283.39 Public notice.

(1) The department shall promulgate by rule procedures for providing to interested members of the public notices of each complete application for a permit. Procedures for providing public notices shall include at least the following:

(a) Publication of the notice as a class 1 notice under ch. 985;

(b) Mailing of the notice to any person or group upon request.

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

(d) Publication of the notice on the department's Internet website.

(1m) Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet website.

(2) The department shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the permit application. All written comments submitted during the period for comment shall be retained by the department and considered in the formulation of the final determinations for the permit application.

(3) The department shall by rule prescribe the form and content of public notices issued under sub. (1). Every such notice issued by the department shall include at least the following information:

(a) The name and address of each applicant;

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

(bg) Information indicating where the complete application may be viewed on the department's Internet website.

(c) The name of the waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating 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;

(dm) If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;

(e) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required under sub. (2).

History: 1973 c. 74; 1975 c. 349; 1995 a. 227 s. 866; Stats. 1995 s. 283.39; 2011 a. 32, 167; 2017 a. 365 s. 112.