Section 121.07. Procedures for approval of areawide water quality management plans and plan revisions for designated areas of the state.

 

(1)  Review and approval of areawide water quality management plans for designated areas:

(a) The department shall review and approve or disapprove each areawide water quality management plan and shall make recommendations to the governor as to the certification of all or parts of each plan.

(b) To receive departmental approval areawide water quality management plans for designated areas must have been subject to a public participation process, approved by the department including at a minimum, a public hearing.

(2)  Review and approval of 5-year updates to areawide water quality management plans for designated areas:

(a) The department shall reevaluate the approval status of each areawide water quality management plan for designated areas at least every 5 years.

1. The first such reevaluation will be completed no later than December 31, 1987.

2. Continued or renewed approval shall be granted only to plans, or portions thereof, upon a determination by the department that the plan continues to meet the requirements of this chapter.

(b) Upon reevaluation of the approval status of the plans as described in par. (a) , the department shall approve the plan subject to the approval procedures described in sub. (1) (a) and (b) .

(3)  Review and approval of revisions to areawide water quality management plans for designated areas:

(a) The department may approve on an annual basis, or where expressed procedures are established between the department and a designated planning agency, revisions which incorporate new information or amendments to an approved areawide water quality management plan.

(b) Approval of plan revisions may be subject to a public participation process.

(4)  Disapproval of previously approved areawide water quality management plans or plan elements:

(a) The department may disapprove or otherwise modify any previously approved areawide water quality management plan or plan element if such action is deemed necessary to reflect state law or rules or changes therein; or where the department finds the plan or plan element conflicts with the department's responsibility to protect, maintain, and improve the quality and management of the waters of the state, ground or surface, public and private; or where the plan or plan element is found otherwise not to be in the public interest.

(b) Any disapproval or modification of a previously approved areawide water quality management plan or plan element by the department shall include a public participation process including at minimum a public hearing.

History: Cr. Register, January, 1979, No. 277 , eff. 2-1-79; am. (1) and (2), cr. (3) and (4), Register, August, 1981, No. 308 , eff. 9-1-81.