AB479-ASA1,21,1110 (d) An association to which a charter has been issued shall report annually to
11the department on the activities that have been engaged in under the charter.
AB479-ASA1,21,1612 (e) The department may, after an opportunity for a hearing, terminate a charter
13if the department determines that the entities in the chartered association are in
14substantial noncompliance with the charter. Any person who has evidence that the
15entities in a chartered association are not in compliance with a charter may ask the
16department to terminate the charter.
AB479-ASA1,21,22 17(7m) Environmental auditors. The department may not approve an outside
18environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the outside
19environmental auditor is certified by the Registrar Accreditation Board of the
20American National Standards Institute or meets criteria concerning education,
21training, experience, and performance that are equal to the criteria in International
22Organization for Standardization standard 14012.
AB479-ASA1,21,25 23(7s) Access to records. (a) Except as provided in par. (c), the department shall
24make any record, report, or other information obtained in the administration of this
25section available to the public.
AB479-ASA1,22,6
1(c) The department shall keep confidential any part of a record, report, or other
2information obtained in the administration of this section, other than emission data
3or discharge data, upon receiving an application for confidential status by any person
4containing a showing satisfactory to the department that the part of a record, report,
5or other information would, if made public, divulge a method or process that is
6entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB479-ASA1,22,117 (d) If the department refuses to release information on the grounds that it is
8confidential under par. (c) and a person challenges that refusal, the department shall
9inform the affected participant of that challenge. Unless the participant authorizes
10the department to release the information, the participant shall pay the reasonable
11costs incurred by this state to defend the refusal to release the information.
AB479-ASA1,22,1712 (e) Paragraph (c) does not prevent the disclosure of any information to a
13representative of the department for the purpose of administering this section or to
14an officer, employee, or authorized representative of the federal government for the
15purpose of administering federal law. When the department provides information
16that is confidential under par. (c) to the federal government, the department shall
17also provide a copy of the application for confidential status.
AB479-ASA1,22,20 18(8) Powers and duties of the department. (a) To facilitate the process under
19sub. (6), the department shall develop model terms that may be used in participation
20contracts.
AB479-ASA1,22,2421 (b) After consultations with interested persons, the department shall annually
22establish a list identifying aspects of superior environmental performance that the
23department will use to identify which letters of intent it will process under sub. (6)
24in the following year and the order in which it will process the letters of intent.
AB479-ASA1,23,4
1(c) The department may promulgate rules for the administration of the
2program. In the rules, the department may specify incentives, that are consistent
3with federal laws and other state laws, that the department may provide to
4participants in tier II of the program.
AB479-ASA1,23,85 (d) The department shall encourage small businesses, agricultural
6organizations, entities that are not subject to environmental requirements, local
7governments, and other entities to form groups to work cooperatively on projects to
8achieve superior environmental performance.
AB479-ASA1,23,99 (dm) The department shall select a logo for the program.
AB479-ASA1,23,1210 (e) The department shall consult with the environmental results council about
11the operation of the program, priorities for the program, and evaluation of the
12program.
AB479-ASA1,23,1713 (f) The department and the department of commerce shall jointly provide
14information about participation contracts and environmental management systems
15to potential participants in the program and to other interested persons. The
16department shall consult with the department of commerce about the
17administration of the program.
AB479-ASA1,23,2518 (g) The department shall collect, process, evaluate, and disseminate data and
19information about environmentally beneficial and innovative practices submitted by
20participants in the program. The department may conduct or direct studies,
21experiments, or research related to the program in cooperation with participants and
22other interested persons. The department may enter into agreements with the
23Robert M. La Follette institute of public affairs at the University of
24Wisconsin-Madison to assist in the promotion, administration, or evaluation of the
25program.
AB479-ASA1,24,4
1(h) The department shall submit a progress report on the program to the
2legislature, in the manner provided in s. 13.172 (2), no later than the first day of the
336th month beginning after the effective date of this paragraph .... [revisor inserts
4date], and every 2 years after it submits the first report.
AB479-ASA1,24,6 5(9) Environmental results council. The environmental results council shall
6advise the department about all of the following:
AB479-ASA1,24,87 (a) The implementation of the program, including the setting of goals for the
8program.
AB479-ASA1,24,119 (b) Evaluating the costs of applying for the program and of entering into a
10participation contract or a charter and the administrative costs of participating in
11the program.
AB479-ASA1,24,1412 (c) Assessing whether incentives provided under a participation contract are
13proportional to the environmental benefits committed to under a participation
14contract.
AB479-ASA1,24,1515 (d) Procedures for evaluating the program.
AB479-ASA1,24,1616 (e) Changes that should be made in the program.
AB479-ASA1,24,19 17(10) Penalty. Any person who intentionally makes a false statement in
18material submitted under this section shall be fined not less than $10 nor more than
19$10,000 or imprisoned for not more than 6 months or both.
AB479-ASA1,24,21 20(11) Sunset. The department may not process or approve any application for
21participation in the program that it receives after July 1, 2007.
AB479-ASA1, s. 6 22Section 6. 299.85 of the statutes is created to read:
AB479-ASA1,24,24 23299.85 Environmental improvement program. (1) Definitions. In this
24section:
AB479-ASA1,25,4
1(a) "Environmental compliance audit" means a systematic, documented, and
2objective review, conducted by or on behalf of the owner or operator of a facility, of
3the environmental performance of the facility, including an evaluation of compliance
4with one or more environmental requirements.
AB479-ASA1,25,65 (am) "Environmental performance" means the effects of a facility on air, water,
6land, natural resources, and human health.
AB479-ASA1,25,77 (c) "Environmental requirement" means a requirement in any of the following:
AB479-ASA1,25,108 1. Chapters 29 to 31, 160 or 280 to 299, a rule promulgated under one of those
9chapters, or a permit, license, other approval, or order issued by the department
10under one of those chapters.
AB479-ASA1,25,1311 2. An ordinance or other legally binding requirement of a local governmental
12unit enacted under authority granted by a state law relating to environmental
13protection.
AB479-ASA1,25,1514 (d) "Facility" means all buildings, equipment, and structures located on a
15single parcel or on adjacent parcels that are owned or operated by the same person.
AB479-ASA1,25,1716 (e) "Local governmental unit" means a city, village, town, county, town sanitary
17district, or metropolitan sewerage district.
AB479-ASA1,25,1918 (f) "Regulated entity" means a public or private entity that is subject to
19environmental requirements.
AB479-ASA1,25,22 20(2) Requirements for participation. A regulated entity qualifies for
21participation in the environmental improvement program with respect to a facility
22owned or operated by the regulated entity if all of the following apply:
AB479-ASA1,25,2423 (a) The regulated entity conducts an environmental compliance audit of the
24facility.
AB479-ASA1,26,5
1(b) The regulated entity notified the department in writing, no fewer than 30
2days before beginning the environmental compliance audit, of the date on which the
3environmental compliance audit would begin, the site or facility or the operations or
4practices at a site or facility to be reviewed, and the general scope of the
5environmental compliance audit.
AB479-ASA1,26,66 (c) The environmental compliance audit complies with sub. (4).
AB479-ASA1,26,77 (e) The regulated entity submits a report as required under sub. (3).
AB479-ASA1,26,128 (f) At the time of submitting a report under sub. (3), the department of justice
9has not, within 2 years, filed a suit to enforce an environmental requirement, and the
10department or a local governmental unit has not, within 2 years, issued a citation
11to enforce an environmental requirement, because of a violation of an environmental
12requirement involving the facility.
AB479-ASA1,26,19 13(3) Audit report. To participate in the environmental improvement program
14with respect to a facility, the regulated entity that owns or operates the facility shall
15submit a report to the department within 45 days after the date of the final written
16report of findings of the environmental compliance audit of the facility. The
17regulated entity shall complete the environmental compliance audit, including the
18final written report of findings, within 365 days after providing the notice under sub.
19(2) (b). The report submitted to the department shall include all of the following:
AB479-ASA1,26,2420 (a) A description of the environmental compliance audit, including who
21conducted the environmental compliance audit, when it was completed, what
22activities and operations were examined, what was revealed by the environmental
23compliance audit, and any other information needed by the department to make the
24report under sub. (9m).
AB479-ASA1,27,3
1(b) A description of all violations of environmental requirements revealed by
2the environmental compliance audit and of the length of time that the violations may
3have continued.
AB479-ASA1,27,54 (c) A description of actions taken or proposed to be taken to correct the
5violations of environmental requirements.
AB479-ASA1,27,86 (d) A commitment to correct the violations of environmental requirements
7within 90 days of submitting the report or according to a compliance schedule
8approved by the department.
AB479-ASA1,27,159 (e) If the regulated entity proposes to take more than 90 days to correct the
10violations of environmental requirements, a proposed compliance schedule that
11contains the shortest reasonable periods for correcting the violations of
12environmental requirements, a statement that justifies the proposed compliance
13schedule, and a description of measures that the regulated entity will take to
14minimize the effects of the violations of environmental requirements during the
15period of the compliance schedule.
AB479-ASA1,27,1816 (em) If the regulated entity proposes to take more than 90 days to correct the
17violations of environmental requirements, the proposed stipulated penalties to be
18imposed if the regulated entity violates the compliance schedule under par. (e).
AB479-ASA1,27,2119 (f) A description of the measures that the regulated entity has taken or will take
20to prevent future violations of environmental requirements and a timetable for
21taking the measures that it has not yet taken.
AB479-ASA1,28,2 22(3m) Public notice; comment period. (a) The department shall provide at least
2330 days for public comment on a compliance schedule and stipulated penalties
24proposed in a report under sub. (3). The department may not approve or issue a

1compliance schedule under sub. (6) or approve stipulated penalties under sub. (6m)
2until after the end of the comment period.
AB479-ASA1,28,53 (b) Before the start of the public comment period under par. (a), the department
4shall provide public notice of the proposed compliance schedule and stipulated
5penalties that does all of the following:
AB479-ASA1,28,116 1. Identifies the regulated entity that submitted the report under sub. (3) and
7the facility at which the violation occurred, describes the environmental
8requirement that was violated, and indicates whether the violation related to
9reporting or another administrative requirement and whether the violation related
10to air, water, solid waste, hazardous waste, or another, specified, aspect of
11environmental regulation.
AB479-ASA1,28,1312 2. Describes the proposed compliance schedule and the proposed stipulated
13penalties.
AB479-ASA1,28,1614 3. Identifies an employee of the department and an employee of the regulated
15entity who may be contacted for additional information about the proposed
16compliance schedule and the proposed stipulated penalties.
AB479-ASA1,28,1917 4. States that comments concerning the proposed compliance schedule and the
18proposed stipulated penalties may be submitted to the department during the
19comment period and states the last date of the comment period.
AB479-ASA1,29,2 20(4) Environmental compliance audit. A regulated entity does not qualify for
21participation in the environmental improvement program unless the final written
22report of findings of the environmental compliance audit is labeled "environmental
23compliance audit report," is dated, and, if the environmental compliance audit
24identifies violations of environmental requirements, includes a plan for corrective
25action. A regulated entity may use a form developed by the regulated entity, by a

1consultant, or by the department for the final written report of findings of the
2environmental compliance audit.
AB479-ASA1,29,12 3(6) Compliance schedules. (a) If the department receives a report under sub.
4(3) that contains a proposed compliance schedule under sub. (3) (e), the department
5shall review the proposed compliance schedule. The department may approve the
6compliance schedule as submitted or propose a different compliance schedule. If the
7regulated entity does not agree to implement a compliance schedule proposed by the
8department, the department shall schedule a meeting with the regulated entity to
9attempt to reach an agreement on a compliance schedule. If the department and the
10regulated entity do not reach an agreement on a compliance schedule, the
11department may issue a compliance schedule. A compliance schedule under this
12subsection is subject to review under ch. 227.
AB479-ASA1,29,1613 (b) The department may not approve or issue a compliance schedule that
14extends longer than 12 months beyond the date of approval of the compliance
15schedule. The department shall consider the following factors in determining
16whether to approve a compliance schedule:
AB479-ASA1,29,1717 1. The environmental and public health consequences of the violations.
AB479-ASA1,29,2018 2. The time needed to implement a change in raw materials or method of
19production if that change is an available alternative to other methods of correcting
20the violations.
AB479-ASA1,29,2221 3. The time needed to purchase any equipment or supplies that are needed to
22correct the violations.
AB479-ASA1,30,5 23(6m) Stipulated penalties. (a) If the department receives proposed stipulated
24penalties under sub. (3) (em), the department shall review the proposed stipulated
25penalties. The department may approve the stipulated penalties as submitted or

1propose different stipulated penalties. If the regulated entity does not agree to
2stipulated penalties proposed by the department, the department shall schedule a
3meeting with the regulated entity to attempt to reach an agreement on stipulated
4penalties. If no agreement is reached, there are no stipulated penalties for violations
5of the compliance schedule.
AB479-ASA1,30,86 (b) Stipulated penalties approved under par. (a) shall specify a period, not
7longer than 6 months beyond the end of the compliance schedule, during which the
8stipulated penalties will apply.
AB479-ASA1,30,13 9(7) Deferred civil enforcement. (a) 1. For at least 90 days after the
10department receives a report that meets the requirements in sub. (3), this state may
11not begin a civil action to collect forfeitures for violations of environmental
12requirements that are disclosed in the report by a regulated entity that qualifies
13under sub. (2) for participation in the environmental improvement program.
AB479-ASA1,30,1814 2. If the regulated entity corrects violations that are disclosed by a regulated
15entity that qualifies under sub. (2) for participation in the environmental
16improvement program in a report that meets the requirements of sub. (3) within 90
17days after the department receives a report that meets the requirements of sub. (3),
18this state may not bring a civil action to collect forfeitures for the violations.
AB479-ASA1,31,319 3. This state may not begin a civil action to collect forfeitures for violations
20covered by a compliance schedule that is approved under sub. (6) during the period
21of the compliance schedule if the regulated entity is not violating the compliance
22schedule. If the regulated entity violates the compliance schedule, the department
23may collect any stipulated penalties during the period in which the stipulated
24penalties apply. This state may begin civil action to collect forfeitures for violations
25of environmental requirements that are not corrected by the end of the period in

1which the stipulated penalties apply. If the regulated entity violates the compliance
2schedule and there are no stipulated penalties, this state may begin a civil action to
3collect forfeitures for the violations.
AB479-ASA1,31,64 4. If the department approves a compliance schedule under sub. (6) and the
5regulated entity corrects the violations according to the compliance schedule, this
6state may not bring a civil action to collect forfeitures for the violations.
AB479-ASA1,31,97 (b) Notwithstanding par. (a), this state may at any time begin a civil action to
8collect a forfeiture for a violation of an environmental requirement if any of the
9following apply:
AB479-ASA1,31,1110 1. The violation presents an imminent threat to public health or the
11environment or may cause serious harm to public health or the environment.
AB479-ASA1,31,1312 2. The department discovers the violation before submission of a report under
13sub. (3).
AB479-ASA1,31,1514 3. The violation resulted in a substantial economic benefit that gives the
15regulated entity a clear advantage over its business competitors.
AB479-ASA1,31,1816 4. The violation is identified through monitoring or sampling required by
17permit, statute, rule, regulation, judicial or administrative order, or consent
18agreement.
AB479-ASA1,31,2219 5. The violation is a violation of the same environmental requirement at the
20same facility and committed in the same manner as a violation previously reported
21by the regulated entity under sub. (3), unless the violation is caused by a change in
22business processes or activities.
AB479-ASA1,32,7 23(8) Consideration of actions by regulated entity. If the department receives
24a report that complies with sub. (3) from a regulated entity that qualifies under sub.
25(2) for participation in the environmental improvement program, and the report

1discloses a potential criminal violation of an environmental requirement, the
2department and the department of justice shall take into account the diligent actions
3of, and reasonable care taken by, the regulated entity to comply with environmental
4requirements in deciding whether to pursue a criminal enforcement action and what
5penalty should be sought. In determining whether a regulated entity acted with due
6diligence and reasonable care, the department and the department of justice shall
7consider whether the regulated entity has demonstrated any of the following:
AB479-ASA1,32,98 (a) That the regulated entity took corrective action that was timely when the
9violation was discovered.
AB479-ASA1,32,1110 (b) That the regulated entity exercised reasonable care in attempting to
11prevent the violation and to ensure compliance with environmental requirements.
AB479-ASA1,32,1412 (c) That the regulated entity had a documented history of good faith efforts to
13comply with environmental requirements before beginning to conduct
14environmental compliance audits.
AB479-ASA1,32,1715 (d) That the regulated entity has promptly made appropriate efforts to achieve
16compliance with environmental requirements since beginning to conduct
17environmental compliance audits and that action was taken with due diligence.
AB479-ASA1,32,1918 (e) That the regulated entity exercised reasonable care in identifying violations
19in a timely manner.
AB479-ASA1,32,2220 (f) That the regulated entity willingly cooperated in any investigation that was
21conducted by this state or a local governmental unit to determine the extent and
22cause of the violation.
AB479-ASA1,32,25 23(9) Access to records. (a) Except as provided in par. (c), the department shall
24make any record, report, or other information obtained in the administration of this
25section available to the public.
AB479-ASA1,33,6
1(c) The department shall keep confidential any part of a record, report, or other
2information obtained in the administration of this section, other than emission data
3or discharge data, upon receiving an application for confidential status by any person
4containing a showing satisfactory to the department that the part of a record, report,
5or other information would, if made public, divulge a method or process that is
6entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB479-ASA1,33,127 (d) If the department refuses to release information on the grounds that it is
8confidential under par. (c) and a person challenges that refusal, the department shall
9inform the affected regulated entity of that challenge. Unless the regulated entity
10authorizes the department to release the information, the regulated entity shall pay
11the reasonable costs incurred by this state to defend the refusal to release the
12information.
AB479-ASA1,33,1813 (e) Paragraph (c) does not prevent the disclosure of any information to a
14representative of the department for the purpose of administering this section or to
15an officer, employee or authorized representative of the federal government for the
16purpose of administering federal law. When the department provides information
17that is confidential under par. (c) to the federal government, the department shall
18also provide a copy of the application for confidential status.
AB479-ASA1,33,24 19(9m) Annual report. The department shall submit an annual report under s.
2013.172 (3) concerning the environmental improvement program to the standing
21committees of the legislature with jurisdiction over environmental matters. The
22department shall submit the first annual report no later than the first day of the 24th
23month beginning after the effective date of this subsection .... [revisor inserts date].
24The department shall include all of the following in the annual report:
AB479-ASA1,34,3
1(a) The number of reports received under sub. (3), including the number of
2reports by county of the facility involved and by whether the regulated entity is
3governmental or nongovernmental.
AB479-ASA1,34,74 (b) The number of violations reported by type, including the number of
5violations related to air, water, solid waste, hazardous waste, and to other specified
6aspects of environmental regulation and the number of violations involving each of
7the following:
AB479-ASA1,34,88 1. Failure to have a required permit or other approval.
AB479-ASA1,34,99 2. Failure to have a required plan.
AB479-ASA1,34,1010 3. Violation of a condition of a permit or other approval.
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