Current through August 26, 2024
(1)
GENERAL. The department may modify, revoke and reissue, or terminate a permit
upon request of any interested person, including the permittee, or upon the
department's initiative. Permits may only be modified, revoked and reissued, or
terminated for one of the causes listed in s.
NR 203.136. If cause exists, the department may request
an updated application if necessary.
(2) NOTIFICATION. Whenever, on the basis of
any information available to it, the department finds that there is cause under
s.
NR 203.136 for modifying, revoking and reissuing, or
terminating a permit, in whole or in part, the department shall notify the
permittee by certified mail or personal service of its intended permit action.
However, if the department proposes to modify a permit to authorize a
substantial change to a nutrient management plan of a concentrated animal
feeding operation, the department may notify the permittee by email. When
notifying the permittee of a proposal to modify, revoke and reissue, or
terminate the department shall specify the information upon which the
department relies, and if the department intends to modify the permit, shall
explain the modifications which the department intends to make in the
permit.
(3) REQUESTS. Permits may
be modified, revoked and reissued, or terminated at the request of any
interested person, including the permittee. All requests for a modification,
revocation and reissuance, or termination by a permittee or interested person
shall be in writing and shall contain facts or reasons supporting the
request.
(4) DENIAL. If the
department decides the request is not justified, the department shall send the
requester a brief written response giving a reason for the decision. Denials of
requests for modification, revocation and reissuance, or termination are not
subject to public notice, comment, informational hearings or adjudicatory
hearings under s.
283.63,
Stats.
(5) PERMIT ACTION
PROCEDURES.
(a) If the department tentatively
decides to modify or revoke and reissue a permit the department shall prepare a
draft permit under s.
NR 200.11 incorporating the proposed changes. For a
permit modification, the department may request additional information and may
require the submission of an updated application. For revoked and reissued
permits, the department shall require the submission of a new application. The
department shall follow the public notice, comment and hearing procedures in
ch. NR 203 with respect to its intention to modify, or revoke and reissue a
permit, except as otherwise provided in this section.
(b) In a permit modification only those
conditions to be modified shall be reopened when a new draft permit is
prepared. All other aspects of the existing permit shall remain in effect for
the duration of the existing permit. When a permit is revoked and reissued, the
entire permit is reopened just as if the permit had expired and was being
reissued for a new term. During any revocation and reissuance proceeding the
permittee shall comply with all conditions of the existing permit until a new
final permit is reissued.
(c) Minor
modifications that qualify for a procedural exemption under s.
NR 203.015 are not subject to the requirements of this
section, and the permit may be modified without a draft permit or public
review.
(6) TERMINATION.
(a) Except as provided in paragraph (b), if
the department tentatively decides to terminate a permit, the department shall
issue a notice of intent to terminate. A notice of intent to terminate is
subject to the same procedures as a draft permit prepared under s.
NR 200.11.
(b) If the department tentatively decides to
terminate a permit due to permanent elimination of a discharge that is due to a
facility closure, connection to a publicly owned treatment works or some other
cause, the department may terminate the permit by written notice to the
permittee. The termination of the permit shall be effective 30 days after the
notice is sent, unless the permittee files a written objection of the
termination with the department within the 30 day time period. If a notice of
objection is filed by the permittee, then the department shall follow the
procedures for preparation of a draft permit under s.
NR 200.11.
(7) CAFO PERMITS.
(a) If the department proposes to modify a
permit to authorize a substantial change to a nutrient management plan of a
concentrated animal feeding operation (CAFO), the department is not required to
provide notice of the substantial change under s.
283.39(1) (a), Stats. The department shall provide a
14-day period, from the date on which notice is provided on the department's
Internet Web site in accordance with s.
283.39(1) (d), Stats., for written comments on a
proposed modification to authorize a substantial change to a nutrient
management plan. A petition for an informational hearing on a proposed permit
modification to authorize a substantial change to a nutrient management plan of
a concentrated animal feeding operation shall be filed within 14 days of the
date notice is provided under s.
283.39(1) (d), Stats.
(b) Incorporation of a nutrient management
plan in a CAFO general permit when a CAFO obtains coverage under a general
permit is not a permit modification subject to the notice and public notice
procedures in the subsection.
