SB77,1516,1515 (h) "Pollutant" means any of the following:
SB77,1516,1916 1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse,
17oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive
18substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or
19industrial, municipal or agricultural waste discharged into water or onto land.
SB77,1516,2220 2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas,
21odorous substances or any combination of those things emitted into the air, but not
22uncombined water vapor.
SB77,1517,223 (i) "Violation" means a violation of a cooperative agreement, of an approval that
24is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and

1rules promulgated under those chapters for which a participant has not received a
2variance under sub. (4).
SB77,1517,6 3(2) Pilot program. The department shall administer a pilot program under
4which it enters into not more than 10 cooperative agreements to evaluate innovative
5environmental regulatory methods. In administering the program, the department
6shall do all of the following:
SB77,1517,97 (a) Provide at least the same level of protection of public health and the
8environment as provided by the environmental regulatory methods under chs. 280
9to 295.
SB77,1517,1110 (b) Encourage facility owners and operators to systematically assess the
11pollution that they cause, directly and indirectly, to the air, water and land.
SB77,1517,1412 (c) Encourage facility owners and operators to implement efficient and cost-
13effective pollution reduction strategies for their facilities, while complying with
14verifiable and enforceable pollution limits.
SB77,1517,2015 (d) Encourage facility owners and operators to achieve superior environmental
16performance, both with respect to the effects of a facility that are regulated under
17chs. 280 to 295 and those effects that are unregulated, to reduce usage of natural
18resources and to reduce waste generation, while achieving a balance among the
19economic, social and environmental impacts of these efforts that is acceptable to the
20community in which the facility is located.
SB77,1517,2421 (e) Recognize and reward facility owners and operators who have
22demonstrated excellence and leadership in environmental stewardship or pollution
23prevention and who can achieve reductions in emissions and waste generation
24through implementation of innovative measures.
SB77,1518,2
1(f) Encourage the transfer of information about methods for improving
2environmental performance and the adoption of these methods by others.
SB77,1518,53 (g) Consolidate into a cooperative agreement environmental requirements
4relating to a facility owned or operated by a participant that are otherwise included
5in separate approvals to the extent that consolidation is practical and efficient.
SB77,1518,86 (h) Grant the owners and operators of facilities greater operational flexibility
7than would otherwise be allowed under chs. 280 to 295 and rules promulgated under
8those chapters.
SB77,1518,119 (i) Seek to reduce the time and money spent by government and owners and
10operators of facilities on paperwork and other administrative tasks that do not result
11in benefits to the environment.
SB77,1518,1412 (j) Encourage public participation, and consensus among interested persons,
13in the development of innovative environmental regulatory methods and in
14monitoring the environmental performance of projects under this section.
SB77,1518,1615 (k) Seek to improve the provision of useful information to the public about the
16environmental and human health impacts of facilities on communities.
SB77,1518,1817 (L) Provide public access to information about performance evaluations
18conducted by participants in the program under this section.
SB77,1518,2019 (m) Encourage facility owners and operators and communities to work together
20to reduce pollution to levels below the levels required under chs. 280 to 295.
SB77,1518,2421 (n) Seek to increase trust among government, facility owners and operators
22and the public through open communication and support of early and credible
23resolution of conflicts over issues concerning the environment and environmental
24regulation.
SB77,1519,2
1(3) Content of cooperative agreements. A cooperative agreement shall do all
2of the following:
SB77,1519,43 (a) Identify the facility or facilities, the activities and the pollutants that are
4covered by the cooperative agreement.
SB77,1519,65 (b) Specify any approvals and provisions of approvals that are replaced by the
6cooperative agreement.
SB77,1519,127 (c) Commit the participant to implement an environmental management
8system that is based on the standards for environmental management systems
9issued by the International Organization for Standardization, or an alternative
10environmental management system that is acceptable to the department, at the
11covered facilities and commit the participant to documenting the environmental
12management system.
SB77,1519,1613 (d) Commit the participant to superior environmental performance, to
14reducing natural resource usage and to reducing waste generation, while achieving
15a balance among the economic, social and environmental impacts of these efforts that
16is acceptable to the community in which the facility is located.
SB77,1519,1717 (e) Specify waste reduction goals in measurable and verifiable terms.
SB77,1519,2218 (f) Identify changes in raw materials, in the design, methods of production,
19distribution or uses of products or in the reuse, recycling or disposal of materials that
20the participant will implement to achieve process efficiencies, to reduce the pollution
21of the air, water and land and to reduce water use, energy use or indoor chemical
22exposure.
SB77,1519,2523 (g) Contain pollution limits that are verifiable, enforceable and at least as
24stringent as the pollution limits under chs. 280 to 295 and rules promulgated under
25those chapters.
SB77,1520,2
1(h) Describe the operational flexibility granted to the participant and any
2variances granted under sub. (4).
SB77,1520,43 (i) Contain the requirements that would be included in any approvals that are
4replaced by the cooperative agreement, as modified under pars. (g) and (h).
SB77,1520,75 (j) Require the participant to submit a baseline performance evaluation within
6180 days of the date that the cooperative agreement is entered into and to update the
7performance evaluation periodically.
SB77,1520,98 (k) Require the participant to report any violations discovered during a
9performance evaluation as required in sub. (12).
SB77,1520,1510 (L) Ensure that members of the interested persons group, established as
11required under sub. (5) (b), have the opportunity to comment on the participant's
12environmental management system and are involved in reviewing the participant's
13performance under the cooperative agreement and require a process that seeks
14consensus between the participant and interested persons over issues concerning
15that performance.
SB77,1520,1716 (m) Require the participant to assist interested persons to understand the
17implementation of the cooperative agreement.
SB77,1520,2318 (n) Require the participant to provide information to the public about the
19participant's environmental performance and the results of the project, including
20environmental, social and economic impacts, and to meet with interested persons at
21least once every 6 months to discuss the implementation of the participant's
22environmental management system and to receive comments on the progress of the
23project.
SB77,1520,2524 (o) Describe how the participant will measure the opinions of its employes and
25the public concerning its participation in the program under this section.
SB77,1521,3
1(p) Require the participant to assess the success of the project in reducing the
2time and money spent by the participant on paperwork and other administrative
3activities that do not directly benefit the environment.
SB77,1521,64 (q) Specify that the term of the agreement is 5 years with the possibility of a
5renewal for up to 5 years if the department determines that renewal is consistent
6with sub. (2) and the participant agrees to renewal.
SB77,1521,11 7(4) Variances. (a) If chs. 280 to 295 or rules promulgated under those chapters
8authorize the department to grant a variance from a requirement that would
9otherwise apply to a facility covered by a cooperative agreement and the participant
10qualifies under the standards provided in the statutes or rules for granting the
11variance, the department may grant a variance from that requirement.
SB77,1521,1512 (b) If a variance is not authorized under par. (a), the department may grant a
13participant a variance from a requirement in chs. 280 to 295 that would otherwise
14apply to a facility covered by a cooperative agreement if the variance is consistent
15with subs. (2) and (3) (g) and does one of the following:
SB77,1521,1716 1. Promotes the reduction in overall levels of pollution to below the levels
17required under chs. 280 to 295.
SB77,1521,2318 2. Provides for alternative monitoring, testing, record keeping, notification or
19reporting requirements that reduce the administrative burden on state agencies or
20the participant and that provide the information needed to ensure compliance with
21the cooperative agreement and the provisions of chs. 280 to 295 and rules
22promulgated under those chapters for which the cooperative agreement does not
23grant a variance.
SB77,1522,2 24(5) Application. The department shall solicit applications for participation in
25the program under this section. The owner or operator of a facility that is required

1to be covered by at least one approval under chs. 280 to 295 may apply to participate
2in the pilot program by submitting all of the following:
SB77,1522,33 (a) A proposed cooperative agreement that satisfies sub. (3).
SB77,1522,84 (b) A description of the process used by the applicant to establish an interested
5persons group that includes residents of the area in which the facility proposed to be
6covered by the agreement is located, a list of members of the interested persons group
7and a description of the involvement of the interested persons group in the
8development of the proposed cooperative agreement.
SB77,1522,18 9(6) Entering into cooperative agreements. (a) The department shall review
10each proposed agreement submitted under sub. (5). Upon completion of that review,
11the department shall decide whether to enter into negotiations with the applicant.
12In determining whether to enter into negotiations and in selecting participants, the
13department shall seek to ensure participation by a variety of types, sizes and
14locations of facilities and shall consult with the federal environmental protection
15agency. A decision by the department not to enter into negotiations is not subject to
16review under ch. 227. If the department decides to enter into negotiations, it shall
17prepare a draft cooperative agreement and provide public notice of its decision in the
18manner provided in sub. (8) (d).
SB77,1522,2119 (b) During negotiations concerning a proposed cooperative agreement, the
20department may not modify or revoke any approval for a facility that would be
21replaced by the cooperative agreement if the applicant is not violating the approval.
SB77,1522,2422 (c) The department may terminate negotiations with an applicant concerning
23a proposed cooperative agreement and the decision to terminate negotiations is not
24subject to review under ch. 227.
SB77,1523,6
1(d) Except as provided in par. (e), the department may enter into a cooperative
2agreement with an applicant if the department determines that the applicant's
3efforts described under sub. (4) (b) were adequate, that the cooperative agreement
4complies with sub. (3) and that entering into the agreement will assist the
5department to comply with sub. (2). The decision by the department to enter into a
6cooperative agreement is not subject to review under ch. 227.
SB77,1523,97 (e) The department may not enter into an initial cooperative agreement after
8the first day of the 60th month beginning after the effective date of this paragraph
9.... [revisor inserts date].
SB77,1523,17 10(6m) Expiration of cooperative agreement. If a participant timely submits an
11application for an approval that is replaced by a cooperative agreement and submits
12any information requested by the department to enable the department to act on the
13application, but the department does not issue the approval before the cooperative
14agreement expires, sub. (9) (a) continues to apply and the provisions of the
15cooperative agreement continue to apply, except that the department and the
16participant may agree to interim requirements that do not allow pollution in excess
17of that allowed under chs. 280 to 295.
SB77,1523,21 18(7) Amendment, revocation of cooperative agreement. (a) This subsection
19applies to the amendment or revocation of a cooperative agreement, notwithstanding
20any provisions of chs. 280 to 295 concerning the amendment or revocation of
21approvals.
SB77,1523,2322 (b) 1. The department may amend a cooperative agreement with the consent
23of the participant.
SB77,1523,2524 2. The department may, after an opportunity for a hearing, amend a
25cooperative agreement for cause, including any of the following:
SB77,1524,1
1a. A change in federal or state environmental laws.
SB77,1524,22 b. A violation of the cooperative agreement.
SB77,1524,43 c. Obtaining a cooperative agreement by misrepresentation or failure to fully
4disclose all relevant information.
SB77,1524,65 (c) 1. The department may revoke a cooperative agreement at the request of
6the participant.
SB77,1524,87 2. The department may, after an opportunity for a hearing, revoke a cooperative
8agreement if it finds any of the following:
SB77,1524,129 a. That the participant is in substantial noncompliance with the cooperative
10agreement, with an approval that is not replaced by the cooperative agreement or
11with a provision of chs. 280 to 295 or rules promulgated under those chapters for
12which the cooperative agreement does not grant a variance.
SB77,1524,1413 b. That the participant has refused the department's request to amend the
14cooperative agreement.
SB77,1524,1715 c. That the participant is unable, or has shown an unwillingness, to comply
16with pollution reduction goals that apply to the participant under the cooperative
17agreement.
SB77,1524,2018 d. That the participant has not satisfactorily addressed a substantive issue
19raised by a majority of the members of the interested persons group, established
20under sub. (5) (b), within a reasonable time after receiving notice of the issue.
SB77,1524,2221 3. If the department revokes a cooperative agreement, it shall do all of the
22following in a written revocation decision:
SB77,1525,223 a. Delay any compliance deadlines established in the cooperative agreement
24if a delay is necessary to provide the participant with a reasonable amount of time

1to obtain approvals required under chs. 280 to 295 that were replaced by the
2cooperative agreement.
SB77,1525,73 b. Establish practical interim requirements, that do not allow pollution in
4excess of that allowed under chs. 280 to 295 at the time that the cooperative
5agreement was entered into, to replace specified requirements of the cooperative
6agreement until the department issues the approvals required under chs. 280 to 295
7that were replaced by the cooperative agreement.
SB77,1525,118 4. A participant shall comply with the department's revocation decision and
9with all requirements of the cooperative agreement for which the department does
10not establish interim requirements until the department issues the approvals
11required under chs. 280 to 295 that were replaced by the cooperative agreement.
SB77,1525,1212 (d) A final decision under par. (b) or (c) is subject to review under ch. 227.
SB77,1525,15 13(8) Public notice; meetings. (a) The department shall provide at least 30 days
14for public comment on the proposed issuance, amendment or revocation of a
15cooperative agreement.
SB77,1525,1916 (b) Before the start of the public comment period under par. (a), the department
17shall prepare a draft of the cooperative agreement, cooperative agreement
18amendment or notice of cooperative agreement revocation and a fact sheet that does
19all of the following:
SB77,1525,2120 1. Briefly describes the principal facts and the significant factual, legal,
21methodological and policy questions considered by the department.
SB77,1525,2222 2. Briefly describes how the proposed action is consistent with subs. (2) and (3).
SB77,1525,2423 3. Identifies any variances that would be granted under sub. (4) by the proposed
24action.
SB77,1526,2
1(c) The department shall prepare a public notice of a proposed action under par.
2(a) that does all of the following:
SB77,1526,33 1. Briefly describes the facility that is the subject of the proposed action.
SB77,1526,54 2. Identifies the proposed action and states whether any variances would be
5granted under sub. (4) by the proposed action.
SB77,1526,86 3. Identifies an employe of the department and an employe of the applicant or
7participant who may be contacted for additional information about the proposed
8action.
SB77,1526,109 4. States that the draft of the proposed action and the fact sheet under par. (b)
10are available upon request.
SB77,1526,1311 5. States that comments concerning the proposed action may be submitted to
12the department during the comment period and states the last date of the comment
13period.
SB77,1526,1714 6. Describes the procedures that the department will use to make a final
15decision on the proposed action, describes how persons may request public
16informational meetings, contested case hearings or public hearings and how persons
17may make requests to appear at those meetings and hearings.
SB77,1527,418 (d) Before the start of the public comment period, the department shall mail
19the public notice under par. (c) to the applicant or participant, the federal
20environmental protection agency, the members of the interested persons group
21established under sub. (5) (b) and all persons who have asked to receive notice of
22proposed actions under par. (a). The department shall mail the public notice to any
23other person upon request. The department shall make a copy of the public notice
24available at the department's main office, at any other department office in the area
25of the facility subject to the proposed action and at public libraries in that area. The

1department shall circulate the public notice in the area of the facility subject to the
2proposed action by posting the notice in public buildings, publishing the notice in
3local newspapers and by any other methods that the department determines are
4effective.
SB77,1527,75 (e) The department shall hold a public informational meeting on a proposed
6action under par. (a) if the comments received during the public comment period
7demonstrate considerable public interest in the proposed action.
SB77,1527,11 8(9) Effect of cooperative agreement. (a) For the purposes of chs. 280 to 295,
9a cooperative agreement entered into under this section is considered to be an
10approval that is identified under sub. (3) (b) as being replaced by the cooperative
11agreement.
SB77,1527,1312 (b) A provision of an approval that is identified under sub. (3) (b) as being
13replaced by a cooperative agreement is superceded by the cooperative agreement.
SB77,1527,15 14(10) Fees. A participant shall pay the same fees under chs. 280 to 295 that it
15would be required to pay if it had not entered into a cooperative agreement.
SB77,1527,19 16(11) Reporting by participants. (a) Reports submitted under a cooperative
17agreement fulfill the reporting requirements under chs. 280 to 295 relating to the
18facility, activities and pollutants that are covered by the cooperative agreement,
19except for any requirements for immediate reporting.
SB77,1528,520 (b) A participant shall notify the department before it increases the amount of
21the discharge or emission of a pollutant from a covered facility and before it begins
22to discharge or emit a pollutant that it did not discharge or emit from a covered
23facility when the cooperative agreement was entered into. The notification shall
24describe any proposed facility expansion, production increase or process
25modification that would result in the increased or new discharge or emission and

1shall state the identity and quantity of the pollutant planned to be emitted or
2discharged. If the increased or new discharge or emission is not authorized under
3the cooperative agreement, the department may amend the cooperative agreement
4under sub. (7) in a manner consistent with subs. (2) and (3) or require the participant
5to obtain an approval if an approval is required under chs. 280 to 295.
SB77,1528,9 6(12) Reports of violations. A participant shall submit a report to the
7department within 45 days after completion of a performance evaluation if the
8performance evaluation reveals violations at a facility covered by a cooperative
9agreement. The report shall contain all of the following:
SB77,1528,1210 (a) A description of the performance evaluation, including who conducted the
11performance evaluation, when it was completed, what activities and operations were
12examined and what was revealed by the performance evaluation.
SB77,1528,1313 (b) A description of all violations revealed by the performance evaluation.
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