AB322,9,2422 (bn) 1. The department shall issue general water quality certifications that are
23consistent with all of the general permits issued under 33 USC 1344 (e) that applied
24on January 8, 2001, to nonfederal wetlands located in this state.
AB322,10,4
12. If a general permit as specified in subd. 1., is amended or modified after
2January 8, 2001, the department shall incorporate the amendments or modifications
3into the general water quality certifications issued under subd. 1. and may not
4otherwise amend or modify the general water quality certifications.
AB322,10,115 (c) If the department determines that any of the discharges under a general
6water quality certification issued under this section fails to meet any of the standards
7in par. (a), the department shall modify the certification so that the discharges meet
8all of the standards. If the department cannot modify the certification so that all of
9the standards will be met or if the department determines that the discharges subject
10to the general certification are more appropriately certified by using individual
11water quality certifications, the department shall revoke the general certification.
AB322,10,1412 (d) Before issuing, modifying, or revoking a general water quality certification
13under this subsection, the department shall provide notice and a hearing under ss.
14227.17 and 227.18.
AB322,10,17 15(9) Inspection authority. (a) For purposes of enforcing this section, any
16employee or other representative of the department, upon presenting his or her
17credentials, may do any of the following:
AB322,10,2018 1. Enter and inspect any property on which is located a nonfederal wetland, or
19part of a nonfederal wetland, for which an application for a water quality
20certification has been submitted to the department.
AB322,10,2321 2. Enter and inspect any property on which is located a nonfederal wetland and
22where the department has probable cause to believe that a violation of this section
23has occurred or is occurring to investigate a discharge of dredged or fill material.
AB322,10,2524 3. Gain access to and inspect any records that the department requires a holder
25of a water quality certification to keep.
AB322,11,7
1(am) An employee or representative of the department may not exercise the
2authority granted under par. (a) 1. before the date upon which the application is
3submitted. If the application is denied, an employee or representative of the
4department may not exercise this authority after the date on which the application
5is denied. If the application is approved, an employee or representative of the
6department may not exercise this authority after the 20th day immediately following
7the completion of the discharge of the dredged or fill material.
AB322,11,118 (b) Any employee or representative of the department may exercise the
9authority granted under par. (a) 1., 2., or 3. only during reasonable hours and only
10after the department has provided reasonable advance notice to the person owning
11the property involved or to the holder of the water quality certification.
AB322,11,1512 (c) An employee or representative of the department may not gain access to or
13inspect any records as authorized under par. (a) 3. unless the holder of the water
14quality certification, or the holder's designee, is present or unless the holder of the
15certification waives this requirement.
AB322,11,17 16(10) Other requirements. This section does not affect the authority of the
17department to do any of the following:
AB322,11,2018 (a) Regulate the discharge of dredged or fill material in a nonfederal wetland
19under ss. 59.692, 61.351, 62.231, 87.30, 281.11 to 281.35, 281.41 to 281.47, or 281.49
20to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
AB322,11,2221 (b) Issue a water quality certification under rules promulgated under this
22chapter to implement 33 USC 1341 (a).
AB322, s. 8 23Section 8. 281.69 (3) (b) 2. of the statutes is amended to read:
AB322,11,2524 281.69 (3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1), if the
25restoration will protect or improve a lake's water quality or its natural ecosystem.
AB322, s. 9
1Section 9. 281.98 (1) of the statutes is amended to read:
AB322,12,72 281.98 (1) Except as provided in ss. 281.47 (1) (d), 281.75 (19), and 281.99 (2),
3any person who violates this chapter or any rule promulgated or any plan approval,
4license or, special order, or water quality certification issued under this chapter shall
5forfeit not less than $10 nor more than $5,000 for each violation. Each day of
6continued violation is a separate offense. While an order is suspended, stayed, or
7enjoined, this penalty does not accrue.
AB322, s. 10 8Section 10. 299.95 of the statutes is amended to read:
AB322,12,24 9299.95 Enforcement; duty of department of justice; expenses. The
10attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
11ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
12approvals and, permits, and water quality certifications of the department, except
13those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except
14as provided in s. 285.86. The circuit court for Dane county or for any other county
15where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to
16285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
17or, permit, or certification by injunctional and other relief appropriate for
18enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
19or this chapter or the rule, special order, license, plan approval or, permit or
20certification
prohibits in whole or in part any pollution, a violation is considered a
21public nuisance. The department of natural resources may enter into agreements
22with the department of justice to assist with the administration of chs. 281 to 285 and
23289 to 295 and this chapter. Any funds paid to the department of justice under these
24agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
AB322, s. 11 25Section 11. Nonstatutory provisions.
AB322,13,1
1(1) Temporary process.
AB322,13,32 (a) In this subsection, "existing federal law or interpretation" has the meaning
3given in section 281.36 (1) (b) of the statutes, as created by this act.
AB322,13,74 (b) Except as provided in paragraph (c), no person may discharge dredged or
5fill material into a nonfederal wetland before the date on which the rules required
6under section 281.36 (6) of the statutes, as created by this act, are effective unless
7one of the following applies:
AB322,13,10 81. The person demonstrates to the satisfaction of the department of natural
9resources that the discharge would qualify for an exemption under existing federal
10law or interpretation.
AB322,13,12 112. The person receives a water quality certification issued under section 281.36
12of the statutes, as created by this act.
AB322,13,15 133. The person demonstrates to the satisfaction of the department of natural
14resources that the discharge is exempt from the water quality standards for wetlands
15set under rules promulgated under section 281.15 of the statutes.
AB322,13,1716 (c) This subsection does not apply after the date on which the rules required
17under section 281.36 (6) of the statutes, as created by this act, are effective.
AB322,13,2218 (2) Rules deadline. The department of natural resources shall submit in
19proposed form the rules required under section 281.36 (6) of the statutes, as created
20by this act, to the legislative council staff under section 227.15 (1) of the statutes no
21later than the first day of the 13th month beginning after the effective date of this
22subsection.
AB322, s. 12 23Section 12. Effective dates. This act takes effect on the day after publication,
24except as follows:
AB322,14,2
1(1) The treatment of section 23.321 (2) of the statutes takes effect on August
21, 2001, or on the day after publication, whichever is later.
AB322,14,33 (End)
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