Contested Case Hearing Involving WPDES Mineral (Nonmetallic) Mining And/Or Processing General Permit No. WI-0046515-07-1, DNR-24-0004
Date: 07/23/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
608-266-7709
NOTICE OF PREHEARING CONFERENCE
On Nov. 17, 2023, Aggregate Producers of Wisconsin, Inc., Milestone Materials, Michels Road & Stone, Inc., Payne & Dolan, Inc., Forever Sandfill and Limestone, Inc., County Materials Corporation and MCC, Inc. (collectively “Petitioners”), by their attorneys Husch Blackwell, LLP, filed a Petition for a Contested Case Hearing with the Wisconsin Department of Natural Resources (“DNR”) seeking review of modified provisions of the WPDES Mineral (Nonmetallic) Mining General Permit No. WI-0046515-07-1, effective Oct. 1, 2023 (the “Permit”). By letter dated March 11, 2024, the DNR granted the request for a contested case hearing pursuant to Wis. Stat. § 283.63 and limited the hearing to the following issue:
Are the modified monitoring requirements in Section 4.2.3.1 and related provisions in Sections 4.2.3.1.3.4, 4.5 and 4.62 necessary or reasonable for non-industrial nonmetallic mining facilities that produce crushed stone and other nonmetallic mineral products such as sand and gravel used in transportation and other construction projects?
On June 7, 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 a.m. on July 23, 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. Alternatively, those interested in participating may participate by telephone by calling 608-571-2209 and entering meeting ID 869 231 803#
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, 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.
Pursuant to Wis. Stat. §§ 283.39(1) and 283.63(1)(a); and Wis. Admin. Code § NR 2.08(5), the DNR shall cause a copy of the foregoing Notice to be published once 10 days before the date of the prehearing conference as a class 1 notice under Ch. 985, Stats., in a newspaper of general circulation in the impacted area, and the DNR shall cause a copy of the foregoing to be published on DNR’s Internet website. Finally, the DNR shall furnish proof of publication to the Division of Hearings and Appeals by July 13, 2024.
