AB479-ASA1,6,2322 (e) Make the program compatible with federal programs that create incentives
23for achieving environmental performance that exceeds legal requirements.
AB479-ASA1,7,3
1(f) Increase levels of trust, communication, and accountability among
2regulatory agencies, entities that are subject to environmental requirements, and
3the public.
AB479-ASA1,7,74 (g) Reduce the time and money spent by regulatory agencies and entities that
5are subject to environmental requirements on tasks that do not benefit the
6environment by focusing on more efficient performance of necessary tasks and
7eliminating unnecessary tasks.
AB479-ASA1,7,108 (h) Report environmental performance information and data concerning
9ambient environmental quality to the public in a manner that is accurate, timely,
10credible, relevant, and useable to interested persons.
AB479-ASA1,7,1211 (i) Provide for the measurement of environmental performance in terms of
12accomplishing goals and require the reporting of the results.
AB479-ASA1,7,1513 (j) Implement an evaluation system that provides flexibility and affords some
14protection for experimentation by participants that use innovative techniques to try
15to achieve superior environmental performance.
AB479-ASA1,7,1616 (k) Remove disincentives to achieving superior environmental performance.
AB479-ASA1,7,1817 (L) Provide for sustained business success as well as a reduction in
18environmental pollution.
AB479-ASA1,7,2019 (m) Promote the transfer of technological and practical innovations that
20improve environmental performance in an efficient, effective, or safe manner.
AB479-ASA1,7,2221 (n) Lower the administrative costs associated with environmental
22requirements and with achieving superior environmental performance.
AB479-ASA1,8,2 23(3) Eligibility for tier i. (a) General. An applicant is eligible for tier I of the
24program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
25consists of a group of entities, each requirement in pars. (b) to (d) applies to each

1entity in the group. An applicant for tier I of the program shall identify the facilities
2or activities that it intends to include in the program.
AB479-ASA1,8,43 (b) Enforcement record. To be eligible to participate in tier I of the program, an
4applicant shall demonstrate all of the following:
AB479-ASA1,8,105 1. That, within 60 months before the date of application, no judgment of
6conviction was entered against the applicant, any managing operator of the
7applicant, or any person with a 25% or more ownership interest in the applicant for
8a criminal violation involving a covered facility or activity that resulted in
9substantial harm to public health or the environment or that presented an imminent
10threat to public health or the environment.
AB479-ASA1,8,1511 2. That, within 36 months before the date of application, no civil judgment was
12entered against the applicant, any managing operator of the applicant, or any person
13with a 25% or more ownership interest in the applicant for a violation involving a
14covered facility or activity that resulted in substantial harm to public health or the
15environment.
AB479-ASA1,8,2016 3. That, within 24 months before the date of application, the department of
17justice has not filed a suit to enforce an environmental requirement, and the
18department of natural resources has not issued a citation to enforce an
19environmental requirement, because of a violation involving a covered facility or
20activity.
AB479-ASA1,8,2221 (c) Environmental performance. To be eligible to participate in tier I of the
22program, an applicant shall submit an application that describes all of the following:
AB479-ASA1,8,2423 1. The applicant's past environmental performance with respect to each
24covered facility or activity.
AB479-ASA1,9,2
12. The applicant's current environmental performance with respect to each
2covered facility or activity.
AB479-ASA1,9,53 3. The applicant's plans for activities that enhance the environment, such as
4improving the applicant's environmental performance with respect to each covered
5facility or activity.
AB479-ASA1,9,76 (d) Environmental management system. To be eligible to participate in tier I
7of the program, an applicant shall do all of the following:
AB479-ASA1,9,108 1. Demonstrate that it has implemented, or commit itself to implementing
9within one year of application, an environmental management system, for each
10covered facility or activity, that is all of the following:
AB479-ASA1,9,1311 a. In compliance with the standards for environmental management systems
12issued by the International Organization for Standardization or determined by the
13department to be a functionally equivalent environmental management system.
AB479-ASA1,9,1614 b. Determined by the department to be appropriate to the nature, scale, and
15environmental impacts of the applicant's operations related to each covered facility
16or activity.
AB479-ASA1,9,1817 2. Include, in the environmental management system under subd. 1., objectives
18in at least 2 of the following areas:
AB479-ASA1,9,2119 a. Improving the environmental performance of the applicant, with respect to
20each covered facility or activity, in aspects of environmental performance that are
21regulated under chs. 29 to 31, 160, and 280 to 299.
AB479-ASA1,9,2422 b. Improving the environmental performance of the applicant, with respect to
23each covered facility or activity, in aspects of environmental performance that are not
24regulated under chs. 29 to 31, 160, and 280 to 299.
AB479-ASA1,9,2525 c. Voluntarily restoring, enhancing, or preserving natural resources.
AB479-ASA1,10,4
13. Explain to the department the rationale for the choices of objectives under
2subd. 2. and describe any consultations with residents of the areas in which each
3covered facility or activity is located or performed and with other interested persons
4concerning those objectives.
AB479-ASA1,10,95 4. Conduct, or commit itself to conducting, annual environmental management
6system audits, with every 3rd environmental management system audit performed
7by an outside environmental auditor approved by the department, and commit itself
8to submitting an annual report on the environmental management system audit to
9the department in compliance with sub. (6m) (a).
AB479-ASA1,10,1110 5. Commit itself to submitting to the department an annual report on progress
11toward meeting the objectives under subd. 2.
AB479-ASA1,10,15 12(4) Process for tier i. (a) Upon receipt of an application for participation in
13tier I of the program, the department shall provide public notice about the
14application in the area in which each covered facility or activity is located or
15performed.
AB479-ASA1,10,1716 (b) After providing public notice under par. (a) about an application, the
17department may hold a public informational meeting on the application.
AB479-ASA1,10,2318 (c) The department shall approve or deny an application within 60 days after
19providing notice under par. (a) or, if the department holds a public informational
20meeting under par. (b), within 60 days after that meeting. The department may limit
21the number of participants in tier I of the program, or limit the extent of participation
22by a particular applicant, based on the department's determination that the
23limitation is in the best interest of the program.
AB479-ASA1,10,2524 (d) A decision by the department under par. (c) to approve or deny an
25application is not subject to review under ch. 227.
AB479-ASA1,11,2
1(4m) Incentives for tier i. (a) The department shall issue a numbered
2certificate of recognition to each participant in tier I of the program.
AB479-ASA1,11,43 (b) The department shall identify each participant in tier I of the program on
4an Internet site maintained by the department.
AB479-ASA1,11,75 (c) The department shall annually provide notice of the participation of each
6participant in tier I of the program to newspapers in the area in which each covered
7facility or activity is located.
AB479-ASA1,11,108 (d) A participant in tier I of the program may use an environmental results
9program logo selected by the department on written materials produced by the
10participant.
AB479-ASA1,11,1511 (e) The department shall assign an employee of the department, who is
12acceptable to the participant, to serve as the contact with the department for a
13participant in tier I of the program for communications concerning participation in
14the program, for any approvals that the participant is required to obtain, and for
15technical assistance.
AB479-ASA1,11,2216 (f) After a participant in tier I of the program implements an environmental
17management system that complies with sub. (3) (d) 1., the department shall conduct
18any inspections of the participant's covered facilities or activities that are required
19under chs. 29 to 31, 160, and 280 to 295 at the lowest frequency permitted under
20those chapters, except that the department may conduct an inspection whenever it
21has reason to believe that a participant is out of compliance with a requirement in
22an approval or with an environmental requirement.
AB479-ASA1,12,2 23(5) Eligibility for tier ii. (a) General. An applicant is eligible for tier II of the
24program if the applicant satisfies the requirements in pars. (b) to (d). If an applicant
25consists of a group of entities, each requirement in pars. (b) to (d) applies to each

1entity in the group. An applicant for tier II of the program shall identify the facilities
2or activities that it intends to include in the program.
AB479-ASA1,12,43 (b) Enforcement record. To be eligible to participate in tier II of the program,
4an applicant shall demonstrate all of the following:
AB479-ASA1,12,105 1. That, within 120 months before the date of application, no judgment of
6conviction was entered against the applicant, any managing operator of the
7applicant, or any person with a 25% or more ownership interest in the applicant for
8a criminal violation involving a covered facility or activity that resulted in
9substantial harm to public health or the environment or that presented an imminent
10threat to public health or the environment.
AB479-ASA1,12,1511 2. That, within 60 months before the date of application, no civil judgment was
12entered against the applicant, any managing operator of the applicant, or any person
13with a 25% or more ownership interest in the applicant for a violation involving a
14covered facility or activity that resulted in substantial harm to public health or the
15environment.
AB479-ASA1,12,2016 3. That, within 24 months before the date of application, the department of
17justice has not filed a suit to enforce an environmental requirement, and the
18department of natural resources has not issued a citation to enforce an
19environmental requirement, because of a violation involving a covered facility or
20activity.
AB479-ASA1,12,2221 (c) Environmental management system. To be eligible to participate in tier II
22of the program, an applicant shall do all of the following:
AB479-ASA1,12,2423 1. Demonstrate that it has implemented an environmental management
24system, for each covered facility or activity, that is all of the following:
AB479-ASA1,13,3
1a. In compliance with the standards for environmental management systems
2issued by the International Organization for Standardization or determined by the
3department to be a functionally equivalent environmental management system.
AB479-ASA1,13,64 b. Determined by the department to be appropriate to the nature, scale, and
5environmental impacts of the applicant's operations related to to each covered
6facility or activity.
AB479-ASA1,13,107 2. Commit itself to having an outside environmental auditor approved by the
8department conduct an annual environmental management system audit and to
9submitting an annual report on the environmental management system audit to the
10department in compliance with sub. (6m) (a).
AB479-ASA1,13,1411 3. Commit itself to annually conducting, or having another person conduct, an
12audit of compliance with environmental requirements that are applicable to the
13covered facilities and to reporting the results of the audit to the department in
14compliance with sub. (6m) (a).
AB479-ASA1,13,1815 (d) Superior environmental performance. To be eligible to participate in tier II
16of the program, an applicant shall demonstrate a record of superior environmental
17performance and shall describe the measures that it proposes to take to maintain and
18improve its superior environmental performance.
AB479-ASA1,13,23 19(6) Process for tier ii. (a) Letter of intent. To apply for participation in tier
20II of the program, an entity shall submit a letter of intent to the department. In
21addition to providing information necessary to show that the applicant satisfies the
22requirements in sub. (5), the applicant shall do all of the following in the letter of
23intent:
AB479-ASA1,14,224 1. Describe the involvement of interested persons in developing the proposal
25for maintaining and improving the applicant's superior environmental performance,

1identify the interested persons, and describe the interests that those person have in
2the applicant's participation in the program.
AB479-ASA1,14,43 2. Outline the provisions that it proposes to include in the participation
4contract.
AB479-ASA1,14,75 3. Explain how the measures that the applicant proposes to take to maintain
6and improve its superior environmental performance are proportional to the
7incentives that it proposes to receive under the participation contract.
AB479-ASA1,14,98 (b) Limitation. The department may limit the number of letters of intent that
9it processes based on the staff resources available.
AB479-ASA1,14,1310 (c) Notice. If the department decides to process a letter of intent, within 90 days
11of receiving the letter of intent the department shall provide public notice about the
12letter of intent in the area in which each covered facility or activity is located or
13performed.
AB479-ASA1,14,1614 (d) Public meeting. After providing public notice under par. (c) about a letter
15of intent, the department may hold a public informational meeting on the letter of
16intent.
AB479-ASA1,14,2417 (e) Request to participate. Within 30 days after the public notice under par. (c),
18interested persons may request the department to grant them authorization to
19participate in the negotiations under par. (f). A person who makes a request under
20this paragraph shall describe the person's interests in the issues raised by the letter
21of intent. The department shall determine whether a person who makes a request
22under this paragraph may participate in the negotiations under par. (f) based on
23whether the person has demonstrated sufficient interest in the issues raised by the
24letter of intent to warrant that participation.
AB479-ASA1,15,6
1(f) Negotiations. If the department determines that an applicant satisfies the
2requirements in sub. (5), the department may begin negotiations concerning a
3participation contract with the applicant and with any persons to whom the
4department granted permission under par. (e). The department may begin the
5negotiations no sooner than 30 days after providing public notice under par. (c) about
6the applicant's letter of intent.
AB479-ASA1,15,117 (g) Termination of negotiations. The department may terminate negotiations
8with an applicant concerning a participation contract and the decision to terminate
9negotiations is not subject to review under ch. 227. The department shall conclude
10negotiations within 12 months of beginning negotiations unless the applicant and
11the department agree to an extension.
AB479-ASA1,15,1512 (h) Notice of proposed contract. If negotiations under par. (f) result in a
13proposed participation contract, the department shall provide public notice about
14the proposed participation contract in the area in which each covered facility or
15activity is located or performed.
AB479-ASA1,15,1816 (i) Meeting on proposed contract. After providing public notice under par. (h)
17about a proposed participation contract, the department may hold a public
18informational meeting on the proposed participation contract.
AB479-ASA1,16,1319 (j) Participation contract. Within 30 days after providing notice under par. (h)
20or, if the department holds a public informational meeting under par. (i), within 30
21days after that meeting, the department shall decide whether to enter into a
22participation contract with an applicant, unless the applicant and the department
23agree to an extension beyond 30 days. In a participation contract, the department
24shall require that the participant maintain the environmental management system
25described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The

1department may not reduce the frequency of required inspections or monitoring as
2an incentive in a participation contract if the audit under sub. (5) (c) 3. is conducted
3by a person other than an outside environmental auditor. The department shall
4ensure that the incentives provided under a participation contract are proportional
5to the environmental benefits that will be provided by the participant under the
6participation contract. The department shall include in a participation contract
7remedies that apply if a party fails to comply with the participation contract. The
8term of a participation contract may not be less than 3 years or more than 10 years,
9with opportunity for renewal for additional terms of the same length as the original
10term upon agreement of the parties. The term of a participation contract may not
11exceed 5 years if the participation contract incorporates, modifies, or otherwise
12affects the terms or conditions of a permit issued under s. 283.31, 283.33, or 285.62,
13unless federal and state law authorize a longer term for the permit.
AB479-ASA1,16,1614 (k) Review of decision. Notwithstanding s. 227.42, there is no right to an
15administrative hearing on the department's decision to enter into a participation
16contract under par. (j), but the decision is subject to judicial review.
AB479-ASA1,16,20 17(6m) Compliance reports and deferred civil enforcement. (a) Compliance
18reports.
If an audit under sub. (3) (d) 4. or (5) (c) 2. or 3. reveals any violations of
19environmental requirements, the participant shall include all of the following in the
20report of the results of the audit:
AB479-ASA1,16,2121 1. A description of all of the violations.
AB479-ASA1,16,2322 2. A description of the actions taken or proposed to be taken to correct the
23violations identified in subd. 1.
AB479-ASA1,17,3
13. A commitment to correct the violations identified in subd. 1. within 90 days
2of submitting the report or according to a compliance schedule approved by the
3department.
AB479-ASA1,17,104 4. If the participant proposes to take more than 90 days after submitting the
5report to correct the violations identified in subd. 1., a proposed compliance schedule
6that contains the shortest reasonable periods for correcting the violations, a
7statement that justifies the proposed compliance schedule, a description of measures
8that the participant will take to minimize the effects of the violations during the
9period of the compliance schedule, and proposed stipulated penalties to be imposed
10if the participant violates the proposed compliance schedule.
AB479-ASA1,17,1211 5. A description of the measures that the participant has taken or will take to
12prevent future violations.
AB479-ASA1,17,2313 (b) Compliance schedules. 1. If the department receives a report under par. (a)
14that contains a proposed compliance schedule under par. (a) 4., the department shall
15review the proposed compliance schedule. The department may approve the
16compliance schedule as submitted or propose a different compliance schedule. If the
17participant does not agree to implement a compliance schedule proposed by the
18department, the department shall schedule a meeting with the participant to
19attempt to reach an agreement on a compliance schedule. If the department and the
20participant do not reach an agreement on a compliance schedule, the department
21shall terminate the participation of the participant in the program. If the parties
22agree to a compliance schedule, the participant shall incorporate the compliance
23schedule into its environmental management system.
AB479-ASA1,18,224 2. The department may not approve a compliance schedule that extends longer
25than 12 months beyond the date of approval of the compliance schedule. The

1department shall consider the following factors in determining whether to approve
2a compliance schedule:
AB479-ASA1,18,33 a. The environmental and public health consequences of the violations.
AB479-ASA1,18,64 b. The time needed to implement a change in raw materials or method of
5production if that change is an available alternative to other methods of correcting
6the violations.
AB479-ASA1,18,87 c. The time needed to purchase any equipment or supplies that are needed to
8correct the violations.
AB479-ASA1,18,169 (c) Stipulated penalties. 1. If the department receives proposed stipulated
10penalties under par. (a) 4., the department shall review the proposed stipulated
11penalties. The department may approve the stipulated penalties as submitted or
12propose different stipulated penalties. If the participant does not agree to stipulated
13penalties proposed by the department, the department shall schedule a meeting with
14the participant to attempt to reach an agreement on stipulated penalties. If no
15agreement is reached, there are no stipulated penalties for violations of the
16compliance schedule.
AB479-ASA1,18,2017 (d) Deferred civil enforcement. 1. a. If a participant in the program corrects
18violations that are disclosed in a report that meets the requirements of par. (a) within
1990 days after the department receives the report, this state may not bring a civil
20action to collect forfeitures for the violations.
AB479-ASA1,19,421 b. This state may not begin a civil action to collect forfeitures for violations
22covered by a compliance schedule that is approved under par. (b) during the period
23of the compliance schedule if the participant is not violating the compliance schedule.
24If the participant violates the compliance schedule and there are stipulated
25penalties, the department may collect any stipulated penalties or may terminate

1participation in the program. If the participant violates the compliance schedule and
2there are no stipulated penalties, the department may terminate participation in the
3program. After the department terminates participation in the program, this state
4may begin a civil action to collect forfeitures for the violations.
AB479-ASA1,19,75 c. If the department approves a compliance schedule under par. (b) and the
6participant corrects the violations according to the compliance schedule, this state
7may not bring a civil action to collect forfeitures for the violations.
AB479-ASA1,19,98 2. Notwithstanding subd. 1., this state may at any time begin a civil action to
9collect forfeitures for violations if any of the following apply:
AB479-ASA1,19,1110 a. The violations present an imminent threat to public health or the
11environment or may cause serious harm to public health or the environment.
AB479-ASA1,19,1312 b. The department discovers the violations before submission of a report that
13meets the requirement of par. (a).
AB479-ASA1,19,16 14(7) Suspension or termination of participation. (a) The department may
15suspend or terminate the participation of a participant in the program at the request
16of the participant.
AB479-ASA1,19,2217 (b) The department may terminate the participation of a participant in the
18program if a judgment is entered against the participant, any managing operator of
19the participant, or any person with a 25% or more ownership interest in the
20participant for a criminal or civil violation involving a covered facility or activity that
21resulted in substantial harm to public health or the environment or that presented
22an imminent threat to public health or the environment.
AB479-ASA1,20,423 (c) The department may suspend the participation of a participant in the
24program if the department determines that the participant, any managing operator
25of the participant, or any person with a 25% or more ownership interest in the

1participant committed a criminal or civil violation involving a covered facility or
2activity that resulted in substantial harm to public health or the environment or that
3presented an imminent threat to public health or the environment and the
4department refers the matter to the department of justice for prosecution.
AB479-ASA1,20,95 (d) The department may suspend or terminate the participation of a
6participant in tier I of the program if the participant does not implement, or fails to
7maintain, the environmental management system described in sub. (3) (d) 1., fails
8to conduct annual audits described in sub. (3) (d) 4., or fails to submit annual reports
9described in sub. (3) (d) 5.
AB479-ASA1,20,1210 (e) The department may, after an opportunity for a hearing, terminate a
11participation contract if the department determines that the participant is in
12substantial noncompliance with the participation contract.
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