Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 3208g Section 3208g. 281.85 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1177,17 281.85 Great Lakes protection fund share. (intro.) The department may use moneys from the appropriation under s. 20.370 20.375 (4) (ah) for any of the following purposes:

SB55-ASA1-AA1, s. 3208k Section 3208k. 281.96 of the statutes is amended to read:

SB55-ASA1-AA1,1178,5 281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources environmental management board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or employee. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of necessary or essential data.

SB55-ASA1-AA1, s. 3208r Section 3208r. 283.001 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1178,11 283.001 (2) The purpose of this chapter is to grant to the department of natural resources all authority necessary to establish, administer, and maintain a state pollutant discharge elimination system to effectuate the policy set forth under sub. (1) and consistent with all the requirements of the federal water pollution control act amendments of 1972, P.L. 92-500; 86 Stat. 816.

SB55-ASA1-AA1, s. 3208t Section 3208t. 283.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1178,14 283.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3208v Section 3208v. 283.01 (16) of the statutes is amended to read:

SB55-ASA1-AA1,1178,17 283.01 (16) "Secretary" means the secretary of natural resources environmental management or his or her designee.".

SB55-ASA1-AA1,1178,18 1600. Page 1055, line 8: after that line insert:

SB55-ASA1-AA1,1178,19 " Section 3210s. 283.31 (4m) of the statutes is created to read:

SB55-ASA1-AA1,1178,22 283.31 (4m) The department may not, in the permit for a publicly owned treatment work, authorize the discharge of untreated wastewater resulting from a temporary power interruption.".

SB55-ASA1-AA1,1178,23 1601. Page 1056, line 22: after that line insert:

SB55-ASA1-AA1,1178,24 " Section 3217d. 283.33 (9) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1179,2 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 20.375 (4) (bj).".

SB55-ASA1-AA1,1179,3 1602. Page 1057, line 2: after that line insert:

SB55-ASA1-AA1,1179,4 " Section 3218n. 283.87 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1179,12 283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, subchs. I to III of ch. 30 or chs. 31, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.".

SB55-ASA1-AA1,1179,13 1603. Page 1057, line 2: after that line insert:

SB55-ASA1-AA1,1179,14 " Section 3218m. 283.86 of the statutes is created to read:

SB55-ASA1-AA1,1179,17 283.86 Certain discharges prohibited. No owner or operator of a publicly owned treatment work may intentionally discharge untreated wastewater unless all of the following apply:

SB55-ASA1-AA1,1179,18 (1) The discharge does not cause any effluent limitation to be exceeded.

SB55-ASA1-AA1,1179,20 (2) The discharge is necessary to prevent personal injury, loss of life, or severe property damage.

SB55-ASA1-AA1,1179,21 (3) There is no feasible alternative to the discharge.

SB55-ASA1-AA1,1179,22 (4) The owner or operator provides any required notification of the discharge.".

SB55-ASA1-AA1,1179,23 1604. Page 1057, line 7: after that line insert:

SB55-ASA1-AA1,1179,24 " Section 3219L. 285.30 (5) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1180,3 285.30 (5) (c) A motor vehicle exempt from registration under s. 341.05, except that a motor vehicle owned by the United States is not exempt unless it comes under par. (a), (b), (d), (e), (f), (g) or, (h), or (j).

SB55-ASA1-AA1, s. 3219v Section 3219v. 285.30 (5) (j) of the statutes is created to read:

SB55-ASA1-AA1,1180,5 285.30 (5) (j) A low-speed vehicle, as defined in s. 340.01 (27m).".

SB55-ASA1-AA1,1180,6 1605. Page 1057, line 7: after that line insert:

SB55-ASA1-AA1,1180,7 " Section 3219u. 285.18 of the statutes is created to read:

SB55-ASA1-AA1,1180,9 285.18 Air quality testing. The department may not operate an air quality testing facility within one mile of Lake Michigan.".

SB55-ASA1-AA1,1180,10 1606. Page 1057, line 7: after that line insert:

SB55-ASA1-AA1,1180,12 " Section 3219b. 283.89 (2m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1180,16 283.89 (2m) If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department may issue a citation and, if the department does issue a citation, and the procedures in ss. 23.50 to 23.99 278.50 to 278.90 apply.

SB55-ASA1-AA1, s. 3219e Section 3219e. 285.01 (13) of the statutes is amended to read:

SB55-ASA1-AA1,1180,19 285.01 (13) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3219g Section 3219g. 285.01 (38) of the statutes is amended to read:

SB55-ASA1-AA1,1180,22 285.01 (38) "Secretary" means the secretary of natural resources environmental management.

SB55-ASA1-AA1, s. 3219k Section 3219k. 285.11 (6) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1181,11 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement, and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act Clean Air Act for control of atmospheric ozone shall conform with the federal clean air act Clean Air Act unless, based on the recommendation of the natural resources environmental management board or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act Clean Air Act meet any of the following criteria:

SB55-ASA1-AA1, s. 3219p Section 3219p. 285.48 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1181,22 285.48 (2) Applicability. This section applies if the department of natural resources environmental management, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources environmental management issues such a plan, the department of natural resources environmental management shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

SB55-ASA1-AA1, s. 3210q Section 3210q. 285.48 (3) (d) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1182,3 285.48 (3) (d) (intro.) If the department of natural resources environmental management implements a state implementation plan specified in sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources environmental management shall do each of the following:

SB55-ASA1-AA1, s. 3219t Section 3219t. 285.57 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1182,7 285.57 (4) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2).".

SB55-ASA1-AA1,1182,8 1607. Page 1057, line 16: after that line insert:

SB55-ASA1-AA1,1182,9 " Section 3220g. 285.59 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1182,12 285.59 (7) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2), (3) (c) or (4).".

SB55-ASA1-AA1,1182,13 1608. Page 1057, line 16: after that line insert:

SB55-ASA1-AA1,1182,14 " Section 3221. 285.60 (2m) of the statutes is created to read:

SB55-ASA1-AA1,1182,21 285.60 (2m) General construction permits. The department may, by rule, specify types of stationary sources that may obtain general construction permits. A general construction permit may cover numerous similar stationary sources. A general construction permit shall require any stationary source that is covered by the general construction permit to comply with ss. 285.61 to 285.69. The department shall issue a general construction permit using the procedures and criteria in ss. 285.61, 285.63, 285.65, 285.66, and 285.69.".

SB55-ASA1-AA1,1182,22 1609. Page 1057, line 21: after that line insert:

SB55-ASA1-AA1,1182,23 " Section 3222c. 285.69 (2) (c) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1183,3 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited to the appropriations under s. 20.370 20.375 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) (bh), (sg), and (th) for the following:

SB55-ASA1-AA1, s. 3222e Section 3222e. 285.69 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1183,11 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 20.375 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

SB55-ASA1-AA1, s. 3222g Section 3222g. 285.69 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1183,18 285.69 (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. 285.63 (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 20.375 (2) (bg).

SB55-ASA1-AA1, s. 3222k Section 3222k. 285.85 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1184,3 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources environmental management board shall affirm, modify or set aside the order of the secretary.

SB55-ASA1-AA1, s. 3222n Section 3222n. 285.86 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1184,7 285.86 (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture from a person who commits a violation specified under sub. (2).

SB55-ASA1-AA1, s. 3222t Section 3222t. 287.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1184,10 287.01 (1) "Department" means the department of natural resources environmental management.".

SB55-ASA1-AA1,1184,11 1610. Page 1057, line 21: after that line insert:

SB55-ASA1-AA1,1184,12 " Section 3222d. 287.09 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1184,16 287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 287.07 (1m) to (4) and (2), with either s. 287.07 (3) and (4) or the rules promulgated under s. 287.11 (4), and with the priorities under s. 287.05 (12).

SB55-ASA1-AA1, s. 3222g Section 3222g. 287.11 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1184,21 287.11 (2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 287.07 (3) and (4) materials that residents are required to recycle under the program under par. (b).

SB55-ASA1-AA1, s. 3222h Section 3222h. 287.11 (2) (b) of the statutes is renumbered 287.11 (2) (b) 1.

SB55-ASA1-AA1, s. 3222i Section 3222i. 287.11 (2) (b) (intro.) of the statutes is created to read:

SB55-ASA1-AA1,1184,24 287.11 (2) (b) (intro.) One of the following:

SB55-ASA1-AA1, s. 3222j Section 3222j. 287.11 (2) (b) 2. of the statutes is created to read:

SB55-ASA1-AA1,1185,3 287.11 (2) (b) 2. A program that the department determines complies with the rules promulgated under sub. (4).

SB55-ASA1-AA1, s. 3222k Section 3222k. 287.11 (2) (er) of the statutes is amended to read:

SB55-ASA1-AA1,1185,8 287.11 (2) (er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 287.07 (3) and (4) that is required to be separated for recycling under the program under par. (b) and that is separated for recycling as part of the program.

SB55-ASA1-AA1, s. 3222L Section 3222L. 287.11 (2) (i) of the statutes is amended to read:

SB55-ASA1-AA1,1185,15 287.11 (2) (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) of a type that is recycled in the program under par. (b) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

SB55-ASA1-AA1, s. 3222m Section 3222m. 287.11 (4) of the statutes is created to read:

SB55-ASA1-AA1,1185,18 287.11 (4) Alternate method of compliance. The department shall promulgate rules that do all of the following:

SB55-ASA1-AA1,1185,20 (a) Set goals for amounts of materials to be recycled as a percentage of solid waste generated in the geographic area served by a responsible unit.

SB55-ASA1-AA1,1185,23 (b) Include a list of recyclable materials, including the materials identified under s. 287.07 (3) and (4), that a responsible unit may choose under this subsection to require to be separated for recycling under its recycling program.

SB55-ASA1-AA1,1185,25 (c) Specify a procedure for a responsible unit to identify the materials that it will require to be separated for recycling under its recycling program.

SB55-ASA1-AA1,1186,2 (d) Specify a procedure to be used by the department to determine whether a responsible unit has achieved the goals under par. (a).

SB55-ASA1-AA1, s. 3222p Section 3222p. 287.23 (2) of the statutes is amended to read: