AB1-ASA1-AA1,234,119
b. Improving the environmental performance of the applicant, with respect to
10each covered facility or activity, in aspects of environmental performance that are not
11regulated under chs. 29 to 31, 160, and 280 to 299.
AB1-ASA1-AA1,234,1212
c. Voluntarily restoring, enhancing, or preserving natural resources.
AB1-ASA1-AA1,234,1613
3. Explain to the department the rationale for the choices of objectives under
14subd. 2. and describe any consultations with residents of the areas in which each
15covered facility or activity is located or performed and with other interested persons
16concerning those objectives.
AB1-ASA1-AA1,234,2117
4. Conduct, or commit itself to conducting, annual environmental management
18system audits, with every 3rd environmental management system audit performed
19by an outside environmental auditor approved by the department, and commit itself
20to submitting an annual report on the environmental management system audit to
21the department in compliance with sub. (6m) (a).
AB1-ASA1-AA1,234,2322
5. Commit itself to submitting to the department an annual report on progress
23toward meeting the objectives under subd. 2.
AB1-ASA1-AA1,235,2
24(4) Process for tier i. (a) Upon receipt of an application for participation in
25tier I of the program, the department shall provide public notice about the
1application in the area in which each covered facility or activity is located or
2performed.
AB1-ASA1-AA1,235,43
(b) After providing public notice under par. (a) about an application, the
4department may hold a public informational meeting on the application.
AB1-ASA1-AA1,235,105
(c) The department shall approve or deny an application within 60 days after
6providing notice under par. (a) or, if the department holds a public informational
7meeting under par. (b), within 60 days after that meeting. The department may limit
8the number of participants in tier I of the program, or limit the extent of participation
9by a particular applicant, based on the department's determination that the
10limitation is in the best interest of the program.
AB1-ASA1-AA1,235,1211
(d) A decision by the department under par. (c) to approve or deny an
12application is not subject to review under ch. 227.
AB1-ASA1-AA1,235,14
13(4m) Incentives for tier i. (a) The department shall issue a numbered
14certificate of recognition to each participant in tier I of the program.
AB1-ASA1-AA1,235,1615
(b) The department shall identify each participant in tier I of the program on
16an Internet site maintained by the department.
AB1-ASA1-AA1,235,1917
(c) The department shall annually provide notice of the participation of each
18participant in tier I of the program to newspapers in the area in which each covered
19facility or activity is located.
AB1-ASA1-AA1,235,2220
(d) A participant in tier I of the program may use an environmental results
21program logo selected by the department on written materials produced by the
22participant.
AB1-ASA1-AA1,236,223
(e) The department shall assign an employee of the department, who is
24acceptable to the participant, to serve as the contact with the department for a
25participant in tier I of the program for communications concerning participation in
1the program, for any approvals that the participant is required to obtain, and for
2technical assistance.
AB1-ASA1-AA1,236,93
(f) After a participant in tier I of the program implements an environmental
4management system that complies with sub. (3) (d) 1., the department shall conduct
5any inspections of the participant's covered facilities or activities that are required
6under chs. 29 to 31, 160, and 280 to 295 at the lowest frequency permitted under
7those chapters, except that the department may conduct an inspection whenever it
8has reason to believe that a participant is out of compliance with a requirement in
9an approval or with an environmental requirement.
AB1-ASA1-AA1,236,14
10(5) Eligibility for tier ii. (a)
General. An applicant is eligible for tier II of the
11program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
12consists of a group of entities, each requirement in pars. (b) to (d) applies to each
13entity in the group. An applicant for tier II of the program shall identify the facilities
14or activities that it intends to include in the program.
AB1-ASA1-AA1,236,1615
(b)
Enforcement record. To be eligible to participate in tier II of the program,
16an applicant shall demonstrate all of the following:
AB1-ASA1-AA1,236,2217
1. That, within 120 months before the date of application, no judgment of
18conviction was entered against the applicant, any managing operator of the
19applicant, or any person with a 25% or more ownership interest in the applicant for
20a criminal violation involving a covered facility or activity that resulted in
21substantial harm to public health or the environment or that presented an imminent
22threat to public health or the environment.
AB1-ASA1-AA1,237,223
2. That, within 60 months before the date of application, no civil judgment was
24entered against the applicant, any managing operator of the applicant, or any person
25with a 25% or more ownership interest in the applicant for a violation involving a
1covered facility or activity that resulted in substantial harm to public health or the
2environment.
AB1-ASA1-AA1,237,73
3. That, within 24 months before the date of application, the department of
4justice has not filed a suit to enforce an environmental requirement, and the
5department of natural resources has not issued a citation to enforce an
6environmental requirement, because of a violation involving a covered facility or
7activity.
AB1-ASA1-AA1,237,98
(c)
Environmental management system. To be eligible to participate in tier II
9of the program, an applicant shall do all of the following:
AB1-ASA1-AA1,237,1110
1. Demonstrate that it has implemented an environmental management
11system, for each covered facility or activity, that is all of the following:
AB1-ASA1-AA1,237,1412
a. In compliance with the standards for environmental management systems
13issued by the International Organization for Standardization or determined by the
14department to be a functionally equivalent environmental management system.
AB1-ASA1-AA1,237,1715
b. Determined by the department to be appropriate to the nature, scale, and
16environmental impacts of the applicant's operations related to to each covered
17facility or activity.
AB1-ASA1-AA1,237,2118
2. Commit itself to having an outside environmental auditor approved by the
19department conduct an annual environmental management system audit and to
20submitting an annual report on the environmental management system audit to the
21department in compliance with sub. (6m) (a).
AB1-ASA1-AA1,237,2522
3. Commit itself to annually conducting, or having another person conduct, an
23audit of compliance with environmental requirements that are applicable to the
24covered facilities and to reporting the results of the audit to the department in
25compliance with sub. (6m) (a).
AB1-ASA1-AA1,238,4
1(d)
Superior environmental performance. To be eligible to participate in tier II
2of the program, an applicant shall demonstrate a record of superior environmental
3performance and shall describe the measures that it proposes to take to maintain and
4improve its superior environmental performance.
AB1-ASA1-AA1,238,9
5(6) Process for tier ii. (a)
Letter of intent. To apply for participation in tier
6II of the program, an entity shall submit a letter of intent to the department. In
7addition to providing information necessary to show that the applicant satisfies the
8requirements in sub. (5), the applicant shall do all of the following in the letter of
9intent:
AB1-ASA1-AA1,238,1310
1. Describe the involvement of interested persons in developing the proposal
11for maintaining and improving the applicant's superior environmental performance,
12identify the interested persons, and describe the interests that those person have in
13the applicant's participation in the program.
AB1-ASA1-AA1,238,1514
2. Outline the provisions that it proposes to include in the participation
15contract.
AB1-ASA1-AA1,238,1816
3. Explain how the measures that the applicant proposes to take to maintain
17and improve its superior environmental performance are proportional to the
18incentives that it proposes to receive under the participation contract.
AB1-ASA1-AA1,238,2019
(b)
Limitation. The department may limit the number of letters of intent that
20it processes based on the staff resources available.
AB1-ASA1-AA1,238,2421
(c)
Notice. If the department decides to process a letter of intent, within 90 days
22of receiving the letter of intent the department shall provide public notice about the
23letter of intent in the area in which each covered facility or activity is located or
24performed.
AB1-ASA1-AA1,239,3
1(d)
Public meeting. After providing public notice under par. (c) about a letter
2of intent, the department may hold a public informational meeting on the letter of
3intent.
AB1-ASA1-AA1,239,114
(e)
Request to participate. Within 30 days after the public notice under par. (c),
5interested persons may request the department to grant them authorization to
6participate in the negotiations under par. (f). A person who makes a request under
7this paragraph shall describe the person's interests in the issues raised by the letter
8of intent. The department shall determine whether a person who makes a request
9under this paragraph may participate in the negotiations under par. (f) based on
10whether the person has demonstrated sufficient interest in the issues raised by the
11letter of intent to warrant that participation.
AB1-ASA1-AA1,239,1712
(f)
Negotiations. If the department determines that an applicant satisfies the
13requirements in sub. (5), the department may begin negotiations concerning a
14participation contract with the applicant and with any persons to whom the
15department granted permission under par. (e). The department may begin the
16negotiations no sooner than 30 days after providing public notice under par. (c) about
17the applicant's letter of intent.
AB1-ASA1-AA1,239,2218
(g)
Termination of negotiations. The department may terminate negotiations
19with an applicant concerning a participation contract and the decision to terminate
20negotiations is not subject to review under ch. 227. The department shall conclude
21negotiations within 12 months of beginning negotiations unless the applicant and
22the department agree to an extension.
AB1-ASA1-AA1,240,223
(h)
Notice of proposed contract. If negotiations under par. (f) result in a
24proposed participation contract, the department shall provide public notice about
1the proposed participation contract in the area in which each covered facility or
2activity is located or performed.
AB1-ASA1-AA1,240,53
(i)
Meeting on proposed contract. After providing public notice under par. (h)
4about a proposed participation contract, the department may hold a public
5informational meeting on the proposed participation contract.
AB1-ASA1-AA1,240,256
(j)
Participation contract. Within 30 days after providing notice under par. (h)
7or, if the department holds a public informational meeting under par. (i), within 30
8days after that meeting, the department shall decide whether to enter into a
9participation contract with an applicant, unless the applicant and the department
10agree to an extension beyond 30 days. In a participation contract, the department
11shall require that the participant maintain the environmental management system
12described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The
13department may not reduce the frequency of required inspections or monitoring as
14an incentive in a participation contract if the audit under sub. (5) (c) 3. is conducted
15by a person other than an outside environmental auditor. The department shall
16ensure that the incentives provided under a participation contract are proportional
17to the environmental benefits that will be provided by the participant under the
18participation contract. The department shall include in a participation contract
19remedies that apply if a party fails to comply with the participation contract. The
20term of a participation contract may not be less than 3 years or more than 10 years,
21with opportunity for renewal for additional terms of the same length as the original
22term upon agreement of the parties. The term of a participation contract may not
23exceed 5 years if the participation contract incorporates, modifies, or otherwise
24affects the terms or conditions of a permit issued under s. 283.31, 283.33, or 285.62,
25unless federal and state law authorize a longer term for the permit.
AB1-ASA1-AA1,241,3
1(k)
Review of decision. Notwithstanding s. 227.42, there is no right to an
2administrative hearing on the department's decision to enter into a participation
3contract under par. (j), but the decision is subject to judicial review.
AB1-ASA1-AA1,241,7
4(6m) Compliance reports and deferred civil enforcement. (a)
Compliance
5reports. If an audit under sub. (3) (d) 4. or (5) (c) 2. or 3. reveals any violations of
6environmental requirements, the participant shall include all of the following in the
7report of the results of the audit:
AB1-ASA1-AA1,241,88
1. A description of all of the violations.
AB1-ASA1-AA1,241,109
2. A description of the actions taken or proposed to be taken to correct the
10violations identified in subd. 1.
AB1-ASA1-AA1,241,1311
3. A commitment to correct the violations identified in subd. 1. within 90 days
12of submitting the report or according to a compliance schedule approved by the
13department.
AB1-ASA1-AA1,241,2014
4. If the participant proposes to take more than 90 days after submitting the
15report to correct the violations identified in subd. 1., a proposed compliance schedule
16that contains the shortest reasonable periods for correcting the violations, a
17statement that justifies the proposed compliance schedule, a description of measures
18that the participant will take to minimize the effects of the violations during the
19period of the compliance schedule, and proposed stipulated penalties to be imposed
20if the participant violates the proposed compliance schedule.
AB1-ASA1-AA1,241,2221
5. A description of the measures that the participant has taken or will take to
22prevent future violations.
AB1-ASA1-AA1,242,823
(b)
Compliance schedules. 1. If the department receives a report under par. (a)
24that contains a proposed compliance schedule under par. (a) 4., the department shall
25review the proposed compliance schedule. The department may approve the
1compliance schedule as submitted or propose a different compliance schedule. If the
2participant does not agree to implement a compliance schedule proposed by the
3department, the department shall schedule a meeting with the participant to
4attempt to reach an agreement on a compliance schedule. If the department and the
5participant do not reach an agreement on a compliance schedule, the department
6shall terminate the participation of the participant in the program. If the parties
7agree to a compliance schedule, the participant shall incorporate the compliance
8schedule into its environmental management system.
AB1-ASA1-AA1,242,129
2. The department may not approve a compliance schedule that extends longer
10than 12 months beyond the date of approval of the compliance schedule. The
11department shall consider the following factors in determining whether to approve
12a compliance schedule:
AB1-ASA1-AA1,242,1313
a. The environmental and public health consequences of the violations.
AB1-ASA1-AA1,242,1614
b. The time needed to implement a change in raw materials or method of
15production if that change is an available alternative to other methods of correcting
16the violations.
AB1-ASA1-AA1,242,1817
c. The time needed to purchase any equipment or supplies that are needed to
18correct the violations.
AB1-ASA1-AA1,243,219
(c)
Stipulated penalties. 1. If the department receives proposed stipulated
20penalties under par. (a) 4., the department shall review the proposed stipulated
21penalties. The department may approve the stipulated penalties as submitted or
22propose different stipulated penalties. If the participant does not agree to stipulated
23penalties proposed by the department, the department shall schedule a meeting with
24the participant to attempt to reach an agreement on stipulated penalties. If no
1agreement is reached, there are no stipulated penalties for violations of the
2compliance schedule.
