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2. An ordinance or other legally binding requirement of a local governmental
14unit enacted under authority granted by a state law relating to environmental
15protection.
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(d) "Facility" means all buildings, equipment and structures located on a single
17parcel or on adjacent parcels that are owned or operated by the same person.
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(e) "Local governmental unit" means a city, village, town, county, town sanitary
19district or metropolitan sewerage district.
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(f) "Regulated entity" means a public or private entity that is subject to
21environmental requirements.
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22(2) Requirements for participation. A regulated entity qualifies for
23participation in the environmental improvement program with respect to a facility
24owned or operated by the regulated entity if all of the following apply:
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1(a) If the regulated entity conducts an environmental performance evaluation,
2the regulated entity notified the department in writing, no less than 30 days before
3beginning an environmental performance evaluation, of the date on which the
4environmental performance evaluation would begin, the site or facility or the
5operations or practices at a site or facility to be reviewed and the general scope of the
6environmental performance evaluation.
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(b) At the time of submitting a report under sub. (3), more than 2 years have
8elapsed since the department of justice has filed a suit to enforce an environmental
9requirement, or the department or a local governmental unit has issued a citation
10to enforce an environmental requirement, because of a violation of an environmental
11requirement involving the facility.
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(c) The regulated entity conducts an environmental performance evaluation of
13the facility or submits findings from the facility's environmental management
14system.
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(d) The regulated entity submits a report as required under sub. (3).
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(e) If the regulated entity conducts an environmental performance evaluation,
17the environmental performance evaluation complies with sub. (4).
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(f) If the regulated entity submits findings from the facility's environmental
19management system, the environmental management system complies with sub. (5).
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20(3) Report. In order to participate in the environmental improvement program
21with respect to a facility, a regulated entity that owns or operates the facility shall
22submit a report to the department within 45 days after the date of the final written
23report of findings of an environmental performance evaluation of the facility or
24within 45 days after the date of findings from the facility's environmental
1management system if the findings identify a violation of an environmental
2requirement. The report shall include all of the following:
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(a) 1. If the regulated entity conducted an environmental performance
4evaluation, a description of the environmental performance evaluation, including
5who conducted the environmental performance evaluation, when it was completed,
6what activities and operations were examined and what was revealed by the
7environmental performance evaluation.
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2. If the regulated entity submits findings from an environmental management
9system, a description of the environmental management system, of the activities and
10operations covered by the environmental management system and of who made the
11findings and when the findings were made.
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(b) A description of all violations of environmental requirements revealed by
13the environmental performance evaluation or the environmental management
14system and of the length of time that the violations may have continued.
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(c) A description of actions taken or proposed to be taken to correct the
16violations of environmental requirements.
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(d) A commitment to correct the violations of environmental requirements
18within 90 days of submitting the report or within a compliance schedule approved
19by the department.
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(e) If the regulated entity proposes to take more than 90 days to correct the
21violations of environmental requirements, a proposed compliance schedule that
22contains the shortest reasonable periods for correcting the violations of
23environmental requirements, a statement that justifies the proposed compliance
24schedule and a description of measures that the regulated entity will take to
1minimize the effects of the violations of environmental requirements during the
2period of the compliance schedule.
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(em) If the regulated entity proposes to take more than 90 days to correct the
4violations of environmental requirements, proposed stipulated penalties to be
5imposed if the regulated entity violates the compliance schedule under par. (e).
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(f) A description of the measures that the regulated entity has taken or will take
7to prevent future violations of environmental requirements and a timetable for
8taking the measures that it has not yet taken.
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9(4) Environmental performance evaluation. If a regulated entity conducts an
10environmental performance evaluation under sub. (2) (c), the regulated entity does
11not qualify for participation in the environmental improvement program unless the
12final written report of findings of the environmental performance evaluation is
13labeled "environmental performance evaluation report", is dated and, if the
14environmental performance evaluation identifies violations of environmental
15requirements, includes a plan for corrective action. A regulated entity may use a
16form developed by the regulated entity, by a consultant or by the department for the
17final written report of findings of the environmental performance evaluation.
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18(5) Environmental management system. If a regulated entity submits findings
19from the facility's environmental management system under sub. (2) (c), the
20regulated entity does not qualify for participation in the environmental
21improvement program unless the regulated entity's efforts to prevent, detect and
22correct violations of environmental requirements are appropriate to the size of the
23regulated entity and to the nature of its business and are consistent with any criteria
24used by the federal environmental protection agency to define due diligence in
25federal audit policies or regulations.
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1(6) Compliance schedules. (a) If the department receives a report under sub.
2(3) that contains a proposed compliance schedule under sub. (3) (e), the department
3shall review the proposed compliance schedule. The department may approve the
4compliance schedule as submitted or propose a different compliance schedule. If the
5regulated entity does not agree to implement a compliance schedule proposed by the
6department, the department shall schedule a meeting with the regulated entity to
7attempt to reach an agreement on a compliance schedule. If the department and the
8regulated entity do not reach an agreement on a compliance schedule, the
9department may issue a compliance schedule. A compliance schedule under this
10subsection is subject to review under ch. 227.
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(b) The department may not approve or issue a compliance schedule that
12extends longer than 12 months beyond the date of approval of the compliance
13schedule. The department shall consider the following factors in determining
14whether to approve a compliance schedule:
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1. The environmental and public health consequences of the violations.
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2. The time needed to implement a change in raw materials or method of
17production if that change is an available alternative to other methods of correcting
18the violations.
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3. The time needed to purchase any equipment or supplies that are needed to
20correct the violations.
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21(6m) Stipulated penalties. If the department receives proposed stipulated
22penalties under sub. (3) (em), the department shall review the proposed stipulated
23penalties. The department may approve the stipulated penalties as submitted or
24propose different stipulated penalties. If the regulated entity does not agree to
25stipulated penalties proposed by the department, the department shall schedule a
1meeting with the regulated entity to attempt to reach an agreement on stipulated
2penalties. If no agreement is reached, there are no stipulated penalties for violations
3of the compliance schedule.
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4(7) Deferred civil enforcement. (a) 1. This state may not commence a civil
5action to collect forfeitures for violations of environmental requirements at a facility
6that are disclosed by a regulated entity that qualifies under sub. (2) for participation
7in the environmental improvement program in a report that meets the requirements
8of sub. (3) for at least 90 days after the department receives the report.
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2. If the regulated entity corrects violations that are disclosed by a regulated
10entity that qualifies under sub. (2) for participation in the environmental
11improvement program in a report that meets the requirements of sub. (3) within 90
12days after the department receives a report that meets the requirements of sub. (3),
13this state may not commence a civil action to collect forfeitures for the violations.
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3. This state may not commence a civil action to collect forfeitures for violations
15covered by a compliance schedule that is approved under sub. (6) during the period
16of the compliance schedule if the regulated entity is not violating the compliance
17schedule. If the regulated entity violates the compliance schedule, the department
18may collect the stipulated penalties or, if there are no stipulated penalties, this state
19may commence civil action to collect forfeitures for the violations.
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4. If the department approves a compliance schedule under sub. (6) and the
21regulated entity corrects the violations according to the compliance schedule, this
22state may not commence a civil action to collect forfeitures for the violations.
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(b) Notwithstanding par. (a), this state may at any time commence a civil action
24to collect forfeitures for violations of environmental requirements if any of the
25following apply:
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11. The violations present an imminent threat to public health or the
2environment or may cause serious harm to public health or the environment.
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2. The department discovers the violations before submission of a report under
4sub. (3).
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3. The violations resulted in a substantial economic benefit that gives the
6regulated entity a clear advantage over its business competitors.
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4. The violations are identified through monitoring or sampling required by
8permit, statute, rule, regulation, judicial or administrative order or consent
9agreement.
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10(8) Consideration of actions by regulated entity. If the department receives
11a report that complies with sub. (3) from a regulated entity that qualifies under sub.
12(2) for participation in the environmental improvement program and the report
13discloses a potential criminal violation of an environmental requirement, the
14department and the department of justice shall take into account the diligent actions
15of the regulated entity to comply with environmental requirements in deciding
16whether to pursue a criminal enforcement action and what penalty should be sought.
17In determining whether a regulated entity acted with due diligence and reasonable
18care, the department and the department of justice shall consider whether the
19regulated entity has demonstrated any of the following:
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1. That the regulated entity took corrective action that was timely when the
21violation was discovered.
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2. That the regulated entity exercised reasonable care in attempting to prevent
23the violation and to ensure compliance with environmental requirements.
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3. That the regulated entity had a documented history of good faith efforts to
25comply with environmental requirements before implementing its environmental
1management system or before beginning to conduct environmental performance
2evaluations.
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4. That the regulated entity has promptly made appropriate efforts to achieve
4compliance with environmental requirements since implementing its
5environmental management system or since beginning to conduct environmental
6performance evaluations and that action was taken with due diligence.
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5. That the regulated entity exercised reasonable care in identifying violations
8in a timely manner.
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6. That the regulated entity willingly cooperated in any investigation that was
10conducted by this state or a local governmental unit to determine the extent and
11cause of the violation.
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12(9) Access to records. (a) Except as provided in pars. (b) and (c), the
13department shall make any record, report or other information obtained in the
14administration of this section available to the public.
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(b) The department may not reveal to any person that the department has
16received a notice under sub. (2) (a) or the contents of a notice received under sub. (2)
17(a), except that the department may provide reports about notices received under
18sub. (2) (a) as long as regulated entities providing the notices cannot be identified.
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(c) The department shall keep confidential any part of a record, report or other
20information obtained in the administration of this section, other than emission data
21or discharge data, upon a showing satisfactory to the department by any person that
22the part of a record, report or other information would, if made public, divulge a
23method or process that is entitled to protection as a trade secret, as defined in s.
24134.90 (1) (c), of that person.
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1(d) If the department refuses to release information on the grounds that it is
2confidential under par. (c) and a person challenges that refusal, the department shall
3inform the applicant or participant of that challenge. Unless the applicant or
4participant authorizes the department to release the information, the applicant or
5participant shall pay the reasonable costs incurred by this state to defend the refusal
6to release the information.
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(e) Paragraph (c) does not prevent the disclosure of any information to a
8representative of the department for the purpose of administering this section or to
9an officer, employe or authorized representative of the federal government for the
10purpose of administering federal law. When the department provides information
11that is confidential under par. (c) to the federal government, the department shall
12also provide a copy of the application for confidential status.
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13(10) Penalty. (a) Any person who knowingly makes a false statement in a
14report submitted under sub. (3) shall be fined not less than $10 nor more than
15$10,000 or imprisoned for not more than 6 months or both.
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(b) For purposes of this subsection, an act is committed knowingly if it is done
17voluntarily and is not the result of negligence, mistake, accident or circumstances
18that are beyond the control of the person.