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Prehearing Conference In The Matter Of WPDES Permit WI-0067409-01-0 To Rob-n-Cin Farms, LLC.

Start Date: 09/01/2026

End Date: 09/01/2026

Time: 10:00 a.m. - End of Agenda

Location: Virtual

Susan Burns, Susan.Burns2@wisconsin.gov 

On Oct. 1, 2025, the Wisconsin Department of Natural Resources (Department) issued WPDES Permit WI-0067409-01-0 to Rob-n-Cin Farms, LLC. (Permittee). On Nov. 26, 2025, Mark Hinchey, Roxanne Ramirez, Milwaukee Riverkeeper, Orchard Knoll Association, and Clean Waters LLC (Petitioners) filed a Petition for a Contested Case Hearing with the Department pursuant to Wis. Stat. §§ 227.42 and 283.63.

By letter dated Dec. 11, 2025, the Department granted the Petitioners’ request for a contested case hearing on three issues. The issues for hearing are: 
(1).    Is Section 1.6 of the Permit unreasonable because it will not ensure compliance with groundwater quality standards? 
(2).    Are Sections 1.7 and 1.8 of the Permit unreasonable because they do not ensure compliance with groundwater quality standards and do not allow the Department to determine compliance with permit conditions?
(3).    Was the Department’s action to issue the Permit unreasonable because the Permit application did not include information necessary for the Department to implement Wis. Stat. § 1.11?

On June 2, 2026, the Division of Hearings and Appeals received, for filing, an original request for hearing from the Department. The parties have conferred and 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. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, at 10 a.m. on Sept. 1, 2026, via Microsoft Teams. Interested persons may request an email invitation to the Teams Telephone Conference by contacting the Division of Hearings and Appeals at 608-266-7709. In the alternative, those interested may participate by telephone by calling 608-571-2209 and entering Phone Conference ID 280 983 027#.

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 confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference.

The hearing in this matter is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the fair play provisions of Wis. Stat. Ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 2 will be followed. Said procedures will closely resemble those that 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 contested case hearing. 

The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file related to the permit may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.

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.