AB601: Bill Text

AB601,12,16 101.12 (4) (a) In this subsection:

AB601,12,17 1. "Local governmental unit" means a city, village, town, or county.

AB601,12,18 2. "Plans" means essential drawings, calculations, and specifications.

AB601,12,20 3. "Recipient" means a person who has received approval of plans in accordance with sub. (1) or a variance in accordance with sub. (3) (bm) or (br).

AB601,12,23 (b) The department or a local governmental unit may not modify or revoke an approval of plans or a variance it granted under this section unless one of the following applies:

AB601,12,25 1. The recipient consents to the modification or revocation of the plans or the variance.

AB601,13,2 2. The recipient provided inaccurate information related to the plans or variance.

AB601,13,4 3. The recipient violates a requirement or condition imposed on the plans or on the variance.

AB601,13,7 4. The department or the local governmental unit compensates the recipient for the costs incurred in reliance on the plans or variance, if the department or the local governmental unit approved the plans or variance in error.

AB601,13,12 (c) If the department or local governmental unit approved plans or a variance under this section in error, the department or local governmental unit may validate the plans or variance by granting a waiver of any condition or requirement in the plans or variance that was violated by the activity for which the plans or variance were approved, instead of providing compensation under par. (b) 4.

AB601, s. 20 Section 20. 101.1205 (6m) of the statutes is created to read:

AB601,13,14 101.1205 (6m) (a) In this subsection:

AB601,13,15 1. "Local governmental unit" means a city, village, town, or county.

AB601,13,17 2. "Recipient" means a person who has received approval of plans submitted under sub. (2)

AB601,13,19 (b) The department or a local governmental unit may not modify or revoke an approval of plans it granted under this section unless one of the following applies:

AB601,13,20 1. The recipient consents to the modification or revocation of the plans.

AB601,13,21 2. The recipient provided inaccurate information related to the plans.

AB601,13,22 3. The recipient violates a requirement or condition imposed on the plans.

AB601,13,25 4. The department or the local governmental unit compensates the recipient for the costs incurred in reliance on the plans, if the department or the local governmental unit approved the plans in error.

AB601,14,5 (c) If the department or local governmental unit approved plans under this section in error, the department or local governmental unit may validate the plans by granting a waiver of any condition or requirement in the plans that was violated by the activity for which the plans were approved, instead of providing compensation under par. (b) 4.

AB601, s. 21 Section 21. 281.38 of the statutes is created to read:

AB601,14,10 281.38 Revoking or modifying water quality certifications. (1) In this section, "water quality certification" means a water quality certification required under s. 281.36 or under rules promulgated under subch. II of this chapter to implement 33 USC 1341 (a).

AB601,14,12 (2) (a) Except as provided in par. (c), the department may not revoke or modify a water quality certification unless one of the following applies:

AB601,14,14 1. The recipient consents to the revocation or modification of the water quality certification.

AB601,14,16 2. The recipient provided inaccurate information related to the water quality certification.

AB601,14,17 3. The recipient violates a condition in the water quality certification.

AB601,14,20 4. If the department issued the water quality certification in error, the department compensates the recipient for the costs incurred in reliance on the water quality certification.

AB601,14,25 (b) If the department issued a water quality certification in error, the department may validate the water quality certification by granting a waiver of any requirement that would be violated by the activity for which the water quality certification was issued instead of providing compensation under par. (a) 4., unless a waiver would violate 33 USC 1341.

AB601,15,2 (c) The department may revoke or modify a general water quality certification issued under s. 281.36 (8) as provided in s. 281.36 (8) (bn) 2. or (c).

AB601, s. 22 Section 22. 283.53 (2) (a) (intro.) of the statutes is amended to read:

AB601,15,7 283.53 (2) (a) (intro.) Any Subject to sub. (2r), any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified, suspended or revoked, in whole or in part, for cause, including but not limited to:

AB601, s. 23 Section 23. 283.53 (2r) of the statutes is created to read:

AB601,15,12 283.53 (2r) (a) The department may not revoke, suspend, or modify a permit issued under s. 283.33 for a construction site without the consent of the permittee for any cause other than a cause described in sub. (2) (a) 1. or 2., unless the department compensates the recipient for the costs incurred in reliance on the permit.

AB601,15,17 (b) If the department issued a permit under s. 283.33 for a construction site in error, the department may validate the permit by granting a waiver of any requirement that would be violated by the activity for which the permit was granted instead of providing compensation under par. (a), unless a waiver would violate the Federal Water Pollution Control Act, 33 USC 1251 to 1387.

AB601,15,18 (End)