Amendment ASA2-AB655

AB655-ASA2, s. 133 Section 133. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and amended to read:

AB655-ASA2,41,9 30.206 (1) (a) For activities which require a permit or approval under ss. 30.12 (3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before issuing general permits, the department shall determine after an environmental analysis and notice and hearing under ss. 227.17 and 227.18, that . The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after the effective date of this paragraph .... [revisor inserts date]. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under section 227.15 (1) no later than the first day of the 6th month beginning after the effective date of this paragraph .....[revisor inserts date]. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

AB655-ASA2,41,15 (c) To ensure that the cumulative adverse environmental impact of the class of activity activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interest interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:

AB655-ASA2, s. 134 Section 134. 30.206 (1) (c) 1. to 3. of the statutes are created to read:

AB655-ASA2,41,18 30.206 (1) (c) 1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.

AB655-ASA2,41,21 2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.

AB655-ASA2,41,22 3. Restrictions to protect areas of special natural resource interest.

AB655-ASA2, s. 135 Section 135. 30.206 (2) of the statutes is repealed.

AB655-ASA2, s. 136 Section 136. 30.206 (3) (title) of the statutes is created to read:

AB655-ASA2,42,2 30.206 (3) (title) Procedures for conducting activities under general permits.

AB655-ASA2, s. 137 Section 137. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and amended to read:

AB655-ASA2,42,18 30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 20 business 30 days before commencing the activity authorized by a general permit. The department may request additional information from the applicant notification shall provide information describing the activity in order to allow the department to determine whether the activity is within the scope of a authorized by the general permit and shall inform the applicant in writing of its determination within 10 business days after receipt of adequate information give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

AB655-ASA2, s. 138 Section 138. 30.206 (3) (c) of the statutes is created to read:

AB655-ASA2,42,23 30.206 (3) (c) Upon completion of an activity that the department has authorized under a general permit, the applicant for the general permit shall provide to the department a statement certifying that the activity is in compliance with all of the conditions of the general permit and a photograph of the activity.

AB655-ASA2, s. 139 Section 139. 30.206 (3m) of the statutes is repealed.

AB655-ASA2, s. 140 Section 140. 30.206 (3r) of the statutes is created to read:

AB655-ASA2,43,4 30.206 (3r) Individual permit in lieu of general permit. (a) The department may decide to require a person who has applied under sub. (3) for authorization to proceed under a general permit to apply for and be issued an individual permit or be granted a contract if either of the following applies:

AB655-ASA2,43,6 1. The department determines that the proposed activity is not authorized under the general permit.

AB655-ASA2,43,11 2. The department has conducted an investigation and visited the site and has determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian rights of any riparian owner.

AB655-ASA2,43,13 (b) A decision by the department to require an individual permit under this subsection shall be in writing.

AB655-ASA2, s. 141 Section 141. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and amended to read:

AB655-ASA2,43,23 30.206 (3) (b) Upon receipt of the department's determination that the proposed activity is authorized by a general permit, If within 30 days after a notification under par. (a) is submitted to the department the department does not require any additional information about the activity that is subject to the notification and does not inform the applicant that an individual permit will be required, the activity will be considered to be authorized by the general permit and the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all of the conditions of the general permit.

AB655-ASA2, s. 142 Section 142. 30.206 (5) (title) of the statutes is created to read:

AB655-ASA2,43,25 30.206 (5) (title) Failure to follow procedural requirements.

AB655-ASA2, s. 143 Section 143. 30.206 (6) of the statutes is amended to read:

AB655-ASA2,44,5 30.206 (6) Request for 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 subchapter or ch. 31 in lieu of seeking authorization under the general permit.

AB655-ASA2, s. 144 Section 144. 30.206 (7) of the statutes is amended to read:

AB655-ASA2,44,9 30.206 (7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m) if the application for the general permit may be submitted under s. 30.207.

AB655-ASA2, s. 145 Section 145. 30.207 (1) of the statutes is amended to read:

AB655-ASA2,44,19 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt) 30.2023, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

AB655-ASA2, s. 146 Section 146. 30.207 (3) (d) 2. of the statutes is amended to read:

AB655-ASA2,44,23 30.207 (3) (d) 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).

AB655-ASA2, s. 147 Section 147. 30.207 (4) (b) of the statutes is repealed.

AB655-ASA2, s. 148 Section 148. 30.207 (5) of the statutes is repealed.

AB655-ASA2, s. 149 Section 149. 30.208 of the statutes is created to read:

AB655-ASA2,45,6 30.208 Applications for individual permits and contracts; department determinations. (1) Application required. A person who seeks to obtain or modify an individual permit under this subchapter or to enter into a contract under s. 30.20 shall submit an application to the department. The application may contain a request for a public hearing on the application.

AB655-ASA2,45,14 (3) Notice of complete application; request for public hearing; decision. (a) Upon determination by the department that an application submitted under sub. (1) is complete, the department shall provide notice of complete application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete application.

AB655-ASA2,45,18 (b) If the notice of complete application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

AB655-ASA2,45,23 (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 days after the department completes providing the notice of complete application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination.

AB655-ASA2,45,25 (d) The department shall hold a public hearing within 30 days after the notice of hearing has been provided under par. (a) or (c).

AB655-ASA2,46,4 (e) Within 30 days after the public hearing is held or, if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving the contract that is the subject of the application submitted under sub. (1).

AB655-ASA2,46,13 (4) Public comment. (a) The department shall provide a period for public comment after the department has provided a notice of complete application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete application, except as provided in par. (b).

AB655-ASA2,46,15 (b) If a public hearing is held, the period for public comment shall end on the 10th day following the date on which the public hearing is completed.

AB655-ASA2,46,19 (d) The department shall promulgate rules to establish procedures for the conduct of public hearings held under this subsection. Notwithstanding s. 227.42, a public hearing held under this subsection shall be an informational hearing and may not be treated as, nor converted to, a contested case under s. 227.01 (3).

AB655-ASA2,46,23 (5) Notice requirements. (a) The department shall, by rule, establish procedures for providing notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

AB655-ASA2,46,24 1. That the notice be published as a class 1 notice under ch. 985.

AB655-ASA2,46,25 2. That the notice be mailed to any person or group upon request.

AB655-ASA2,47,4 (b) The department shall, by rule, prescribe the form and content of notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

AB655-ASA2,47,5 1. The name and address of each applicant or permit holder.

AB655-ASA2,47,7 2. A brief description of each applicant's activity or project that requires the permit.

AB655-ASA2,47,8 3. The name of the waterway in or for which the activity or project is planned.

AB655-ASA2,47,11 4. For a notice of complete application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

AB655-ASA2,47,14 5. For a notice of complete application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

AB655-ASA2,47,16 (c) The department may delegate the department's requirement to provide notice under sub. (3) or s. 30.209 (1m) by doing any of the following:

AB655-ASA2,47,18 1. Requiring that the applicant for the permit or contract provide by publication, mailing, or other distribution one or more of the notices.

AB655-ASA2,47,20 2. That the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

AB655-ASA2, s. 150 Section 150. 30.209 of the statutes is created to read:

AB655-ASA2,47,25 30.209 Contracts and individual permits; administrative and judicial review. (1) In this section, "applicant" means any person applying to receive a permit or contract under this subchapter or any person who has received a permit or contract under this subchapter.

AB655-ASA2,48,3 (1m) Request for administrative review. (a) Any interested person may file a petition with the department for administrative review within 30 days after any of the following decisions given by the department:

AB655-ASA2,48,5 1. The issuance, denial, or modification of any individual permit issued under or contract entered into this subchapter.

AB655-ASA2,48,7 2. The imposition of, or failure to impose, a term or condition on any individual permit issued or contract entered into under this subchapter.

AB655-ASA2,48,9 (b) If the petitioner is not the applicant, the petition shall describe the petitioner's objection to the permit or contract and shall contain all of the following:

AB655-ASA2,48,12 1. A description of the objection that is sufficiently specific to allow the department to determine which provisions of this subchapter may be violated if the proposed activity or project under the permit or contract is allowed to proceed.

AB655-ASA2,48,15 2. A description of the facts supporting the petition that is sufficiently specific to determine how the petitioner believes the activity or project, as proposed, may result in a violation of the provisions of this subchapter.

AB655-ASA2,48,17 3. A commitment by the petitioner to appear at the administrative hearing and present information supporting the petitioner's objection.

AB655-ASA2,48,20 (c) The activity or project shall be stayed pending an administrative hearing under this section, if the petition contains a request for the stay showing that a stay is necessary to prevent irreversible harm to the environment.

AB655-ASA2,48,23 (d) If a stay is requested under par. (c), the stay shall be in effect until either the department denies the request for an administrative hearing or the hearing examiner determines that the stay is not necessary.

AB655-ASA2,49,3 (e) The petitioner shall file a copy of the petition with the department. If the petitioner is not the applicant, the petitioner shall simultaneously provide a copy of the petition to the applicant. The applicant may file a response to the petition with the department. If the applicant files a response under this paragraph, it shall be filed within 15 days after the petition is filed.

AB655-ASA2,49,7 (f) The department shall grant or deny the petition within 30 days after the petition is filed. The failure of the department to dispose of the petition within this 30-day period is a denial. The department shall deny the petition if any of the following applies:

AB655-ASA2,49,9 1. The petitioner is not the applicant and the petition does not comply with the requirements of par. (b).

AB655-ASA2,49,14 2. The objection contained in the petition is not substantive. The department shall determine that an objection is substantive if the supporting facts contained in the objection appear to be substantially true and raise reasonable grounds to believe that the provisions of this subchapter may be violated if the activity or project is undertaken.

AB655-ASA2,49,16 (fm) If the department denies the petition, the department shall send the petitioner the denial in writing, stating the reasons for the denial.

AB655-ASA2,49,20 (g) If the department grants a petition under this subsection, the department shall refer the matter to the division of hearings and appeals in the department of administration within 15 days after granting the petition unless the petitioner and the applicant agree to an extension.

AB655-ASA2,49,22 (2) Administrative hearings. (a) An administrative hearing under this subsection shall be treated as a contested case under ch. 227.

AB655-ASA2,50,5 (b) If a stay under sub. (1) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the hearing. The hearing examiner shall make the determination based on the request under sub. (1) (c), any response from the applicant under sub. (1) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

AB655-ASA2,50,11 (c) A hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

AB655-ASA2,50,13 (d) Notwithstanding s. 227.44 (1), the department shall provide a notice of the hearing at least 30 days before the date of the hearing to all of the following:

AB655-ASA2,50,14 1. The applicant.

AB655-ASA2,50,15 2. Each petitioner, if other than the applicant.

AB655-ASA2,50,17 3. Any other persons required to receive notice under the rules promulgated under s. 30.208 (5).

AB655-ASA2,50,20 (3) Judicial review. (a) Any person whose substantial interest is affected by a decision of the department under sub. (1m) (a) 1. or 2. may commence an action in circuit court to review that decision.

AB655-ASA2,50,22 (b) Any party aggrieved by a decision of a hearing examiner under sub. (2) may commence an action in circuit court to review that decision.

AB655-ASA2, s. 151 Section 151. 30.28 (3) (a) of the statutes is renumbered 30.28 (3).

AB655-ASA2, s. 152 Section 152. 30.28 (3) (b) of the statutes is repealed.

AB655-ASA2, s. 153 Section 153. 30.285 of the statutes is created to read:

AB655-ASA2,51,2 30.285 Records of exemptions and permitted activities. (1) On an annual basis, the department shall keep records of all of the following

AB655-ASA2,51,4 (a) The number of exempted activities that are conducted under ss. 30.12 (1g), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.

AB655-ASA2,51,6 (b) The number of exemptions under par. (a) for which the department required applications for individual permits or contracts.

AB655-ASA2,51,8 (c) The number of exemptions under par. (a) for which the department required applications to seek authorizations to proceed under general permits.