AB360: Bill Text

AB360,3,17 (d) "Sediment" means any matter that has settled out of ballast water.

AB360,3,22 (2) Permit required. (a) Beginning on the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], a person who operates a vessel that takes on ballast water outside of the waters of the state may not discharge any of the following without a permit under this section that authorizes the discharge:

AB360,3,23 1. Ballast water.

AB360,3,24 2. Sediment.

AB360,3,25 3. Water other than ballast water that has been in a ballast tank.

AB360,4,3 (b) Paragraph (a) and the management requirements under par. (3) apply without regard to whether the vessel is considered to have ballast water on board when the vessel enters the waters of the state.

AB360,4,7 (3) Permit conditions. (a) In a permit issued under this section, the department shall require treatment of the substances described in sub. (2) (a) 1. to 3. before discharge to kill or remove aquatic nuisance species and other organisms, to the extent possible, through the use of one of the following:

AB360,4,8 1. Filtration.

AB360,4,9 2. Thermal methods.

AB360,4,10 3. Ultraviolet light.

AB360,4,11 4. Biocides.

AB360,4,12 5. Another technique approved by the department.

AB360,4,14 (b) In a permit issued under this section, the department shall include any applicable requirements in the rules promulgated under sub. (5) (a).

AB360,4,17 (4) Inspection program. The department shall conduct a program to inspect vessels to ensure that aquatic nuisance species do not enter the waters of this state through discharges of the substances described in sub. (2) (a) 1. to 3.

AB360,4,19 (5) Rules. (a) The department shall promulgate rules that include all of the following:

AB360,4,20 1. Fees for permits under this section.

AB360,4,22 2. Circumstances under which a vessel for which a permit is required under sub. (2) (a) may take on ballast water.

AB360,5,2 3. Any ballast water management requirements, in addition to the requirements under sub. (3) (a), that the department determines are necessary to ensure that aquatic nuisance species do not enter the waters of this state through discharges of the substances described in sub. (2) (a) 1. to 3.

AB360,5,3 4. Any other provisions necessary for the administration of this section.

AB360,5,5 (b) The department shall review the rules promulgated under par. (a) at least once every 3 years and revise the rules as necessary.

AB360, s. 6 Section 6. 283.37 (1) of the statutes is amended to read:

AB360,5,15 283.37 (1) The department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899, 33 USC 407 or under the federal water pollution control act, as amended, 33 USC 1251 to 1376. The rules may specify different requirements for permits issued under s. 283.31 and, for permits issued under s. 283.33, and for permits issued under s. 283.34.

AB360, s. 7 Section 7. 283.53 (1) of the statutes is amended to read:

AB360,5,18 283.53 (1) No permit issued by the department under s. 283.31 or, 283.33, or 283.34 shall have a term for more than 5 years.

AB360, s. 8 Section 8. 283.53 (2) (a) (intro.) of the statutes is amended to read:

AB360,5,22 283.53 (2) (a) (intro.) Any permit issued by the department under s. 283.31 or, 283.33, or 283.34 may, after an opportunity for hearing, be modified, suspended or revoked, in whole or in part, for cause, including but not limited to:

AB360, s. 9 Section 9. 283.53 (2d) (intro.) of the statutes is amended to read:

AB360,6,3 283.53 (2d) (intro.) The department may, with the consent of the permittee, modify a permit issued under s. 283.31 or, 283.33, or 283.34 without following the procedures in sub. (2) (b) to (f) in order to do any of the following:

AB360, s. 10 Section 10. 283.53 (2h) of the statutes is amended to read:

AB360,6,7 283.53 (2h) The department may, with the consent of the permittee, revoke a permit issued under s. 283.31 or, 283.33 , or 283.34 without following the procedures in sub. (2) (b) to (f).

AB360, s. 11 Section 11. Nonstatutory provisions.

AB360,6,9 (1) Rule making.

AB360,6,13 (a) The department of natural resources shall submit in proposed form the rules required under section 283.34 (5) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.

AB360,7,2 (b) Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rules required under section 283.34 (5) (a) of the statutes, as created by this act, no later than the first day of the 4th month beginning after the effective date of this paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this paragraph remain in effect until the first day of the 18th month beginning after the effective date of this paragraph, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB360,7,3 (End)