2011 Wisconsin Act 167

167,88 Section 88. 281.346 (9) (d) 3. of the statutes is amended to read:

281.346 (9) (d) 3. The department shall circulate provide public notice of any hearing held under this paragraph in the manner provided under par. (b) 1. The notice shall include the time, date, and location of the hearing, a summary of the subject matter of the application or proposed general permit, and information indicating where a copy of the application or proposed general permit that is the subject of the hearing may be found on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application or proposed general permit. If the hearing concerns an application received by the department, the notice shall also include the name and address of the applicant.

167,89 Section 89. 281.41 (5) of the statutes is created to read:

281.41 (5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under sub. (1) (b), if the department determines that all of the following are satisfied:

(a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

(b) The plan design is submitted by a registered professional engineer.

(c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.

(d) The plan design contains no unusual siting requirements or other unique design features.

(e) The plan design is not likely to have an adverse impact on the environment.

167,90 Section 90. 283.39 (1) (intro.) of the statutes is amended to read:

283.39 (1) (intro.) The department shall promulgate by rule procedures for circulating providing to interested and potentially interested members of the public notices of each complete application for a permit. Procedures for the circulation of providing public notices shall include at least the following:

167,91 Section 91. 283.39 (1) (c) of the statutes is created to read:

283.39 (1) (c) Publication of the notice through an electronic notification system established by the department.

167,92 Section 92. 283.39 (1) (d) of the statutes is created to read:

283.39 (1) (d) Publication of the notice on the department's Internet Web site.

167,93 Section 93. 283.39 (1m) of the statutes is created to read:

283.39 (1m) Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.

167,94 Section 94. 283.39 (3) (bg) of the statutes is created to read:

283.39 (3) (bg) Information indicating where the complete application may be viewed on the department's Internet Web site.

167,95 Section 95. 283.49 (1) (a) of the statutes is amended to read:

283.49 (1) (a) The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the circulation of the public notice of the complete permit application is provided and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.

167,96 Section 96. 283.49 (2) (a) of the statutes is amended to read:

283.49 (2) (a) Public notice of any hearing held under this section shall be circulated provided in accordance with the requirements of s. 283.39 (1) and the public notice shall be considered to be provided on the date specified in s. 283.39 (1m).

167,97 Section 97. 283.53 (1) of the statutes is amended to read:

283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall have a an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit for a term of not more than 5 years, subject to sub. (3).

167,98 Section 98. 283.53 (2) (a) (intro.) of the statutes is amended to read:

283.53 (2) (a) (intro.) Any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified, suspended terminated, or revoked and reissued, in whole or in part, for cause, including but not limited to:

167,99 Section 99. 283.53 (2) (b) of the statutes is amended to read:

283.53 (2) (b) Whenever, on the basis of any information available to it, the department finds that there is cause for modifying, suspending terminating, or revoking and reissuing a permit, in whole or in part, the department shall notify the permittee by certified mail or personal service of its intention to modify, suspend terminate, or revoke and reissue the permit, in whole or in part, except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department may notify the permittee by electronic mail. Such notice shall specify the information upon which the department relies, and if the department intends to modify the permit, shall explain the modifications which the department intends to make in the permit.

167,100 Section 100. 283.53 (2) (c) of the statutes is amended to read:

283.53 (2) (c) The department shall also notify the U.S. environmental protection agency, the U.S. army corps of engineers, any affected state, any interested agency of this state, and any interested members of the public of its intention to modify, suspend terminate, or revoke and reissue a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be circulated provided to members of the public in accordance with s. 283.39 (1), except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department is not required to provide notice of the substantial change under s. 283.39 (1) (a). The department shall provide a 14-day period, from the date on which notice is provided under s. 283.39 (1) (d), for written comments on a proposed modification to authorize a substantial change to a nutrient management plan.

167,101 Section 101. 283.53 (2) (d) of the statutes is amended to read:

283.53 (2) (d) The department may hold a public hearing on a proposed permit modification, suspension termination, or revocation and reissuance if the department determines that there is a significant public interest in holding such a hearing or upon the petition of 5 or more persons. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. A petition for a hearing on a proposed permit modification to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation shall be filed within 14 days of the date notice is provided under s. 283.39 (1) (d).

167,102 Section 102. 283.53 (2) (e) of the statutes is amended to read:

283.53 (2) (e) Public notice of any hearing held under this section shall be circulated provided in accordance with the requirements of pars. (b) and (c).

167,103 Section 103. 283.63 (1) (intro.) of the statutes is amended to read:

283.63 (1) (intro.) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension termination, or revocation and reissuance, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 283.17 or any water quality based effluent limitation established under s. 283.13 (5). Such review shall be accomplished in the following manner:

167,104 Section 104. 283.63 (1) (a) of the statutes is amended to read:

283.63 (1) (a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate provide a notice of public hearing in accordance with the requirements of s. 283.39 (1) at least 10 days prior to holding a public hearing thereon. The public notice shall be considered to be provided on the date specified in s. 283.39 (1m).

167,105 Section 105. 283.63 (1) (b) of the statutes is amended to read:

283.63 (1) (b) The department shall hold a public hearing at the time and place designated in the notice of hearing. At the beginning of each such hearing the petitioner shall present evidence to the department which is in support of the allegation made in the petition. All interested persons or their representative shall be afforded an opportunity to present facts, views or arguments relevant to the issues raised by the petitioners, and cross-examination shall be allowed. The department shall consider anew all matters concerning the permit denial, modification, suspension termination, or revocation and reissuance. No person may be required to appear by attorney at any hearing under this section.

167,106 Section 106. 285.61 (5) (title) of the statutes is amended to read:

285.61 (5) (title) Notice; announcement; newspaper type of notice.

167,107 Section 107. 285.61 (5) (c) of the statutes is amended to read:

285.61 (5) (c) Newspaper Type of notice required. The department shall publish a class 1 notice under ch. 985, shall publish notice on its Internet Web site, and shall provide notice, upon request, to interested persons, announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination. The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.

167,108 Section 108. 285.62 (3) (a) 1g. of the statutes is created to read:

285.62 (3) (a) 1g. The name and address of the applicant.

167,109 Section 109. 285.62 (3) (a) 1m. of the statutes is created to read:

285.62 (3) (a) 1m. Information indicating where the application may be viewed on the department's Internet Web site.

167,110 Section 110. 285.62 (3) (c) of the statutes is amended to read:

285.62 (3) (c) The department shall publish the notice prepared under par. (a) as a class 1 notice under ch. 985 in a newspaper published in the area that may be affected by emissions from the stationary source, shall publish the notice on its Internet Web site, and, upon request, shall provide notice to interested persons. The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which public notice is provided under this paragraph, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

167,111 Section 111. 285.63 (11) of the statutes is created to read:

285.63 (11) Modeling. The department is not required to use air dispersion modeling as a basis for making its findings under sub. (1) for a minor source unless modeling is specifically provided for under the federal clean air act, rules promulgated under this chapter, or a federal or state agreement.

167,112 Section 112. 285.76 (2) (a) of the statutes is amended to read:

285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, and in the official state newspaper and provide a written statement concerning the proposed redesignation to those newspapers. The notices published under this paragraph shall include information on how to locate the redesignation proposal on the department's Internet Web site.

167,113 Section 113. 285.76 (2) (am) of the statutes is created to read:

285.76 (2) (am) Publish notice of the proposed redesignation and request for consultation with the state on the department's Internet Web site.

167,114 Section 114. 285.76 (2) (ar) of the statutes is created to read:

285.76 (2) (ar) Provide to interested persons, upon request, notice of the proposed redesignation and request for consultation with the state. The notice may be given through an electronic notification system established by the department. The notice shall include information indicating where the redesignation proposal may be viewed on the department's Internet Web site.

167,115 Section 115. 285.76 (2m) of the statutes is created to read:

285.76 (2m) For the purpose of determining the date on which notice of the proposed redesignation and request for consultation with the state is provided under sub. (2), the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.

167,116 Section 116. 285.76 (3) of the statutes is amended to read:

285.76 (3) Within 15 days after receiving notification of the time and place of a public hearing under 42 USC 7474 (b) (1) (A) concerning a proposal by an American Indian tribal governing body to redesignate an area, the department shall provide notice of the time and place of the public hearing in the manner provided in subs. (1) and (2) (a) and by publication of the notice on the department's Internet Web site. If the department receives notification of a hearing at the same time that it receives notification of the proposed redesignation, it shall combine the newspaper notices under this subsection with the notices under sub. (2) (a) and (am).

167,117 Section 117. 289.25 (3) of the statutes is amended to read:

289.25 (3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility, and shall publish the notice on its Internet Web site. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.

167,118 Section 118. 289.31 (4) of the statutes is renumbered 289.31 (4) (am).

167,119 Section 119. 289.31 (4) (am) 4. of the statutes is created to read:

289.31 (4) (am) 4. Publication of the notice on the department's Internet Web site.

167,120 Section 120. 289.31 (4) (am) 5. of the statutes is created to read:

289.31 (4) (am) 5. Providing notice to interested persons upon request. The notice may be given through an electronic notification system established by the department.

167,121 Section 121. 289.31 (4) (bm) of the statutes is created to read:

289.31 (4) (bm) The notice provided under par. (am) 1., 3., 4., and 5. shall include all of the following:

1. The name and address of the applicant.

2. A summary that contains a brief, precise, easily understandable, plain language description of the subject matter of the license.

3. Information indicating where more information about the subject matter of the license may be viewed on the department's Internet Web site.

167,122 Section 122. 289.31 (4) (cm) of the statutes is created to read:

289.31 (4) (cm) For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

167,123 Section 123. 289.41 (1m) (g) 1. of the statutes is amended to read:

289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner's obligation to maintain proof of financial responsibility for long-term care of the facility. Upon receipt of an application under this subdivision, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the facility, shall publish the notice on its Internet Web site, and shall provide the notice, upon request, to interested members of the public. The department's notice to interested members of the public may be given through an electronic notification system established by the department. The notice shall include a statement that the owner has applied to terminate the owner's obligation to maintain proof of financial responsibility for the long-term care of the facility, the name and address of the owner, and information indicating where the full text of the application may be viewed on the department's Internet Web site. The notice shall invite the submission of written comments by any person within 30 days after the notice is published. The notice shall describe the methods by which a hearing may be requested under subds. 2. and 3. The department shall distribute a copy of the notice to the owner of the facility. In any hearing on the matter, the burden is on the owner to prove by a preponderance of the evidence that continuation of the requirement to provide proof of financial responsibility for long-term care is not necessary for adequate protection of human health or the environment. Within 120 days after the publication of the notice or within 60 days after any hearing is adjourned, whichever is later, the department shall determine whether proof of financial responsibility for long-term care of the facility continues to be required. For the purpose of determining the date on which notice is provided under this subdivision, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice. A determination that proof of financial responsibility for long-term care is no longer required terminates the owner's obligation to maintain proof of financial responsibility for long-term care. The owner may not submit another application under this subdivision until at least 5 years after the previous application has been rejected by the department.

167,124 Section 124. 291.87 (3) of the statutes is amended to read:

291.87 (3) If the licensee requests a hearing within 45 days after receiving the notice under sub. (2), the department shall schedule a hearing and give notice of the hearing by publishing a class 1 notice, under ch. 985, by publishing the notice on its Internet Web site, and, upon request, by providing the notice to interested members of the public, at least 45 days prior to the date scheduled for the hearing. The department's notice to interested members of the public may be given through an electronic notification system established by the department. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice. If the licensee requests a contested case hearing and if the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a contested case; otherwise, the department shall conduct the hearing as an informational hearing. There is no statutory right to any hearing concerning the denial, suspension or revocation of a license for the reasons stated under sub. (1m) (b) to (f) except as provided under this subsection.

167,125 Section 125. 291.87 (6) (a) of the statutes is amended to read:

291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely to give notice in the area where the facility is located, publishing the notice on its Internet Web site, and, upon request, providing the notice to interested members of the public. The department's notice to interested members of the public may be given through an electronic notification system established by the department.

167,126 Section 126. 291.87 (6m) of the statutes is created to read:

291.87 (6m) For the purpose of determining the date on which notice is provided under subs. (4) and (5), the date on which the department first publishes the notice on its Internet Web site as required under sub. (6) shall be considered the date of notice.

167,127 Section 127. 292.31 (3) (f) of the statutes is amended to read:

292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice, under ch. 985, shall publish the notice on its Internet Web site, and, upon request, shall provide the notice to interested members of the public, prior to taking remedial action under this subsection and subs. (1) and (7), which describes. The department's notice to interested members of the public may be given through an electronic notification system established by the department. The notice shall describe the proposed remedial action and, the amount and purpose of any proposed expenditure, the name and address of the facility that is the subject of the proposed remedial action, a brief description of the proposed remedial action, and information indicating where more information regarding the proposed remedial action may be viewed on the department's Internet Web site. For the purpose of determining the date on which notice is provided under this paragraph, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice. Except as provided under par. (d), the department shall provide a hearing to any person who demands a hearing within 30 days after the notice is published for the purpose of determining whether the proposed remedial action and any expenditure is within the scope of this section and is reasonable in relation to the cost of obtaining similar materials and services. The department is not required to conduct more than one hearing for the remedial action proposed at a single site or facility. Notwithstanding s. 227.42, the hearing shall not be conducted as a contested case. The decision of the department to take remedial action under this section is a final decision of the agency subject to judicial review under ch. 227.

167,128 Section 128. 299.05 of the statutes is repealed and recreated to read:

299.05 Deadlines for action on certain applications. (1) Definition. In this section, "approval" means a license, registration, or certification specified in sub. (2).