299.80(7)(c)4.
4. A participant shall comply with the department's revocation decision and with all requirements of the cooperative agreement for which the department does not establish interim requirements until the department issues the approvals required under
chs. 280 to
295 that were replaced by the cooperative agreement.
299.80(8)(a)(a) The department shall provide at least 30 days for public comment on the proposed issuance, amendment or revocation of a cooperative agreement.
299.80(8)(b)
(b) Before the start of the public comment period under
par. (a), the department shall prepare a draft of the cooperative agreement, cooperative agreement amendment or notice of cooperative agreement revocation and a fact sheet that does all of the following:
299.80(8)(b)1.
1. Briefly describes the principal facts and the significant factual, legal, methodological and policy questions considered by the department.
299.80(8)(b)3.
3. Identifies any variances that would be granted under
sub. (4) by the proposed action.
299.80(8)(c)
(c) The department shall prepare a public notice of a proposed action under
par. (a) that does all of the following:
299.80(8)(c)1.
1. Briefly describes the facility that is the subject of the proposed action.
299.80(8)(c)2.
2. Identifies the proposed action and states whether any variances would be granted under
sub. (4) by the proposed action.
299.80(8)(c)3.
3. Identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action.
299.80(8)(c)4.
4. States that the draft of the proposed action and the fact sheet under
par. (b) are available upon request.
299.80(8)(c)5.
5. States that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.
299.80(8)(c)6.
6. Describes the procedures that the department will use to make a final decision on the proposed action, describes how persons may request public informational meetings, contested case hearings or public hearings and how persons may make requests to appear at those meetings and hearings.
299.80(8)(d)
(d) Before the start of the public comment period, the department shall mail the public notice under
par. (c) to the applicant or participant, the federal environmental protection agency, the members of the interested persons group established under
sub. (5) (b) and all persons who have asked to receive notice of proposed actions under
par. (a). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office, at any other department office in the area of the facility subject to the proposed action and at public libraries in that area. The department shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers and by any other methods that the department determines are effective.
299.80(8)(e)
(e) The department shall hold a public informational meeting on a proposed action under
par. (a) if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
299.80(9)
(9) Effect of cooperative agreement. 299.80(9)(a)(a) For the purposes of
chs. 280 to
295, a cooperative agreement entered into under this section is considered to be an approval that is identified under
sub. (3) (b) as being replaced by the cooperative agreement.
299.80(9)(b)
(b) A provision of an approval that is identified under
sub. (3) (b) as being replaced by a cooperative agreement is superceded by the cooperative agreement.
299.80(10)
(10) Fees. A participant shall pay the same fees under
chs. 280 to
295 that it would be required to pay if it had not entered into a cooperative agreement.
299.80(11)(a)(a) Reports submitted under a cooperative agreement fulfill the reporting requirements under
chs. 280 to
295 relating to the facility, activities and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.
299.80(11)(b)
(b) A participant shall notify the department before it increases the amount of the discharge or emission of a pollutant from a covered facility and before it begins to discharge or emit a pollutant that it did not discharge or emit from a covered facility when the cooperative agreement was entered into. The notification shall describe any proposed facility expansion, production increase or process modification that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement under
sub. (7) in a manner consistent with
subs. (2) and
(3) or require the participant to obtain an approval if an approval is required under
chs. 280 to
295.
299.80(12)
(12) Reports of violations. A participant shall submit a report to the department within 45 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain all of the following:
299.80(12)(a)
(a) A description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and what was revealed by the performance evaluation.
299.80(12)(b)
(b) A description of all violations revealed by the performance evaluation.
299.80(12)(c)
(c) A description of the actions taken or proposed to be taken to correct the violations.
299.80(12)(d)
(d) A commitment to correct the violations within 90 days of submitting the report or within a compliance schedule approved by the department.
299.80(12)(e)
(e) If the participant proposes to take more than 90 days to correct the violations, a proposed compliance schedule that contains the shortest reasonable periods for correcting the violations, a statement that justifies the proposed compliance schedule, a description of measures that the participant will take to minimize the effects of the violations during the period of the compliance schedule and proposed stipulated penalties if the participant violates the compliance schedule.
299.80(12)(f)
(f) A description of the measures that the participant has taken or will take to prevent future violations.
299.80(13)(a)(a) If the department receives a report under
sub. (12) that contains a proposed compliance schedule under
sub. (12) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the participant does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the participant to attempt to reach an agreement on a compliance schedule. If the department and the participant do not reach an agreement on a compliance schedule, the department shall initiate the procedure under
sub. (7) (c) 2. to revoke the cooperative agreement. If the parties agree to a compliance schedule, the department shall amend the cooperative agreement to incorporate the compliance schedule.
299.80(13)(b)
(b) The department may not approve a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:
299.80(13)(b)1.
1. The environmental and public health consequences of the violations.
299.80(13)(b)2.
2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.
299.80(13)(b)3.
3. The time needed to purchase any equipment or supplies that are needed to correct the violations.
299.80(14)(a)1.1. This state may not commence a civil action to collect forfeitures for violations at a facility covered by a cooperative agreement that are disclosed in a report that meets the requirements of
sub. (12) for at least 90 days after the department receives the report.
299.80(14)(a)2.
2. If the participant corrects violations that are disclosed in a report that meets the requirements of
sub. (12) within 90 days after the department receives a report that meets the requirements of
sub. (12), this state may not commence a civil action to collect forfeitures for the violations.
299.80(14)(a)3.
3. This state may not commence a civil action to collect forfeitures for violations covered by a compliance schedule that is approved under
sub. (13) during the period of the compliance schedule if the participant is not violating the compliance schedule. If the participant violates the compliance schedule, the department may collect the stipulated penalties in the compliance schedule or may revoke the cooperative agreement. After the department revokes a cooperative agreement, this state may commence civil action to collect forfeitures for the violations.
299.80(14)(a)4.
4. If the department approves a compliance schedule under
sub. (13) and the participant corrects the violations according to the compliance schedule, this state may not commence a civil action to collect forfeitures for the violations.
299.80(14)(b)
(b) Notwithstanding
par. (a), this state may at any time commence a civil action to collect forfeitures for violations if any of the following apply:
299.80(14)(b)1.
1. The violations present an imminent threat to public health or the environment or may cause serious harm to public health or the environment.
299.80(14)(b)2.
2. The department discovers the violations before submission of a report under
sub. (12).
299.80(15)(a)(a) Except as provided in
par. (b), the department shall make any record, report or other information obtained in the administration of this section available to the public.
299.80(15)(b)
(b) The department shall keep confidential any part of a record, report or other information obtained in the administration of this section, other than emission data, discharge data or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in
s. 134.90 (1) (c), of that person.
299.80(15)(c)
(c) If the department refuses to release information on the grounds that it is confidential under
par. (b) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this state to defend the refusal to release the information.
299.80(15)(d)
(d) Paragraph (b) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under
par. (b) to the federal government, the department shall also provide a copy of the application for confidential status.
299.80(16)
(16) Reports concerning the program under this section. 299.80(16)(a)(a) Beginning not later than November 1, 1998, the secretary of natural resources shall submit an annual progress report on the program under this section to the governor and, under
s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.
299.80(16)(b)
(b) Not later than October 1, 2001, the secretary of natural resources shall submit a report to the governor and, under
s. 13.172 (2) the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.
299.80 History
History: 1997 a. 27,
41.
299.91
299.91
Hearings; procedure; review. The department shall hold a public hearing relating to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants. The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of the order and all proceedings on the part of the complainants shall be stayed until the security is filed. The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to the last-known post-office address at least 20 days prior to the time set for the hearing. The hearing shall be held not later than 90 days after the filing of the complaint. The respondent shall file a verified answer to the complaint with the department and serve a copy on the person designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown. For purposes of any hearing under this section the hearing examiner may issue subpoenas and administer oaths. Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under
ch. 227. If the department determines that any complaint was filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover the expenses of the hearing in a civil action. Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require clean-up action if it already existed, shall be considered potential environmental pollution. This section does not apply to any part of the process for approving a feasibility report, plan of operation or license under
subch. III of ch. 289 or
s. 291.23 or
291.25.
299.91 History
History: 1979 c. 176;
1979 c. 221 s.
633; Stats. 1979 s. 144.975;
1981 c. 374,
403;
1995 a. 227 s.
826; Stats. 1995 s. 299.91.
299.93
299.93
Environmental assessments. 299.93(1)
(1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or
chs. 280 to
285 or
289 to
295 or a rule or order issued under this chapter or
chs. 280 to
285 or
289 to
295, the court shall impose an environmental assessment equal to 10% of the amount of the fine or forfeiture.
299.93(2)
(2) If a fine or forfeiture is suspended in whole or in part, the environmental assessment shall be reduced in proportion to the suspension.
299.93(3)
(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer under
sub. (4). If the deposit is returned, the environmental assessment shall also be returned.
299.93(4)
(4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the assessment in the environmental fund.
299.93 History
History: 1991 a. 39;
1993 a. 27,
458;
1995 a. 201;
1995 a. 227 s.
831; Stats. 1995 s. 299.93.
299.95
299.95
Enforcement; duty of department of justice; expenses. The attorney general shall enforce
chs. 281 to
285 and
289 to
295 and this chapter, except
ss. 281.48,
285.57,
285.59, and
299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under
ss. 281.48,
285.57,
285.59, and
299.64 and except as provided in
s. 285.86. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce
chs. 281 to
285 and
289 to
295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where
chs. 281 to
285 and
289 to
295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of
chs. 281 to
285 and
289 to
295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under
s. 20.455 (1) (k).
299.95 Annotation
The the violation of an order prohibiting pollution constitutes a public nuisance does not mean that there is no nuisance until an order is issued. State v. Dairyland Power Coop.
52 Wis. 2d 45,
187 N.W.2d 878 (1971).
299.95 Annotation
The state need not show irreparable harm to obtain an injunction under this section. State v. C. Spielvogel & Sons,
193 Wis. 2d 464,
535 N.W.2d 28 (Ct. App. 1995).
299.97
299.97
Penalties and remedies. 299.97(1)
(1) Any person who violates this chapter, except
s. 299.15 (1),
299.47 (2),
299.51 (4) (b),
299.53 (2) (a) or
(3),
299.62 (2) or
299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.
299.97(2)
(2) In addition to the penalties provided under
sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection.
