Amendment ASA-AB150

AB150-ASA,1471,5 144.2415 (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.

AB150-ASA, s. 4290 Section 4290. 144.2415 (12) of the statutes is amended to read:

AB150-ASA,1471,12 144.2415 (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.

AB150-ASA, s. 4293 Section 4293. 144.2415 (13s) of the statutes is created to read:

AB150-ASA,1471,16 144.2415 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241.

AB150-ASA, s. 4294 Section 4294. 144.2415 (14) of the statutes is amended to read:

AB150-ASA,1471,20 144.2415 (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.

AB150-ASA, s. 4296 Section 4296. 144.25 (4) (g) 9. of the statutes is amended to read:

AB150-ASA,1471,23 144.25 (4) (g) 9. Complete the planning process in all priority watersheds by December 31, 2000 2015.

AB150-ASA, s. 4297 Section 4297. 144.25 (4) (j) of the statutes is amended to read:

AB150-ASA,1472,6 144.25 (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.

AB150-ASA, s. 4298 Section 4298. 144.25 (4) (t) of the statutes is amended to read:

AB150-ASA,1472,11 144.25 (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).

AB150-ASA, s. 4299 Section 4299. 144.25 (4g) of the statutes is created to read:

AB150-ASA,1472,15 144.25 (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.

AB150-ASA, s. 4300 Section 4300. 144.25 (8) (cm) of the statutes is amended to read:

AB150-ASA,1472,20 144.25 (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).

AB150-ASA, s. 4300c Section 4300c. 144.25 (8) (L) of the statutes is amended to read:

AB150-ASA,1472,24 144.25 (8) (L) A grant may not be made to an individual if the department receives a certification under s. 46.255 49.855 (7) that the individual is delinquent in child support or maintenance payments.

AB150-ASA, s. 4300e Section 4300e. 144.25 (8d) of the statutes is created to read:

AB150-ASA,1473,7 144.25 (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.

AB150-ASA, s. 4301 Section 4301. 144.253 (3) (a) of the statutes is amended to read:

AB150-ASA,1473,13 144.253 (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.

AB150-ASA, s. 4302b Section 4302b. 144.254 (2) of the statutes is amended to read:

AB150-ASA,1473,17 144.254 (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.

AB150-ASA, s. 4303 Section 4303. 144.266 (2) of the statutes is amended to read:

AB150-ASA,1474,3 144.266 (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.

AB150-ASA, s. 4305 Section 4305. 144.389 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.389 (1) and amended to read:

AB150-ASA,1474,7 144.389 (1) (title) Definitions Definition. In this section: (b) "Major, "major utility" has the meaning given under in s. 144.386 (1) (f)

AB150-ASA, s. 4306 Section 4306. 144.389 (1) (a) of the statutes is repealed.

AB150-ASA, s. 4307 Section 4307. 144.389 (3) of the statutes is repealed.

AB150-ASA, s. 4308 Section 4308. 144.391 (1) (b) of the statutes is renumbered 144.391 (1) (b) 1. and amended to read:

AB150-ASA,1474,14 144.391 (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.

AB150-ASA, s. 4309 Section 4309. 144.391 (1) (b) 2. of the statutes is created to read:

AB150-ASA,1474,20 144.391 (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.

AB150-ASA, s. 4310 Section 4310. 144.391 (2) (a) of the statutes is amended to read:

AB150-ASA,1474,25 144.391 (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.

AB150-ASA, s. 4311 Section 4311. 144.391 (4m) of the statutes is amended to read:

AB150-ASA,1475,18 144.391 (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.

AB150-ASA, s. 4312 Section 4312. 144.3925 (6) (b) and (7) of the statutes are amended to read:

AB150-ASA,1476,2 144.3925 (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.

AB150-ASA,1476,8 (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).

AB150-ASA, s. 4313 Section 4313. 144.3935 (title) and (1) of the statutes are amended to read:

AB150-ASA,1476,16 144.3935 (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:

AB150-ASA,1476,20 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.

AB150-ASA,1476,24 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.

AB150-ASA,1477,5 (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.

AB150-ASA, s. 4314 Section 4314. 144.396 (3) (c) of the statutes is created to read:

AB150-ASA,1477,11 144.396 (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.

AB150-ASA, s. 4315 Section 4315. 144.399 (2) (a) 4. of the statutes is amended to read:

AB150-ASA,1477,15 144.399 (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.

AB150-ASA, s. 4316 Section 4316. 144.399 (2) (am) of the statutes is amended to read:

AB150-ASA,1477,21 144.399 (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.

AB150-ASA, s. 4316g Section 4316g. 144.399 (7) of the statutes is created to read:

AB150-ASA,1478,3 144.399 (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).

AB150-ASA, s. 4317 Section 4317. 144.405 (5) (a) (intro.) and 1. of the statutes are consolidated, renumbered 144.405 (5) (a) and amended to read:

AB150-ASA,1478,20 144.405 (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.

AB150-ASA, s. 4317d Section 4317d. 144.405 (5) (c) of the statutes is amended to read:

AB150-ASA,1479,2 144.405 (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).

AB150-ASA, s. 4317h Section 4317h. 144.405 (5) (ce) of the statutes is created to read:

AB150-ASA,1479,10 144.405 (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.

AB150-ASA, s. 4317p Section 4317p. 144.405 (5) (cm) of the statutes is created to read:

AB150-ASA,1479,16 144.405 (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.

AB150-ASA, s. 4317t Section 4317t. 144.405 (5) (cs) of the statutes is created to read:

AB150-ASA,1479,23 144.405 (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).

AB150-ASA, s. 4318 Section 4318. 144.405 (5) (d) of the statutes is amended to read:

AB150-ASA,1480,3 144.405 (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.

AB150-ASA, s. 4319g Section 4319g. 144.435 (5) of the statutes is created to read:

AB150-ASA,1480,6 144.435 (5) (a) In this subsection, "high-volume industrial waste" has the meaning given in s. 144.44 (7) (a) 1.

AB150-ASA,1480,20 (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.

AB150-ASA, s. 4321 Section 4321. 144.737 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.737 (1) and amended to read:

AB150-ASA,1480,25 144.737 (1) In this section: (b) "Capacity, "capacity assurance plan" means the plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.

AB150-ASA, s. 4322 Section 4322. 144.737 (1) (a) of the statutes is repealed.

AB150-ASA, s. 4323 Section 4323. 144.737 (2) (b) of the statutes is amended to read:

AB150-ASA,1481,5 144.737 (2) (b) Notify the governor and the board of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.

AB150-ASA, s. 4324 Section 4324. 144.737 (2) (c) of the statutes is amended to read:

AB150-ASA,1481,12 144.737 (2) (c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150-ASA, s. 4325 Section 4325. 144.737 (2) (e) of the statutes is amended to read:

AB150-ASA,1481,19 144.737 (2) (e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150-ASA, s. 4326 Section 4326. 144.76 (2) (e) of the statutes is created to read:

AB150-ASA,1481,23 144.76 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of development.

AB150-ASA, s. 4327r Section 4327r. 144.76 (6) (a) of the statutes is amended to read:

AB150-ASA,1482,6 144.76 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (dv) , (fq) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

AB150-ASA, s. 4327s Section 4327s. 144.76 (6) (b) of the statutes is amended to read:

AB150-ASA,1482,11 144.76 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 (2) (dv), (fq) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB150-ASA, s. 4328 Section 4328. 144.76 (7) (a) of the statutes is amended to read:

AB150-ASA,1482,18 144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB150-ASA, s. 4329 Section 4329. 144.76 (7) (c) of the statutes is amended to read: