AB100-engrossed,1840,3
1(g) Contain pollution limits that are verifiable, enforceable and at least as
2stringent as the pollution limits under chs. 280 to 295 and rules promulgated under
3those chapters.
AB100-engrossed,1840,54
(h) Describe the operational flexibility granted to the participant and any
5variances granted under sub. (4).
AB100-engrossed,1840,76
(i) Contain the requirements that would be included in any approvals that are
7replaced by the cooperative agreement, as modified under pars. (g) and (h).
AB100-engrossed,1840,108
(j) Require the participant to submit a baseline performance evaluation within
9180 days of the date that the cooperative agreement is entered into and to update the
10performance evaluation periodically.
AB100-engrossed,1840,1211
(k) Require the participant to report any violations discovered during a
12performance evaluation as required in sub. (12).
AB100-engrossed,1840,1813
(L) Ensure that members of the interested persons group, established as
14required under sub. (5) (b), have the opportunity to comment on the participant's
15environmental management system and are involved in reviewing the participant's
16performance under the cooperative agreement and require a process that seeks
17consensus between the participant and interested persons over issues concerning
18that performance.
AB100-engrossed,1840,2019
(m) Require the participant to assist interested persons to understand the
20implementation of the cooperative agreement.
AB100-engrossed,1841,221
(n) Require the participant to provide information to the public about the
22participant's environmental performance and the results of the project, including
23environmental, social and economic impacts, and to meet with interested persons at
24least once every 6 months to discuss the implementation of the participant's
1environmental management system and to receive comments on the progress of the
2project.
AB100-engrossed,1841,43
(o) Describe how the participant will measure the opinions of its employes and
4the public concerning its participation in the program under this section.
AB100-engrossed,1841,75
(p) Require the participant to assess the success of the project in reducing the
6time and money spent by the participant on paperwork and other administrative
7activities that do not directly benefit the environment.
AB100-engrossed,1841,98
(q) Specify that the term of the agreement is 5 years with the possibility of a
9renewal for up to 5 years as provided in sub. (6e).
AB100-engrossed,1841,14
10(4) Variances. (a) If chs. 280 to 295 or rules promulgated under those chapters
11authorize the department to grant a variance from a requirement that would
12otherwise apply to a facility covered by a cooperative agreement and the participant
13qualifies under the standards provided in the statutes or rules for granting the
14variance, the department may grant a variance from that requirement.
AB100-engrossed,1841,1915
(b) If a variance is not authorized under par. (a), the department may grant a
16participant a variance from a requirement in chs. 280 to 295 that would otherwise
17apply to a facility covered by a cooperative agreement if the variance results in a
18measurable reduction in overall levels of pollution caused by the participant and is
19consistent with subs. (2) and (3) (g) and does one of the following:
AB100-engrossed,1841,2120
1. Promotes the reduction in overall levels of pollution to below the levels
21required under chs. 280 to 295.
AB100-engrossed,1842,222
2. Provides for alternative monitoring, testing, record keeping, notification or
23reporting requirements that reduce the administrative burden on state agencies or
24the participant and that provide the information needed to ensure compliance with
25the cooperative agreement and the provisions of chs. 280 to 295 and rules
1promulgated under those chapters for which the cooperative agreement does not
2grant a variance.
AB100-engrossed,1842,6
3(5) Application. The department shall solicit applications for participation in
4the program under this section. The owner or operator of a facility that is required
5to be covered by at least one approval under chs. 280 to 295 may apply to participate
6in the pilot program by submitting all of the following:
AB100-engrossed,1842,77
(a) A proposed cooperative agreement that satisfies sub. (3).
AB100-engrossed,1842,128
(b) A description of the process used by the applicant to establish an interested
9persons group that includes residents of the area in which the facility proposed to be
10covered by the agreement is located, a list of members of the interested persons group
11and a description of the involvement of the interested persons group in the
12development of the proposed cooperative agreement.
AB100-engrossed,1842,22
13(6) Entering into cooperative agreements. (a) The department shall review
14each application submitted under sub. (5). Upon completion of that review, the
15department shall decide whether to enter into negotiations with the applicant. In
16determining whether to enter into negotiations and in selecting participants, the
17department shall seek to ensure participation by a variety of types, sizes and
18locations of facilities and shall consult with the federal environmental protection
19agency. A decision by the department not to enter into negotiations is not subject to
20review under ch. 227. If the department decides to enter into negotiations, it shall
21prepare a draft cooperative agreement and provide public notice of its decision in the
22manner provided in sub. (8) (d).
AB100-engrossed,1842,2523
(b) During negotiations concerning a proposed cooperative agreement, the
24department may not modify or revoke any approval for a facility that would be
25replaced by the cooperative agreement if the applicant is not violating the approval.
AB100-engrossed,1843,3
1(c) The department may terminate negotiations with an applicant concerning
2a proposed cooperative agreement and the decision to terminate negotiations is not
3subject to review under ch. 227.
AB100-engrossed,1843,104
(d) Except as provided in par. (e), the department may enter into a cooperative
5agreement with an applicant if the department determines that the applicant's
6efforts described under sub. (5) (b) were adequate, that the cooperative agreement
7complies with sub. (3) and that entering into the agreement will assist the
8department to comply with sub. (2). The decision by the department to enter into a
9cooperative agreement is not subject to review under ch. 227. A cooperative
10agreement is subject to review under ch. 227.
AB100-engrossed,1843,1311
(e) The department may not enter into an initial cooperative agreement after
12the first day of the 60th month beginning after the effective date of this paragraph
13.... [revisor inserts date].
AB100-engrossed,1843,24
14(6e) Extension of cooperative agreement. If the department determines that
15renewal of a cooperative agreement is consistent with sub. (2) and if the participant
16agrees to renewal, the department may notify the joint committee on finance that the
17department proposes to renew the cooperative agreement. If, within 14 working
18days after the date that the department submits the proposal, the cochairpersons of
19the committee notify the secretary that the committee has scheduled a meeting for
20the purpose of reviewing the proposal, the department may not renew the
21cooperative agreement until the committee approves the proposal. If the
22cochairpersons of the committee do not so notify the secretary, the department may
23renew the cooperative agreement. A cooperative agreement may be renewed for one
245-year term.
AB100-engrossed,1844,6
1(6m) Expiration of cooperative agreement. If a participant timely submits an
2application for an approval that is replaced by a cooperative agreement and submits
3any information requested by the department to enable the department to act on the
4application, but the department does not issue the approval before the cooperative
5agreement expires, sub. (9) (a) continues to apply and the provisions of the
6cooperative agreement continue to apply until the approval is issued.
AB100-engrossed,1844,10
7(7) Amendment, revocation of cooperative agreement. (a) This subsection
8applies to the amendment or revocation of a cooperative agreement, notwithstanding
9any provisions of chs. 280 to 295 concerning the amendment or revocation of
10approvals.
AB100-engrossed,1844,1211
(b) 1. The department may amend a cooperative agreement with the consent
12of the participant.
AB100-engrossed,1844,1413
2. The department may, after an opportunity for a hearing, amend a
14cooperative agreement for cause, including any of the following:
AB100-engrossed,1844,1515
a. A change in federal or state environmental laws.
AB100-engrossed,1844,1616
b. A violation of the cooperative agreement.
AB100-engrossed,1844,1817
c. Obtaining a cooperative agreement by misrepresentation or failure to fully
18disclose all relevant information.
AB100-engrossed,1844,2019
(c) 1. The department may revoke a cooperative agreement at the request of
20the participant.
AB100-engrossed,1844,2221
2. The department may, after an opportunity for a hearing, revoke a cooperative
22agreement if it finds any of the following:
AB100-engrossed,1845,223
a. That the participant is in substantial noncompliance with the cooperative
24agreement, with an approval that is not replaced by the cooperative agreement or
1with a provision of chs. 280 to 295 or rules promulgated under those chapters for
2which the cooperative agreement does not grant a variance.
AB100-engrossed,1845,43
b. That the participant has refused the department's request to amend the
4cooperative agreement.
AB100-engrossed,1845,75
c. That the participant is unable, or has shown an unwillingness, to comply
6with pollution reduction goals that apply to the participant under the cooperative
7agreement.
AB100-engrossed,1845,108
d. That the participant has not satisfactorily addressed a substantive issue
9raised by a majority of the members of the interested persons group, established
10under sub. (5) (b), within a reasonable time after receiving notice of the issue.
AB100-engrossed,1845,1211
3. If the department revokes a cooperative agreement, it shall do all of the
12following in a written revocation decision:
AB100-engrossed,1845,1613
a. Delay any compliance deadlines established in the cooperative agreement
14if a delay is necessary to provide the participant with a reasonable amount of time
15to obtain approvals required under chs. 280 to 295 that were replaced by the
16cooperative agreement.
AB100-engrossed,1845,2117
b. Establish practical interim requirements, that do not allow pollution in
18excess of that allowed under chs. 280 to 295 at the time that the cooperative
19agreement was entered into, to replace specified requirements of the cooperative
20agreement until the department issues the approvals required under chs. 280 to 295
21that were replaced by the cooperative agreement.
AB100-engrossed,1845,2522
4. A participant shall comply with the department's revocation decision and
23with all requirements of the cooperative agreement for which the department does
24not establish interim requirements until the department issues the approvals
25required under chs. 280 to 295 that were replaced by the cooperative agreement.
AB100-engrossed,1846,1
1(d) A final decision under par. (b) or (c) is subject to review under ch. 227.
AB100-engrossed,1846,4
2(8) Public notice; meetings. (a) The department shall provide at least 30 days
3for public comment on the proposed issuance, amendment or revocation of a
4cooperative agreement.
AB100-engrossed,1846,85
(b) Before the start of the public comment period under par. (a), the department
6shall prepare a draft of the cooperative agreement, cooperative agreement
7amendment or notice of cooperative agreement revocation and a fact sheet that does
8all of the following:
AB100-engrossed,1846,109
1. Briefly describes the principal facts and the significant factual, legal,
10methodological and policy questions considered by the department.
AB100-engrossed,1846,1111
2. Briefly describes how the proposed action is consistent with subs. (2) and (3).
AB100-engrossed,1846,1312
3. Identifies any variances that would be granted under sub. (4) by the proposed
13action.
AB100-engrossed,1846,1514
(c) The department shall prepare a public notice of a proposed action under par.
15(a) that does all of the following:
AB100-engrossed,1846,1616
1. Briefly describes the facility that is the subject of the proposed action.
AB100-engrossed,1846,1817
2. Identifies the proposed action and states whether any variances would be
18granted under sub. (4) by the proposed action.
AB100-engrossed,1846,2119
3. Identifies an employe of the department and an employe of the applicant or
20participant who may be contacted for additional information about the proposed
21action.
AB100-engrossed,1846,2322
4. States that the draft of the proposed action and the fact sheet under par. (b)
23are available upon request.
AB100-engrossed,1847,3
15. States that comments concerning the proposed action may be submitted to
2the department during the comment period and states the last date of the comment
3period.
AB100-engrossed,1847,74
6. Describes the procedures that the department will use to make a final
5decision on the proposed action, describes how persons may request public
6informational meetings, contested case hearings or public hearings and how persons
7may make requests to appear at those meetings and hearings.
AB100-engrossed,1847,198
(d) Before the start of the public comment period, the department shall mail
9the public notice under par. (c) to the applicant or participant, the federal
10environmental protection agency, the members of the interested persons group
11established under sub. (5) (b) and all persons who have asked to receive notice of
12proposed actions under par. (a). The department shall mail the public notice to any
13other person upon request. The department shall make a copy of the public notice
14available at the department's main office, at any other department office in the area
15of the facility subject to the proposed action and at public libraries in that area. The
16department shall circulate the public notice in the area of the facility subject to the
17proposed action by posting the notice in public buildings, publishing the notice in
18local newspapers and by any other methods that the department determines are
19effective.
AB100-engrossed,1847,2220
(e) The department shall hold a public informational meeting on a proposed
21action under par. (a) if the comments received during the public comment period
22demonstrate considerable public interest in the proposed action.
AB100-engrossed,1848,2
23(9) Effect of cooperative agreement. (a) For the purposes of chs. 280 to 295,
24a cooperative agreement entered into under this section is considered to be an
1approval that is identified under sub. (3) (b) as being replaced by the cooperative
2agreement.
AB100-engrossed,1848,43
(b) A provision of an approval that is identified under sub. (3) (b) as being
4replaced by a cooperative agreement is superceded by the cooperative agreement.
AB100-engrossed,1848,6
5(10) Fees. A participant shall pay the same fees under chs. 280 to 295 that it
6would be required to pay if it had not entered into a cooperative agreement.
AB100-engrossed,1848,10
7(11) Reporting by participants. (a) Reports submitted under a cooperative
8agreement fulfill the reporting requirements under chs. 280 to 295 relating to the
9facility, activities and pollutants that are covered by the cooperative agreement,
10except for any requirements for immediate reporting.
AB100-engrossed,1848,2111
(b) A participant shall notify the department before it increases the amount of
12the discharge or emission of a pollutant from a covered facility and before it begins
13to discharge or emit a pollutant that it did not discharge or emit from a covered
14facility when the cooperative agreement was entered into. The notification shall
15describe any proposed facility expansion, production increase or process
16modification that would result in the increased or new discharge or emission and
17shall state the identity and quantity of the pollutant planned to be emitted or
18discharged. If the increased or new discharge or emission is not authorized under
19the cooperative agreement, the department may amend the cooperative agreement
20under sub. (7) in a manner consistent with subs. (2) and (3) or require the participant
21to obtain an approval if an approval is required under chs. 280 to 295.
AB100-engrossed,1848,25
22(12) Reports of violations. A participant shall submit a report to the
23department within 45 days after completion of a performance evaluation if the
24performance evaluation reveals violations at a facility covered by a cooperative
25agreement. The report shall contain all of the following:
AB100-engrossed,1849,3
1(a) A description of the performance evaluation, including who conducted the
2performance evaluation, when it was completed, what activities and operations were
3examined and what was revealed by the performance evaluation.
AB100-engrossed,1849,44
(b) A description of all violations revealed by the performance evaluation.
AB100-engrossed,1849,65
(c) A description of the actions taken or proposed to be taken to correct the
6violations.
AB100-engrossed,1849,87
(d) A commitment to correct the violations within 90 days of submitting the
8report or within a compliance schedule approved by the department.
AB100-engrossed,1849,159
(e) If the participant proposes to take more than 90 days to correct the
10violations, a proposed compliance schedule that contains the shortest reasonable
11periods for correcting the violations, a statement that justifies the proposed
12compliance schedule, a description of measures that the participant will take to
13minimize the effects of the violations during the period of the compliance schedule
14and proposed stipulated penalties if the participant violates the compliance
15schedule.
AB100-engrossed,1849,1716
(f) A description of the measures that the participant has taken or will take to
17prevent future violations.
AB100-engrossed,1850,4
18(13) Compliance schedules. (a) If the department receives a report under sub.
19(12) that contains a proposed compliance schedule under sub. (12) (e), the
20department shall review the proposed compliance schedule. The department may
21approve the compliance schedule as submitted or propose a different compliance
22schedule. If the participant does not agree to implement a compliance schedule
23proposed by the department, the department shall schedule a meeting with the
24participant to attempt to reach an agreement on a compliance schedule. If the
25department and the participant do not reach an agreement on a compliance
1schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke
2the cooperative agreement. If the parties agree to a compliance schedule, the
3department shall amend the cooperative agreement to incorporate the compliance
4schedule.
AB100-engrossed,1850,85
(b) The department may not approve a compliance schedule that extends longer
6than 12 months beyond the date of approval of the compliance schedule. The
7department shall consider the following factors in determining whether to approve
8a compliance schedule:
AB100-engrossed,1850,99
1. The environmental and public health consequences of the violations.
AB100-engrossed,1850,1210
2. The time needed to implement a change in raw materials or method of
11production if that change is an available alternative to other methods of correcting
12the violations.
AB100-engrossed,1850,1413
3. The time needed to purchase any equipment or supplies that are needed to
14correct the violations.
AB100-engrossed,1850,18
15(14) Deferred civil enforcement. (a) 1. This state may not commence a civil
16action to collect forfeitures for violations at a facility covered by a cooperative
17agreement that are disclosed in a report that meets the requirements of sub. (12) for
18at least 90 days after the department receives the report.
AB100-engrossed,1850,2219
2. If the participant corrects violations that are disclosed in a report that meets
20the requirements of sub. (12) within 90 days after the department receives a report
21that meets the requirements of sub. (12), this state may not commence a civil action
22to collect forfeitures for the violations.
AB100-engrossed,1851,423
3. This state may not commence a civil action to collect forfeitures for violations
24covered by a compliance schedule that is approved under sub. (13) during the period
25of the compliance schedule if the participant is not violating the compliance schedule.
1If the participant violates the compliance schedule, the department may collect the
2stipulated penalties in the compliance schedule or may revoke the cooperative
3agreement. After the department revokes a cooperative agreement, this state may
4commence civil action to collect forfeitures for the violations.
AB100-engrossed,1851,75
4. If the department approves a compliance schedule under sub. (13) and the
6participant corrects the violations according to the compliance schedule, this state
7may not commence a civil action to collect forfeitures for the violations.
AB100-engrossed,1851,98
(b) Notwithstanding par. (a), this state may at any time commence a civil action
9to collect forfeitures for violations if any of the following apply:
AB100-engrossed,1851,1110
1. The violations present an imminent threat to public health or the
11environment or may cause serious harm to public health or the environment.
AB100-engrossed,1851,1312
2. The department discovers the violations before submission of a report under
13sub. (12).
AB100-engrossed,1851,16
14(15) Access to records. (a) Except as provided in par. (b), the department shall
15make any record, report or other information obtained in the administration of this
16section available to the public.
AB100-engrossed,1851,2217
(b) The department shall keep confidential any part of a record, report or other
18information obtained in the administration of this section, other than emission data,
19discharge data or information contained in a cooperative agreement, upon a showing
20satisfactory to the department by any person that the part of a record, report or other
21information would, if made public, divulge a method or process that is entitled to
22protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB100-engrossed,1852,323
(c) If the department refuses to release information on the grounds that it is
24confidential under par. (b) and a person challenges that refusal, the department shall
25inform the applicant or participant of that challenge. Unless the applicant or
1participant authorizes the department to release the information, the applicant or
2participant shall pay the reasonable costs incurred by this state to defend the refusal
3to release the information.
AB100-engrossed,1852,94
(d) Paragraph (b) does not prevent the disclosure of any information to a
5representative of the department for the purpose of administering this section or to
6an officer, employe or authorized representative of the federal government for the
7purpose of administering federal law. When the department provides information
8that is confidential under par. (b) to the federal government, the department shall
9also provide a copy of the application for confidential status.
AB100-engrossed,1852,15
10(16) Reports concerning the program under this section. (a) Beginning not
11later than the first day of the 13th month beginning after the effective date of this
12paragraph .... [revisor inserts date], the secretary of natural resources shall submit
13an annual progress report on the program under this section to the governor, the
14environmental performance council and, under s. 13.172 (3), the standing
15committees of the legislature with jurisdiction over environmental matters.
AB100-engrossed,1852,2116
(b) Not later than the first day of the 48th month beginning after the effective
17date of this paragraph .... [revisor inserts date], the secretary of natural resources
18shall submit a report to the governor, the environmental performance council and,
19under s. 13.172 (2) the legislature on the success of the program under this section.
20The report shall include recommendations concerning the continuation of the
21program under this section and any changes that should be made to the program.
AB100-engrossed,1852,2523
301.01
(4) "State correctional institution" means a state prison under s. 302.01
24or a secured correctional facility, as defined in s. 938.02 (15m)
, other than the
25Mendota Juvenile Treatment Center.