AB926, s. 1054
9Section
1054. 285.11 (6) (intro.) of the statutes is amended to read:
AB926,293,2010
285.11
(6) (intro.) Prepare and develop one or more comprehensive plans for
11the prevention, abatement and control of air pollution in this state. The department
12thereafter shall be responsible for the revision and implementation of the plans. The
13rules or control strategies submitted to the federal environmental protection agency
14under the federal clean air act for control of atmospheric ozone shall conform with
15the federal clean air act unless, based on the recommendation of the
natural
16resources board secretary of environmental quality or the head of the department,
17as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that
18promulgates a rule or establishes a control strategy, the governor determines that
19measures beyond those required by the federal clean air act meet any of the following
20criteria:
AB926, s. 1055
21Section
1055. 285.48 (2) of the statutes is amended to read:
AB926,294,522
285.48
(2) Applicability. This section applies if the department
of natural
23resources, pursuant to a call, issues a state implementation plan that requires
24electric generating facilities in the midcontinent area of this state to comply with
25nitrogen oxide emission reduction requirements. If the department
of natural
1resources issues such a plan, the department
of natural resources shall notify the
2department of administration and the public service commission. The notice shall
3specify the date on which electric generating facilities in the midcontinent area of
4this state are required to comply with the initial nitrogen oxide emission reduction
5requirements.
AB926, s. 1056
6Section
1056. 285.48 (3) (d) (intro.) of the statutes is amended to read:
AB926,294,117
285.48
(3) (d) (intro.) If the department
of natural resources implements a state
8implementation plan specified in sub. (2) in a manner that requires reductions in
9nitrogen oxide emissions that are lower than the reductions set forth in the call
10published on October 27, 1998, the department
of natural resources shall do each of
11the following:
AB926, s. 1057
12Section
1057. 285.57 (4) of the statutes is amended to read:
AB926,294,1513
285.57
(4) Citations. The department may follow the procedures for the
14issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
15for a violation of sub. (2).
AB926, s. 1058
16Section
1058. 285.59 (7) of the statutes is amended to read:
AB926,294,1917
285.59
(7) Citations. The department may follow the procedures for the
18issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
19for a violation of sub. (2), (3) (c) or (4).
AB926,294,2422
285.69
(2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited
23to the appropriations under s.
20.370 20.375 (2) (bg),
(3) (bg), (8) (mg) and (9) (mh) 24(jh), (sg),and (th) for the following:
AB926,295,63
285.69
(2m) (bm) (intro.) The fees collected under this subsection shall be
4credited to the appropriation account under s.
20.370
20.375 (2) (bh) for the following
5purposes as they relate to stationary sources for which an operation permit is
6required under s. 285.60 but not under the federal clean air act:
AB926,295,219
285.69
(3) (a) The department may promulgate rules for the payment and
10collection of fees for inspecting nonresidential asbestos demolition and renovation
11projects regulated by the department. The fees under this subsection for an
12inspection plus the fee under sub. (1) (c) may not exceed $700 if the combined square
13and linear footage of friable asbestos-containing material involved in the project is
14less than 5,000. The fees under this subsection for an inspection plus the fee under
15sub. (1) (c) may not exceed $1,325 if the combined square and linear footage of friable
16asbestos-containing material involved in the project is 5,000 or more. The fees
17collected under this subsection shall be credited to the appropriation under s.
20.370 1820.375 (2) (bi) for the direct and indirect costs of conducting inspections of
19nonresidential asbestos demolition and renovation projects regulated by the
20department and for inspecting property proposed to be used for a community fire
21safety training project.
AB926, s. 1062
22Section
1062. 285.69 (7) of the statutes is amended to read:
AB926,296,323
285.69
(7) Emission reduction credit fees. The department may promulgate
24rules for the payment of fees by persons who hold emission reduction credits that
25may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been
1certified by the department. The rules may waive the payment of fees under this
2subsection for categories of emission reduction credits. The fees collected under this
3subsection shall be credited to the appropriation under s.
20.370 20.375 (2) (bg).
AB926, s. 1063
4Section
1063. 285.85 (1) of the statutes is amended to read:
AB926,296,125
285.85
(1) If the secretary finds that a generalized condition of air pollution
6exists and that it creates an emergency requiring immediate action to protect human
7health or safety, he or she shall order persons causing or contributing to the air
8pollution to reduce or discontinue immediately the emission of air contaminants, and
9such order shall fix a place and time, not later than 24 hours thereafter, for a hearing
10to be held before the department. Not more than 24 hours after the commencement
11of such hearing, and without adjournment thereof, the
natural resources board 12secretary shall affirm, modify or set aside the order
of the secretary.
AB926, s. 1064
13Section
1064. 285.86 (1) of the statutes is amended to read:
AB926,296,1614
285.86
(1) The department may follow the procedures for the issuance of a
15citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture from a person
16who commits a violation specified under sub. (2).
AB926, s. 1065
17Section
1065. 287.01 (1) of the statutes is amended to read:
AB926,296,1918
287.01
(1) "Department" means the department of
natural resources 19environmental quality.
AB926, s. 1066
20Section
1066. 287.25 (5) (a) of the statutes is amended to read:
AB926,296,2321
287.25
(5) (a) The department may enter into agreements with eligible
22applicants to make demonstration grants from the appropriation under s.
20.370 2320.375 (6) (br).
AB926, s. 1067
24Section
1067. 287.91 (4) of the statutes is amended to read:
AB926,297,3
1287.91
(4) The department of
natural resources environmental quality shall
2reimburse the department of justice for the expenses incurred in enforcing this
3chapter from the appropriation under s.
20.370 20.375 (2) (ma).
AB926, s. 1068
4Section
1068. 287.95 (4) of the statutes is amended to read:
AB926,297,75
287.95
(4) 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 for the
7violations under subs. (1), (2) (b) and (3) (b).
AB926, s. 1069
8Section
1069. 289.01 (7) of the statutes is amended to read:
AB926,297,109
289.01
(7) "Department" means the department of
natural resources 10environmental quality.
AB926, s. 1070
11Section
1070. 289.01 (31) of the statutes is amended to read:
AB926,297,1312
289.01
(31) "Secretary" means the secretary of
natural resources 13environmental quality.
AB926, s. 1071
14Section
1071. 289.09 (2) (d) of the statutes is amended to read:
AB926,298,715
289.09
(2) (d)
Use of confidential records. Except as provided under par. (c) and
16this paragraph, the department or the department of justice may use records and
17other information granted confidential status under this subsection only in the
18administration and enforcement of this chapter, ch. 287 or s. 299.15. The department
19or the department of justice may release for general distribution records and other
20information granted confidential status under this subsection if the owner or
21operator expressly agrees to the release. The department
of natural resources or the
22department of justice may release on a limited basis records and other information
23granted confidential status under this subsection if the department
of natural
24resources or the department of justice is directed to take this action by a judge or
25hearing examiner under an order which protects the confidentiality of the records or
1other information. The department
of natural resources or the department of justice
2may release to the U.S. environmental protection agency, or its authorized
3representative, records and other information granted confidential status under this
4subsection if the department
of natural resources or the department of justice
5includes in each release of records or other information a request to the U.S.
6environmental protection agency, or its authorized representative, to protect the
7confidentiality of the records or other information.
AB926, s. 1072
8Section
1072. 289.25 (1) of the statutes is amended to read:
AB926,298,189
289.25
(1) Preliminary determination if environmental impact statement is
10required. Immediately after the department determines that the feasibility report
11is complete, the department shall issue a preliminary determination on whether an
12environmental impact statement is required under s. 1.11 prior to the determination
13of feasibility. If the department determines after review of the feasibility report that
14a determination of feasibility cannot be made without an environmental impact
15statement or if the department intends to require an environmental impact report
16under s.
23.11 (5) 278.40 (1m), the department shall notify the applicant in writing
17within the 60-day period of these decisions and shall commence the process required
18under s. 1.11 or 23.11 (5).
AB926, s. 1073
19Section
1073. 289.29 (1) (c) of the statutes is amended to read:
AB926,298,2520
289.29
(1) (c) The department may receive into evidence at a hearing conducted
21under s. 289.26 or 289.27 any environmental impact assessment or environmental
22impact statement for the facility prepared under s. 1.11 and any environmental
23impact report prepared under s.
23.11 (5) 278.40 (1m). The adequacy of the
24environmental impact assessment, environmental impact statement or
25environmental impact report is not subject to challenge at that hearing.
AB926, s. 1074
1Section
1074. 289.31 (7) (f) of the statutes is amended to read:
AB926,299,102
289.31
(7) (f) If the owner or operator of a site or facility subject to an order
3under par. (d) is a municipality, the municipality is responsible for conducting any
4monitoring ordered under par. (d). The department shall, from the environmental
5fund appropriation under s.
20.370 20.375 (2) (dv), reimburse the municipality for
6the costs of monitoring that exceed an amount equal to $3 per person residing in the
7municipality for each site or facility subject to an order under par. (d), except that the
8maximum reimbursement is $100,000 for each site or facility. The department shall
9exclude any monitoring costs paid under the municipality's liability insurance
10coverage in calculating the municipal cost of monitoring a site or facility.
AB926, s. 1075
11Section
1075. 289.43 (7) (c) of the statutes is amended to read:
AB926,299,1912
289.43
(7) (c) The department shall approve the requester's exemption
13proposal if the department finds that the proposal, as approved, will comply with this
14chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11,
23.40, 59.692, 59.693, 60.627,
1561.351, 61.354, 62.231, 62.234
and, 87.30
, and 278.40. If the proposal does not
16comply with one or more of the requirements specified in this paragraph, the
17department shall provide a written statement describing how the proposal fails to
18comply with those requirements. The department shall respond to an application for
19an exemption under this subsection within 90 days.
AB926, s. 1076
20Section
1076. 289.43 (7) (e) 3. of the statutes is amended to read:
AB926,299,2221
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
22appropriation under s.
20.370 20.375 (2) (dg).
AB926, s. 1077
23Section
1077. 289.64 (6) of the statutes is amended to read:
AB926,300,3
1289.64
(6) Use of solid waste facility siting board fees. The fees collected
2under sub. (2) shall be credited to the appropriation under s.
20.370 20.375 (2) (eg)
3for transfer to the appropriation under s. 20.505 (4) (k).
AB926, s. 1078
4Section
1078. 289.68 (1) of the statutes is amended to read:
AB926,300,125
289.68
(1) Payments from the waste management fund. The department may
6expend moneys in the waste management fund only for the purposes specified under
7subs. (3) to (6) and
1991 Wisconsin Act 39, section
9142 (2w). The department may
8expend moneys appropriated under s.
20.370 20.375 (2) (dq) for the purposes
9specified under subs. (3) and (5) and
1991 Wisconsin Act 39, section
9142 (2w). The
10department may expend moneys appropriated under s.
20.370 20.375 (2) (dt) for the
11purposes specified under sub. (4). The department may expend moneys appropriated
12under s.
20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).
AB926, s. 1079
13Section
1079. 289.68 (3) of the statutes is amended to read:
AB926,300,1914
289.68
(3) Payments for long-term care after termination of proof of
15financial responsibility. The department may spend moneys appropriated under
16s.
20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for
17which the plan of operation was approved under s. 289.30 (6) before August 9, 1989,
18that accrue after the requirement to provide proof of financial responsibility expires
19under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.
AB926, s. 1080
20Section
1080. 289.68 (4) of the statutes is amended to read:
AB926,300,2421
289.68
(4) Payment of closure and long-term care costs; forfeited bonds and
22similar moneys. The department may utilize moneys appropriated under s.
20.370 2320.375 (2) (dt) for the payment of costs associated with compliance with closure and
24long-term care requirements under s. 289.41 (11) (b) 1.
AB926, s. 1081
25Section
1081. 289.68 (5) of the statutes is amended to read:
AB926,301,3
1289.68
(5) Prevention of imminent hazard. The department may utilize
2moneys appropriated under s.
20.370 20.375 (2) (dq) for the payment of costs
3associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
AB926, s. 1082
4Section
1082. 289.68 (6) of the statutes is amended to read:
AB926,301,75
289.68
(6) Payment of corrective action, forfeited bonds and recovered
6moneys. The department may utilize moneys appropriated under s.
20.370 20.375 7(2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
AB926, s. 1083
8Section
1083. 289.68 (7) of the statutes is amended to read:
AB926,301,139
289.68
(7) Report on waste management fund. With its biennial budget
10request to the department of administration under s. 16.42, the
natural resources
11board department shall include a report on the fiscal status of the waste
12management fund and an estimate of the receipts by and expenditures from the fund
13in the current fiscal year and in the future.
AB926, s. 1084
14Section
1084. 291.01 (2) of the statutes is amended to read:
AB926,301,1615
291.01
(2) "Department" means the department of
natural resources 16environmental quality.
AB926, s. 1085
17Section
1085. 292.01 (2) of the statutes is amended to read:
AB926,301,1918
292.01
(2) "Department" means the department of
natural resources 19environmental quality.
AB926, s. 1086
20Section
1086. 292.01 (17) of the statutes is amended to read:
AB926,301,2221
292.01
(17) "Secretary" means the secretary of
natural resources 22environmental quality.
AB926, s. 1087
23Section
1087. 292.11 (6) (a) of the statutes is amended to read:
AB926,302,424
292.11
(6) (a)
Contingency plan; activities resulting from discharges. The
25department may utilize moneys appropriated under s.
20.370 20.375 (2) (dv) and
1(my) in implementing and carrying out the contingency plan developed under sub.
2(5) and to provide for the procurement, maintenance and storage of necessary
3equipment and supplies, personnel training and expenses incurred in identifying,
4locating, monitoring, containing, removing and disposing of discharged substances.
AB926, s. 1088
5Section
1088. 292.11 (6) (b) of the statutes is amended to read:
AB926,302,96
292.11
(6) (b)
Limitation on equipment expenses. No more than 25% of the
7moneys available under the appropriation under s.
20.370 20.375 (2) (dv) or (my)
8during any fiscal year may be used for the procurement and maintenance of
9necessary equipment during that fiscal year.
AB926, s. 1089
10Section
1089. 292.11 (6) (c) 2. of the statutes is amended to read:
AB926,302,1311
292.11
(6) (c) 2. Reimbursements to the department under section 311, federal
12water pollution control act amendments of 1972, P.L.
92-500, shall be credited to the
13appropriation under s.
20.370 20.375 (2) (my).
AB926, s. 1090
14Section
1090. 292.12 (1) (a) of the statutes is amended to read:
AB926,302,2015
292.12
(1) (a) "Agency with administrative authority" means the department
16of agriculture, trade and consumer protection with respect to a site over which it has
17jurisdiction under s. 94.73 (2), the department of commerce with respect to a site over
18which it has jurisdiction under s. 101.144 (2) (a), or the department of
natural
19resources environmental quality with respect to a site over which it has jurisdiction
20under s. 292.11 (7).
AB926, s. 1091
21Section
1091. 292.255 of the statutes is amended to read:
AB926,303,2
22292.255 Report on brownfield efforts. The department of
natural
23resources environmental quality, the department of administration, and the
24department of commerce shall submit a report evaluating the effectiveness of this
1state's efforts to remedy the contamination of, and to redevelop, brownfields, as
2defined in s. 560.13 (1) (a).
AB926, s. 1092
3Section
1092. 292.31 (4) of the statutes is amended to read:
AB926,303,104
292.31
(4) Monitoring costs at nonapproved facilities owned or operated by
5municipalities. Notwithstanding the environmental response rules under sub. (2) or
6the environmental repair authority, remedial action sequence
, and emergency
7response requirements under sub. (3), the department shall pay that portion of the
8cost of any monitoring requirement
which that is to be paid under s. 289.31 (7) (f)
9from the appropriation under s.
20.370 20.375 (2) (dv) prior to making other
10payments from that appropriation.
AB926, s. 1093
11Section
1093. 292.31 (7) (am) 2. of the statutes is amended to read:
AB926,303,1912
292.31
(7) (am) 2. The department may acquire an interest in property from
13any person as part of a remedial action conducted in cooperation with the federal
14environmental protection agency if the acquisition is necessary to implement the
15remedy. Under this subdivision, the department may acquire an interest in property
16that is necessary to ensure that restrictions on the use of land or groundwater are
17enforceable. The department may expend moneys from the appropriations under ss.
1820.370 20.375 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an
19interest in property acquired by the department under this subdivision.
AB926, s. 1094
20Section
1094. 292.31 (7) (b) of the statutes is amended to read:
AB926,304,421
292.31
(7) (b) The department may expend moneys from the appropriations
22under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under
42 USC 9601,
23et seq. The department shall promulgate by rule criteria for the expenditure of
24moneys from the appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg).
25The criteria shall include consideration of the amount of moneys available in the
1appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys
2available from other sources for the required sharing of costs, the differences
3between public and private sites or facilities, the potential for cost recovery from
4responsible parties and any other appropriate factors.
AB926, s. 1095
5Section
1095. 292.33 (6) of the statutes is amended to read:
AB926,304,116
292.33
(6) Exception. A local governmental unit may not recover costs under
7this section for remedial activities conducted on a property or portion of a property
8with respect to a discharge after the department of
natural resources environmental
9quality, the department of commerce or the department of agriculture, trade and
10consumer protection has indicated that no further remedial activities are necessary
11on the property or portion of the property with respect to the discharge.
AB926, s. 1096
12Section
1096. 292.41 (6) (a) of the statutes is amended to read:
AB926,304,1713
292.41
(6) (a) The department may utilize moneys appropriated under s.
1420.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall
15utilize these moneys to provide for the procurement, maintenance and storage of
16necessary equipment and supplies, personnel training and expenses incurred in
17locating, identifying, removing and disposing of abandoned containers.
AB926, s. 1097
18Section
1097. 292.41 (6) (b) of the statutes is amended to read:
AB926,304,2119
292.41
(6) (b) No more than 25% of the total of all moneys available under the
20appropriation under s.
20.370 20.375 (2) (dv) and (my) may be used annually for the
21procurement and maintenance of necessary equipment during that fiscal year.
AB926, s. 1098
22Section
1098. 292.53 of the statutes is amended to read: