SB61,26,5
1(f) The department and the department of commerce shall jointly provide
2information about participation contracts and environmental management systems
3to potential participants in the program and to other interested persons. The
4department shall consult with the department of commerce about the
5administration of the program.
SB61,26,136 (g) The department shall collect, process, evaluate, and disseminate data and
7information about environmentally beneficial and innovative practices submitted by
8participants in the program. The department may conduct or direct studies,
9experiments, or research related to the program in cooperation with participants and
10other interested persons. The department may enter into agreements with the
11Robert M. La Follette institute of public affairs at the University of
12Wisconsin-Madison to assist in the promotion, administration, or evaluation of the
13program.
SB61,26,1714 (h) The department shall submit a progress report on the program to the
15legislature, in the manner provided in s. 13.172 (2), no later than the first day of the
1636th month beginning after the effective date of this paragraph .... [revisor inserts
17date], and every 2 years after it submits the first report.
SB61,26,1918 (i) The department shall implement a process to obtain advice from a balanced
19public group about all of the following:
SB61,26,2120 1. The implementation and operation of the program, including the setting of
21goals and priorities for the program.
SB61,26,2422 2. Evaluating the costs of applying for the program and of entering into a
23participation contract or a charter and the administrative costs of participating in
24the program.
SB61,27,3
13. Assessing whether incentives provided under a participation contract are
2proportional to the environmental benefits committed to under a participation
3contract.
SB61,27,44 4. Procedures for evaluating the program and the results of the program.
SB61,27,55 5. Changes that should be made in the program.
SB61,27,8 6(10) Penalty. Any person who intentionally makes a false statement in
7material submitted under this section shall be fined not less than $10 nor more than
8$10,000 or imprisoned for not more than 6 months or both.
SB61,27,10 9(11) Sunset. The department may not process or approve any application for
10participation in the program that it receives after July 1, 2009.
SB61, s. 2 11Section 2. 299.85 of the statutes is created to read:
SB61,27,13 12299.85 Environmental Improvement Program. (1) Definitions. In this
13section:
SB61,27,1714 (a) "Environmental compliance audit" means a systematic, documented, and
15objective review, conducted by or on behalf of the owner or operator of a facility, of
16the environmental performance of the facility, including an evaluation of compliance
17with one or more environmental requirements.
SB61,27,1918 (am) "Environmental performance" means the effects of a facility on air, water,
19land, natural resources, and human health.
SB61,27,2020 (c) "Environmental requirement" means a requirement in any of the following:
SB61,27,2321 1. Chapters 29 to 31, 160 or 280 to 299, a rule promulgated under one of those
22chapters, or a permit, license, other approval, or order issued by the department
23under one of those chapters.
SB61,28,3
12. An ordinance or other legally binding requirement of a local governmental
2unit enacted under authority granted by a state law relating to environmental
3protection.
SB61,28,54 (d) "Facility" means all buildings, equipment, and structures located on a
5single parcel or on adjacent parcels that are owned or operated by the same person.
SB61,28,76 (e) "Local governmental unit" means a city, village, town, county, town sanitary
7district, or metropolitan sewerage district.
SB61,28,98 (f) "Regulated entity" means a public or private entity that is subject to
9environmental requirements.
SB61,28,1010 (g) "Violation" means a violation of an environmental requirement.
SB61,28,13 11(2) Requirements for participation. A regulated entity qualifies for
12participation in the Environmental Improvement Program with respect to a facility
13owned or operated by the regulated entity if all of the following apply:
SB61,28,1514 (a) The regulated entity conducts an environmental compliance audit of the
15facility.
SB61,28,2016 (b) The regulated entity notifies the department in writing, no fewer than 30
17days before beginning the environmental compliance audit, of the date on which the
18environmental compliance audit will begin, the site or facility or the operations or
19practices at a site or facility to be reviewed, and the general scope of the
20environmental compliance audit.
SB61,28,2121 (c) The environmental compliance audit complies with sub. (4).
SB61,28,2222 (e) The regulated entity submits a report as required under sub. (3).
SB61,29,223 (f) At the time of submitting a report under sub. (3), the department of justice
24has not, within 2 years, filed a suit to enforce an environmental requirement, and the
25department or a local governmental unit has not, within 2 years, issued a citation

1to enforce an environmental requirement, because of a violation involving the
2facility.
SB61,29,9 3(3) Audit report. To participate in the Environmental Improvement Program
4with respect to a facility, the regulated entity that owns or operates the facility shall
5submit a report to the department within 45 days after the date of the final written
6report of findings of the environmental compliance audit of the facility. The
7regulated entity shall complete the environmental compliance audit, including the
8final written report of findings, within 365 days after providing the notice under sub.
9(2) (b). The report submitted to the department shall include all of the following:
SB61,29,1410 (a) A description of the environmental compliance audit, including who
11conducted the environmental compliance audit, when it was completed, what
12activities and operations were examined, what was revealed by the environmental
13compliance audit, and any other information needed by the department to make the
14report under sub. (9m).
SB61,29,1615 (b) A description of all violations revealed by the environmental compliance
16audit and of the length of time that the violations may have continued.
SB61,29,1817 (c) A description of actions taken or proposed to be taken to correct the
18violations.
SB61,29,2019 (d) A commitment to correct the violations within 90 days of submitting the
20report or according to a compliance schedule approved by the department.
SB61,30,221 (e) If the regulated entity proposes to take more than 90 days to correct the
22violations, a proposed compliance schedule that contains the shortest reasonable
23periods for correcting the violations, a statement that justifies the proposed
24compliance schedule, and a description of measures that the regulated entity will

1take to minimize the effects of the violations during the period of the compliance
2schedule.
SB61,30,53 (em) If the regulated entity proposes to take more than 90 days to correct the
4violations, the proposed stipulated penalties to be imposed if the regulated entity
5fails to comply with the compliance schedule under par. (e).
SB61,30,86 (f) A description of the measures that the regulated entity has taken or will take
7to prevent future violations and a timetable for taking the measures that it has not
8yet taken.
SB61,30,13 9(3m) Public notice; comment period. (a) The department shall provide at least
1030 days for public comment on a compliance schedule and stipulated penalties
11proposed in a report under sub. (3). The department may not approve or issue a
12compliance schedule under sub. (6) or approve stipulated penalties under sub. (6m)
13until after the end of the comment period.
SB61,30,1614 (b) Before the start of the public comment period under par. (a), the department
15shall provide public notice of the proposed compliance schedule and stipulated
16penalties that does all of the following:
SB61,30,2217 1. Identifies the regulated entity that submitted the report under sub. (3) and
18the facility at which the violation occurred, describes the environmental
19requirement that was violated, and indicates whether the violation related to
20reporting or another administrative requirement and whether the violation related
21to air, water, solid waste, hazardous waste, or another, specified, aspect of
22environmental regulation.
SB61,30,2423 2. Describes the proposed compliance schedule and the proposed stipulated
24penalties.
SB61,31,3
13. Identifies an employee of the department and an employee of the regulated
2entity who may be contacted for additional information about the proposed
3compliance schedule and the proposed stipulated penalties.
SB61,31,64 4. States that comments concerning the proposed compliance schedule and the
5proposed stipulated penalties may be submitted to the department during the
6comment period and states the last date of the comment period.
SB61,31,13 7(4) Environmental compliance audit. A regulated entity does not qualify for
8participation in the Environmental Improvement Program unless the final written
9report of findings of the environmental compliance audit is labeled "environmental
10compliance audit report," is dated, and, if the environmental compliance audit
11identifies violations, includes a plan for corrective action. A regulated entity may use
12a form developed by the regulated entity, by a consultant, or by the department for
13the final written report of findings of the environmental compliance audit.
SB61,31,23 14(6) Compliance schedules. (a) If the department receives a report under sub.
15(3) that contains a proposed compliance schedule under sub. (3) (e), the department
16shall review the proposed compliance schedule. The department may approve the
17compliance schedule as submitted or propose a different compliance schedule. If the
18regulated entity does not agree to implement a compliance schedule proposed by the
19department, the department shall schedule a meeting with the regulated entity to
20attempt to reach an agreement on a compliance schedule. If the department and the
21regulated entity do not reach an agreement on a compliance schedule, the
22department may issue a compliance schedule. A compliance schedule under this
23subsection is subject to review under ch. 227.
SB61,32,224 (b) The department may not approve or issue a compliance schedule that
25extends longer than 12 months beyond the date of approval of the compliance

1schedule. The department shall consider the following factors in determining
2whether to approve a compliance schedule:
SB61,32,33 1. The environmental and public health consequences of the violations.
SB61,32,64 2. The time needed to implement a change in raw materials or method of
5production if that change is an available alternative to other methods of correcting
6the violations.
SB61,32,87 3. The time needed to purchase any equipment or supplies that are needed to
8correct the violations.
SB61,32,16 9(6m) Stipulated penalties. (a) If the department receives a report under sub.
10(3) that contains proposed stipulated penalties under sub. (3) (em), the department
11shall review the proposed stipulated penalties. The department may approve the
12stipulated penalties as submitted or propose different stipulated penalties. If the
13regulated entity does not agree to stipulated penalties proposed by the department,
14the department shall schedule a meeting with the regulated entity to attempt to
15reach an agreement on stipulated penalties. If no agreement is reached, there are
16no stipulated penalties for failure to comply with the compliance schedule.
SB61,32,1917 (b) Stipulated penalties approved under par. (a) shall specify a period, not
18longer than 6 months beyond the end of the compliance schedule, during which the
19stipulated penalties will apply.
SB61,32,24 20(7) Deferred civil enforcement. (a) 1. For at least 90 days after the
21department receives a report that meets the requirements in sub. (3), this state may
22not begin a civil action to collect forfeitures for violations that are disclosed in the
23report by a regulated entity that qualifies under sub. (2) for participation in the
24Environmental Improvement Program.
SB61,33,5
12. If a regulated entity that qualifies under sub. (2) for participation in the
2Environmental Improvement Program corrects violations that it discloses in a report
3that meets the requirements of sub. (3) within 90 days after the department receives
4the report that meets the requirements of sub. (3), this state may not bring a civil
5action to collect forfeitures for the violations.
SB61,33,156 3. This state may not begin a civil action to collect forfeitures for violations
7covered by a compliance schedule that is approved under sub. (6) during the period
8of the compliance schedule if the regulated entity is in compliance with the
9compliance schedule. If the regulated entity fails to comply with the compliance
10schedule, the department may collect any stipulated penalties during the period in
11which the stipulated penalties apply. This state may begin a civil action to collect
12forfeitures for violations that are not corrected by the end of the period in which the
13stipulated penalties apply. If the regulated entity fails to comply with the compliance
14schedule and there are no stipulated penalties, this state may begin a civil action to
15collect forfeitures for the violations.
SB61,33,1816 4. If the department approves a compliance schedule under sub. (6) and the
17regulated entity corrects the violations according to the compliance schedule, this
18state may not bring a civil action to collect forfeitures for the violations.
SB61,33,2019 (b) Notwithstanding par. (a), this state may at any time begin a civil action to
20collect a forfeiture for a violation if any of the following apply:
SB61,33,2221 1. The violation presents an imminent threat to public health or the
22environment or may cause serious harm to public health or the environment.
SB61,33,2423 2. The department discovers the violation before submission of a report under
24sub. (3).
SB61,34,2
13. The violation results in a substantial economic benefit that gives the
2regulated entity a clear advantage over its business competitors.
SB61,34,53 4. The violation is identified through monitoring or sampling required by
4permit, statute, rule, regulation, judicial or administrative order, or consent
5agreement.
SB61,34,96 5. The violation is a violation of the same environmental requirement at the
7same facility and committed in the same manner as a violation previously reported
8by the regulated entity under sub. (3), unless the violation is caused by a change in
9business processes or activities.
SB61,34,19 10(8) Consideration of actions by regulated entity. If the department receives
11a report that complies with sub. (3) from a regulated entity that qualifies under sub.
12(2) for participation in the Environmental Improvement Program, and the report
13discloses a potential criminal violation, the department and the department of
14justice shall take into account the diligent actions of, and reasonable care taken by,
15the regulated entity to comply with environmental requirements in deciding
16whether to pursue a criminal enforcement action and what penalty should be sought.
17In determining whether a regulated entity acted with due diligence and reasonable
18care, the department and the department of justice shall consider whether the
19regulated entity has demonstrated any of the following:
SB61,34,2120 (a) That the regulated entity took corrective action that was timely when the
21violation was discovered.
SB61,34,2322 (b) That the regulated entity exercised reasonable care in attempting to
23prevent the violation and to ensure compliance with environmental requirements.
SB61,35,3
1(c) That the regulated entity had a documented history of good faith efforts to
2comply with environmental requirements before beginning to conduct
3environmental compliance audits.
SB61,35,64 (d) That the regulated entity has promptly made appropriate efforts to achieve
5compliance with environmental requirements since beginning to conduct
6environmental compliance audits and those efforts were taken with due diligence.
SB61,35,87 (e) That the regulated entity exercised reasonable care in identifying violations
8in a timely manner.
SB61,35,119 (f) That the regulated entity willingly cooperated in any investigation that was
10conducted by this state or a local governmental unit to determine the extent and
11cause of the violation.
SB61,35,14 12(9) Access to records. (a) Except as provided in par. (c), the department shall
13make any record, report, or other information obtained in the administration of this
14section available to the public.
SB61,35,2015 (c) The department shall keep confidential any part of a record, report, or other
16information obtained in the administration of this section, other than emission data
17or discharge data, upon receiving an application for confidential status by any person
18containing a showing satisfactory to the department that the part of a record, report,
19or other information would, if made public, divulge a method or process that is
20entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
SB61,36,221 (d) If the department refuses to release information on the grounds that it is
22confidential under par. (c) and a person challenges that refusal, the department shall
23inform the affected regulated entity of that challenge. Unless the regulated entity
24authorizes the department to release the information, the regulated entity shall pay

1the reasonable costs incurred by this state to defend the refusal to release the
2information.
SB61,36,83 (e) Paragraph (c) does not prevent the disclosure of any information to a
4representative of the department for the purpose of administering this section or to
5an officer, employee, or authorized representative of the federal government for the
6purpose of administering federal law. When the department provides information
7that is confidential under par. (c) to the federal government, the department shall
8also provide a copy of the application for confidential status.
SB61,36,14 9(9m) Annual report. The department shall submit an annual report under s.
1013.172 (3) concerning the Environmental Improvement Program to the standing
11committees of the legislature with jurisdiction over environmental matters. The
12department shall submit the first annual report no later than the first day of the 24th
13month beginning after the effective date of this subsection .... [revisor inserts date].
14The department shall include all of the following in the annual report:
SB61,36,1715 (a) The number of reports received under sub. (3), including the number of
16reports by county of the facility involved and by whether the regulated entity is
17governmental or nongovernmental.
SB61,36,2118 (b) The number of violations reported by type, including the number of
19violations related to air, water, solid waste, hazardous waste, and to other specified
20aspects of environmental regulation and the number of violations involving each of
21the following:
SB61,36,2222 1. Failure to have a required permit or other approval.
SB61,36,2323 2. Failure to have a required plan.
SB61,36,2424 3. Violation of a condition of a permit or other approval.
SB61,36,2525 4. Release of a substance to the environment.
SB61,37,1
15. Failure to report.
SB61,37,32 (c) The average time to correct the reported violations and the number of
3violations not yet corrected, by category under par. (b).
SB61,37,64 (d) The number of regulated entities requiring longer than 90 days to take
5corrective action and a description of the stipulated penalties associated with the
6compliance schedules for those corrective actions.
SB61,37,87 (e) Any recommendations for changes in the program based on discussions with
8interested persons, including legislators and members of the public.
SB61,37,11 9(10) Penalty. Any person who intentionally makes a false statement in a report
10submitted under sub. (3) shall be fined not less than $10 nor more than $10,000 or
11imprisoned for not more than 6 months or both.
SB61,37,13 12(11) Sunset. Subsections (7) and (8) do not apply to a regulated entity that
13submits a report under sub. (3) after July 1, 2009.
SB61,37,1414 (End)
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