1995 Wisconsin Act 227

5. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of any growth accommodation credits issued since the date of the report under s. 144.40 285.39 (2) (b) 1., is greater than 2,500 tons but less than or equal to 3,000 tons, the department may certify no more than 250 tons to the applicant in that year.

8. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, would be 2,500 tons or less, the department may certify to the applicant a growth accommodation credit in the amount determined under this section if, because of facility shutdowns or replenishment activities under s. 144.40 285.39 that have occurred, the growth accommodation for the next succeeding year after reduction by the amount of the growth accommodation credit will be greater than 2,500 tons.

(10) (a) In this subsection, “medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

(b) In addition to the requirements under subs. (1) to (3), the department may approve an application submitted after May 14, 1992, for a permit required or allowed under s. 144.391 285.60 for the construction of a medical waste incinerator or for the modification of a medical waste incinerator that expands the capacity of the medical waste incinerator only if it finds that the new or modified medical waste incinerator will be needed and that the site of the medical waste incinerator is appropriate.

(c) 4. The quantity of waste having the potential to be burned in the medical waste incinerator that may be managed in an effective recycling program created under s. 159.11 287.11.

227,489 Section 489 . 144.3935 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.64, and 285.64 (1) (a) (intro.) and (b) and (2), as renumbered, are amended to read:

285.64 (1) (a) (intro.) Notwithstanding s. 144.393 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 144.31 (1) (f) 285.11 (6) or in s. 144.393 285.63 when the operation permit is issued if the operation permit includes all of the following:

(b) Notwithstanding par. (a) and s. 144.393 285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) 285.62 (6) unless the department revises the operation permit to meet the objection.

(2) One-year moratorium on revocation. (a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.

(b) Notwithstanding par. (a), the department may take any other action necessary to enforce an operation permit and ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 which apply to the existing source after issuance of an operation permit under this section.

227,490 Section 490 . 144.394 (intro.), (1), (2), (3), (4), (5), (6), (7), (7m), (8), (9), (10), (11), (12) and (13) of the statutes are renumbered 285.65 (intro.), (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14), and 285.65 (intro.), (3), (8) and (9), as renumbered, are amended to read:

285.65 Permit conditions. (intro.) The department may prescribe conditions for an air pollution control permit to ensure compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:

(3) Requirements necessary to assure compliance with s. 144.393 285.63.

(8) The terms for use of growth accommodation credits under s. 144.393 285.63 (7) or (8), including the dates that the source expects to use the credits.

(9) Requirements concerning entry and inspection as provided in s. 144.34 285.19.

227,491 Section 491 . 144.395 of the statutes is renumbered 285.67.

227,492 Section 492 . 144.396 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.66, and 285.66 (2) and (3) (b) and (c), as renumbered, are amended to read:

285.66 (2) Operation. The department shall specify the term of an operation permit in the operation permit. The term of an operation permit issued under s. 144.3925 285.62 or renewed under sub. (3) may not exceed 5 years from the date of issuance or renewal.

(3) (b) The department shall follow the procedures in s. 144.3925 285.62 in renewing an operation permit for a new source, a modified source or an existing source.

(c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met. Notwithstanding s. 144.3935 285.64 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.

227,493 Section 493 . 144.398 of the statutes is renumbered 285.68.

227,494 Section 494 . 144.399 (title) and (1) of the statutes are renumbered 285.69 (title) and (1).

227,495 Section 495 . 144.399 (2) (title) and (a) (intro.), 1., 2., 2g., 2r., 3. and 4. of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.69 (2) (title) and (a) (intro.), 1., 2., 3., 4., 5. and 6., and 285.69 (2) (a) 2., 3. and 5., as renumbered, are amended to read:

285.69 (2) (a) 2. Except as provided under par. (c) (d), that the fees collected in 1993 are $18 per ton of each regulated pollutant.

3. Except as provided under par. (c) (d), that the fees collected in 1994 are $25 per ton increased by the percentage by which the consumer price index, as defined in 42 USC 7661a (b) (3) (B) (v), for 1993 exceeds the consumer price index for 1989.

5. That fees are not based on emissions by an air contaminant source in excess of 4,000 tons per year of each regulated pollutant, except that, subject to par. (am) (b), this limitation does not apply to a major utility, as defined in s. 144.385 (2) (b) 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

227,496 Section 496 . 144.399 (2) (am) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.69 (2) (b) and amended to read:

285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit under 42 USC 7651c owned by that major utility if the prohibition in par. (a) 4. 6. did not exist.

227,497 Section 497. 144.399 (2) (b) and (c) of the statutes are renumbered 285.69 (2) (c) and (d).

227,498 Section 498 . 144.399 (3) to (6) of the statutes are renumbered 285.69 (3) to (6), and 285.69 (5) (a) and (d), as renumbered, are amended to read:

285.69 (5) (a) A one-time growth accommodation use fee shall be imposed at the time of application upon any person who obtains a certified growth accommodation credit under s. 144.393 285.63 (7). If the amount of credit per calendar year varies between calendar years, the amount of the fee shall be based upon the largest annual credit for any calendar year. If the person submits more than one application in any calendar year, the fee for the application shall be based upon the largest cumulative credit obtained for any calendar year. A fee is nonrefundable, except that in determining a fee for an application in any calendar year, the department shall credit once to the person an amount equal to any fee previously paid in the same calendar year. All fees collected under this subsection shall be deposited in the general fund.

(d) A stationary source which is operating without an air pollution control permit required under s. 144.391 285.60 but which can demonstrate to the satisfaction of the department the ability to comply with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 after obtaining a growth accommodation credit under s. 144.393 285.63 (7) shall be required to pay an amount from $200 to $1,000 times the amount of the growth accommodation credit certified to the person, expressed in tons per year.

227,499 Section 499 . 144.399 (7) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 285.69 (7) and amended to read:

285.69 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 144.393 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bg).

227,500 Section 500 . 144.40 of the statutes is renumbered 285.39, and 285.39 (1) (d), (3) (a) and (5), as renumbered, are amended to read:

285.39 (1) (d) Net certified accommodation credits are the sum of all volatile organic compound growth accommodation credits certified to date under s. 144.393 285.63 (7) or (8) minus the sum of the actual annual emissions of volatile organic compounds for the year 2 years before the specified year attributable to the sources receiving volatile organic compound growth accommodation credits certified to date under s. 144.393 285.63 (7) or (8).

(3) (a) Promulgate rules under s. 144.42 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment.

(5) Contingent restrictions on existing sources. If at any time the department finds that the growth accommodation is less than 2,500 tons and determines that it is unlikely that the growth accommodation will exceed 2,500 tons in the report under sub. (2) (b) 1. for the following year because of the inadequacy of replenishment activities at the time or because of facility shutdowns, the department shall implement the rules that specify emission limitations for emissions of volatile organic compounds from stationary sources located in the volatile organic compound accommodation area that were required to report their emissions under s. 144.96 299.15 during calendar year 1987. The emission limitations shall be designed to ensure that the growth accommodation in the subsequent year is not less than 2,500 tons. The emission limitations may not be more restrictive than the lowest achievable emission rate. The department shall implement the emission limitations by source category. For the purpose of this section, the department shall determine a source category according to the type and level of emissions. The department may also use other characteristics which relate to air pollution to determine source categories. The department shall implement the emission limitations based upon ease of implementation, cost-effectiveness and the relative equity of imposing a limitation upon a source category, given any prior limitations of emissions imposed upon that source category. To the extent feasible, the emission limitations shall provide affected sources the opportunity to choose to be subject to either an annual emission limitation or a more restrictive applicable reasonably available control technology rule than was in effect in 1987.

227,501 Section 501 . 144.401 of the statutes is renumbered 285.75.

227,502 Section 502 . 144.403 of the statutes is renumbered 285.81, and 285.81 (1) (intro.), (2), (3) and (4), as renumbered, are amended to read:

285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing on the action in the following manner:

(2) Other persons. Any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 144.3925 285.62 (4) or (5) may seek review under sub. (1) of any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75.

(3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 144.836 293.43.

(4) Review of department determinations. An air pollution control permit, part of an air pollution control permit or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 is not subject to review in any civil or criminal enforcement action for a violation of ss. 144.30 to 144.426 this chapter. This subsection does not restrict the ability of a person to challenge an administrative rule as provided in s. 227.40 (2).

227,503 Section 503 . 144.404 of the statutes is renumbered 285.77.

227,504 Section 504 . 144.405 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (Senate Bill 345), is renumbered 285.31.

227,505 Section 505 . 144.407 (title), (1), (1g), (1m), (1r), (1t), (1w) and (2) of the statutes are renumbered 285.55 (title), (1), (2), (3), (4), (5), (6) and (7), and 285.55 (1), (2), (3), (4) (intro.) and (a), (5) (intro.) and (6), as renumbered, are amended to read:

285.55 (1) In this section, “medical waste incinerator" means a facility for solid waste treatment, as defined in s. 144.43 (7r) 289.01 (39), that burns medical waste, as defined in s. 159.07 287.07 (7) (c) 1. cg.

(2) Except as provided in sub. (1m), (1r), (1t) or (1w) (3), (4), (5) or (6), the department may not issue an air pollution control permit for the construction or modification of a medical waste incinerator or an initial license under s. 144.44 (4) 289.31 for a medical waste incinerator.

(3) Subsection (1g) (2) does not apply to the issuance of a license under s. 144.44 (4) 289.31 for ash management for a medical waste incinerator that is operating on May 14, 1992, or has an air pollution control permit on May 14, 1992.

(4) (intro.) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 159.07 287.07 (7) (c) 1. a., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:

(a) The construction or modification is designed to treat medical waste generated by one or more hospitals, clinics or nursing homes that are identified in the application for the air pollution control permit or the license under s. 144.44 (4) 289.31 and that are located in the county in which the medical waste incinerator is located or in an adjacent county in this state.

(5) (intro.) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction of a medical waste incinerator in a 4th class city if all of the following apply:

(6) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the modification of a medical waste incinerator in operation on May 14, 1992, if the modification is designed to allow the medical waste incinerator to achieve compliance with the federal clean air act or the department's rules concerning the emission of hazardous air contaminants and does not expand the medical waste incinerator's capacity.

227,506 Section 506 . 144.41 of the statutes is renumbered 285.73, and 285.73 (1) (a) and (e), (4) and (6), as renumbered, are amended to read:

285.73 (1) (a) Provides by ordinance for requirements compatible with, or stricter or more extensive than those imposed by ss. 144.30 to 144.426 this chapter and rules issued thereunder. Such ordinances shall supersede any existing local ordinances;

(e) Is approved by the department as adequate to meet the requirements of ss. 144.30 to 144.426 this chapter and any applicable rules pursuant thereto.

(4) (a) If the department has reason to believe that a program in force pursuant to this section is inadequate to prevent and control air pollution in the jurisdiction to which such program relates, or that such program is being administered in a manner inconsistent with the requirements of ss. 144.30 to 144.426 this chapter, the department shall, on due notice, conduct a hearing on the matter.

(b) If, after such hearing, the department determines that a program is inadequate to prevent and control air pollution in the county to which such program relates, or that such program is not accomplishing the purposes of ss. 144.30 to 144.426 this chapter, it shall require that necessary corrective measures be taken within a reasonable period of time, not to exceed 60 days.

(c) If the county fails to take such necessary corrective action within the time required, the department shall administer within such county all of the regulatory provisions of ss. 144.30 to 144.426 this chapter. Such air pollution control program shall supersede all county air pollution regulations, ordinances and requirements in the affected jurisdiction.

(6) Nothing in ss. 144.30 to 144.426 this chapter supersedes the jurisdiction of any county air pollution control program in operation on July 26, 1967, but any such program shall meet all requirements of ss. 144.30 to 144.426 this chapter for a county air pollution control program. Any approval required from the department shall be deemed granted unless the department takes specific action to the contrary.

227,507 Section 507 . 144.42 of the statutes, as affected by 1993 Wisconsin Act 288 and 1995 Wisconsin Act 137, is renumbered 285.30.

227,508 Section 508. 144.421 of the statutes is renumbered 285.57.

227,509 Section 509 . 144.422 (title), (1), (2), (2m), (2r), (3), (3e), (3m) and (4) of the statutes are renumbered 285.59 (title), (1), (2), (3), (4), (5), (6), (7) and (8), and 285.59 (2) (intro.) and (b), (5) (a) 2., (6), (7) and (8) (b) and (c), as renumbered, are amended to read:

285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (2m) (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

(b) That the individuals who use the equipment under par. (a) have, or are under the supervision of individuals who have, the qualifications established under sub. (3) (5) (a) 1.

(5) (a) 2. Fees to cover the cost of administering subs. (2), (2m) (3) and (2r) (4) (b).

(6) Department powers. The department may promulgate rules providing that any portion of sub. (2), (2m) (3) or (2r) (4) applies with respect to a substance used as a substitute for an ozone-depleting substance.

(7) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (2), (2m) (3) (c) or (2r) (4).

(8) (b) Any person who violates sub. (2m) (3) (c) shall be required to forfeit not less than $100 nor more than $1,000. Each sale, giving or transporting in violation of sub. (2m) (3) (c) constitutes a violation.

(c) Any person who violates sub. (2r) (4) shall be required to forfeit not less than $100 nor more than $1,000. Each release in violation of sub. (2r) (4) constitutes a violation.

227,510 Section 510 . 144.423 of the statutes is renumbered 285.83, and 285.83 (1) (a) (intro.) and 2. and (2), as renumbered, are amended to read:

285.83 (1) (a) (intro.) If the department has reason to believe that a violation of ss. 144.30 to 144.426 or 144.96 this chapter or s. 299.15 or any rule promulgated or special order, plan approval or permit issued under those sections this chapter or s. 299.15 has occurred, it may:

2. Initiate action under s. 144.422 (4) or 144.426 285.59 (8) or 285.87.

(2) The notice under sub. (1) (a) 1. for an alleged violation of rules promulgated under s. 144.405 285.31 (3) may include a tag or other notice placed on the dispensing equipment that is alleged to be in violation of rules promulgated under s. 144.405 285.31 (3).

227,511 Section 511 . 144.424 of the statutes is renumbered 285.85, and 285.85 (2), as renumbered, is amended to read:

285.85 (2) In the absence of a generalized condition of air pollution of the type referred to in sub. (1), if the secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he or she may order the persons responsible for the operations in question to reduce or discontinue emissions immediately, without regard to s. 144.423 285.83. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in sub. (1) shall apply.

227,512 Section 512 . 144.426 of the statutes is renumbered 285.87, and 285.87 (1) and (2) (a), as renumbered, are amended to read:

285.87 (1) Except as provided in s. 144.421 (5) or 144.422 (4) 285.57 (5) or 285.59 (8), any person who violates ss. 144.30 to 144.426 this chapter or any rule promulgated, any permit issued or any special order issued under those sections this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.

(2) (a) Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by, ss. 144.30 to 144.426, except s. 144.422 this chapter, except s. 285.59, or any rule promulgated, any permit issued or any special order issued under those sections this chapter, except s. 144.422 285.59, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.

227,513 Section 513 . Subchapter IV (title) of chapter 144 [precedes 144.43] of the statutes is repealed.

227,514 Section 514 . 144.43 (intro.) of the statutes is renumbered 289.01 (intro.) and amended to read:

289.01 (title) Solid waste; definitions Definitions. (intro.) As used in ss. 144.43 to 144.47 In this chapter, unless the context requires otherwise:

227,515 Section 515 . 144.43 (1) and (1m) of the statutes are renumbered 289.01 (1) and (5), and 289.01 (1) (b), as renumbered, is amended to read:

289.01 (1) (b) A town, city, village or county whose boundary is within 1,200 feet of that portion of the facility designated by the applicant for the disposal of solid waste or the treatment, storage or disposal of hazardous waste in the feasibility report under s. 144.44 (2) 289.23, excluding buffers and similar areas.

227,516 Section 516 . 144.43 (2), (2d), (2h), (2p) and (2t) of the statutes are renumbered 289.01 (12), (13), (14), (15) and (16) and amended to read:

289.01 (12) “Hazardous waste" means any solid waste identified by the department as hazardous under s. 144.62 (2) (b) 291.05 (2).

(13) “Hazardous waste disposal" has the meaning specified for disposal under s. 144.61 291.01 (3).

(14) “Hazardous waste facility" has the meaning specified under s. 144.61 (5m) 291.01 (8).