AB322-ASA1,8,1715 (bn) 1. The department shall issue general water quality certifications that are
16consistent with all of the general permits issued under 33 USC 1344 (e) that applied
17on January 8, 2001, to nonfederal wetlands located in this state.
AB322-ASA1,8,2118 2. If a general permit as specified in subd. 1. is amended or modified after
19January 8, 2001, the department shall incorporate the amendments or modifications
20into the general water quality certification issued under subd. 1. and may not
21otherwise amend or modify the general water quality certification.
AB322-ASA1,9,322 (c) If the department determines that any of the discharges under a general
23water quality certification issued under par. (a) fails to meet any of the standards in
24par. (a), the department shall modify the certification so that the discharges meet all
25of the standards. If the department cannot modify the certification so that all of the

1standards will be met or if the department determines that the discharges subject
2to the general certification are more appropriately certified by using individual
3water quality certifications, the department shall revoke the general certification.
AB322-ASA1,9,64 (d) Before issuing, modifying, or revoking a general water quality certification
5issued under par. (a), the department shall provide notice and a hearing under ss.
6227.17 and 227.18.
AB322-ASA1,9,9 7(9) Inspection authority. (a) For purposes of enforcing this section, any
8employee or other representative of the department, upon presenting his or her
9credentials, may do any of the following:
AB322-ASA1,9,1210 1. Enter and inspect any property on which is located a nonfederal wetland, or
11part of a nonfederal wetland, for which an application for a water quality
12certification has been submitted to the department.
AB322-ASA1,9,1513 2. Enter and inspect any property on which is located a nonfederal wetland to
14investigate a discharge of dredged or fill material that the department has reason
15to believe is in violation of this section.
AB322-ASA1,9,1716 3. Gain access to and inspect any records that the department requires a holder
17of a water quality certification to keep.
AB322-ASA1,9,2418 (am) An employee or representative of the department may not exercise the
19authority granted under par. (a) 1. before the date on which the application is
20submitted. If the application is denied or withdrawn, an employee or representative
21of the department may not exercise this authority after the date on which the
22application is denied or withdrawn. If the application is approved, an employee or
23representative of the department may not exercise this authority after the 20th day
24immediately following the completion of the discharge of the dredged or fill material.
AB322-ASA1,10,2
1(ar) 1. Before entering and inspecting a property under par. (a) 2., the
2department shall make at least one of the following requests:
AB322-ASA1,10,33 a. A request for consent from the proprietor to enter and inspect the property.
AB322-ASA1,10,64 b. A request, orally or in writing, that the proprietor provide an oral or written
5explanation, as elected by the department, concerning the activity that the
6department has reason to believe may constitute a violation of this section.
AB322-ASA1,10,107 2. a. If the proprietor grants consent for the entry on, and the inspection of, the
8property to investigate a discharge as authorized under par. (a) 2., the department,
9upon reasonable advance notice, may enter and inspect the property in compliance
10the terms of the consent granted by the proprietor.
AB322-ASA1,10,1511 b. If the proprietor refuses to grant consent for the entry on, or the inspection
12of, the property or if the proprietor's explanation or terms of consent are not
13acceptable to the department of natural resources, the department of natural
14resources may refer the matter to the department of justice for enforcement under
15s. 299.95.
AB322-ASA1,10,1916 c. If the proprietor fails to respond to all requests made under subd. 1., an agent
17of the department of natural resources may apply for, obtain, and execute a special
18inspection warrant under s. 66.0119. The department shall give the proprietor
19reasonable advance notice of its intent to apply for the warrant.
AB322-ASA1,10,2220 3. Any employee or representative of the department may make the requests
21under subd. 1., enter or inspect property under subd. 2. a., or execute a warrant under
22subd. 2. c. only during reasonable hours.
AB322-ASA1,11,223 (b) Any employee or representative of the department may exercise the
24authority granted under par. (a) 1. or 3. only during reasonable hours and only after

1the department has provided reasonable advance notice to the proprietor of the
2property involved or to the holder of the water quality certification.
AB322-ASA1,11,63 (c) An employee or representative of the department may not gain access to or
4inspect any records as authorized under par. (a) 3. unless the holder of the water
5quality certification, or the holder's designee, is present or unless the holder of the
6certification waives this requirement.
AB322-ASA1,11,8 7(10) Other requirements. This section does not affect the authority of the
8department to do any of the following:
AB322-ASA1,11,119 (a) Regulate the discharge of dredged or fill material in a nonfederal wetland
10under ss. 59.692, 61.351, 62.231, 87.30, 281.11 to 281.35, 281.41 to 281.47, or 281.49
11to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
AB322-ASA1,11,1312 (b) Issue a water quality certification under rules promulgated under this
13chapter to implement 33 USC 1341 (a).
AB322-ASA1, s. 11 14Section 11. 281.69 (3) (b) 2. of the statutes is amended to read:
AB322-ASA1,11,1615 281.69 (3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1), if the
16restoration will protect or improve a lake's water quality or its natural ecosystem.
AB322-ASA1, s. 12 17Section 12. 281.98 (1) of the statutes is amended to read:
AB322-ASA1,11,2318 281.98 (1) Except as provided in ss. 281.47 (1) (d), 281.75 (19), and 281.99 (2),
19any person who violates this chapter or any rule promulgated or any plan approval,
20license or, special order, or water quality certification issued under this chapter shall
21forfeit not less than $10 nor more than $5,000 for each violation. Each day of
22continued violation is a separate offense. While an order is suspended, stayed, or
23enjoined, this penalty does not accrue.
AB322-ASA1, s. 13 24Section 13. 299.95 of the statutes is amended to read:
AB322-ASA1,12,16
1299.95 Enforcement; duty of department of justice; expenses. The
2attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
3ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
4approvals and, permits, and water quality certifications of the department, except
5those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except
6as provided in s. 285.86. The circuit court for Dane county or for any other county
7where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to
8285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
9or, permit, or certification by injunctional and other relief appropriate for
10enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
11or this chapter or the rule, special order, license, plan approval or, permit or
12certification
prohibits in whole or in part any pollution, a violation is considered a
13public nuisance. The department of natural resources may enter into agreements
14with the department of justice to assist with the administration of chs. 281 to 285 and
15289 to 295 and this chapter. Any funds paid to the department of justice under these
16agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
AB322-ASA1, s. 14 17Section 14. Nonstatutory provisions.
AB322-ASA1,12,1818 (1) Temporary process.
AB322-ASA1,12,2019 (a) In this subsection, "existing federal law or interpretation" has the meaning
20given in section 281.36 (1) (b) of the statutes, as created by this act.
AB322-ASA1,12,2421 (b) Except as provided in paragraph (c), no person may discharge dredged or
22fill material into a nonfederal wetland before the date on which the rules required
23under section 281.36 (6) of the statutes, as created by this act, are effective unless
24one of the following applies:
AB322-ASA1,13,3
11. The person demonstrates to the satisfaction of the department of natural
2resources that the discharge would qualify for an exemption under existing federal
3law or interpretation.
AB322-ASA1,13,5 42. The person receives a water quality certification issued under section 281.36
5of the statutes, as created by this act.
AB322-ASA1,13,8 63. The person demonstrates to the satisfaction of the department of natural
7resources that the discharge is exempt from the water quality standards for wetlands
8set under rules promulgated under section 281.15 of the statutes.
AB322-ASA1,13,109 (c) This subsection does not apply after the date on which the rules required
10under section 281.36 (6) of the statutes, as created by this act, are effective.
AB322-ASA1,13,1511 (2) Rules deadline. The department of natural resources shall submit in
12proposed form the rules required under section 281.36 (6) of the statutes, as created
13by this act, to the legislative council staff under section 227.15 (1) of the statutes no
14later than the first day of the 13th month beginning after the effective date of this
15subsection.
AB322-ASA1, s. 15 16Section 15. Effective dates. This act takes effect on the day after publication,
17except as follows:
AB322-ASA1,13,1918 (1) The treatment of section 23.321 (2) of the statutes takes effect on August
191, 2001, or on the day after publication, whichever is later.
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