SB61,5,2 2299.83 Environmental Results Program. (1) Definitions. In this section:
SB61,5,43 (a) "Covered facility or activity" means a facility or activity that is included, or
4intended to be included, in the program.
SB61,5,85 (b) "Environmental management system" means an organized set of
6procedures to evaluate environmental performance and to achieve measurable or
7noticeable improvements in that environmental performance through planning and
8changes in operations.
SB61,6,29 (bm) "Environmental management system audit" means a review, of an
10environmental management system, that is conducted in accordance with standards
11and guidelines issued by the International Organization for Standardization and the

1results of which are documented and are communicated to employees of the entity
2whose environmental management system is reviewed.
SB61,6,53 (c) "Environmental performance," unless otherwise qualified, means the
4effects, whether regulated under chs. 29 to 31, 160, and 280 to 299 or unregulated,
5of a facility or activity on air, water, land, natural resources, and human health.
SB61,6,86 (d) "Environmental requirement" means a requirement in chs. 29 to 31, 160,
7or 280 to 299, a rule promulgated under one of those chapters, or a permit, license,
8other approval, or order issued by the department under one of those chapters.
SB61,6,129 (dg) "Functionally equivalent environmental management system" means an
10environmental management system that includes all of the following elements and
11any other elements that the department determines are essential elements of
12International Organization for Standardization standard 14001:
SB61,6,1513 1. Adoption of an environmental policy that includes a commitment to
14compliance with environmental requirements, pollution prevention, and continual
15improvement in environmental performance.
SB61,6,1716 2. An analysis of the environmental aspects and impacts of an entity's
17activities.
SB61,6,1918 3. Plans and procedures to achieve compliance with environmental
19requirements and to maintain that compliance.
SB61,6,2020 4. Identification of all environmental requirements applicable to the entity.
SB61,6,2221 5. A process for setting environmental objectives and developing appropriate
22action plans to meet the objectives.
SB61,6,2423 6. Establishment of a structure for operational control and responsibility for
24environmental performance.
SB61,7,2
17. An employee training program to develop awareness of and competence to
2manage environmental issues.
SB61,7,43 8. A plan for taking actions to prevent environmental problems and for taking
4emergency response and corrective actions when environmental problems occur.
SB61,7,75 9. A communication plan for collaboration with employees, the public, and the
6department on the design of projects and activities to achieve continuous
7improvement in environmental performance.
SB61,7,98 10. Procedures for control of documents and for keeping records related to
9environmental performance.
SB61,7,1010 11. Environmental management system audits.
SB61,7,1211 12. A plan for continually improving environmental performance and provision
12for senior management review of the plan.
SB61,7,1613 (dr) "Outside environmental auditor" means an auditor who is functionally or
14administratively independent of the facility or activity being audited, but who may
15be employed by the entity that owns the facility being audited or that owns the unit
16that conducts the activity being audited.
SB61,7,2117 (e) "Participation contract" means a contract entered into by the department
18and a participant in tier II of the program, and that may, with the approval of the
19department, be signed by other interested parties, that specifies the participant's
20commitment to superior environmental performance and the incentives to be
21provided to the participant.
SB61,7,2222 (f) "Program" means the Environmental Results Program under this section.
SB61,8,223 (g) "Superior environmental performance" means environmental performance
24that results in measurable or discernible improvement in the quality of the air,
25water, land, or natural resources, or in the protection of the environment, beyond

1that which is achieved under environmental requirements and that may be achieved
2in ways that include all of the following:
SB61,8,73 1. Limiting the discharges or emissions of pollutants from, or in some other way
4minimizing the negative effects on air, water, land, natural resources, or human
5health of, a facility that is owned or operated by an entity or an activity that is
6performed by the entity to an extent that is greater than is required by applicable
7environmental requirements.
SB61,8,118 2. Minimizing the negative effects on air, water, land, natural resources, or
9human health of the raw materials used by an entity or of the products or services
10produced or provided by the entity to an extent that is greater than is required by
11applicable environmental requirements.
SB61,8,1212 3. Voluntarily engaging in restoring or preserving natural resources.
SB61,8,1413 4. Helping other entities to comply with environmental requirements or to
14accomplish the results described in subd. 1. or 2.
SB61,8,1615 5. Organizing uncoordinated entities that produce environmental harm into a
16program that reduces that harm.
SB61,8,1817 6. Reducing waste or the use or production of hazardous substances in the
18design, production, delivery, use, or reuse of goods or services.
SB61,8,1919 7. Conserving energy or nonrenewable natural resources.
SB61,8,2120 8. Reducing the use of renewable natural resources through increased
21efficiency.
SB61,8,2322 9. Adopting methods that reduce the depletion of, or long-term damage to,
23renewable natural resources.
SB61,8,2424 (h) "Violation" means a violation of an environmental requirement.
SB61,9,2
1(1m) Administration of program. In administering the program, the
2department shall attempt to do all of the following:
SB61,9,43 (a) Promote, reward, and sustain superior environmental performance by
4participants.
