AB421: Bill Text

AB421,26,9 (c) The plan design is submitted by a person who has designed similar dams and none of those similar dams has caused adverse impacts to the environment.

AB421,26,11 (d) The plan design contains no unusual siting requirements or other unique design features.

AB421,26,14 (e) The plan design is for a dam that is located entirely on land that the permit grantee owns or that is located entirely on land for which the permit grantee has acquired an easement.

AB421, s. 75 Section 75. 84.01 (23) of the statutes is amended to read:

AB421,26,22 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village , and city bridges, arches or culverts. The standards and specifications shall be developed after consultation with the department of natural resources, and shall be directed at preventing undue impairment of public rights in navigable waters. All highway bridges, arches, and culverts constructed or reconstructed by a county, town, village, or city shall be done in accordance with these standards and specifications.

AB421, s. 76 Section 76. 227.01 (13) (rt) of the statutes is amended to read:

AB421,26,24 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

AB421, s. 77 Section 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:

AB421,27,2 281.344 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site.

AB421, s. 78 Section 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:

AB421,27,5 281.346 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site.

AB421, s. 79 Section 79. 281.41 (5) of the statutes is created to read:

AB421,27,9 281.41 (5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under sub. (1) (b) if all of the following are satisfied:

AB421,27,11 (a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

AB421,27,12 (b) The plan design is submitted by a registered professional engineer.

AB421,27,14 (c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.

AB421,27,16 (d) The plan design contains no unusual siting requirements or other unique design features.

AB421, s. 80 Section 80. 283.39 (1) (a) of the statutes is amended to read:

AB421,27,19 283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site;

AB421, s. 81 Section 81. 283.53 (1) of the statutes is amended to read:

AB421,27,24 283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall have a an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit. There is a no limit on the number of times that a permit may be renewed.

AB421, s. 82 Section 82. 285.61 (5) (c) of the statutes is amended to read:

AB421,28,4 285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice under ch. 985, or shall publish notice on its Internet Web site, announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination.

AB421, s. 83 Section 83. 285.62 (3) (c) of the statutes is amended to read:

AB421,28,9 285.62 (3) (c) The department shall publish the notice prepared under par. (a) as a class 1 notice under ch. 985 in a newspaper published in the area that may be affected by emissions from the stationary source, or shall publish the notice on its Internet Web site.

AB421, s. 84 Section 84. 285.63 (11) of the statutes is created to read:

AB421,28,12 285.63 (11) Modeling. The department is not required to use air dispersion modeling as a basis for making its findings under subs. (1) to (3).

AB421, s. 85 Section 85. 285.76 (2) (a) of the statutes is amended to read:

AB421,28,21 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, or publish a notice on the department's Internet Web site; and publish a class 1 notice, under ch. 985, in the official state newspaper; and provide a written statement concerning the proposed redesignation to those newspapers each newspaper in which it publishes a class 1 notice under this subsection.

AB421, s. 86 Section 86. 289.25 (3) of the statutes is amended to read:

AB421,29,12 289.25 (3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility, or shall publish a notice on its Internet Web site. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32.

AB421, s. 87 Section 87. 289.31 (4) (a) of the statutes is amended to read:

AB421,29,16 289.31 (4) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely to give notice in the area where the facility is located or publishing a notice on its Internet Web site.

AB421, s. 88 Section 88. 289.41 (1m) (g) 1. of the statutes is amended to read:

AB421,30,16 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner's obligation to maintain proof of financial responsibility for long-term care of the facility. Upon receipt of an application under this subdivision, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the facility, or shall publish a notice on its Internet Web site. The notice shall include a statement that the owner has applied to terminate the owner's obligation to maintain proof of financial responsibility for the long-term care of the facility. The notice shall invite the submission of written comments by any person within 30 days after the notice is published. The notice shall describe the methods by which a hearing may be requested under subds. 2. and 3. The department shall distribute a copy of the notice to the owner of the facility. In any hearing on the matter, the burden is on the owner to prove by a preponderance of the evidence that continuation of the requirement to provide proof of financial responsibility for long-term care is not necessary for adequate protection of human health or the environment. Within 120 days after the publication of the notice or within 60 days after any hearing is adjourned, whichever is later, the department shall determine whether proof of financial responsibility for long-term care of the facility continues to be required. A determination that proof of financial responsibility for long-term care is no longer required terminates the owner's obligation to maintain proof of financial responsibility for long-term care. The owner may not submit another application under this subdivision until at least 5 years after the previous application has been rejected by the department.

AB421, s. 89 Section 89. 291.87 (3) of the statutes is amended to read:

AB421,31,2 291.87 (3) If the licensee requests a hearing within 45 days after receiving the notice under sub. (2), the department shall schedule a hearing and give notice of the hearing by publishing a class 1 notice, under ch. 985, or by publishing a notice on its Internet Web site, at least 45 days prior to the date scheduled for the hearing. If the licensee requests a contested case hearing and if the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a contested case; otherwise, the department shall conduct the hearing as an informational hearing. There is no statutory right to any hearing concerning the denial, suspension or revocation of a license for the reasons stated under sub. (1m) (b) to (f) except as provided under this subsection.

AB421, s. 90 Section 90. 291.87 (6) (a) of the statutes is amended to read:

AB421,31,6 291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely to give notice in the area where the facility is located or publishing a notice on its Internet Web site.

AB421, s. 91 Section 91. 292.31 (3) (f) of the statutes is amended to read:

AB421,31,20 292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice, under ch. 985 or shall publish a notice on its Internet Web site, prior to taking remedial action under this subsection and subs. (1) and (7), which describes the proposed remedial action and the amount and purpose of any proposed expenditure. Except as provided under par. (d), the department shall provide a hearing to any person who demands a hearing within 30 days after the notice is published for the purpose of determining whether the proposed remedial action and any expenditure is within the scope of this section and is reasonable in relation to the cost of obtaining similar materials and services. The department is not required to conduct more than one hearing for the remedial action proposed at a single site or facility. Notwithstanding s. 227.42, the hearing shall not be conducted as a contested case. The decision of the department to take remedial action under this section is a final decision of the agency subject to judicial review under ch. 227.

AB421, s. 92 Section 92. 299.05 of the statutes is repealed and recreated to read:

AB421,31,24 299.05 Deadlines for action on certain applications. (1) Definition. In this section, "approval" means a license, registration, or certification specified in sub. (2).

AB421,32,3 (2) Deadlines. (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB421,32,4 1. A well driller or pump installer registration under s. 280.15.

AB421,32,6 2. A water system or septage servicing vehicle operator certification under s. 281.17 (3).

AB421,32,7 3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).

AB421,32,8 4. A solid waste incinerator operator certification under s. 285.51 (2).

AB421,32,9 5. A laboratory certification or registration under s. 299.11.

AB421,32,12 (b) The department shall approve or disapprove an application for any of the following within 30 days from the date on which the department receives the application:

AB421,32,13 1. A solid waste disposal facility operator certification under s. 289.42 (1).

AB421,32,14 2. A hazardous waste transportation license under s. 291.23.

AB421,32,15 3. A medical waste transportation license under s. 299.51 (3) (c).

AB421,32,18 (c) The department shall approve or disapprove an application for an oil or gas exploration license under s. 295.33 (1) within 60 days from the date on which the department receives the application.

AB421,32,24 (2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the approval.

AB421,33,7 (b) Subject to sub. (4), if the department fails to provide the applicant for an approval with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2).

AB421,33,10 (c) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB421,33,13 (3) Notice of deadline. Upon receiving an application for an approval, the department shall inform the applicant of the period established under sub. (2) for the license or other approval.

AB421,33,16 (4) Permitted extension of deadline. The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

AB421,33,19 (a) Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB421,33,21 (b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

AB421,33,24 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

AB421,34,3 (d) The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

AB421, s. 93 Section 93. 299.06 of the statutes is created to read:

AB421,34,6 299.06 Automatic approval of certain applications. (1) Definition. In this section, "approval" means a permit, license, or approval specified in sub. (1m).

AB421,34,9 (1m) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB421,34,10 (a) A high-capacity well approval under s. 281.34 (2).

AB421,34,11 (b) A prospecting permit under s. 293.45.

AB421,34,12 (c) An oil or gas production license under s. 295.33 (2).

AB421,34,25 (2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the department to provide the applicant for an approval with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1m) for the approval constitutes approval of the application. An approval approved under this paragraph is subject to any terms or conditions specified by statute or rule for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. The department may not make the approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1m) for the approval, the department shall provide the applicant with a statement showing that the approval is approved and specifying any terms and conditions that apply to that approval.

AB421,35,3 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1m).

AB421,35,6 (3) Notice of deadline. Upon receiving an application for an approval the department shall inform the applicant of the period established under sub. (1m) for the approval.

AB421,35,8 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1m):

AB421,35,11 (a) A longer period under sub. (1m) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB421,35,15 (b) Extensions of the period established under sub. (1m) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB421,35,17 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB421,35,21 (5) Extensions authorized. (a) During the period established under sub. (1m), the department and the applicant may jointly agree to a different period for acting on an application for an approval. The department may not require an applicant to agree to a different period as a condition of approving an application.

AB421,35,23 (b) The department may extend a period established under sub. (1m) (a) to (c) because an application is incomplete if all of the following apply:

AB421,36,3 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB421,36,5 2. The information under subd. 1. is directly related to eligibility for the approval or to terms or conditions of the approval.

AB421,36,7 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

AB421,36,10 4. The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB421,36,18 (c) The department may extend a period established under sub. (1m) (a) to (c) for an application by not more than 30 days if, within the period established under sub. (1m) (a) to (c), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1m) (a) to (c) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB421, s. 94 Section 94. 299.17 of the statutes is created to read:

AB421,36,24 299.17 Web site information. To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.

AB421, s. 95 Section 95. Initial applicability.

AB421,37,5 (1) The treatment of section 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), and (f), (4) (a), (4m), and (5) (a) (intro.) and (b) (intro.), 4., and 5. of the statutes, the renumbering and amendment of section 30.208 (2) of the statutes, and the creation of section 30.208 (2) (d) of the statutes first apply to applications for individual permits or contracts that are submitted on the effective date of this subsection.

AB421,37,7 (2) The treatment of section 30.209 (2) (e) of the statutes first applies to administrative hearings that are commenced on the effective date of this subsection.

AB421, s. 96 Section 96. Effective date.