Prehearing on Approval of Howard Bros. Inc.’s Application of Septage on the Plummer 7 Lot, in the Town of Lac du Flambeau
Date: 03/23/2023
Time: 1:30 p.m. - End of Agenda
Location: Division of Hearings and Appeals, 4822 Madison Yards Way - S148
Adam Lindsey, adam.lindsey@wisconsin.gov or 608-261-0767
On September 29, 2022, the Department of Natural Resources (DNR) issued a license to Howard Bros. Inc. (Howard Bros.), approving Howard Bros.’ request to engage in the spreading of septage to land (on a parcel of land referred to as the Plummer 7 Lot) located in the Town of Lac du Flambeau, County of Vilas, State of Wisconsin. Mr. Kyle Howard prepared the license application on behalf of Howard Bros., which is located at 11548 Lemma Creek Road, Arbor Vitae, Wisconsin, 54568. On October 27, 2022, the Lac du Flambeau Band of Lake Superior Chippewa Indians (Petitioner) submitted a petition for a contested case hearing to review the approval and, on November 16, 2022, the DNR granted the request for a contested case hearing only as to the following issue:
Whether the Department lawfully approved Howard Bros. Inc.’s application to land spread septage on the Plummer 7 lot, under Wis. Stat. § 281.48 and ch. NR 113, Wis. Admin. Code.
On January 20, 2023, the DNR submitted a request for a hearing to the Division of Hearings and Appeals, along with the Petitioner’s contested case hearing request and other associated documents.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold an in-person prehearing conference in the above captioned case, pursuant to Wis. Stat. § 227.44, Wis. Admin. Code § NR 2.08(5), and Wis. Admin. Code § NR 2.12, at 1:30 PM on March 23, 2023, at the offices of the Division of Hearings and Appeals, 4822 Madison Yards Way, Room S149, Madison, Wisconsin.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the prehearing conference in-person or by an authorized representative who appears in-person. The purpose of the prehearing conference will be to conclusively identify the parties to the proceeding, simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, address any other matters as may aid in the disposition of the action, and schedule the contested case hearing. No testimony will be heard at the prehearing conference.
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 prehearing conference.
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) 266-3865 with specific information on your request prior to the date of the scheduled prehearing or hearing.