SB61,9,75 (b) Promote environmental performance that voluntarily exceeds legal
6requirements related to health, safety, and the environment and that results in
7continuous improvement in this state's environment, economy, and quality of life.
SB61,9,98 (c) Provide clear incentives for participation that will result in real benefits to
9participants.
SB61,9,1310 (d) Promote attention to unregulated environmental problems and provide
11opportunities for conservation of resources and environmental restoration by
12entities that are subject to environmental requirements and entities that are not
13subject to environmental requirements.
SB61,9,1514 (e) Make the program compatible with federal programs that create incentives
15for achieving environmental performance that exceeds legal requirements.
SB61,9,1816 (f) Increase levels of trust, communication, and accountability among
17regulatory agencies, entities that are subject to environmental requirements, and
18the public.
SB61,9,2219 (g) Reduce the time and money spent by regulatory agencies and entities that
20are subject to environmental requirements on tasks that do not benefit the
21environment by focusing on more efficient performance of necessary tasks and
22eliminating unnecessary tasks.
SB61,9,2523 (h) Report information concerning environmental performance and data
24concerning ambient environmental quality to the public in a manner that is accurate,
25timely, credible, relevant, and useable to interested persons.
SB61,10,2
1(i) Provide for the measurement of environmental performance in terms of
2accomplishing goals and require the reporting of the results.
SB61,10,53 (j) Implement an evaluation system that provides flexibility and affords some
4protection for experimentation by participants that use innovative techniques to try
5to achieve superior environmental performance.
SB61,10,66 (k) Remove disincentives to achieving superior environmental performance.
SB61,10,87 (L) Provide for sustained business success as well as a reduction in
8environmental pollution.
SB61,10,109 (m) Promote the transfer of technological and practical innovations that
10improve environmental performance in an efficient, effective, or safe manner.
SB61,10,1211 (n) Lower the administrative costs associated with environmental
12requirements and with achieving superior environmental performance.
SB61,10,17 13(3) Eligibility for tier i. (a) General. An applicant is eligible for tier I of the
14program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
15consists of a group of entities, each requirement in pars. (b) to (d) applies to each
16entity in the group. An applicant for tier I of the program shall identify the facilities
17or activities that it intends to include in the program.
SB61,10,1918 (b) Enforcement record. To be eligible to participate in tier I of the program, an
19applicant shall demonstrate all of the following:
SB61,10,2520 1. That, within 60 months before the date of application, no judgment of
21conviction was entered against the applicant, any managing operator of the
22applicant, or any person with a 25% or more ownership interest in the applicant for
23a criminal violation involving a covered facility or activity that resulted in
24substantial harm to public health or the environment or that presented an imminent
25threat to public health or the environment.
SB61,11,5
12. That, within 36 months before the date of application, no civil judgment was
2entered against the applicant, any managing operator of the applicant, or any person
3with a 25% or more ownership interest in the applicant for a violation involving a
4covered facility or activity that resulted in substantial harm to public health or the
5environment.
SB61,11,106 3. That, within 24 months before the date of application, the department of
7justice has not filed a suit to enforce an environmental requirement, and the
8department of natural resources has not issued a citation to enforce an
9environmental requirement, because of a violation involving a covered facility or
10activity.
SB61,11,1211 (c) Environmental performance. To be eligible to participate in tier I of the
12program, an applicant shall submit an application that describes all of the following:
SB61,11,1413 1. The applicant's past environmental performance with respect to each
14covered facility or activity.
SB61,11,1615 2. The applicant's current environmental performance with respect to each
16covered facility or activity.
SB61,11,1917 3. The applicant's plans for activities that enhance the environment, such as
18improving the applicant's environmental performance with respect to each covered
19facility or activity.
SB61,11,2120 (d) Environmental management system. To be eligible to participate in tier I
21of the program, an applicant shall do all of the following:
SB61,11,2422 1. Demonstrate that it has implemented, or commit itself to implementing
23within one year of application, an environmental management system, for each
24covered facility or activity, that is all of the following:
SB61,12,3
1a. In compliance with the standards for environmental management systems
2issued by the International Organization for Standardization or determined by the
3department to be a functionally equivalent environmental management system.
SB61,12,64 b. Determined by the department to be appropriate to the nature, scale, and
5environmental impacts of the applicant's operations related to each covered facility
6or activity.
SB61,12,87 2. Include, in the environmental management system under subd. 1., objectives
8in at least 2 of the following areas:
SB61,12,119 a. Improving the environmental performance of the applicant, with respect to
10each covered facility or activity, in aspects of environmental performance that are
11regulated under chs. 29 to 31, 160, and 280 to 299.
SB61,12,1412 b. Improving the environmental performance of the applicant, with respect to
13each covered facility or activity, in aspects of environmental performance that are not
14regulated under chs. 29 to 31, 160, and 280 to 299.
SB61,12,1515 c. Voluntarily restoring, enhancing, or preserving natural resources.
SB61,12,1916 3. Explain to the department the rationale for the choices of objectives under
17subd. 2. and describe any consultations with residents of the areas in which each
18covered facility or activity is located or performed and with other interested persons
19concerning those objectives.
SB61,12,2420 4. Conduct, or commit itself to conducting, annual environmental management
21system audits, with every 3rd environmental management system audit performed
22by an outside environmental auditor approved by the department, and commit itself
23to submitting to the department an annual report on the environmental
24management system audit that is in compliance with sub. (6m) (a).
SB61,13,2
15. Commit itself to submitting to the department an annual report on progress
2toward meeting the objectives under subd. 2.
SB61,13,6 3(4) Process for tier i. (a) Upon receipt of an application for participation in
4tier I of the program, the department shall provide public notice about the
5application in the area in which each covered facility or activity is located or
6performed.
SB61,13,87 (b) After providing public notice under par. (a) about an application, the
8department may hold a public informational meeting on the application.
SB61,13,149 (c) The department shall approve or deny an application within 60 days after
10providing notice under par. (a) or, if the department holds a public informational
11meeting under par. (b), within 60 days after that meeting. The department may limit
12the number of participants in tier I of the program, or limit the extent of participation
13by a particular applicant, based on the department's determination that the
14limitation is in the best interest of the program.
SB61,13,1615 (d) Notwithstanding s. 227.42 (1), a decision by the department under par. (c)
16to approve or deny an application is not subject to review under ch. 227.
SB61,13,18 17(4m) Incentives for tier i. (a) The department shall issue a numbered
18certificate of recognition to each participant in tier I of the program.
SB61,13,2019 (b) The department shall identify each participant in tier I of the program on
20an Internet site maintained by the department.
SB61,13,2321 (c) The department shall annually provide notice of the participation of each
22participant in tier I of the program to newspapers in the area in which each covered
23facility or activity is located.
SB61,14,3
1(d) A participant in tier I of the program may use an Environmental Results
2Program logo selected by the department on written materials produced by the
3participant.
SB61,14,84 (e) The department shall assign an employee of the department, who is
5acceptable to the participant, to serve as the contact with the department for a
6participant in tier I of the program for communications concerning participation in
7the program, for any approvals that the participant is required to obtain, and for
8technical assistance.
SB61,14,159 (f) After a participant in tier I of the program implements an environmental
10management system that complies with sub. (3) (d) 1., the department shall conduct
11any inspections of the participant's covered facilities or activities that are required
12under chs. 29 to 31, 160, and 280 to 299 at the lowest frequency permitted under
13those chapters, except that the department may conduct an inspection whenever it
14has reason to believe that a participant is out of compliance with a requirement in
15an approval or with an environmental requirement.
SB61,14,20 16(5) Eligibility for tier ii. (a) General. An applicant is eligible for tier II of the
17program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
18consists of a group of entities, each requirement in pars. (b) to (d) applies to each
19entity in the group. An applicant for tier II of the program shall identify the facilities
20or activities that it intends to include in the program.
SB61,14,2221 (b) Enforcement record. To be eligible to participate in tier II of the program,
22an applicant shall demonstrate all of the following:
SB61,15,323 1. That, within 120 months before the date of application, no judgment of
24conviction was entered against the applicant, any managing operator of the
25applicant, or any person with a 25% or more ownership interest in the applicant for

1a criminal violation involving a covered facility or activity that resulted in
2substantial harm to public health or the environment or that presented an imminent
3threat to public health or the environment.
SB61,15,84 2. That, within 60 months before the date of application, no civil judgment was
5entered against the applicant, any managing operator of the applicant, or any person
6with a 25% or more ownership interest in the applicant for a violation involving a
7covered facility or activity that resulted in substantial harm to public health or the
8environment.
SB61,15,139 3. That, within 24 months before the date of application, the department of
10justice has not filed a suit to enforce an environmental requirement, and the
11department of natural resources has not issued a citation to enforce an
12environmental requirement, because of a violation involving a covered facility or
13activity.
SB61,15,1514 (c) Environmental management system. To be eligible to participate in tier II
15of the program, an applicant shall do all of the following:
SB61,15,1716 1. Demonstrate that it has implemented an environmental management
17system, for each covered facility or activity, that is all of the following:
SB61,15,2018 a. In compliance with the standards for environmental management systems
19issued by the International Organization for Standardization or determined by the
20department to be a functionally equivalent environmental management system.
SB61,15,2321 b. Determined by the department to be appropriate to the nature, scale, and
22environmental impacts of the applicant's operations related to to each covered
23facility or activity.
SB61,16,224 2. Commit itself to having an outside environmental auditor approved by the
25department conduct an annual environmental management system audit and to

1submitting to the department an annual report on the environmental management
2system audit that is in compliance with sub. (6m) (a).
SB61,16,63 3. Commit itself to annually conducting, or having another person conduct, an
4audit of compliance with environmental requirements that are applicable to the
5covered facilities and activities and to reporting the results of the audit to the
6department in compliance with sub. (6m) (a).
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