Amendment ASA1-AB40

AB40-ASA1,1195,20 283.15 (3) (b) The secretary shall issue a tentative decision on the an application for a variance under sub. (2) (am) 1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

AB40-ASA1, s. 2940 Section 2940. 283.15 (3) (a) of the statutes is created to read:

AB40-ASA1,1195,24 283.15 (3) (a) The secretary shall issue a tentative decision on an application for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the permit.

AB40-ASA1, s. 2941 Section 2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:

AB40-ASA1,1196,5 283.15 (4) (a) 1. (intro.) Within 90 days after expiration of the comment period under sub. (3), the The secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:

AB40-ASA1, s. 2942 Section 2942. 283.15 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,1196,9 283.15 (4) (a) 2. Within 90 days after the expiration of the comment period under sub. (3), the The secretary shall deny a requested variance if the permittee fails to make the demonstration required under subd. 1.

AB40-ASA1, s. 2943 Section 2943. 283.15 (4) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 2944 Section 2944. 283.15 (4) (b) of the statutes is repealed.

AB40-ASA1, s. 2945 Section 2945. 283.15 (4) (c) of the statutes is repealed.

AB40-ASA1, s. 2946 Section 2946. 283.15 (5) (b) of the statutes is amended to read:

AB40-ASA1,1196,23 283.15 (5) (b) A variance applies for the term established by the secretary, but not to exceed 3 5 years. The term of the initial variance and any renewals thereof may not exceed the time that the secretary determines is necessary to achieve the water quality based effluent limitation. Initial and interim effluent limitations established under par. (c) 1. apply, as appropriate, for the term of the underlying permit as issued, reissued or modified to implement the decision under sub. (4) (b) (a) 1. or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s. 227.51 (2) shall apply for the purposes of continuing the provisions of a permit pending the issuance or reissuance of a permit. Upon the issuance or reissuance of the new permit, sub. (2) (a) 2. and s. 283.63 (1) (am) apply.

AB40-ASA1, s. 2947 Section 2947. 283.15 (5) (c) (intro.) of the statutes is amended to read:

AB40-ASA1,1197,3 283.15 (5) (c) (intro.) The department shall require all of the following in a permit reissued or modified pursuant to sub. (4) (c) to implement a variance shall require:

AB40-ASA1, s. 2948 Section 2948. 283.15 (5) (c) 1. of the statutes is amended to read:

AB40-ASA1,1197,13 283.15 (5) (c) 1. Compliance with an initial effluent limitation which that at the time the variance is approved represents the level currently achievable by the permittee and that is no less stringent than the effluent limitation achieved under the permit before reissuance. At the time a variance is approved a compliance schedule and an interim effluent limitation that is achievable by the permittee during the term of the variance may be specified. The initial and the interim effluent limitations may not be less stringent than a categorical effluent limitation that applies to the permittee under s. 283.13 (2) or (4) or 283.19 or a toxic effluent standard that applies to the permittee under s. 283.21.

AB40-ASA1, s. 2949 Section 2949. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,1197,21 283.15 (5) (c) 2. (intro.) Investigation of treatment technologies, process changes, pollution prevention, wastewater reuse or other techniques that may result in compliance by the permittee with the water quality standard adopted under s. 281.15, and submission of reports on the investigations at such times as required by the department. The secretary shall modify or waive the requirements specified in this subdivision if the secretary determines, based upon comments received on the tentative decision under sub. (3), that the requirements of this subdivision are:

AB40-ASA1, s. 2950 Section 2950. 283.15 (6) of the statutes is amended to read:

AB40-ASA1,1198,2 283.15 (6) Renewal. A variance may be renewed using the procedures in and subject to subs. (2) to (5). A variance may not be renewed if the permittee did not submit the reports required under sub. (5) (c) 2. or substantially comply with all other conditions of the variance.

AB40-ASA1, s. 2951 Section 2951. 283.39 (3) (dm) of the statutes is created to read:

AB40-ASA1,1198,9 283.39 (3) (dm) If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;

AB40-ASA1, s. 2951k Section 2951k. 283.60 of the statutes is created to read:

AB40-ASA1,1198,15 283.60 Waiver for certain nutrient management research projects. (1) The department may waive the requirement for a permit under this chapter for a research project for the purpose of evaluating advanced agricultural nutrient management tools and precision agricultural technology, if all of the following conditions are met:

AB40-ASA1,1198,17 (a) The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.

AB40-ASA1,1198,18 (b) The department reviews and approves the project before the project begins.

AB40-ASA1,1198,23 (c) The person who will operate the project agrees to take necessary actions to maintain compliance with surface water and groundwater requirements under ch. 281 and this chapter, other than the permitting requirement, and to take necessary actions to regain compliance with those requirements if a violation occurs in the course of the project.

AB40-ASA1,1199,4 (2) A person seeking a waiver under sub. (1) shall apply to the department in writing. The department shall approve or deny an application in writing no more than 45 days after receiving a complete application. The department may approve an application with conditions, including requirements for reporting project activities to the department and limitations on the duration of the project or the waiver for the project.

AB40-ASA1,1199,6 (3) A project for which the department grants a waiver under sub. (1) is an agricultural practice for the purposes of s. 823.08.

AB40-ASA1, s. 2952 Section 2952. 285.39 (4) of the statutes is amended to read:

AB40-ASA1,1199,18 285.39 (4) Report on new replenishment mechanisms. After expiration of the replenishment implementation period, if the department reports under sub. (2) (b) 1. or determines at any other time that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of commerce safety and professional services, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accuracy of this state's state implementation plan with respect to the effect of emissions from inside and outside the volatile organic compound accommodation area on the ambient air quality within the area.

AB40-ASA1, s. 2955 Section 2955. 285.79 (3) (intro.) of the statutes is amended to read:

AB40-ASA1,1199,23 285.79 (3) Assistance program. (intro.) The department shall, in cooperation with the small business ombudsman clearinghouse under s. 560.03 (9), develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all of the following:

AB40-ASA1, s. 2956 Section 2956. 287.01 (5) of the statutes is repealed.

AB40-ASA1, s. 2957b Section 2957b. 287.01 (8) of the statutes is amended to read:

AB40-ASA1,1200,2 287.01 (8) "Region" means the area within the boundaries of a responsible unit or an out-of-state unit.

AB40-ASA1, s. 2960 Section 2960. 287.03 (1) (f) of the statutes is repealed.

AB40-ASA1, s. 2961 Section 2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and amended to read:

AB40-ASA1,1200,9 287.07 (3) General disposal restrictions Waste tires. Beginning on January 1, 1995, no person may dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire without energy recovery in a solid waste treatment facility in this state any of the following: .

AB40-ASA1, s. 2962 Section 2962. 287.07 (3) (a) to (k) of the statutes are repealed.

AB40-ASA1, s. 2963b Section 2963b. 287.07 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,1200,15 287.07 (4) General incineration disposal restrictions. (intro.) Beginning on January 1, 1995, no person may dispose of in a solid waste disposal facility, convert into fuel, or burn with energy recovery at a solid waste treatment facility in this state any of the following:

AB40-ASA1, s. 2963e Section 2963e. 287.07 (4e) of the statutes is created to read:

AB40-ASA1,1200,21 287.07 (4e) General restrictions on placing in container. (a) Beginning on the effective date of this paragraph .... [LRB inserts date], no person may place in a container the contents of which will be disposed of in a solid waste treatment facility, converted into fuel, or burned at a solid waste treatment facility any of the items identified in sub. (4) (a) to (k).

AB40-ASA1,1200,25 (b) Beginning on the effective date of this paragraph .... [LRB inserts date], no person may place a waste tire in a container the contents of which will be disposed of in a solid waste disposal facility or burned without energy recovery in a solid waste treatment facility.

AB40-ASA1, s. 2965 Section 2965. 287.07 (7) (b) 2. of the statutes is amended to read:

AB40-ASA1,1201,8 287.07 (7) (b) 2. A prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.

AB40-ASA1, s. 2966 Section 2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:

AB40-ASA1,1201,12 287.07 (7) (c) 1. cg. "Medical waste" means containers, packages and materials identified under sub. (3) or (4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

AB40-ASA1, s. 2967 Section 2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,1201,15 287.07 (7) (c) 2. (intro.) The prohibitions in subs. (3) and (4) and (4e) do not apply with respect to any of the following:

AB40-ASA1, s. 2968 Section 2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:

AB40-ASA1,1201,23 287.07 (7) (c) 2. b. The disposal of, in a solid waste disposal facility, or the placing of, in a container the contents of which will be disposed of in a solid waste facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ch. 289, to render the infectious waste noninfectious.

AB40-ASA1, s. 2969b Section 2969b. 287.07 (7) (d) of the statutes is amended to read:

AB40-ASA1,1202,3 287.07 (7) (d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.

AB40-ASA1, s. 2970 Section 2970. 287.07 (7) (f) of the statutes is amended to read:

AB40-ASA1,1202,8 287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB40-ASA1, s. 2972 Section 2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:

AB40-ASA1,1202,13 287.07 (7) (h) 1. (intro.) The department may grant a waiver or conditional waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:

AB40-ASA1, s. 2977b Section 2977b. 287.11 (1) of the statutes is amended to read:

AB40-ASA1,1202,20 287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation.

AB40-ASA1, s. 2977d Section 2977d. 287.11 (2e) of the statutes is repealed.

AB40-ASA1, s. 2977f Section 2977f. 287.11 (2m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1203,3 287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

AB40-ASA1, s. 2977h Section 2977h. 287.11 (2m) (c) of the statutes is amended to read:

AB40-ASA1,1203,11 287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

AB40-ASA1, s. 2977j Section 2977j. 287.11 (2p) (c) of the statutes is amended to read:

AB40-ASA1,1203,15 287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

AB40-ASA1, s. 2977L Section 2977L. 287.11 (3) of the statutes is amended to read:

AB40-ASA1,1203,18 287.11 (3) List. The department shall prepare and periodically update a list of responsible units and out-of-state units that have an effective recycling program.

AB40-ASA1, s. 2977n Section 2977n. 287.11 (4) of the statutes is repealed.

AB40-ASA1, s. 2977p Section 2977p. 287.17 (1) (np) of the statutes is amended to read:

AB40-ASA1,1203,24 287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, a private school participating in the program under s. 118.62, or a private school participating in the program under s. 119.23.

AB40-ASA1, s. 2980b Section 2980b. 287.23 (1) (c) of the statutes is repealed.

AB40-ASA1, s. 2980c Section 2980c. 287.23 (1m) of the statutes is repealed.

AB40-ASA1, s. 2980d Section 2980d. 287.23 (3) (a) of the statutes is repealed.

AB40-ASA1, s. 2980f Section 2980f. 287.23 (3) (ac) of the statutes is repealed.

AB40-ASA1, s. 2980h Section 2980h. 287.23 (5) of the statutes is repealed.

AB40-ASA1, s. 2980j Section 2980j. 287.23 (5e) of the statutes is repealed.

AB40-ASA1, s. 2980L Section 2980L. 287.23 (5m) of the statutes is repealed.

AB40-ASA1, s. 2980n Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:

AB40-ASA1,1204,10 287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1,1204,13 (b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1,1204,16 (c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1, s. 2980p Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and amended to read:

AB40-ASA1,1204,21 287.23 (6) Disbursement. Except as provided in par. (b), the The department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.

AB40-ASA1, s. 2980r Section 2980r. 287.23 (6) (b) of the statutes is repealed.

AB40-ASA1, s. 2981 Section 2981. 287.235 of the statutes is repealed.

AB40-ASA1, s. 2981g Section 2981g. 287.24 of the statutes is created to read: