Section 299.03. Application for certification.

 

(1)  No person may conduct any activity which may result in any discharge into the waters of the state unless the person has received a certification or waiver under this chapter. Unless the licensing or permitting agency or the regional administrator submits an application to the department under 40 CFR 121.13 , the applicant shall submit to the department a complete description of the activity for which certification is sought, including:

(a) The name and address of the applicant;

(b) A description of the facility or activity and of any discharge which may result from the activity or facility, including, but not limited to: the volume of discharge; the biological, chemical, thermal, and other characteristics of the discharge; a description of the existing physical environment at the site of the discharge; the size of the area affected; the location or locations at which the discharge may enter the waters of the state; and any environmental impact document information and photographs which have been provided to the licensing or permitting agency;

(c) A description of the function and operation of equipment, facilities, or activities to treat pollutants or other effluents which may be discharged, including specification of the degree of treatment expected to be attained;

(d) The date or dates on which the activity will begin and end, if known, and the date or dates on which the discharge will take place;

(e) A description of the methods being used or proposed to monitor the quality and characteristics of the discharge and the operation of equipment, facilities, or activities employed in the treatment or control of pollutants or other effluents;

(f) Information sufficient to determine whether the proposed activity is water dependent; and

(g) A description of practicable alternatives to the proposed activity and a description of the investigation conducted to determine the viability of such alternatives, including alternative locations, construction design and methods, and operations.

(2)  The department shall initially determine whether a complete application has been submitted and, no later than 30 calendar days after the application has been submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An application may not be considered complete until the requirements of the Wisconsin environmental policy act, s. 1.11 , Stats., have been met and until all information necessary for associated permits, such as Wisconsin pollution discharge elimination permits under ch. 283 , Stats. , has been submitted to the department.

(3)  The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

(4)  The department shall protect as confidential any information, other than effluent data, submitted under this chapter which meets the requirements of s. 283.55 (2) (c) , Stats., and s. NR 2.19 .

History: Cr. Register, May, 1981, No. 305 , eff. 6-1-81; renum. from NR 299.04 and am. (1), (2), (4) and (5), r. (3), Register, October, 1990, No. 419 , eff. 11-1-90; CR 02-015 : am. (2) and (3) Register January 2003 No. 565 , eff. 2-1-03.