SB45: Bill Text

SB45, s. 809 Section 809. 30.206 (1r) (title) of the statutes is created to read:

SB45,526,17 30.206 (1r) (title) Hearings.

SB45, s. 810 Section 810. 30.206 (1r) (b) of the statutes is created to read:

SB45,527,4 30.206 (1r) (b) Upon receipt of an application for a general permit, the department shall either order a public hearing or provide notice stating that it will proceed on the application without a hearing if, within 30 days after the publication of the notice, no request for a hearing concerning the application is received. The department shall provide a copy of the notice to the applicant for the permit, to the clerk of each municipality in which the general permit will apply and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in any newspaper designated by the department that is likely to give notice in any area to be affected. The applicants shall file proof of publication with the department.

SB45, s. 811 Section 811. 30.206 (1r) (c) of the statutes is created to read:

SB45,527,9 30.206 (1r) (c) If the department orders a public hearing, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given a copy of the notice under par. (b) and to each person requesting the hearing.

SB45, s. 812 Section 812. 30.206 (1r) (d) of the statutes is created to read:

SB45,527,15 30.206 (1r) (d) The applicant for the permit shall publish a class 1 notice under ch. 985 of the public hearing in any newspaper designated by the department that is likely to give notice in any area to be affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.

SB45, s. 813 Section 813. 30.206 (2) of the statutes is amended to read:

SB45,527,21 30.206 (2) Conditions on permits. A general permit issued under this section may include any conditions determined by the department to be reasonably necessary to prevent environmental pollution, as defined in s. 299.01 (4), and to protect the public interest interests and public rights in navigable waters and the rights of other riparian owners.

SB45, s. 814 Section 814. 30.206 (3) of the statutes is repealed.

SB45, s. 815 Section 815. 30.206 (3m) of the statutes is repealed.

SB45, s. 816 Section 816. 30.206 (4) of the statutes is repealed.

SB45, s. 817 Section 817. 30.206 (5) (title) of the statutes is created to read:

SB45,528,2 30.206 (5) (title) Period of validity; revocations; termination of structures or activities.

SB45, s. 818 Section 818. 30.206 (5) of the statutes is renumbered 30.206 (5) (c) and amended to read:

SB45,528,9 30.206 (5) (c) Failure of an applicant for a general permit under this section to follow the procedural requirements of under this section may result in forfeiture but may not, by itself, result in and the department may seek abatement of the activity if the department determines that the activity injures the public rights or public interests in navigable waters.

SB45, s. 819 Section 819. 30.206 (5) (a) of the statutes is created to read:

SB45,528,13 30.206 (5) (a) A general permit shall be valid for the period of time specified by the department on the permit but may not be valid for longer than 5 years from the date of issuance.

SB45, s. 820 Section 820. 30.206 (5) (b) of the statutes is created to read:

SB45,528,17 30.206 (5) (b) The department may revoke a general permit if it determines that any of the activities authorized under the general permit injures the public rights or public interests in the navigable waters.

SB45, s. 821 Section 821. 30.206 (5) (d) of the statutes is created to read:

SB45,528,23 30.206 (5) (d) A person may maintain structure or deposit that was placed in a body of water or otherwise continue an activity under the authority of a general permit issued under this section after a general permit expires or is revoked unless the department determines that the structure, deposit or activity injures the public rights or public interests in navigable waters and orders it removed or terminated.

SB45, s. 822 Section 822. 30.206 (6) of the statutes is amended to read:

SB45,529,4 30.206 (6) Option to request individual permit. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this chapter or ch. 31 in lieu of seeking authorization under the general permit.

SB45, s. 823 Section 823. 30.206 (7) of the statutes is repealed.

SB45, s. 824 Section 824. 30.206 (8m) of the statutes is created to read:

SB45,529,10 30.206 (8m) General permits under pilot program. Any permit issued under s. 30.207, 1997 stats., and in effect on the effective date of this subsection .... [revisor inserts date], shall remain in effect. Subsections (3b), (5) and (6) apply to such a permit.

SB45, s. 825 Section 825. 30.207 (title) of the statutes is repealed.

SB45, s. 826 Section 826. 30.207 (1) of the statutes is repealed.

SB45, s. 827 Section 827. 30.207 (1m) of the statutes is repealed.

SB45, s. 828 Section 828. 30.207 (2) of the statutes is repealed.

SB45, s. 829 Section 829. 30.207 (3) (title) of the statutes is renumbered 30.206 (1g) (title) and amended to read:

SB45,529,17 30.206 (1g) (title) Application for general permit permits.

SB45, s. 830 Section 830. 30.207 (3) (a) of the statutes is renumbered 30.206 (1g) (a) and amended to read:

SB45,530,5 30.206 (1g) (a) Any local entity, as defined in s. 30.77 (3) (dm), or any group of 10 riparian owners who will be affected by the issuance of a general permit, or any contractor who is or has been involved in the construction of structures or along navigable waters may apply for a municipality, public inland lake protection and rehabilitation district or any town sanitary district may submit an application to the department for general permit under this section authorizing one or more activities statewide or in a region in which the municipality or district is located. Any group of at least 10 riparian owners may submit an application for a general permit under this section authorizing one or more activities statewide or in a region where the riparian owners will be affected. The fee specified in s. 30.28 (2) (b) 1. shall accompany the application.

SB45, s. 831 Section 831. 30.207 (3) (b) of the statutes is repealed.

SB45, s. 832 Section 832. 30.207 (3) (c) of the statutes is repealed.

SB45, s. 833 Section 833. 30.207 (3) (d) (intro.) of the statutes is renumbered 30.206 (1g) (b) (intro.).

SB45, s. 834 Section 834. 30.207 (3) (d) 1. of the statutes is renumbered 30.206 (1g) (b) 1.

SB45, s. 835 Section 835. 30.207 (3) (d) 2. of the statutes is renumbered 30.206 (1g) (b) 2. and amended to read:

SB45,530,15 30.206 (1g) (b) 2. Specify the department's plans for proceeding on the application. The plans shall include a timetable for the notice and hearing required under sub. (4).

SB45, s. 836 Section 836. 30.207 (4) of the statutes is repealed.

SB45, s. 837 Section 837. 30.207 (5) of the statutes is renumbered 30.206 (1r) (a) and amended to read:

SB45,531,2 30.206 (1r) (a) If an activity for which an application for which a general permit has been submitted would be subject to the hearing and notice provisions under s. 30.02 (3) and (4) for the issuance of an individual permit, the department shall comply with those provisions. Notice The department shall follow the notice and hearing shall be required on procedures under pars. (b) to (d) for an application for a general permit under this section only if a notice and hearing are required under s. 30.02 (3) and (4) for the activity as part of an application for an individual permit under this chapter.

SB45, s. 838 Section 838. 30.207 (6) of the statutes is repealed.

SB45, s. 839 Section 839. 30.207 (7) (title) of the statutes is renumbered 30.206 (3b) (title) and amended to read:

SB45,531,6 30.206 (3b) (title) Activities under general permits.

SB45, s. 840 Section 840. 30.207 (7) (a) of the statutes is renumbered 30.206 (3b) (a) and amended to read:

SB45,531,17 30.206 (3b) (a) At least 15 days before beginning the activity that is authorized by a general permit under this section, the person who wishes to conduct the activity an activity for which the department has issued a general permit shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2. The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site shall specify the location where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

SB45, s. 841 Section 841. 30.207 (7) (b) of the statutes is renumbered 30.206 (3b) (b) and amended to read:

SB45,532,2 30.206 (3b) (b) Upon receipt of a notice that complies with par. (a), the department may inform the person that the activity may not be conducted under the general permit if conditions at the site where the activity would be conducted would cause adverse environmental impact, injure public rights and public interests or cause environmental pollution, as defined in s. 299.01 (4). The department shall respond to the person within 15 days after receiving the notice. Failure of the department to respond within 15 days shall constitute the department's approval of the activity under the general permit in navigable waters.

SB45, s. 842 Section 842. 30.207 (7) (c) of the statutes is renumbered 30.206 (3b) (c) and amended to read:

SB45,532,8 30.206 (3b) (c) A person conducting an activity that is authorized by a general permit under this section shall comply with any standard contained in an applicable local ordinances ordinance that is at least as restrictive as the standards contained in the general permit.

SB45, s. 843 Section 843. 30.207 (8) of the statutes is repealed.

SB45, s. 844 Section 844. 30.207 (9) (intro.) of the statutes is renumbered 30.279 and amended to read:

SB45,532,19 30.279 Access Departmental access to property. For inspection the purposes of administering and enforcing this chapter and the rules promulgated under this chapter, an employe or agent of the department shall have free access during reasonable hours to inspect any site where an project or activity is proposed to be, is or has been authorized under a general undertaken pursuant to a permit issued under this section if the employe or agent shows to any person who is present at the site and who owns the site or is otherwise in control of the site either of the following: or other approval or a contract under this chapter.

SB45, s. 845 Section 845. 30.207 (9) (a) of the statutes is repealed.

SB45, s. 846 Section 846. 30.207 (9) (b) of the statutes is repealed.

SB45, s. 847 Section 847. 30.207 (10) of the statutes is repealed.

SB45, s. 848 Section 848. 30.28 (1) of the statutes is amended to read:

SB45,533,2 30.28 (1) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 30.206 and 30.21 to 30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.

SB45, s. 849 Section 849. 30.28 (2) (b) 1. of the statutes is amended to read:

SB45,533,5 30.28 (2) (b) 1. For an application for a general permit submitted under s. 30.207 (3) 30.206 (1g), the fee shall be $2,000.

SB45, s. 850 Section 850. 30.28 (2) (b) 2. of the statutes is amended to read:

SB45,533,8 30.28 (2) (b) 2. For a notice submitted under s. 30.207 (7) 30.206 (3b), the fee shall be $100.

SB45, s. 851 Section 851. 30.28 (2m) (am) of the statutes is amended to read:

SB45,533,12 30.28 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6) 30.206 (1g).

SB45, s. 852 Section 852. 30.28 (2m) (b) of the statutes is amended to read:

SB45,533,17 30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7) 30.206 (3b) after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

SB45, s. 853 Section 853. 30.28 (2m) (d) of the statutes is amended to read:

SB45,533,22 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207 30.206.

SB45, s. 854 Section 854. 30.50 (4a) of the statutes is created to read:

SB45,534,3 30.50 (4a) "Expedited service" means a process under which a person is able to renew a certificate of number or a certificate of registration in person and with only one appearance at the site where certificates are renewed.

SB45, s. 855 Section 855. 30.52 (1m) of the statutes is created to read:

SB45,534,6 30.52 (1m) Renewals. (a) Agents. For the renewal of certificates of number or certificates of registration, the department may do any of the following:

SB45,534,7 1. Directly renew the certificates.

SB45,534,9 2. Appoint, as an agent of the department, the clerk of one or more counties to renew the certificates.

SB45,534,11 3. Appoint persons who are not employes of the department to renew the certificates as agents of the department.

SB45,534,13 (b) Agent activities. 1. The clerk of any county appointed under par. (a) 2. may accept the appointment.

SB45,534,15 2. The department may promulgate rules regulating the activities of persons appointed under par (a) 2. and 3.

SB45,534,18 (c) Expedited service. The department may establish an expedited service to be provided by the department and agents appointed under par. (a) 2. or 3. for the renewal of certificates of number or certificates of registration.

SB45,534,22 (d) Fees. In addition to the applicable renewal fee under sub. (3), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of certificates of number or certificates of registration that are renewed in any of the following manners:

SB45,534,23 1. By agents appointed under par. (a) 2. or 3.

SB45,534,24 2. By the department using the expedited service.

SB45,535,4 (e) Remittal of fees. An agent appointed under par. (a) 2. or 3. shall remit to the department $2 of each $3 fee collected under par. (d). Any fees remitted to or collected by the department under par. (d) shall be credited to the appropriation account under s. 20.370 (9) (hu).

SB45, s. 856 Section 856. 30.52 (2) of the statutes is amended to read:

SB45,535,11 30.52 (2) Certification and registration period. The certification and registration period runs for 2 3 years, commencing on April 1 of the year in which the certificate of number or registration is issued and, unless sooner terminated or discontinued in accordance with this chapter, expiring on March 31 of the 2nd 3rd year after issuance. A certificate of number or registration is valid only for the period for which it is issued.

SB45, s. 857 Section 857. 30.52 (3) (b) of the statutes is amended to read: