Contested Case Hearing on Howard Bros. Inc.’s Application of Septage on the Plummer 7 Lot in the Town of Lac du Flambeau
Date: 10/23/2023
Time: 9:00 a.m. - 4:00 p.m.
Location: Vilas
Adam Lindsey, adam.lindsey@wisconsin.gov
On Sept. 29, 2022, the Wisconsin 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 Oct. 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 on a single certified issue. On Jan. 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. On March 23, 2023, a prehearing conference was held where scheduling and other issues were discussed. The issue for hearing is:
Whether the Department lawfully approved Howard Bros. Inc.’s application to land spread septage on the Plummer 7 lot, under Wis. Stat. § 281.48(4m) and Wis. Admin. Code § NR 113.07(3).
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a contested case hearing in the above captioned case, pursuant to Wis. Stat. § 281.48, Wis. Stat. § 227.44, Wis. Stat. § 227.46, Wis. Admin. Code § Chapter NR 2, and Wis. Admin. Code § NR 113.07, from Oct. 23, 2023, until Oct. 27, 2023, at the Vilas County Courthouse, Conference Rooms 1 to 3, located at 330 Court St, Eagle River, Wisconsin 54521.
Please note that, on Oct. 23, 2023, the contested case hearing will begin at 9 a.m., and will recess at 4 p.m. But on Oct. 24, 25, 26 and 27, 2023, the hearing will continue at 8:30 a.m. and recess at 4 p.m. It is expected that testimony will be heard at the contested case hearing. The contested case hearing will be a Class 1 contested case, pursuant to Wis. Stat. § 227.01(3)(a). The procedures set forth in Wis. Stat. § 227.46(1) and Wis. Admin. Code § Chapter NR 2 will be followed and those procedures will closely resemble those which are normally followed at a trial in State Circuit Court.
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 hearing.