AB1-ASA1-AA1,243,63
(d)
Deferred civil enforcement. 1. a. If a participant in the program corrects
4violations that are disclosed in a report that meets the requirements of par. (a) within
590 days after the department receives the report, this state may not bring a civil
6action to collect forfeitures for the violations.
AB1-ASA1-AA1,243,157
b. This state may not begin a civil action to collect forfeitures for violations
8covered by a compliance schedule that is approved under par. (b) during the period
9of the compliance schedule if the participant is not violating the compliance schedule.
10If the participant violates the compliance schedule and there are stipulated
11penalties, the department may collect any stipulated penalties or may terminate
12participation in the program. If the participant violates the compliance schedule and
13there are no stipulated penalties, the department may terminate participation in the
14program. After the department terminates participation in the program, this state
15may begin a civil action to collect forfeitures for the violations.
AB1-ASA1-AA1,243,1816
c. If the department approves a compliance schedule under par. (b) and the
17participant corrects the violations according to the compliance schedule, this state
18may not bring a civil action to collect forfeitures for the violations.
AB1-ASA1-AA1,243,2019
2. Notwithstanding subd. 1., this state may at any time begin a civil action to
20collect forfeitures for violations if any of the following apply:
AB1-ASA1-AA1,243,2221
a. The violations present an imminent threat to public health or the
22environment or may cause serious harm to public health or the environment.
AB1-ASA1-AA1,243,2423
b. The department discovers the violations before submission of a report that
24meets the requirement of par. (a).
AB1-ASA1-AA1,244,3
1(7) Suspension or termination of participation. (a) The department may
2suspend or terminate the participation of a participant in the program at the request
3of the participant.
AB1-ASA1-AA1,244,94
(b) The department may terminate the participation of a participant in the
5program if a judgment is entered against the participant, any managing operator of
6the participant, or any person with a 25% or more ownership interest in the
7participant for a criminal or civil violation involving a covered facility or activity that
8resulted in substantial harm to public health or the environment or that presented
9an imminent threat to public health or the environment.
AB1-ASA1-AA1,244,1610
(c) The department may suspend the participation of a participant in the
11program if the department determines that the participant, any managing operator
12of the participant, or any person with a 25% or more ownership interest in the
13participant committed a criminal or civil violation involving a covered facility or
14activity that resulted in substantial harm to public health or the environment or that
15presented an imminent threat to public health or the environment and the
16department refers the matter to the department of justice for prosecution.
AB1-ASA1-AA1,244,2117
(d) The department may suspend or terminate the participation of a
18participant in tier I of the program if the participant does not implement, or fails to
19maintain, the environmental management system described in sub. (3) (d) 1., fails
20to conduct annual audits described in sub. (3) (d) 4., or fails to submit annual reports
21described in sub. (3) (d) 5.
AB1-ASA1-AA1,244,2422
(e) The department may, after an opportunity for a hearing, terminate a
23participation contract if the department determines that the participant is in
24substantial noncompliance with the participation contract.
AB1-ASA1-AA1,245,3
1(f) A person who is not a party to a participation contract, but who believes that
2a participant is in substantial noncompliance with a participation contract, may ask
3the department to terminate a participation contract under par. (e).
AB1-ASA1-AA1,245,10
4(7e) Charters. (a) The department may issue an environmental results
5charter to an association of entities to assist the entities to participate in tier I or tier
6II of the program and to achieve superior environmental performance. An
7association to which a charter is issued may consist of private entities, public
8entities, or a combination of private and public entities. An association to which a
9charter is issued may be organized on any basis that helps to achieve superior
10environmental performance.
AB1-ASA1-AA1,245,1511
(b) In a charter the entities in the association shall describe the goals of the
12association, the responsibilities of the entities, and the activities that the entities will
13engage in to accomplish their goals. The term of a charter may not be less than 3
14years or more than 10 years, with the opportunity for renewal for additional terms
15of the same length upon the agreement of the entities and the department.
AB1-ASA1-AA1,245,2216
(c) The department may not issue a charter unless the department determines
17that the entities in the association have the resources to carry out the charter. Before
18issuing a proposed charter, the department shall provide public notice of the
19proposed charter in the areas in which the activities under the charter will be
20engaged in. After providing public notice and before issuing a proposed charter, the
21department shall hold a public informational hearing on the proposed charter. A
22decision by the department to issue a charter is not subject to review under ch. 227.
AB1-ASA1-AA1,245,2423
(d) An association to which a charter has been issued shall report annually to
24the department on the activities that have been engaged in under the charter.
AB1-ASA1-AA1,246,5
1(e) The department may, after an opportunity for a hearing, terminate a charter
2if the department determines that the entities in the chartered association are in
3substantial noncompliance with the charter. Any person who has evidence that the
4entities in a chartered association are not in compliance with a charter may ask the
5department to terminate the charter.
AB1-ASA1-AA1,246,11
6(7m) Environmental auditors. The department may not approve an outside
7environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the outside
8environmental auditor is certified by the Registrar Accreditation Board of the
9American National Standards Institute or meets criteria concerning education,
10training, experience, and performance that are equal to the criteria in International
11Organization for Standardization standard 14012.
AB1-ASA1-AA1,246,14
12(7s) Access to records. (a) Except as provided in par. (c), the department shall
13make any record, report, or other information obtained in the administration of this
14section available to the public.
AB1-ASA1-AA1,246,2015
(c) The department shall keep confidential any part of a record, report, or other
16information obtained in the administration of this section, other than emission data
17or discharge data, upon receiving an application for confidential status by any person
18containing a showing satisfactory to the department that the part of a record, report,
19or other information would, if made public, divulge a method or process that is
20entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB1-ASA1-AA1,246,2521
(d) If the department refuses to release information on the grounds that it is
22confidential under par. (c) and a person challenges that refusal, the department shall
23inform the affected participant of that challenge. Unless the participant authorizes
24the department to release the information, the participant shall pay the reasonable
25costs incurred by this state to defend the refusal to release the information.
AB1-ASA1-AA1,247,6
1(e) Paragraph (c) does not prevent the disclosure of any information to a
2representative of the department for the purpose of administering this section or to
3an officer, employee, or authorized representative of the federal government for the
4purpose of administering federal law. When the department provides information
5that is confidential under par. (c) to the federal government, the department shall
6also provide a copy of the application for confidential status.
AB1-ASA1-AA1,247,9
7(8) Powers and duties of the department. (a) To facilitate the process under
8sub. (6), the department shall develop model terms that may be used in participation
9contracts.
AB1-ASA1-AA1,247,1310
(b) After consultations with interested persons, the department shall annually
11establish a list identifying aspects of superior environmental performance that the
12department will use to identify which letters of intent it will process under sub. (6)
13in the following year and the order in which it will process the letters of intent.
AB1-ASA1-AA1,247,1714
(c) The department may promulgate rules for the administration of the
15program. In the rules, the department may specify incentives, that are consistent
16with federal laws and other state laws, that the department may provide to
17participants in tier II of the program.
AB1-ASA1-AA1,247,2118
(d) The department shall encourage small businesses, agricultural
19organizations, entities that are not subject to environmental requirements, local
20governments, and other entities to form groups to work cooperatively on projects to
21achieve superior environmental performance.
AB1-ASA1-AA1,247,2222
(dm) The department shall select a logo for the program.
AB1-ASA1-AA1,247,2523
(e) The department shall consult with the environmental results council about
24the operation of the program, priorities for the program, and evaluation of the
25program.
AB1-ASA1-AA1,248,5
1(f) The department and the department of commerce shall jointly provide
2information about participation contracts and environmental management systems
3to potential participants in the program and to other interested persons. The
4department shall consult with the department of commerce about the
5administration of the program.
AB1-ASA1-AA1,248,136
(g) The department shall collect, process, evaluate, and disseminate data and
7information about environmentally beneficial and innovative practices submitted by
8participants in the program. The department may conduct or direct studies,
9experiments, or research related to the program in cooperation with participants and
10other interested persons. The department may enter into agreements with the
11Robert M. La Follette institute of public affairs at the University of
12Wisconsin-Madison to assist in the promotion, administration, or evaluation of the
13program.
AB1-ASA1-AA1,248,1714
(h) The department shall submit a progress report on the program to the
15legislature, in the manner provided in s. 13.172 (2), no later than the first day of the
1636th month beginning after the effective date of this paragraph .... [revisor inserts
17date], and every 2 years after it submits the first report.
AB1-ASA1-AA1,248,19
18(9) Environmental results council. The environmental results council shall
19advise the department about all of the following:
AB1-ASA1-AA1,248,2120
(a) The implementation of the program, including the setting of goals for the
21program.
AB1-ASA1-AA1,248,2422
(b) Evaluating the costs of applying for the program and of entering into a
23participation contract or a charter and the administrative costs of participating in
24the program.
AB1-ASA1-AA1,249,3
1(c) Assessing whether incentives provided under a participation contract are
2proportional to the environmental benefits committed to under a participation
3contract.
AB1-ASA1-AA1,249,44
(d) Procedures for evaluating the program.