2010 Wisconsin Code
Chapter 283. Pollution discharge elimination.
283.63 Review of permits, decisions, terms and conditions.

283.63

283.63 Review of permits, decisions, terms and conditions.

283.63(1)

(1) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension or revocation, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 283.17 or any water quality based effluent limitation established under s. 283.13 (5). Such review shall be accomplished in the following manner:

283.63(1)(a)

(a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate a notice of public hearing in accordance with the requirements of s. 283.39 (1) at least 10 days prior to holding a public hearing thereon.

283.63(1)(am)

(am) After a verified petition for review is filed and until the last day for seeking review of the department's decision or a later date fixed by order of the reviewing court, any term or condition, thermal effluent limitation or water quality based effluent limitation which is the subject of the petition is not effective. All other provisions of the permit continue in effect except those for which an application for a variance has been submitted under s. 283.15. For those provisions for which a petition for review has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

283.63(1)(b)

(b) The department shall hold a public hearing at the time and place designated in the notice of hearing. At the beginning of each such hearing the petitioner shall present evidence to the department which is in support of the allegation made in the petition. All interested persons or their representative shall be afforded an opportunity to present facts, views or arguments relevant to the issues raised by the petitioners, and cross-examination shall be allowed. The department shall consider anew all matters concerning the permit denial, modification, suspension or revocation. No person may be required to appear by attorney at any hearing under this section.

283.63(1)(c)

(c) Any duly authorized representative of the department may administer oaths or affirmations, compel the attendance of witnesses and the production of information by subpoena and continue or postpone the hearing to such time and place as the department determines.

283.63(1)(d)

(d) The department shall issue its decision on the issues raised by the petitioner within 90 days after the close of the hearing.

283.63(2)

(2) The decisions of the department issued under this section shall be subject to judicial review as provided in ss. 227.52 to 227.58.

283.63(3)

(3) Subsections (1) and (2) do not apply if a hearing on the permit application is conducted as a part of a hearing under s. 293.43.

283.63(4)

(4) Subsections (1) and (2) do not apply to the modification of a permit which implements a decision under s. 283.15 or the denial of a request for a variance under s. 283.15. A proceeding under subs. (1) and (2) shall not be delayed pending completion of the review of a variance request under s. 283.15.

283.63(5)

(5) Rules promulgated under s. 281.15 may not be reviewed under this section. The application of rules promulgated under s. 281.15 may be reviewed under this section.

283.63 - ANNOT.

History: 1973 c. 74; 1979 c. 110, 221; 1985 a. 182 s. 57; 1987 a. 27, 60; 1995 a. 227 s. 875; Stats. 1995 s. 283.63.

283.63 - ANNOT.

The judicial review procedure under this section, in conjunction with s. 227.05, 1983 stats [now s. 227.40], is exclusive. Sewerage Commission of Milwaukee v. DNR, 102 Wis. 2d 613, 307 N.W.2d 189 (1981).

283.63 - ANNOT.

Timely review under s. 147.20 [now s. 283.63] of a modified permit does not reopen for consideration those unmodified portions of the permit for which the review period has expired. Village of Theinsville v. DNR, 130 Wis. 2d 276, 386 N.W.2d 519 (Ct. App. 1986).

283.63 - ANNOT.

"Review," as used in this section, does not refer to an issue raised during the public comment period, but to a prior action taken by the DNR. "Review" does not limit the hearing under this section to matters previously raised, nor does the word "anew" in sub. (1) (b) manifest an unambiguous legislative intent to restrict the scope of a hearing under this section. The legislature replaced the phrase "de novo" with the term "anew" when removing Latin terms from the statutes. "Anew" therefore refers to the standard of review by which the DNR must analyze its prior action concerning a permit denial, modification, suspension, or revocation. Nothing in this section expressly limits the hearing to matters considered during public comment. Andersen v. Department of Natural Resources, 2010 WI App 64, ___ Wis. 2d ___, ___ N.W.2d ___, 08-3235.