Section 670.410. Public notice and public comment period.

 

(1)   Scope.

(a) The department shall give public notice that any of the following actions have occurred:

1. The department has completed the environmental review process under ch. NR 150 .

2. A license application has been determined to be complete under s. NR 670.403 (3) .

3. A preliminary determination has been issued to approve or deny the license application under s. NR 670.406 .

4. A hearing has been scheduled under s. NR 670.412 .

(b) No public notice is required when a request for license modification, revocation and reissuance, or revocation or denial is denied under s. NR 670.405 (2) . Written notice of that denial shall be given to the requester and to the licensee.

(c) Public notices may describe more than one license or license actions.

(2)   Timing.

(a) Public notice of the preliminary determination required under sub. (1) shall allow at least 45 days for public comment.

(b) If a hearing is to be held under ss. 289.26 or 289.27 , Stats., public notice of the hearing shall be given at least 30 days before the hearing.

(3)   Methods. Public notice of activities described in sub. (1) (a) shall be given by the following methods:

(a) By mailing a copy of a notice to the following persons (any persons otherwise entitled to receive notice under this paragraph may waive their rights to receive notice for any classes and categories of licenses).

1. The applicant.

2. The EPA region 5 administrator if EPA is required to issue a permit for the same facility or activity.

3. Federal and state agencies with jurisdiction over wildlife resources, the advisory council on historic preservation and state historic preservation officers, including any affected Indian tribes.

9. Persons on a mailing list developed by:

a. Including those who request in writing to be on the list.

b. Soliciting persons for "area lists" from participants in past license proceedings in that area.

c. Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in publications such as state funded newsletters, environmental bulletins or state law journals. The department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The department may delete from the list the name of any person who fails to respond to such a request.

10. To the clerk of any unit of local government having jurisdiction over the area where the facility is proposed to be located.

11. To each state agency having any authority under state law with respect to the construction or operation of the facility.

12. The main public library in each affected municipality.

(b) For preliminary determinations, the department shall publish a class 1 notice according to ss. 985.04 , 985.05 and 985.06 , Stats., and broadcast over local radio stations.

(4)   Contents.

(a) All public notices. All public notices issued under this chapter shall contain the following minimum information:

1. Name and address of the office processing the license action for which notice is being given.

2. Name and address of the licensee or license applicant and, if different, of the facility or activity regulated by the license.

4. Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the preliminary determination, fact sheet, and the license application.

5. A brief description of the comment procedures required by ss. NR 670.411 and 670.412 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final license decision.

6. The location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record.

10. Any additional information considered necessary or proper.

(b) Public notices for hearings. In addition to the general public notice described in par. (a) , the public notice of a hearing under s. NR 670.412 shall contain the information required under s. NR 2.06 (1) and (2) .

(5)  In addition to the general public notice described in sub. (4) (a) , all persons identified in sub. (3) (a) 1. to 3. , shall be mailed a copy of the fact sheet and the preliminary determination.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

Section 289.24 (4) , Stats, requires the applicant to distribute copies of the license application to the persons specified under s. 289.32 , Stats., immediately after receiving notice of the department's determination that the license application is complete. Microsoft Windows NT 6.1.7601 Service Pack 1