AB40: Bill Text

AB40, s. 2929 Section 2929. 281.75 (18) of the statutes is amended to read:

AB40,1086,19 281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce safety and professional services finds that the plumber falsified information submitted under this section.

AB40, s. 2930 Section 2930. 283.11 (3) (am) of the statutes is renumbered 283.11 (3) (am) 1. and amended to read:

AB40,1087,2 283.11 (3) (am) 1. Notwithstanding sub. (1) or (2), and except as provided in subd. 2., the department shall promulgate by rule effluent limitations representing the best available demonstrated control technology, processes, operating methods or other alternatives concerning the discharge of phosphorous if the U.S. environmental protection agency has not promulgated an effluent limitation, effluent standard or prohibition concerning this type of discharge.

AB40, s. 2931 Section 2931. 283.11 (3) (am) 2. of the statutes is created to read:

AB40,1087,5 283.11 (3) (am) 2. a. In this subdivision, "region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, or Ohio.

AB40,1087,9 b. The department may not promulgate or enforce any rule establishing an effluent limitation for the discharge of phosphorous if that effluent limitation is more stringent than the effluent limitation for the discharge of phosphorous that is established by any state in the region.

AB40, s. 2932 Section 2932. 283.15 (2) (a) of the statutes is renumbered 283.15 (2) (am) and amended to read:

AB40,1087,15 283.15 (2) (am) 1. When Within 60 days after the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.

AB40,1087,25 2. After an application for a variance is submitted to the department under subd. 1., and until the last day for seeking review of the secretary's final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 283.13 (5) and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 283.63. For those provisions for which an application for variance has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

AB40, s. 2933 Section 2933. 283.15 (2) (a) of the statutes is created to read:

AB40,1088,7 283.15 (2) (a) If a permit contains a variance or if a permittee anticipates that a reissued permit will include a water quality based effluent limitation under s. 283.13 (5), when the permittee applies for reissuance of the permit the permittee may apply to the department for renewal of the variance or for a variance from the water quality standard that would be used to derive the water quality based effluent limitation.

AB40, s. 2934 Section 2934. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and amended to read:

AB40,1088,13 283.15 (2) (b) The department shall specify by rule the information to be included in the an application. The permittee shall submit an application for a variance within 60 days after the department issues, reissues or modifies the permit under this subsection.

AB40, s. 2935 Section 2935. 283.15 (2) (b) 2. of the statutes is repealed.

AB40, s. 2936 Section 2936. 283.15 (2) (b) 3. of the statutes is repealed.

AB40, s. 2937 Section 2937. 283.15 (2) (c) of the statutes is amended to read:

AB40,1088,21 283.15 (2) (c) The department may request additional information from the permittee within 30 days after receiving either the an application under par. (b) 1. or the information under par. (b) 2. (am) 1. The permittee shall provide the additional information within 30 days after receipt of the department's request. An application is not complete until the additional information is provided to the department.

AB40, s. 2938 Section 2938. 283.15 (2) (e) of the statutes is repealed.

AB40, s. 2939 Section 2939. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and amended to read:

AB40,1089,9 283.15 (3) (b) The secretary shall issue a tentative decision on the an application for a variance under sub. (2) (am) 1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

AB40, s. 2940 Section 2940. 283.15 (3) (a) of the statutes is created to read:

AB40,1089,13 283.15 (3) (a) The secretary shall issue a tentative decision on an application for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the permit.

AB40, s. 2941 Section 2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:

AB40,1089,19 283.15 (4) (a) 1. (intro.) Within 90 days after expiration of the comment period under sub. (3), the The secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:

AB40, s. 2942 Section 2942. 283.15 (4) (a) 2. of the statutes is amended to read:

AB40,1089,23 283.15 (4) (a) 2. Within 90 days after the expiration of the comment period under sub. (3), the The secretary shall deny a requested variance if the permittee fails to make the demonstration required under subd. 1.

AB40, s. 2943 Section 2943. 283.15 (4) (a) 3. of the statutes is repealed.

AB40, s. 2944 Section 2944. 283.15 (4) (b) of the statutes is repealed.

AB40, s. 2945 Section 2945. 283.15 (4) (c) of the statutes is repealed.

AB40, s. 2946 Section 2946. 283.15 (5) (b) of the statutes is amended to read:

AB40,1090,12 283.15 (5) (b) A variance applies for the term established by the secretary, but not to exceed 3 5 years. The term of the initial variance and any renewals thereof may not exceed the time that the secretary determines is necessary to achieve the water quality based effluent limitation. Initial and interim effluent limitations established under par. (c) 1. apply, as appropriate, for the term of the underlying permit as issued, reissued or modified to implement the decision under sub. (4) (b) (a) 1. or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s. 227.51 (2) shall apply for the purposes of continuing the provisions of a permit pending the issuance or reissuance of a permit. Upon the issuance or reissuance of the new permit, sub. (2) (a) 2. and s. 283.63 (1) (am) apply.

AB40, s. 2947 Section 2947. 283.15 (5) (c) (intro.) of the statutes is amended to read:

AB40,1090,16 283.15 (5) (c) (intro.) The department shall require all of the following in a permit reissued or modified pursuant to sub. (4) (c) to implement a variance shall require:

AB40, s. 2948 Section 2948. 283.15 (5) (c) 1. of the statutes is amended to read:

AB40,1091,2 283.15 (5) (c) 1. Compliance with an initial effluent limitation which that at the time the variance is approved represents the level currently achievable by the permittee and that is no less stringent than the effluent limitation achieved under the permit before reissuance. At the time a variance is approved a compliance schedule and an interim effluent limitation that is achievable by the permittee during the term of the variance may be specified. The initial and the interim effluent limitations may not be less stringent than a categorical effluent limitation that applies to the permittee under s. 283.13 (2) or (4) or 283.19 or a toxic effluent standard that applies to the permittee under s. 283.21.

AB40, s. 2949 Section 2949. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read:

AB40,1091,10 283.15 (5) (c) 2. (intro.) Investigation of treatment technologies, process changes, pollution prevention, wastewater reuse or other techniques that may result in compliance by the permittee with the water quality standard adopted under s. 281.15, and submission of reports on the investigations at such times as required by the department. The secretary shall modify or waive the requirements specified in this subdivision if the secretary determines, based upon comments received on the tentative decision under sub. (3), that the requirements of this subdivision are:

AB40, s. 2950 Section 2950. 283.15 (6) of the statutes is amended to read:

AB40,1091,15 283.15 (6) Renewal. A variance may be renewed using the procedures in and subject to subs. (2) to (5). A variance may not be renewed if the permittee did not submit the reports required under sub. (5) (c) 2. or substantially comply with all other conditions of the variance.

AB40, s. 2951 Section 2951. 283.39 (3) (dm) of the statutes is created to read:

AB40,1091,22 283.39 (3) (dm) If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;

AB40, s. 2952 Section 2952. 285.39 (4) of the statutes is amended to read:

AB40,1092,9 285.39 (4) Report on new replenishment mechanisms. After expiration of the replenishment implementation period, if the department reports under sub. (2) (b) 1. or determines at any other time that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of commerce safety and professional services, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accuracy of this state's state implementation plan with respect to the effect of emissions from inside and outside the volatile organic compound accommodation area on the ambient air quality within the area.

AB40, s. 2953 Section 2953. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,1092,21 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin–Madison, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority.

AB40, s. 2954 Section 2954. 285.63 (10) (c) 4. of the statutes is repealed.

AB40, s. 2955 Section 2955. 285.79 (3) (intro.) of the statutes is amended to read:

AB40,1093,2 285.79 (3) Assistance program. (intro.) The department shall, in cooperation with the small business ombudsman clearinghouse under s. 560.03 (9), develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all of the following:

AB40, s. 2956 Section 2956. 287.01 (5) of the statutes is repealed.

AB40, s. 2957 Section 2957. 287.01 (8) of the statutes is repealed.

AB40, s. 2958 Section 2958. 287.01 (9) of the statutes is repealed.

AB40, s. 2959 Section 2959. 287.03 (1) (c) of the statutes is amended to read:

AB40,1093,9 287.03 (1) (c) Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin–Madison or University of Wisconsin System.

AB40, s. 2960 Section 2960. 287.03 (1) (f) of the statutes is repealed.

AB40, s. 2961 Section 2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and amended to read:

AB40,1093,16 287.07 (3) General disposal restrictions Waste tires. Beginning on January 1, 1995, no person may dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire without energy recovery in a solid waste treatment facility in this state any of the following: .

AB40, s. 2962 Section 2962. 287.07 (3) (a) to (k) of the statutes are repealed.

AB40, s. 2963 Section 2963. 287.07 (4) (intro.) of the statutes is amended to read:

AB40,1093,23 287.07 (4) General incineration disposal restrictions. Beginning on January 1, 1995, no person No individual may convert place in a container the contents of which will be disposed of in a solid waste disposal facility, converted into fuel, or burn with energy recovery burned at a solid waste treatment facility in this state any of the following:

AB40, s. 2964 Section 2964. 287.07 (7) (a) of the statutes is repealed.

AB40, s. 2965 Section 2965. 287.07 (7) (b) 2. of the statutes is amended to read:

AB40,1094,7 287.07 (7) (b) 2. A prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.

AB40, s. 2966 Section 2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:

AB40,1094,11 287.07 (7) (c) 1. cg. "Medical waste" means containers, packages and materials identified under sub. (3) or (4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

AB40, s. 2967 Section 2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:

AB40,1094,14 287.07 (7) (c) 2. (intro.) The prohibitions in subs. (3) and sub. (4) do not apply with respect to any of the following:

AB40, s. 2968 Section 2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:

AB40,1094,20 287.07 (7) (c) 2. b. The disposal of, in a solid waste disposal facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ch. 289, to render the infectious waste noninfectious.

AB40, s. 2969 Section 2969. 287.07 (7) (d) of the statutes is repealed.

AB40, s. 2970 Section 2970. 287.07 (7) (f) of the statutes is amended to read:

AB40,1095,2 287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB40, s. 2971 Section 2971. 287.07 (7) (g) of the statutes is repealed and recreated to read:

AB40,1095,5 287.07 (7) (g) A prohibition in sub. (4) does not apply to a material that has been contaminated and cannot feasibly be cleaned for recycling.

AB40, s. 2972 Section 2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:

AB40,1095,10 287.07 (7) (h) 1. (intro.) The department may grant issue a waiver or conditional waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:

AB40, s. 2973 Section 2973. 287.09 of the statutes is repealed.

AB40, s. 2974 Section 2974. 287.093 of the statutes is repealed.

AB40, s. 2975 Section 2975. 287.095 of the statutes is amended to read:

AB40,1095,17 287.095 Responsible unit Local official liability. (1) Definition. In this section, "responsible unit local official" means any officer, official, agent, or employee of a responsible unit municipality or county engaged in the planning, management, operation, or approval of a recycling program or recycling site or facility.

AB40,1095,21 (2) Exemption from liability. No responsible unit local official is liable for civil damages as a result of good faith actions taken by the responsible unit official within the scope of duties relating to the responsible unit's municipal or county recycling program or recycling site or facility.

AB40, s. 2976 Section 2976. 287.10 of the statutes is repealed.

AB40, s. 2977 Section 2977. 287.11 of the statutes is repealed.

AB40, s. 2978 Section 2978. 287.19 (1) (b) (intro.) of the statutes is amended to read:

AB40,1096,2 287.19 (1) (b) Recycling programs. (intro.) With respect to local recycling programs created under s. 287.09 (2) (a):

AB40, s. 2979 Section 2979. 287.21 (intro.) of the statutes is amended to read:

AB40,1096,12 287.21 Statewide education program. (intro.) The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 287.01 to 287.31, enhance municipal and county solid waste management programs under s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups: