Prehearing Conference In the matter of Petition for Contested Case Hearing Regarding City of Waupun WPDES Permit No. WI-0022772-10-0
Date: 05/14/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Susan Burns, Susan.Burns2@wisconsin.gov
On February 16, 2024, the City of Waupun (City), by its attorneys Boardman & Clark, LLP, (collectively “the petitioners”) filed a Petition for a Contested Case Hearing with the Wisconsin Department of Natural Resources (DNR) to review the reasonableness, necessity and legal authority for certain terms and conditions including the Department’s reissuance of the City’s WPDES Permit No. WI-0022772-10-0, dated December 22, 2023 (the “Permit”). By letter dated March 11, 2024, the DNR granted the request for contested case hearing pursuant to Wis. Stat. § 283.63 and limited the hearing to the following issue:
Are the monitoring and reporting requirements under Permit Sections 2.2.3; 2.2.3.1, and 6.2.6 reasonable and authorized under Wis. Admin. Code § NR 205.07 and other related regulations and statutes?
Are the requirements related to algae solids under Permit Sections 4, 5, and 6 authorized under Wis. Stat. ch. 283 and Wis. Admin. Code ch NR 204?
On April 16, 2024, the DNR submitted to the Division of Hearings and Appeals a request for hearing. The parties have agreed to a date for a prehearing conference.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. §§ 227.44 and 227.46(1), and Wis. Admin. Code §§ NR 2.08(5) and 2.12, at 10:00 AM on May 14, 2024, via Microsoft Teams. Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested in participating may participate by telephone by calling (608) 571-2209 and entering Meeting ID 422 856 248#.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, address any other matters as may aid in the disposition of the action, and schedule a date for the contested case hearing. No testimony will be heard at the prehearing conference. However, a date may be selected for a contested case hearing.
All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.
Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at (608) 266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
