2011 Wisconsin Act 167

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).

(2) Deadlines. (a) The department shall establish periods within which the department intends to approve or disapprove an application for any of the following:

1. A well driller or pump installer registration under s. 280.15 (1).

2. A water system or septage servicing vehicle operator certification under s. 281.17 (3).

3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).

4. A solid waste incinerator operator certification under s. 285.51 (2).

5. A laboratory certification or registration under s. 299.11.

(am) Notwithstanding s. 227.10 (1), the periods established by the department under par. (a) need not be promulgated as rules under ch. 227.

(b) The department shall approve or disapprove an application for any of the following within 30 days from the date on which the department receives the application:

1. A solid waste disposal facility operator certification under s. 289.42 (1).

2. A hazardous waste transportation license under s. 291.23.

3. A medical waste transportation license under s. 299.51 (3) (c).

(c) The department shall approve or disapprove an application for an oil or gas exploration license under s. 295.33 (1) within 60 days from the date on which the department receives the application.

(2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the approval.

(b) Subject to sub. (4), if the department fails to provide the applicant for an approval with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2).

(c) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (2).

(3) Notice of deadline. Upon receiving an application for an approval, the department shall inform the applicant of the period established under sub. (2) for the license or other approval.

(4) Permitted extension of deadline. The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

(a) Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

(b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

(c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

(d) The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

167,129 Section 129. 299.17 of the statutes is created to read:

299.17 Web site information. To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.

167,130 Section 130. Initial applicability.

(1) The treatment of sections 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), (eg), (er), and (f), (4) (a), and (5) (a) (intro.) and (b) (intro.), 4., and 5., and 30.28 (2v) of the statutes, the renumbering and amendment of section 30.208 (2) of the statutes, and the creation of section 30.208 (2) (d) of the statutes first apply to applications for individual permits or contracts that are submitted on the effective date of this subsection.

(2) The treatment of section 30.209 (2) (e) of the statutes first applies to administrative hearings that are commenced on the effective date of this subsection.

167,131 Section 131. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

(1) The treatment of section 30.12 (1k) (b) (intro.) 1., 2., and 3., (c), (cm) (intro.), 1., and 2., (d), and (e) 2. of the statutes takes effect on day after publication.