Section 203.02. Public notice of receipt of a completed permit application and draft permit.

 

(1)   Intent. Public notice of the receipt of a completed permit application and draft permit is intended to inform interested members of the public of a completed application, the tentative determination to issue or deny the permit as required in s. 283.39 , Stats., and the public's right to obtain additional information, submit written comments, or request a public hearing with respect to issuance of a draft permit. Exceptions to the requirements for noticing are provided in s. NR 203.015 . Public notice procedures for the issuance of general permits are contained in s. NR 205.08 .

(2)   Form. The public notice of receipt of a completed permit application and draft permit shall be in writing, with a title identifying the subject of the notice and the number of the permit.

(3)   Content. The notice of receipt of a completed permit application and draft permit shall contain all of the following information:

(a) The name and address of the applicant.

(b) A brief description of each applicant's activities or operations which result in the discharge described in the application.

(c) The name of the waterway to which the discharge is made, a general description of the location of such discharge and a statement whether such discharge is a new or existing discharge.

(d) A statement of the tentative determination to issue or deny a permit for the discharge described in the application.

(e) A brief description of the procedures for reaching a final decision on the draft permit, including the 30-day period for public comment, and the 30-day period for requesting an informational public hearing or the hearing date and location if the department has already decided to hold a hearing. The availability of documents including the draft permit, fact sheet and other supporting information shall also be included in the notice.

(f) The name, address, phone number, and email of the contact person issuing the notice.

(g) The name, address, phone number, email, and Internet Web site where interested persons may obtain further information, request a copy of the draft permit, fact sheet, and inspect and copy forms and related documents.

(h) A statement that reasonable costs will be charged for copies of all information excluding public notices, permits, and fact sheets.

(i) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions for the permit.

(j) If applicable, the location of each sludge treatment works treating domestic sewage including those for "sludge only facilities," the sludge use, the sludge disposal practices, and the location of each sludge use or disposal site known at the time of permit application.

(k) The requirements applicable to cooling water intake structures under 33 USC 1326 (b), and 40 CFR part 125 , subparts I, and J.

(L) Information indicating where the completed permit application, draft permit, and fact sheet may be viewed on the department's Internet Web site.

(m) If the applicant applied for a variance to a water quality standard, a statement regarding the tentative decision to approve or deny the variance. If the tentative decision is to grant the variance, the notice shall also specify which of the conditions specified in s. 283.15 (4) (a) 1. a. to e. , Stats., were met, and shall also specify any effects of the variance on the designated use of the water body during the term of the permit.

(4)   Notification. Procedures for providing public notice of a completed permit application shall include all of the following:

(a) Publication of the notice as a class 1 notice under ch. 985 , Stats. , in a newspaper of general circulation in the area affected by the discharge.

(b) Mailing the notice to the applicant, any user of a privately owned treatment works that was specifically identified in the permit application, and any person or group upon request.

(c) Mailing the notice to individuals and groups on a department WPDES permit application mailing list. Requests to be placed on the mailing list shall be directed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921.

(d) Publication of the notice through an electronic notification system established by the department.

(e) Publication of the notice on the department's Internet Web site.

(f) To satisfy the mailing requirement of this subsection the department may either send a paper copy of the document in the US mail, or transmit the document electronically by email, provided the person or group does not object to electronic mailing. The document mailed may reference the department's Internet Web site where additional referenced material can be accessed.

(5)   Public notice date. Public notice shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.

Cr. Register, January, 1974, No. 217 , eff. 2-1-74; am. (1), r. (4) (b), renum. (4) (c) to be (4) (b), renum. (4) (d) to be (4) (c) and am., Register, November, 1976, No. 251 , eff. 12-1-76; am. (1) and (4) (c), Register, September, 1984, No. 345 , eff. 10-1-84; am. (1), Register, February, 1996, No. 482 , eff. 3-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491 ; CR 09-123 : cr. (3) (j) and (k) Register July 2010 No. 655 , eff. 8-1-10; CR 14-027 : am. (title), (1), (2), (3) (intro.), (e) to (h), (j), (k), cr. (L), (m), am. (4) (title), (intro.), (b), (c), cr. (4) (d) to (f), (5) Register July 2015 No. 715 , eff. 8-1-15.

Note

A sludge use site includes a site for land application. Sludge disposal sites include surface disposal sites (not permitted in Wisconsin), landfills and incineration sites. Microsoft Windows NT 6.1.7601 Service Pack 1