144.2415 (3) (e) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 144.241 (13) (e), an amount up to 74% 85% of the amount approved by the legislature under par. (d). The department may expend such amount only from the percentage of the amount approved under par. (d) that is not available under par. (f) for financial hardship assistance or under par. (g) for additional costs.
27,4282b
Section 4282b. 144.2415 (3) (f) of the statutes is amended to read:
144.2415 (3) (f) The department may expend, for financial hardship assistance in a biennium under s. 144.241 (13) (e), an amount up to 18% 15% of the amount approved by the legislature under par. (d) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (d) that is not available under par. (e) for financial assistance or under par. (g) for additional costs.
27,4283
Section 4283
. 144.2415 (3) (g) of the statutes is repealed.
27,4284
Section 4284
. 144.2415 (3) (i) of the statutes is amended to read:
144.2415 (3) (i) Using the amount approved under par. (d) as a base, the department of administration and the department shall calculate the present value of the actual subsidy of each clean water fund loan or grant to be made for those projects in each biennium that are approved for financial assistance by the 2 departments. The present value shall be discounted as provided under par. (a) 6.
27,4285
Section 4285
. 144.2415 (3) (j) of the statutes is amended to read:
144.2415 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under par. (d) as required under s. 144.241 (11) (d) (9m) (e), and on the operations and activities of the clean water fund program for the previous biennium.
27,4285e
Section 4285e. 144.2415 (4) (c) of the statutes is amended to read:
144.2415 (4) (c) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (b) or the clean water fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the clean water fund of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.320 (1) (c), (d) and (u) for the purposes specified in s. 25.43 (3). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the clean water fund and that the transferred amounts are free of any prior pledge.
27,4286
Section 4286
. 144.2415 (9) (a) of the statutes is amended to read:
144.2415 (9) (a) A loan approved under this section and s. 144.241 shall be for no longer than 20 years, as determined by the department of administration and the department, be fully amortized not later than 20 years after the original date of the note, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration and the department.
27,4287
Section 4287
. 144.2415 (9) (am) of the statutes is amended to read:
144.2415 (9) (am) The department of administration, in consultation with the department, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation, as set forth under s. 66.36, is required for the repayment of the financial assistance. Any terms and conditions established under this paragraph by the department of administration shall comply with the requirements of this section and s. 144.241. In setting such terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of municipal obligation evidencing the loan or a, the pledge of security for the municipal obligation and the municipality's creditworthiness.
27,4288
Section 4288
. 144.2415 (11) (a) and (am) of the statutes are amended to read:
144.2415 (11) (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with a municipality for which the department issues a notice of financial assistance commitment under this section of administration has allocated subsidy under s. 144.241 (9m) if the municipality meets the condition conditions under sub. (9) and s. 144.241 (14) (b) 8. and the other requirements
established by the department and the department of administration under this section and s. 144.241.
(am) The department of administration shall make the financial assistance payments to a municipality with which the department has entered into a financial assistance agreement under par. (a) or to the municipality's designated agent.
27,4289
Section 4289
. 144.2415 (11) (c) of the statutes is amended to read:
144.2415 (11) (c) The department of administration may not make retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets all the applicable requirements of the this section and s. 144.241 and that the conditions of the financial assistance agreement are met.
27,4290
Section 4290
. 144.2415 (12) of the statutes is amended to read:
144.2415 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 144.241 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 144.241 (6) (b) 3. if the department approves of administration and the department of natural resources approve the financial assistance under this section and s. 144.241 and gives a notice of financial assistance commitment under this section.
27,4293
Section 4293
. 144.2415 (13s) of the statutes is created to read:
144.2415 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241.
27,4294
Section 4294
. 144.2415 (14) of the statutes is amended to read:
144.2415 (14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under s. 144.241.
27,4296
Section 4296
. 144.25 (4) (g) 9. of the statutes is amended to read:
144.25 (4) (g) 9. Complete the planning process in all priority watersheds by December 31, 2000 2015.
27,4297
Section 4297
. 144.25 (4) (j) of the statutes is amended to read:
144.25 (4) (j) A governmental unit may use a grant under this section for training required under s. 92.18 or for any other training necessary to prepare personnel to perform job duties related to this section. The department may contract with any person from the appropriations under s. 20.370 (4) (cc) and (cq) for services to administer or implement this chapter, including information and education and training.
27,4298
Section 4298
. 144.25 (4) (t) of the statutes is amended to read:
144.25 (4) (t) Transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) at the request of the department of agriculture, trade and consumer protection, after the land and water conservation board approves the transfer, under s. 92.14 (5) (b).
27,4299
Section 4299
. 144.25 (4g) of the statutes is created to read:
144.25 (4g) The department may contract with any person from the appropriations under s. 20.370 (6) (aa) and (at) for services to administer or implement this section, including information and education and training services.
27,4300
Section 4300
. 144.25 (8) (cm) of the statutes is amended to read:
144.25 (8) (cm) Grants may be provided from the appropriations under s. 20.370 (4) (cc) and (cq)
(6) (aa) and (aq) to applicants for projects affecting priority lakes if the projects are in conformance with areawide water quality management plans and the purposes specified under sub. (1).
27,4300e
Section 4300e. 144.25 (8d) of the statutes is created to read:
144.25 (8d) The department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 147.021 and that is located in a priority watershed area, a priority lake area or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 144.10 (1) (a), under the Great Lakes Water Quality Agreement.
27,4301
Section 4301
. 144.253 (3) (a) of the statutes is amended to read:
144.253 (3) (a) Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in s. 66.299 (1) (a), that are established for the purpose of lake management.
27,4302b
Section 4302b. 144.254 (2) of the statutes is amended to read:
144.254 (2) The department may provide a grant under this section for up to 50% 75% of the cost of a lake management project but may not provide more than $100,000 $200,000 per grant.
27,4303cm
Section 4303cm. 144.266 (2) of the statutes is amended to read:
144.266 (2) State storm water management plan. The department, in consultation with the department of industry, labor and human relations development, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.
27,4305
Section
4305. 144.389 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.389 (1) and amended to read:
144.389 (1) (title) Definitions Definition. In this section: (b) “Major, “major utility" has the meaning given under in s. 144.386 (1) (f)
27,4306
Section 4306
. 144.389 (1) (a) of the statutes is repealed.
27,4307
Section 4307
. 144.389 (3) of the statutes is repealed.
27,4308
Section 4308
. 144.391 (1) (b) of the statutes is renumbered 144.391 (1) (b) 1. and amended to read:
144.391 (1) (b) 1. Except as provided in subd. 2., par. (a) 2. or, sub. (6) or s. 144.3925 (7), no person may operate a new source or a modified source unless the person has an operation permit under s. 144.3925 from the department.
27,4309
Section 4309
. 144.391 (1) (b) 2. of the statutes is created to read:
144.391 (1) (b) 2. A person may continue to operate a new source or a modified source for which the department issued a permit under s. 144.392, 1989 stats., on or before November 15, 1992, but on which construction, reconstruction, replacement or modification began after November 15, 1992, but the person shall apply for an operation permit under s. 144.3925 no later than March 1, 1996.
27,4310
Section 4310
. 144.391 (2) (a) of the statutes is amended to read:
144.391 (2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 144.3925 (7), no person may operate an existing source after the operation permit requirement date specified under s. 144.374 (1) unless the person has an operation permit under s. 144.3925 from the department.
27,4311
Section 4311
. 144.391 (4m) of the statutes is amended to read:
144.391 (4m) Permit flexibility. The department shall allow a person to make a change to an existing
a stationary source that has an operation permit, or for which the person has submitted a timely and complete application for an operation permit, for which the department would otherwise first require an operation permit revision, without first requiring a revision of the operation permit if the change is not a modification, as defined by the department by rule, and the change will not cause the existing stationary source to exceed the emissions allowable under the operation permit, whether expressed as an emission rate or in terms of total emissions. Except in the case of an emergency, a person shall notify the department and, for permits required under the federal clean air act, the administrator of the federal environmental protection agency in writing at least 21 days before the date on which the person proposes to make a change to an existing a stationary source under this subsection. A person may not make a proposed change to an existing
a stationary source if the department informs the person before the end of that 21-day period that the proposed change is not a change authorized under this subsection. The department shall promulgate rules establishing a shorter time for advance notification of changes under this subsection in case of emergency.
27,4312
Section 4312
. 144.3925 (6) (b) and (7) of the statutes are amended to read:
144.3925 (6) (b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under s. ss. 144.393 and 144.3935 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.
(7) Operation continued during application. If a person timely submits a complete application for an existing a stationary source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing
stationary source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (6).
27,4313
Section 4313
. 144.3935 (title) and (1) of the statutes are amended to read:
144.3935 (title) Criteria for operation permits for existing stationary sources. (1) Issuance to sources not in compliance; federal objection. (a) Notwithstanding s. 144.393, the department may issue an operation permit for an existing 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) or in s. 144.393 when the operation permit is issued if the operation permit includes all of the following:
1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the existing stationary source must take to comply with the requirements with which the existing stationary source is in violation when the operation permit is issued.
2. A requirement that, at least once every 6 months, the owner or operator of the existing stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the existing stationary source is in violation when the operation permit is issued.
(b) Notwithstanding par. (a) and s. 144.393, the department may not issue an operation permit to an existing a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) unless the department revises the operation permit to meet the objection.
27,4314
Section 4314
. 144.396 (3) (c) of the statutes is created to read:
144.396 (3) (c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 are met. Notwithstanding s. 144.3935 (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.
27,4315
Section 4315
. 144.399 (2) (a) 4. of the statutes is amended to read:
144.399 (2) (a) 4. That during 1995 to 1999, no fee is required to be paid under this subsection for emissions from any affected unit under listed in Table A of 42 USC 7651c.
27,4316
Section 4316
. 144.399 (2) (am) of the statutes is amended to read:
144.399 (2) (am) 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 listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 4. did not exist.
27,4316g
Section 4316g. 144.399 (7) of the statutes is created to read:
144.399 (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 (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).
27,4317
Section 4317
. 144.405 (5) (a) (intro.) and 1. of the statutes are consolidated, renumbered 144.405 (5) (a) and amended to read:
144.405 (5) (a) The department shall develop, implement and administer a program to provide financial assistance to the owner or operator of a retail station. Only the following costs are eligible for reimbursement under the program:1. Costs gasoline dispensing facility for costs directly incurred after August 15, 1991 1990, for the design, acquisition and installation of a vapor control system necessary for the owner or operator to comply with the requirements under sub. (3) rules requiring the installation of a vapor control system on those portions of a retail station gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed on or before August 15, 1991, or on those portions of a retail station
gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed after August 15, 1991, that does not increase the stationary storage tank capacity of the retail station
gasoline dispensing facility in existence on August 15, 1991.
27,4317d
Section 4317d. 144.405 (5) (c) of the statutes is amended to read:
144.405 (5) (c) The Subject to pars. (ce) to (d), the department shall award a grant to each applicant who submits a complete application under par. (b) for costs allowable under par. (a). The amount of the grant may not exceed 95% of the first $25,000 in costs and 90% of the next $15,000 in costs incurred by the applicant. If the department promulgates a rule under par. (e), it shall determine the costs based upon the rule promulgated under par. (e).
27,4317h
Section 4317h. 144.405 (5) (ce) of the statutes is created to read:
144.405 (5) (ce) The owner or operator of a gasoline dispensing facility is eligible for a grant under this subsection for costs incurred after August 15, 1990, and on or before August 15, 1991, only if the owner or operator has not received reimbursement for the costs from any other source and if no substantial evidence exists that the applicant applied for or obtained a grant under this subsection on the basis of fraudulent information. Excavation costs incurred on or before August 15, 1991, are not eligible for reimbursement under this subsection.
27,4317p
Section 4317p. 144.405 (5) (cm) of the statutes is created to read:
144.405 (5) (cm) The owner or operator of a gasoline dispensing facility is not eligible for a grant under this subsection unless, before October 1, 1995, the owner or operator submits a report indicating the amount of gasoline dispensed by the gasoline dispensing facility, as required by the department by rule, and, if required by the department by rule, a compliance plan.
27,4317t
Section 4317t. 144.405 (5) (cs) of the statutes is created to read:
144.405 (5) (cs) If there is not sufficient funding to provide grants under this subsection to all eligible applicants, the department shall give priority to grants for gasoline dispensing facilities that are located within an ozone nonattainment area that is classified as severe under 42 USC 7511 (a) and are within 10 miles of an area that is an ozone attainment area or is an ozone nonattainment area that is classified as less than severe under 42 USC 7511 (a).
27,4318
Section 4318
. 144.405 (5) (d) of the statutes is amended to read:
144.405 (5) (d) The department may not award a grant under this subsection after June 30, 1995, or the day after publication of the 1995-97 biennial budget act, whichever is later December 31, 1995.
27,4319g
Section 4319g. 144.435 (5) of the statutes is created to read:
144.435 (5) (a) In this subsection, “high-volume industrial waste" has the meaning given in s. 144.44 (7) (a) 1.
(b) The department shall promulgate, by rule, standards for the reuse of foundry sand and other high-volume industrial waste, including high-volume industrial waste that qualifies for an exemption from regulation under s. 144.44 (7) (g). The department shall design the rules under this paragraph to allow and encourage, to the maximum extent possible consistent with the protection of public health and the environment, the beneficial reuse of high-volume industrial waste, in order to preserve resources, conserve energy and reduce or eliminate the need to dispose of high-volume industrial waste in landfills. In developing rules under this paragraph, the department shall review methods of reusing high-volume industrial waste that are approved by other states and incorporate those methods to the extent that the department determines is advisable. In developing rules under this paragraph, the department shall also consider the analysis and methodology used under 40 CFR 503.13 in determining the impacts on groundwater from various methods of reusing high-volume industrial wastes.
27,4319h
Section 4319h. 144.44 (7) (em) of the statutes is created to read:
144.44 (7) (em) Exemption from licensing, agricultural use of wood ash. No license is required under this section for the agricultural use of wood ash.
27,4319m
Section 4319m. 144.442 (9) (b) 3. of the statutes is created to read:
