Wisconsin Legislature: 27,3789

c. Obtaining a cooperative agreement by misrepresentation or failure to fully disclose all relevant information.

2. The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds any of the following:

a. That the participant is in substantial noncompliance with the cooperative agreement, with an approval that is not replaced by the cooperative agreement or with a provision of chs. 280 to 295 or rules promulgated under those chapters for which the cooperative agreement does not grant a variance.

b. That the participant has refused the department's request to amend the cooperative agreement.

c. That the participant is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement.

d. That the participant has not satisfactorily addressed a substantive issue raised by a majority of the members of the interested persons group, established under sub. (5) (b), within a reasonable time after receiving notice of the issue.

3. If the department revokes a cooperative agreement, it shall do all of the following in a written revocation decision:

a. Delay any compliance deadlines established in the cooperative agreement if a delay is necessary to provide the participant with a reasonable amount of time to obtain approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.

b. Establish practical interim requirements, that do not allow pollution in excess of that allowed under chs. 280 to 295 at the time that the cooperative agreement was entered into, to replace specified requirements of the cooperative agreement until the department issues the approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.

4. A participant shall comply with the department's revocation decision and with all requirements of the cooperative agreement for which the department does not establish interim requirements until the department issues the approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.

(d) A final decision under par. (b) or (c) is subject to review under ch. 227.

(8) Public notice; meetings. (a) The department shall provide at least 30 days for public comment on the proposed issuance, amendment or revocation of a cooperative agreement.

(b) Before the start of the public comment period under par. (a), the department shall prepare a draft of the cooperative agreement, cooperative agreement amendment or notice of cooperative agreement revocation and a fact sheet that does all of the following:

1. Briefly describes the principal facts and the significant factual, legal, methodological and policy questions considered by the department.

2. Briefly describes how the proposed action is consistent with subs. (2) and (3).

3. Identifies any variances that would be granted under sub. (4) by the proposed action.

1. Briefly describes the facility that is the subject of the proposed action.

2. Identifies the proposed action and states whether any variances would be granted under sub. (4) by the proposed action.

3. Identifies an employe of the department and an employe of the applicant or participant who may be contacted for additional information about the proposed action.

4. States that the draft of the proposed action and the fact sheet under par. (b) are available upon request.

5. States that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.

6. Describes the procedures that the department will use to make a final decision on the proposed action, describes how persons may request public informational meetings, contested case hearings or public hearings and how persons may make requests to appear at those meetings and hearings.

(d) Before the start of the public comment period, the department shall mail the public notice under par. (c) to the applicant or participant, the federal environmental protection agency, the members of the interested persons group established under sub. (5) (b) and all persons who have asked to receive notice of proposed actions under par. (a). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office, at any other department office in the area of the facility subject to the proposed action and at public libraries in that area. The department shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers and by any other methods that the department determines are effective.

(e) The department shall hold a public informational meeting on a proposed action under par. (a) if the comments received during the public comment period demonstrate considerable public interest in the proposed action.

(9) Effect of cooperative agreement. (a) For the purposes of chs. 280 to 295, a cooperative agreement entered into under this section is considered to be an approval that is identified under sub. (3) (b) as being replaced by the cooperative agreement.

(b) A provision of an approval that is identified under sub. (3) (b) as being replaced by a cooperative agreement is superceded by the cooperative agreement.

(10) Fees. A participant shall pay the same fees under chs. 280 to 295 that it would be required to pay if it had not entered into a cooperative agreement.

(11) Reporting by participants. (a) Reports submitted under a cooperative agreement fulfill the reporting requirements under chs. 280 to 295 relating to the facility, activities and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.

(b) A participant shall notify the department before it increases the amount of the discharge or emission of a pollutant from a covered facility and before it begins to discharge or emit a pollutant that it did not discharge or emit from a covered facility when the cooperative agreement was entered into. The notification shall describe any proposed facility expansion, production increase or process modification that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement under sub. (7) in a manner consistent with subs. (2) and (3) or require the participant to obtain an approval if an approval is required under chs. 280 to 295.

(12) Reports of violations. A participant shall submit a report to the department within 45 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain all of the following:

(a) A description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and what was revealed by the performance evaluation.

(b) A description of all violations revealed by the performance evaluation.

(d) A commitment to correct the violations within 90 days of submitting the report or within a compliance schedule approved by the department.

(e) If the participant proposes to take more than 90 days to correct the violations, a proposed compliance schedule that contains the shortest reasonable periods for correcting the violations, a statement that justifies the proposed compliance schedule, a description of measures that the participant will take to minimize the effects of the violations during the period of the compliance schedule and proposed stipulated penalties if the participant violates the compliance schedule.

(f) A description of the measures that the participant has taken or will take to prevent future violations.

(13) Compliance schedules. (a) If the department receives a report under sub. (12) that contains a proposed compliance schedule under sub. (12) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the participant does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the participant to attempt to reach an agreement on a compliance schedule. If the department and the participant do not reach an agreement on a compliance schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke the cooperative agreement. If the parties agree to a compliance schedule, the department shall amend the cooperative agreement to incorporate the compliance schedule.

(b) The department may not approve a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:

1. The environmental and public health consequences of the violations.

2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.

3. The time needed to purchase any equipment or supplies that are needed to correct the violations.

(14) Deferred civil enforcement. (a) 1. This state may not commence a civil action to collect forfeitures for violations at a facility covered by a cooperative agreement that are disclosed in a report that meets the requirements of sub. (12) for at least 90 days after the department receives the report.

2. If the participant corrects violations that are disclosed in a report that meets the requirements of sub. (12) within 90 days after the department receives a report that meets the requirements of sub. (12), this state may not commence a civil action to collect forfeitures for the violations.

3. This state may not commence a civil action to collect forfeitures for violations covered by a compliance schedule that is approved under sub. (13) during the period of the compliance schedule if the participant is not violating the compliance schedule. If the participant violates the compliance schedule, the department may collect the stipulated penalties in the compliance schedule or may revoke the cooperative agreement. After the department revokes a cooperative agreement, this state may commence civil action to collect forfeitures for the violations.

4. If the department approves a compliance schedule under sub. (13) and the participant corrects the violations according to the compliance schedule, this state may not commence a civil action to collect forfeitures for the violations.

(b) Notwithstanding par. (a), this state may at any time commence a civil action to collect forfeitures for violations if any of the following apply:

1. The violations present an imminent threat to public health or the environment or may cause serious harm to public health or the environment.

2. The department discovers the violations before submission of a report under sub. (12).

(15) Access to records. (a) Except as provided in par. (b), the department shall make any record, report or other information obtained in the administration of this section available to the public.

(b) The department shall keep confidential any part of a record, report or other information obtained in the administration of this section, other than emission data, discharge data or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

(c) If the department refuses to release information on the grounds that it is confidential under par. (b) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this state to defend the refusal to release the information.

(d) Paragraph (b) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employe or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under par. (b) to the federal government, the department shall also provide a copy of the application for confidential status.

(16) Reports concerning the program under this section. (a) Beginning not later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], the secretary of natural resources shall submit an annual progress report on the program under this section to the governor, the environmental performance council and, under s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.

(b) Not later than the first day of the 48th month beginning after the effective date of this paragraph .... [revisor inserts date], the secretary of natural resources shall submit a report to the governor, the environmental performance council and, under s. 13.172 (2) the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.

27,3790 Section 3790 . 301.01 (4) of the statutes is amended to read:

301.01 (4) “State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.

27,3790d Section 3790d. 301.026 of the statutes is repealed.

27,3796 Section 3796 . 301.03 (10) (d) of the statutes is amended to read:

301.03 (10) (d) Administer the office of juvenile offender review program in the division of juvenile corrections in the department. The program office shall be responsible for decisions regarding case planning and , the release of juvenile offenders from juvenile correctional institutions to aftercare and corrective sanctions placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

27,3797 Section 3797 . 301.03 (10) (e) of the statutes is amended to read:

301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.

27,3798 Section 3798 . 301.03 (10) (f) of the statutes is amended to read:

301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.

27,3799 Section 3799 . 301.03 (13) of the statutes is created to read:

301.03 (13) Annually notify each person who has been discharged from probation or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.

27,3817 Section 3817 . 301.048 (7) of the statutes is amended to read:

301.048 (7) Reimbursement. The department shall provide reimbursement to counties and others for the actual costs incurred under sub. (3), as authorized by the department, from the appropriations under s. 20.410 (1) (ab) and (ai) (b).

27,3820m Section 3820m. 301.07 of the statutes is amended to read:

301.07 (title) Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections and may enter into contracts with the federal government under 18 USC 5003.

27,3821 Section 3821 . 301.08 (1) (c) 1. of the statutes is repealed.

27,3822 Section 3822 . 301.08 (1) (c) 2. of the statutes is amended to read:

301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The

3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize any such a vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract.

4. If the department collects any moneys from a vendor under the a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge).

5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the a vendor who contracts with the department under subd. 2. and shall promulgate rules defining “administrative supervision" and “minimum supervision".

27,3823 Section 3823 . 301.08 (1) (c) 3m. of the statutes is created to read:

301.08 (1) (c) 3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer or parolee who is supervised under the contract if the probationer or parolee demonstrates that he or she is unable to pay the fee because of any of the following:

a. The probationer or parolee is undergoing treatment approved by the department and is unable to work.

b. The probationer or parolee has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.

27,3824m Section 3824m. 301.08 (3) of the statutes is created to read:

301.08 (3) Notification concerning plans for transitional housing. (a) In this subsection, “political subdivision" means a city, village, town or county.

(b) Before contracting under this section for transitional housing for the temporary placement of persons on parole or probation, the department shall notify all of the following of the proposed contract:

1. The police department of the political subdivision in which the transitional housing will be located.

2. The sheriff for the county in which the transitional housing will be located.

3. The chief elected official of the political subdivision in which the transitional housing will be located.

4. The newspaper designated as the official newspaper of the political subdivision in which the transitional housing will be located, or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under s. 985.03 as an official newspaper.

(c) A person notified under par. (b) of a proposed contract for transitional housing shall notify the general public of the proposed contract in a manner and to the extent that the person determines is appropriate.