SB326: Bill Text

SB326,19,5 (c) Every notice issued by the department of the department's intention to issue a general permit under sub. (1) (a) or (am) shall include a description of the activities proposed to be authorized under the general permit.

SB326, s. 52 Section 52. 30.206 (2m) of the statutes is created to read:

SB326,19,13 30.206 (2m) Public hearing. (a) 1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public hearing with respect to the department's intention to issue a general permit under sub. (1) (a) or (am). Such request for a public hearing shall be filed with the department within 30 days after the circulation of the public notice under sub. (2b) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.

SB326,19,17 2. The department shall hold a public hearing upon a request under subd. 1. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this section are not contested cases under s. 227.01 (3).

SB326,19,19 (b) Public notice of any hearing held under this subsection shall be circulated in accordance with the requirements under sub. (2b).

SB326, s. 53 Section 53. 30.2065 (3) (a) 1. of the statutes is amended to read:

SB326,19,22 30.2065 (3) (a) 1. Publication of the notice as a class 1 notice under ch. 985 or as a notice on the department's Internet Web site.

SB326, s. 54 Section 54. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and amended to read:

SB326,20,10 30.208 (2) (a) Review; no additional information required. In issuing individual permits or entering contracts under this subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than review an application, and within 30 days after the application is submitted, the department shall determine that either the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall notify the applicant in writing about the initial determination of completeness of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure for purposes of sub. (3) (a).

SB326,20,22 (b) Additional information requested. If the department determines that the application is incomplete, the department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par. (a). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.

SB326,21,12 (c) Specificity of notice; limits on information. Any notice stating that an application has been determined to be incomplete or any other request for information that is sent under par. (b) shall state the reason for the determination or request and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete that are still needed.

SB326, s. 55 Section 55. 30.208 (2) (d) of the statutes is created to read:

SB326,21,17 30.208 (2) (d) Failure to meet time limits. If the department fails to meet the 30-day time limit under par. (a) or 10-day time limit under par. (b), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period for purposes of sub. (3) (a).

SB326, s. 56 Section 56. 30.208 (3) (a) of the statutes is amended to read:

SB326,22,2 30.208 (3) (a) Upon determination by the department under sub. (2), that an application submitted under sub. (1) is complete Within 15 days after the date of closure, as determined under sub. (2) (a) or (b), the department shall provide notice of complete pending 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 pending application.

SB326, s. 57 Section 57. 30.208 (3) (b) of the statutes is amended to read:

SB326,22,8 30.208 (3) (b) If the notice of complete pending 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 with or without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

SB326, s. 58 Section 58. 30.208 (3) (c) of the statutes is amended to read:

SB326,22,15 30.208 (3) (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 20 days after the department completes providing provides the notice of complete pending 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 decision to hold a public hearing.

SB326, s. 59 Section 59. 30.208 (3) (e) of the statutes is amended to read:

SB326,22,21 30.208 (3) (e) Within 30 20 days after the public hearing is held period for public comment under sub. (4) (b) has ended 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 or disapproving the contract that is the subject of the application submitted under sub. (1).

SB326, s. 60 Section 60. 30.208 (3) (f) of the statutes is created to read:

SB326,23,3 30.208 (3) (f) If the department fails to comply with the time periods under par. (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

SB326, s. 61 Section 61. 30.208 (4) (a) of the statutes is amended to read:

SB326,23,12 30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending 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 pending application, except as provided in par. (b).

SB326, s. 62 Section 62. 30.208 (4m) of the statutes is created to read:

SB326,23,19 30.208 (4m) Denials. If a decision is issued by the department under this section that denies a permit or a modification of a permit or disapproves a contract, the notice of denial or disapproval shall set forth the specific reasons as to how the applicable provisions of this subchapter were not met. The notice of denial or disapproval may not be based on a determination that the application for the permit or contract was incomplete.

SB326, s. 63 Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:

SB326,23,24 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending 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:

SB326, s. 64 Section 64. 30.208 (5) (a) 1. of the statutes is amended to read:

SB326,24,2 30.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985 or as a notice on the department's Internet Web site.

SB326, s. 65 Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:

SB326,24,7 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending 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:

SB326, s. 66 Section 66. 30.208 (5) (b) 4. of the statutes is amended to read:

SB326,24,11 30.208 (5) (b) 4. For a notice of complete pending 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.

SB326, s. 67 Section 67. 30.208 (5) (b) 5. of the statutes is amended to read:

SB326,24,16 30.208 (5) (b) 5. For a notice of complete pending 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).

SB326, s. 68 Section 68. 30.209 (2) (a) of the statutes is amended to read:

SB326,24,19 30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

SB326, s. 69 Section 69. 30.209 (2) (b) of the statutes is amended to read:

SB326,25,3 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

SB326, s. 70 Section 70. 30.209 (2) (c) of the statutes is amended to read:

SB326,25,10 30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (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.

SB326, s. 71 Section 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:

SB326,25,14 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

SB326, s. 72 Section 72. 30.209 (2) (e) of the statutes is created to read:

SB326,25,18 30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

SB326, s. 73 Section 73. 30.2095 (1) (b) of the statutes is amended to read:

SB326,25,24 30.2095 (1) (b) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, the The department may shall extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.

SB326, s. 74 Section 74. 31.12 (5) of the statutes is created to read:

SB326,26,4 31.12 (5) The department shall establish an expedited procedure for approval of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The expedited procedure shall apply, in lieu of the procedure under this section, if all of the following are satisfied:

SB326,26,6 (a) The plan design is of a common construction and size or is for a minor addition to an existing dam.

SB326,26,7 (b) The plan design is submitted by a registered professional engineer.

SB326,26,9 (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.

SB326,26,11 (d) The plan design contains no unusual siting requirements or other unique design features.

SB326,26,14 (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.

SB326, s. 75 Section 75. 84.01 (23) of the statutes is amended to read:

SB326,26,22 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.

SB326, s. 76 Section 76. 227.01 (13) (rt) of the statutes is amended to read:

SB326,26,24 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

SB326, s. 77 Section 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:

SB326,27,2 281.344 (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.

SB326, s. 78 Section 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:

SB326,27,5 281.346 (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.

SB326, s. 79 Section 79. 281.41 (5) of the statutes is created to read:

SB326,27,9 281.41 (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:

SB326,27,11 (a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

SB326,27,12 (b) The plan design is submitted by a registered professional engineer.

SB326,27,14 (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.

SB326,27,16 (d) The plan design contains no unusual siting requirements or other unique design features.

SB326, s. 80 Section 80. 283.39 (1) (a) of the statutes is amended to read:

SB326,27,19 283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site;

SB326, s. 81 Section 81. 283.53 (1) of the statutes is amended to read:

SB326,27,24 283.53 (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.

SB326, s. 82 Section 82. 285.61 (5) (c) of the statutes is amended to read:

SB326,28,4 285.61 (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.

SB326, s. 83 Section 83. 285.62 (3) (c) of the statutes is amended to read:

SB326,28,9 285.62 (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.

SB326, s. 84 Section 84. 285.63 (11) of the statutes is created to read:

SB326,28,12 285.63 (11) Modeling. The department is not required to use air dispersion modeling as a basis for making its findings under subs. (1) to (3).

SB326, s. 85 Section 85. 285.76 (2) (a) of the statutes is amended to read:

SB326,28,21 285.76 (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.

SB326, s. 86 Section 86. 289.25 (3) of the statutes is amended to read:

SB326,29,12 289.25 (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.

SB326, s. 87 Section 87. 289.31 (4) (a) of the statutes is amended to read:

SB326,29,16 289.31 (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.

SB326, s. 88 Section 88. 289.41 (1m) (g) 1. of the statutes is amended to read:

SB326,30,16 289.41 (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.