2011 Wisconsin Act 167

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.

167,78 Section 78. 30.2095 (1) (b) of the statutes is amended to read:

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.

167,79 Section 79. 30.28 (2v) of the statutes is created to read:

30.28 (2v) Web site information fee. In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.

167,80 Section 80. 31.12 (5) of the statutes is created to read:

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 the department determines that all of the following are satisfied:

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

(b) The plan design is submitted by a registered professional engineer.

(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.

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

(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.

(f) The plan design is not likely to have an adverse impact on the environment.

167,81 Section 81. 84.01 (23) of the statutes is amended to read:

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.

167,82 Section 82. 227.01 (13) (rt) of the statutes is amended to read:

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

167,83 Section 83. 281.346 (9) (b) 1. (intro.) of the statutes is amended to read:

281.346 (9) (b) 1. (intro.) The department shall, by rule, create procedures for circulating providing to interested and potentially interested members of the public notices of each complete application that the department receives under sub. (5) to which the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6) applies, other than an application from a person operating a public water supply system that is covered by an approved water supply service area plan under s. 281.348, and each complete application that the department receives under sub. (4) and of each general permit that the department proposes to issue under sub. (4s) (a). The department shall include, in the rule, at least the following procedures:

167,84 Section 84. 281.346 (9) (b) 1. c. of the statutes is created to read:

281.346 (9) (b) 1. c. Publication of the notice through an electronic notification system established by the department.

167,85 Section 85. 281.346 (9) (b) 1. d. of the statutes is created to read:

281.346 (9) (b) 1. d. Publication of the notice on the department's Internet Web site.

167,86 Section 86. 281.346 (9) (b) 2. d. of the statutes is created to read:

281.346 (9) (b) 2. d. Information indicating where the complete application may be viewed on the department's Internet Web site.

167,87 Section 87. 281.346 (9) (bm) of the statutes is created to read:

281.346 (9) (bm) Notice date. For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

167,88 Section 88. 281.346 (9) (d) 3. of the statutes is amended to read:

281.346 (9) (d) 3. The department shall circulate provide public notice of any hearing held under this paragraph in the manner provided under par. (b) 1. The notice shall include the time, date, and location of the hearing, a summary of the subject matter of the application or proposed general permit, and information indicating where a copy of the application or proposed general permit that is the subject of the hearing may be found on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application or proposed general permit. If the hearing concerns an application received by the department, the notice shall also include the name and address of the applicant.

167,89 Section 89. 281.41 (5) of the statutes is created to read:

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 the department determines that all of the following are satisfied:

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

(b) The plan design is submitted by a registered professional engineer.

(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.

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

(e) The plan design is not likely to have an adverse impact on the environment.

167,90 Section 90. 283.39 (1) (intro.) of the statutes is amended to read:

283.39 (1) (intro.) The department shall promulgate by rule procedures for circulating providing to interested and potentially interested members of the public notices of each complete application for a permit. Procedures for the circulation of providing public notices shall include at least the following:

167,91 Section 91. 283.39 (1) (c) of the statutes is created to read:

283.39 (1) (c) Publication of the notice through an electronic notification system established by the department.

167,92 Section 92. 283.39 (1) (d) of the statutes is created to read:

283.39 (1) (d) Publication of the notice on the department's Internet Web site.

167,93 Section 93. 283.39 (1m) of the statutes is created to read:

283.39 (1m) Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.

167,94 Section 94. 283.39 (3) (bg) of the statutes is created to read:

283.39 (3) (bg) Information indicating where the complete application may be viewed on the department's Internet Web site.

167,95 Section 95. 283.49 (1) (a) of the statutes is amended to read:

283.49 (1) (a) The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the circulation of the public notice of the complete permit application is provided and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.

167,96 Section 96. 283.49 (2) (a) of the statutes is amended to read:

283.49 (2) (a) Public notice of any hearing held under this section shall be circulated provided in accordance with the requirements of s. 283.39 (1) and the public notice shall be considered to be provided on the date specified in s. 283.39 (1m).

167,97 Section 97. 283.53 (1) of the statutes is amended to read:

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 for a term of not more than 5 years, subject to sub. (3).

167,98 Section 98. 283.53 (2) (a) (intro.) of the statutes is amended to read:

283.53 (2) (a) (intro.) Any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified, suspended terminated, or revoked and reissued, in whole or in part, for cause, including but not limited to:

167,99 Section 99. 283.53 (2) (b) of the statutes is amended to read:

283.53 (2) (b) Whenever, on the basis of any information available to it, the department finds that there is cause for modifying, suspending terminating, or revoking and reissuing a permit, in whole or in part, the department shall notify the permittee by certified mail or personal service of its intention to modify, suspend terminate, or revoke and reissue the permit, in whole or in part, except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department may notify the permittee by electronic mail. Such notice shall specify the information upon which the department relies, and if the department intends to modify the permit, shall explain the modifications which the department intends to make in the permit.

167,100 Section 100. 283.53 (2) (c) of the statutes is amended to read:

283.53 (2) (c) The department shall also notify the U.S. environmental protection agency, the U.S. army corps of engineers, any affected state, any interested agency of this state, and any interested members of the public of its intention to modify, suspend terminate, or revoke and reissue a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be circulated provided to members of the public in accordance with s. 283.39 (1), except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department is not required to provide notice of the substantial change under s. 283.39 (1) (a). The department shall provide a 14-day period, from the date on which notice is provided under s. 283.39 (1) (d), for written comments on a proposed modification to authorize a substantial change to a nutrient management plan.

167,101 Section 101. 283.53 (2) (d) of the statutes is amended to read:

283.53 (2) (d) The department may hold a public hearing on a proposed permit modification, suspension termination, or revocation and reissuance if the department determines that there is a significant public interest in holding such a hearing or upon the petition of 5 or more persons. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. A petition for a hearing on a proposed permit modification to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation shall be filed within 14 days of the date notice is provided under s. 283.39 (1) (d).

167,102 Section 102. 283.53 (2) (e) of the statutes is amended to read:

283.53 (2) (e) Public notice of any hearing held under this section shall be circulated provided in accordance with the requirements of pars. (b) and (c).

167,103 Section 103. 283.63 (1) (intro.) of the statutes is amended to read:

283.63 (1) (intro.) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension termination, or revocation and reissuance, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 283.17 or any water quality based effluent limitation established under s. 283.13 (5). Such review shall be accomplished in the following manner:

167,104 Section 104. 283.63 (1) (a) of the statutes is amended to read:

283.63 (1) (a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate provide a notice of public hearing in accordance with the requirements of s. 283.39 (1) at least 10 days prior to holding a public hearing thereon. The public notice shall be considered to be provided on the date specified in s. 283.39 (1m).

167,105 Section 105. 283.63 (1) (b) of the statutes is amended to read:

283.63 (1) (b) The department shall hold a public hearing at the time and place designated in the notice of hearing. At the beginning of each such hearing the petitioner shall present evidence to the department which is in support of the allegation made in the petition. All interested persons or their representative shall be afforded an opportunity to present facts, views or arguments relevant to the issues raised by the petitioners, and cross-examination shall be allowed. The department shall consider anew all matters concerning the permit denial, modification, suspension termination, or revocation and reissuance. No person may be required to appear by attorney at any hearing under this section.

167,106 Section 106. 285.61 (5) (title) of the statutes is amended to read:

285.61 (5) (title) Notice; announcement; newspaper type of notice.

167,107 Section 107. 285.61 (5) (c) of the statutes is amended to read:

285.61 (5) (c) Newspaper Type of notice required. The department shall publish a class 1 notice under ch. 985, shall publish notice on its Internet Web site, and shall provide notice, upon request, to interested persons, announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination. The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.

167,108 Section 108. 285.62 (3) (a) 1g. of the statutes is created to read:

285.62 (3) (a) 1g. The name and address of the applicant.

167,109 Section 109. 285.62 (3) (a) 1m. of the statutes is created to read:

285.62 (3) (a) 1m. Information indicating where the application may be viewed on the department's Internet Web site.

167,110 Section 110. 285.62 (3) (c) of the statutes is amended to read:

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, shall publish the notice on its Internet Web site, and, upon request, shall provide notice to interested persons. The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which public 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 public notice.

167,111 Section 111. 285.63 (11) of the statutes is created to read:

285.63 (11) Modeling. The department is not required to use air dispersion modeling as a basis for making its findings under sub. (1) for a minor source unless modeling is specifically provided for under the federal clean air act, rules promulgated under this chapter, or a federal or state agreement.

167,112 Section 112. 285.76 (2) (a) of the statutes is amended to read:

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, and in the official state newspaper and provide a written statement concerning the proposed redesignation to those newspapers. The notices published under this paragraph shall include information on how to locate the redesignation proposal on the department's Internet Web site.

167,113 Section 113. 285.76 (2) (am) of the statutes is created to read:

285.76 (2) (am) Publish notice of the proposed redesignation and request for consultation with the state on the department's Internet Web site.

167,114 Section 114. 285.76 (2) (ar) of the statutes is created to read:

285.76 (2) (ar) Provide to interested persons, upon request, notice of the proposed redesignation and request for consultation with the state. The notice may be given through an electronic notification system established by the department. The notice shall include information indicating where the redesignation proposal may be viewed on the department's Internet Web site.

167,115 Section 115. 285.76 (2m) of the statutes is created to read:

285.76 (2m) For the purpose of determining the date on which notice of the proposed redesignation and request for consultation with the state is provided under sub. (2), the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.

167,116 Section 116. 285.76 (3) of the statutes is amended to read: