Section 182.19. Exemptions and modifications.

 

(1)  The department may grant exemptions from the requirements of this chapter and modifications to any license, plan of operation, or other authority issued under this chapter as provided in s. 289.30 (6) and 289.43 , Stats., if such exemptions or modifications are consistent with the purposes of this chapter and ch. NR 132 and will not violate any applicable federal or state law or regulation.

(2)  All requests for exemptions by the applicant shall be made at least 90 days before the hearing under s. 293.43 , Stats., unless the condition which is the basis for the requested exemption is unknown to the applicant prior to that time or for good cause shown. If an applicant applies for an exemption less than 90 days before the hearing under s. 293.43 , Stats., the portion of the hearing concerning that exemption request shall be held no earlier than 90 days after receipt of the application for the exemption. Requests for exemptions may be made by any party to the s. 293.43 , Stats., hearing other than the applicant up to 30 days before the hearing. Any request for exemption made prior to the hearing under s. 293.43 , Stats., shall be determined as part of that proceeding.

(3)  The burden of proof for seeking an exemption or modification is upon the person seeking it.

(4)  Any party to the hearing under s. 293.43 , Stats., may request modifications and exemptions to make more stringent any provision of this chapter.

(5)  Any application for a modification made after the hearing under s. 293.43 , Stats., shall be determined by the following procedure:

(a) The application shall be in writing and shall include documentation justifying the need for the exemption or modification describing the alternatives and explaining why the exemption or modification was not sought before the s. 293.43 , Stats., hearing.

(b) If the application involves an exemption or a modification from a requirement of this chapter, within 10 days of the application, the department shall publish a class 1 notice under ch. 985 , Stats. , in the official newspaper designated under s. 985.04 or 985.05 , Stats., or, if none exists, in a newspaper likely to give notice in the area of the proposed exemption or modification. The notice shall invite the submission of written comments by any person within 10 days from the time the notice is published, and shall describe the method by which a hearing may be demanded. Notice shall also be given by mail as provided in s. 293.43 (3) (b) 1. , Stats. Within 30 days after the notice is published, a written demand for a hearing on the matter may be filed by any county, city, village, town, tribal government or by any 6 persons. The demand shall indicate the interest of the municipality or persons who file it and state the reasons why the hearing is demanded. A hearing demanded under this paragraph shall be held within 60 days after the deadline for demanding a hearing, and shall be conducted as a class 1 proceeding under s. 227.44 , Stats. The hearing shall be held in an appropriate place designated by the department in one of the counties, cities, villages or towns which are substantially affected by the operation of the facility. Within 45 days after giving notice, or within 30 days after any hearing is adjourned, whichever is later, the department shall determine whether the modification or exemption as requested shall be granted.

(c) If the application does not involve an exemption or a modification from a requirement of this chapter, the department shall issue a decision on the application within 45 days of the receipt of the application.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82. Next page is numbered 503