2011 Wisconsin Act 167

167,126 Section 126. 291.87 (6m) of the statutes is created to read:

291.87 (6m) For the purpose of determining the date on which notice is provided under subs. (4) and (5), the date on which the department first publishes the notice on its Internet Web site as required under sub. (6) shall be considered the date of notice.

167,127 Section 127. 292.31 (3) (f) of the statutes is amended to read:

292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice, under ch. 985, shall publish the notice on its Internet Web site, and, upon request, shall provide the notice to interested members of the public, prior to taking remedial action under this subsection and subs. (1) and (7), which describes. The department's notice to interested members of the public may be given through an electronic notification system established by the department. The notice shall describe the proposed remedial action and, the amount and purpose of any proposed expenditure, the name and address of the facility that is the subject of the proposed remedial action, a brief description of the proposed remedial action, and information indicating where more information regarding the proposed remedial action may be viewed on the department's Internet Web site. For the purpose of determining the date on which notice is provided under this paragraph, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice. 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.

167,128 Section 128. 299.05 of the statutes is repealed and recreated to read:

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

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

1. A well driller or pump installer registration under s. 280.15 (1).

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

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

4. A solid waste incinerator operator certification under s. 285.51 (2).

5. A laboratory certification or registration under s. 299.11.

(am) Notwithstanding s. 227.10 (1), the periods established by the department under par. (a) need not be promulgated as rules under ch. 227.

(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:

1. A solid waste disposal facility operator certification under s. 289.42 (1).

2. A hazardous waste transportation license under s. 291.23.

3. A medical waste transportation license under s. 299.51 (3) (c).

(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.

(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.

(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).

(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).

(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.

(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:

(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.

(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.

(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.

(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.

167,129 Section 129. 299.17 of the statutes is created to read:

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.

167,130 Section 130. Initial applicability.

(1) The treatment of sections 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), (eg), (er), and (f), (4) (a), and (5) (a) (intro.) and (b) (intro.), 4., and 5., and 30.28 (2v) 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.

(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.

167,131 Section 131. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

(1) The treatment of section 30.12 (1k) (b) (intro.) 1., 2., and 3., (c), (cm) (intro.), 1., and 2., (d), and (e) 2. of the statutes takes effect on day after publication.