SB55-ASA1-AA1,1179,2
1283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
2appropriation under s.
20.370 20.375 (4) (bj).".
SB55-ASA1-AA1,1179,125
283.87
(1) Department may recover costs. In an action against any person who
6violates this chapter or any provision of
s. 29.601 or chs. 30, subchs. I to III of ch. 30
7or chs. 31, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the
8department may recover the cost of removing, terminating or remedying the adverse
9effects upon the water environment resulting from the unlawful discharge or deposit
10of pollutants into the waters of the state, including the cost of replacing fish or other
11wildlife destroyed by the discharge or deposit. All moneys recovered under this
12section shall be deposited into the environmental fund.".
SB55-ASA1-AA1,1179,17
15283.86 Certain discharges prohibited. No owner or operator of a publicly
16owned treatment work may intentionally discharge untreated wastewater unless all
17of the following apply:
SB55-ASA1-AA1,1179,18
18(1) The discharge does not cause any effluent limitation to be exceeded.
SB55-ASA1-AA1,1179,20
19(2) The discharge is necessary to prevent personal injury, loss of life, or severe
20property damage.
SB55-ASA1-AA1,1179,21
21(3) There is no feasible alternative to the discharge.
SB55-ASA1-AA1,1179,22
22(4) The owner or operator provides any required notification of the discharge.".
SB55-ASA1-AA1,1180,3
1285.30
(5) (c) A motor vehicle exempt from registration under s. 341.05, except
2that a motor vehicle owned by the United States is not exempt unless it comes under
3par. (a), (b), (d), (e), (f), (g)
or, (h)
, or (j).
SB55-ASA1-AA1,1180,55
285.30
(5) (j) A low-speed vehicle, as defined in s. 340.01 (27m).".
SB55-ASA1-AA1,1180,9
8285.18 Air quality testing. The department may not operate an air quality
9testing facility within one mile of Lake Michigan.".
SB55-ASA1-AA1,1180,12
11"
Section 3219b. 283.89 (2m) of the statutes, as created by 2001 Wisconsin Act
12.... (this act), is amended to read:
SB55-ASA1-AA1,1180,1613
283.89
(2m) If the department finds a violation of s. 283.33 (1) to (8) for which
14a person is subject to a forfeiture under s. 283.91 (2), the department may issue a
15citation and, if the department does issue a citation, and the procedures in ss.
23.50
16to 23.99 278.50 to 278.90 apply.
SB55-ASA1-AA1,1180,1918
285.01
(13) "Department" means the department of
natural resources 19environmental management.
SB55-ASA1-AA1,1180,2221
285.01
(38) "Secretary" means the secretary of
natural resources 22environmental management.
SB55-ASA1-AA1,1181,11
1285.11
(6) (intro.) Prepare and develop one or more comprehensive plans for
2the prevention, abatement
, and control of air pollution in this state. The department
3thereafter shall be responsible for the revision and implementation of the plans. The
4rules or control strategies submitted to the federal environmental protection agency
5under the federal
clean air act Clean Air Act for control of atmospheric ozone shall
6conform with the federal
clean air act Clean Air Act unless, based on the
7recommendation of the
natural resources environmental management board or the
8head of the department, as defined in s. 15.01 (8), of any other department, as defined
9in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor
10determines that measures beyond those required by the federal
clean air act Clean
11Air Act meet any of the following criteria:
SB55-ASA1-AA1,1181,2213
285.48
(2) Applicability. This section applies if the department of
natural
14resources environmental management, pursuant to a call, issues a state
15implementation plan that requires electric generating facilities in the midcontinent
16area of this state to comply with nitrogen oxide emission reduction requirements.
17If the department of
natural resources environmental management issues such a
18plan, the department of
natural resources environmental management shall notify
19the department of administration and the public service commission. The notice
20shall specify the date on which electric generating facilities in the midcontinent area
21of this state are required to comply with the initial nitrogen oxide emission reduction
22requirements.
SB55-ASA1-AA1,1182,324
285.48
(3) (d) (intro.) If the department of
natural resources environmental
25management implements a state implementation plan specified in sub. (2) in a
1manner that requires reductions in nitrogen oxide emissions that are lower than the
2reductions set forth in the call published on October 27, 1998, the department of
3natural resources environmental management shall do each of the following:
SB55-ASA1-AA1,1182,75
285.57
(4) Citations. The department may follow the procedures for the
6issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
7for a violation of sub. (2).".
SB55-ASA1-AA1,1182,1210
285.59
(7) Citations. The department may follow the procedures for the
11issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
12for a violation of sub. (2), (3) (c) or (4).".
SB55-ASA1-AA1,1182,2115
285.60
(2m) General construction permits. The department may, by rule,
16specify types of stationary sources that may obtain general construction permits. A
17general construction permit may cover numerous similar stationary sources. A
18general construction permit shall require any stationary source that is covered by
19the general construction permit to comply with ss. 285.61 to 285.69. The department
20shall issue a general construction permit using the procedures and criteria in ss.
21285.61, 285.63, 285.65, 285.66, and 285.69.".
SB55-ASA1-AA1,1183,3
1285.69
(2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited
2to the appropriations under s.
20.370 20.375 (2) (bg),
(3) (bg), (8) (mg) and (9) (mh) 3(bh), (sg), and (th) for the following:
SB55-ASA1-AA1,1183,115
285.69
(3) Asbestos inspection fees. The department may promulgate rules
6for the payment and collection of fees for inspecting nonresidential asbestos
7demolition and renovation projects regulated by the department. The fees under this
8subsection may not exceed $210 per project. The fees collected under this subsection
9shall be credited to the appropriation under s.
20.370
20.375 (2) (bi) for the direct and
10indirect costs of conducting inspections of nonresidential asbestos demolition and
11inspection projects regulated by the department.
SB55-ASA1-AA1,1183,1813
285.69
(7) Emission reduction credit fees. The department may promulgate
14rules for the payment of fees by persons who hold emission reduction credits that
15may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been
16certified by the department. The rules may waive the payment of fees under this
17subsection for categories of emission reduction credits. The fees collected under this
18subsection shall be credited to the appropriation under s.
20.370 20.375 (2) (bg).
SB55-ASA1-AA1,1184,320
285.85
(1) If the secretary finds that a generalized condition of air pollution
21exists and that it creates an emergency requiring immediate action to protect human
22health or safety, he or she shall order persons causing or contributing to the air
23pollution to reduce or discontinue immediately the emission of air contaminants, and
24such order shall fix a place and time, not later than 24 hours thereafter, for a hearing
25to be held before the department. Not more than 24 hours after the commencement
1of such hearing, and without adjournment thereof, the
natural resources 2environmental management board shall affirm, modify or set aside the order of the
3secretary.
SB55-ASA1-AA1,1184,75
285.86
(1) The department may follow the procedures for the issuance of a
6citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture from a person
7who commits a violation specified under sub. (2).
SB55-ASA1-AA1,1184,109
287.01
(1) "Department" means the department of
natural resources 10environmental management.".
SB55-ASA1-AA1,1184,1613
287.09
(2) (a) Develop and implement a recycling or other program to manage
14the solid waste generated within its region in compliance with s. 287.07 (1m)
to (4) 15and (2), with either s. 287.07 (3) and (4) or the rules promulgated under s. 287.11 (4), 16and
with the priorities under s. 287.05 (12).
SB55-ASA1-AA1,1184,2118
287.11
(2) (a) A public education component to inform residents of the region
19of the reasons to recycle, local opportunities to recycle and the
prohibitions in s.
20287.07 (3) and (4) materials that residents are required to recycle under the program
21under par. (b).
SB55-ASA1-AA1,1184,2424
287.11
(2) (b) (intro.) One of the following:
SB55-ASA1-AA1,1185,32
287.11
(2) (b) 2. A program that the department determines complies with the
3rules promulgated under sub. (4).
SB55-ASA1-AA1,1185,85
287.11
(2) (er) A prohibition on disposing of in a solid waste disposal facility or
6burning in a solid waste treatment facility any material
identified under s. 287.07
7(3) and (4) that is required to be separated for recycling under the program under par.
8(b) and that is separated for recycling as part of the program.
SB55-ASA1-AA1,1185,1510
287.11
(2) (i) A reasonable effort, through the implementation of pars. (a) to (h),
11as applicable, to reduce to the maximum extent feasible the amount, by weight, of
12each material
specified in s. 287.07 (3) and (4)
of a type that is recycled in the program
13under par. (b) that is generated as solid waste within the region and disposed of in
14a solid waste disposal facility or converted into fuel or burned without energy
15recovery in a solid waste treatment facility.
SB55-ASA1-AA1,1185,1817
287.11
(4) Alternate method of compliance. The department shall
18promulgate rules that do all of the following:
SB55-ASA1-AA1,1185,2019
(a) Set goals for amounts of materials to be recycled as a percentage of solid
20waste generated in the geographic area served by a responsible unit.
SB55-ASA1-AA1,1185,2321
(b) Include a list of recyclable materials, including the materials identified
22under s. 287.07 (3) and (4), that a responsible unit may choose under this subsection
23to require to be separated for recycling under its recycling program.
SB55-ASA1-AA1,1185,2524
(c) Specify a procedure for a responsible unit to identify the materials that it
25will require to be separated for recycling under its recycling program.
SB55-ASA1-AA1,1186,2
1(d) Specify a procedure to be used by the department to determine whether a
2responsible unit has achieved the goals under par. (a).
SB55-ASA1-AA1,1186,104
287.23
(2) Department powers and duties. The department shall develop,
5implement and administer a program to provide financial assistance to responsible
6units. The department shall develop criteria for reporting on and evaluating the
7program. Each year the department shall
audit review at least 5% of the recipients
8of grants in the previous year to ensure that
the recycling programs
and activities
9funded by grants under this section meet the requirements of this section of the
10recipients are effective recycling programs.
SB55-ASA1-AA1, s. 3222q
11Section 3222q. 287.23 (3) (am) (intro.) and 1. of the statutes are consolidated,
12renumbered 287.23 (3) (am) and amended to read:
SB55-ASA1-AA1,1186,1613
287.23
(3) (am) The department may withhold all or a portion of the assistance
14for a responsible unit for one year if the department determines
any of the following: 151. That that the responsible unit has not maintained an effective recycling program
16following approval of the recycling program under s. 287.11.
SB55-ASA1-AA1,1187,220
287.23
(4) Application. (intro.) A responsible unit that seeks assistance under
21the program shall submit an application to the department.
To qualify for a full
22grant, the responsible unit must submit the application no later than October 1 in
23the year preceding the year for which the assistance is sought. For the purpose of
24this subsection and sub. (5p), if an application is postmarked, it is considered to be
1submitted on the date that it is postmarked. An application shall include all of the
2following:
SB55-ASA1-AA1,1187,94
287.23
(5) Grant award for years before 2000. (intro.) For years before 2000,
5the department shall award a grant under this subsection to each eligible
6responsible unit that submits a complete grant application under sub. (4) for
7expenses allowable under
sub. s. 287.23 (3) (b)
, 1999 stats. Except as provided under
8s. 287.23 (5p), 1999 stats., or sub. (5m)
or (5p), the amount of the grant under this
9subsection shall be determined as follows:".
SB55-ASA1-AA1,1187,1612
287.23
(5b) Grant award for 2000 and 2001. (intro.)
The For grants for 2000 and
132001, the department shall award a grant under this subsection to each eligible
14responsible unit that submits a complete grant application under sub. (4) for
15expenses allowable under
sub. s. 287.23 (3) (b)
, 1999 stats. The department shall
16determine the amount of the grants under this subsection as follows: