Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1201,17 1626. Page 1067, line 7: delete "municipalities" and substitute "the city of Platteville, the city of Fond du Lac and other municipalities that are".

SB55-ASA1-AA1,1201,18 1627. Page 1067, line 14: delete that line and substitute:

SB55-ASA1-AA1,1201,19 " Section 3324db. 292.77 (4) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,1201,22 292.77 (4) During the 2001-03 fiscal biennium, the department shall make $150,000 available to the City of Platteville and $250,000 available to the City of Fond du Lac under sub. (2).".

SB55-ASA1-AA1,1201,23 1628. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1201,24 " Section 3327j. 301.03 (2t) of the statutes is created to read:

SB55-ASA1-AA1,1202,2 301.03 (2t) Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

SB55-ASA1-AA1,1202,5 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

SB55-ASA1-AA1,1202,10 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

SB55-ASA1-AA1,1202,14 (c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of the services.

SB55-ASA1-AA1,1202,17 (d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).".

SB55-ASA1-AA1,1202,18 1629. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1202,19 " Section 3325c. 293.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1202,21 293.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325d Section 3325d. 293.01 (28) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1203,2 293.01 (28) (a) Habitat required for survival of species of vegetation or wildlife designated as endangered through prior inclusion in rules adopted by the department of fish, wildlife, parks, and forestry, if such endangered species cannot be firmly reestablished elsewhere.

SB55-ASA1-AA1, s. 3325e Section 3325e. 293.01 (28) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1203,7 293.01 (28) (b) (intro.) Unique features of the land, as determined by state or federal designation and incorporated in rules adopted by the department or the department of fish, wildlife, parks, and forestry, as any of the following, which cannot have their unique characteristic preserved by relocation or replacement elsewhere:

SB55-ASA1-AA1, s. 3325j Section 3325j. 293.25 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1203,15 293.25 (6) Environmental impact. Radioactive waste site exploration may constitute a major action significantly affecting the quality of the human environment. No person may engage in radioactive waste site exploration unless the person complies with the requirements under s. 1.11. Notwithstanding s. 23.40 278.40, the state may charge actual and reasonable costs associated with field investigation, verification, monitoring, preapplication services and preparation of an environmental impact statement.

SB55-ASA1-AA1, s. 3325n Section 3325n. 295.11 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1203,18 295.11 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325p Section 3325p. 295.31 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1203,21 295.31 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325s Section 3325s. 299.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1203,24 299.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325t Section 3325t. 299.23 of the statutes is amended to read:

SB55-ASA1-AA1,1204,5 299.23 Financial interest prohibited. The secretary of natural resources environmental management and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which that might profit by weak or preferential administration or enforcement of the powers and duties of the department.

SB55-ASA1-AA1, s. 3325u Section 3325u. 299.64 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1204,9 299.64 (3) 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, s. 3325v Section 3325v. 299.80 (16) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1204,15 299.80 (16) (a) Beginning not later than November 1, 1998, the secretary of natural resources environmental management shall submit an annual progress report on the program under this section to the governor and, under s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.

SB55-ASA1-AA1, s. 3325w Section 3325w. 299.80 (16) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1204,21 299.80 (16) (b) Not later than October 1, 2001, the secretary of natural resources environmental management shall submit a report to the governor and, under s. 13.172 (2), the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.

SB55-ASA1-AA1, s. 3326g Section 3326g. 299.95 of the statutes, as affected by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1205,15 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as provided in s. 285.86. The circuit court for Dane county County or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources environmental management may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).".

SB55-ASA1-AA1,1205,16 1630. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1205,17 " Section 3325ne. 295.11 (11) of the statutes is created to read:

SB55-ASA1-AA1,1205,21 295.11 (11) "Topsoil" means the surface layer of soil that is generally more fertile than the underlying soil layers, that is the natural medium for plant growth, and that can provide the plant growth, soil stability, and other attributes necessary to meet the standards specified in an approved reclamation plan.

SB55-ASA1-AA1, s. 3325nj Section 3325nj. 295.16 (4) (k) of the statutes is created to read:

SB55-ASA1-AA1,1206,3 295.16 (4) (k) Removal of topsoil, other than soil taken from the bed of a navigable water, from an area the size of which does not exceed the size determined by dividing the total acreage of the contiguous land under common ownership on which the area is located by 40 and multiplying the result by 3, if no other material is removed from the area.

SB55-ASA1-AA1, s. 3325nL Section 3325nL. 295.18 (4) of the statutes is renumbered 295.18 (4) (a) and amended to read:

SB55-ASA1-AA1,1206,19 295.18 (4) (a) If the department issues a written decision under sub. (2) that a county is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall administer the nonmetallic mining reclamation program in that county, including the collection of fees, review and approval of plans, inspection of nonmetallic mining sites and enforcement, except that the department may not administer the nonmetallic mining reclamation program in a city, village or town that enacted an ordinance that complies with s. 295.14 before the department made its determination under sub. (2) and is administering that ordinance. For annual fees due on or before December 31, 2003, if the department administers the nonmetallic program in a county, the department may not charge an annual fee of more than $100 for a nonmetallic mining site with one to 5 acres that have not been reclaimed, if the nonmetallic mining site is approved for a wildlife enhancement project, or an annual fee of more $300 for any other nonmetallic mining site with one to 5 acres that have not been reclaimed.

SB55-ASA1-AA1,1207,3 (b) The county may apply to the department at any time to resume administration of the nonmetallic mining reclamation program. The department, after a hearing, may approve the county request to administer the nonmetallic mining reclamation program if the county demonstrates the capacity to comply with this subchapter and rules promulgated under this subchapter. No city, village or town may enact an ordinance for and begin to implement a nonmetallic mining reclamation program during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.".

SB55-ASA1-AA1,1207,4 1631. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1207,5 " Section 3326. 299.85 of the statutes is created to read:

SB55-ASA1-AA1,1207,7 299.85 Environmental improvement program. (1) Definitions. In this section:

SB55-ASA1-AA1,1207,12 (a) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.

SB55-ASA1-AA1,1207,14 (am) "Environmental performance" means the effects of a facility on air, water, land, natural resources, and human health.

SB55-ASA1-AA1,1207,18 (b) "Environmental performance evaluation" means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental performance of the facility, including an evaluation of compliance with one or more environmental requirements.

SB55-ASA1-AA1,1207,19 (c) "Environmental requirement" means a requirement in any of the following:

SB55-ASA1-AA1,1207,22 1. Chapters 160 or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

SB55-ASA1-AA1,1208,3 2. An ordinance or other legally binding requirement of a local governmental unit enacted under authority granted by a state law relating to environmental protection.

SB55-ASA1-AA1,1208,5 (d) "Facility" means all buildings, equipment, and structures located on a single parcel or on adjacent parcels that are owned or operated by the same person.

SB55-ASA1-AA1,1208,7 (e) "Local governmental unit" means a city, village, town, county, town sanitary district, or metropolitan sewerage district.

SB55-ASA1-AA1,1208,9 (f) "Regulated entity" means a public or private entity that is subject to environmental requirements.

SB55-ASA1-AA1,1208,12 (2) Requirements for participation. A regulated entity qualifies for participation in the environmental improvement program with respect to a facility owned or operated by the regulated entity if all of the following apply:

SB55-ASA1-AA1,1208,15 (a) The regulated entity conducts an environmental performance evaluation of the facility or submits findings from the facility's environmental management system.

SB55-ASA1-AA1,1208,21 (b) If the regulated entity conducts an environmental performance evaluation, the regulated entity notified the department in writing, no fewer than 30 days before beginning an environmental performance evaluation, of the date on which the environmental performance evaluation would begin, the site or facility or the operations or practices at a site or facility to be reviewed, and the general scope of the environmental performance evaluation.

SB55-ASA1-AA1,1208,23 (c) If the regulated entity conducts an environmental performance evaluation, the environmental performance evaluation complies with sub. (4).

SB55-ASA1-AA1,1208,25 (d) If the regulated entity submits findings from the facility's environmental management system, the environmental management system complies with sub. (5).

SB55-ASA1-AA1,1209,1 (e) The regulated entity submits a report as required under sub. (3).

SB55-ASA1-AA1,1209,6 (f) At the time of submitting a report under sub. (3), the department of justice has not, within 2 years, filed a suit to enforce an environmental requirement, and the department or a local governmental unit has not, within 2 years, issued a citation to enforce an environmental requirement, because of a violation of an environmental requirement involving the facility.

SB55-ASA1-AA1,1209,13 (3) Report. To participate in the environmental improvement program with respect to a facility, a regulated entity that owns or operates the facility shall submit a report to the department within 45 days after the date of the final written report of findings of an environmental performance evaluation of the facility or within 45 days after the date of findings from the facility's environmental management system if the findings identify a violation of an environmental requirement. The report shall include all of the following:

SB55-ASA1-AA1,1209,18 (a) 1. If the regulated entity conducted an environmental performance evaluation, a description of the environmental performance evaluation, including who conducted the environmental performance evaluation, when it was completed, what activities and operations were examined, and what was revealed by the environmental performance evaluation.

SB55-ASA1-AA1,1209,22 2. If the regulated entity submits findings from an environmental management system, a description of the environmental management system, of the activities and operations covered by the environmental management system, and of who made the findings and when the findings were made.

SB55-ASA1-AA1,1209,25 (b) A description of all violations of environmental requirements revealed by the environmental performance evaluation or the environmental management system and of the length of time that the violations may have continued.

SB55-ASA1-AA1,1210,2 (c) A description of actions taken or proposed to be taken to correct the violations of environmental requirements.

SB55-ASA1-AA1,1210,5 (d) A commitment to correct the violations of environmental requirements within 90 days of submitting the report or according to a compliance schedule approved by the department.

SB55-ASA1-AA1,1210,12 (e) If the regulated entity proposes to take more than 90 days to correct the violations of environmental requirements, a proposed compliance schedule that contains the shortest reasonable periods for correcting the violations of environmental requirements, a statement that justifies the proposed compliance schedule, and a description of measures that the regulated entity will take to minimize the effects of the violations of environmental requirements during the period of the compliance schedule.

SB55-ASA1-AA1,1210,15 (em) If the regulated entity proposes to take more than 90 days to correct the violations of environmental requirements, the proposed stipulated penalties to be imposed if the regulated entity violates the compliance schedule under par. (e).

SB55-ASA1-AA1,1210,18 (f) A description of the measures that the regulated entity has taken or will take to prevent future violations of environmental requirements and a timetable for taking the measures that it has not yet taken.

SB55-ASA1-AA1,1210,23 (3m) Public notice; comment period. (a) The department shall provide at least 30 days for public comment on a compliance schedule and stipulated penalties proposed in a report under sub. (3). The department may not approve or issue a compliance schedule under sub. (6) or approve stipulated penalties under sub. (6m) until after the end of the comment period.

SB55-ASA1-AA1,1211,3 (b) Before the start of the public comment period under par. (a), the department shall provide public notice of the proposed compliance schedule and stipulated penalties that does all of the following:

SB55-ASA1-AA1,1211,5 1. Identifies the regulated entity that submitted the report under sub. (3), the facility at which the violation occurred, and the nature of the violation.

SB55-ASA1-AA1,1211,7 2. Describes the proposed compliance schedule and the proposed stipulated penalties.

SB55-ASA1-AA1,1211,10 3. Identifies an employee of the department and an employee of the regulated entity who may be contacted for additional information about the proposed compliance schedule and the proposed stipulated penalties.

SB55-ASA1-AA1,1211,13 4. States that comments concerning the proposed compliance schedule and the proposed stipulated penalties may be submitted to the department during the comment period and states the last date of the comment period.

SB55-ASA1-AA1,1211,22 (4) Environmental performance evaluation. If a regulated entity conducts an environmental performance evaluation under sub. (2) (a), the regulated entity does not qualify for participation in the environmental improvement program unless the final written report of findings of the environmental performance evaluation is labeled "environmental performance evaluation report," is dated, and, if the environmental performance evaluation identifies violations of environmental requirements, includes a plan for corrective action. A regulated entity may use a form developed by the regulated entity, by a consultant, or by the department for the final written report of findings of the environmental performance evaluation.

SB55-ASA1-AA1,1212,5 (5) Environmental management system. If a regulated entity submits findings from the facility's environmental management system under sub. (2) (a), the regulated entity does not qualify for participation in the environmental improvement program unless the regulated entity's efforts to prevent, detect, and correct violations of environmental requirements are appropriate to the size of the regulated entity and to the nature of its business and are consistent with any criteria used by the federal environmental protection agency to define due diligence in federal audit policies or regulations.

SB55-ASA1-AA1,1212,15 (6) Compliance schedules. (a) If the department receives a report under sub. (3) that contains a proposed compliance schedule under sub. (3) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the regulated entity does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the regulated entity to attempt to reach an agreement on a compliance schedule. If the department and the regulated entity do not reach an agreement on a compliance schedule, the department may issue a compliance schedule. A compliance schedule under this subsection is subject to review under ch. 227.

SB55-ASA1-AA1,1212,19 (b) The department may not approve or issue a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:

SB55-ASA1-AA1,1212,20 1. The environmental and public health consequences of the violations.

SB55-ASA1-AA1,1212,23 2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.

SB55-ASA1-AA1,1212,25 3. The time needed to purchase any equipment or supplies that are needed to correct the violations.

SB55-ASA1-AA1,1213,8 (6m) Stipulated penalties. (a) If the department receives proposed stipulated penalties under sub. (3) (em), the department shall review the proposed stipulated penalties. The department may approve the stipulated penalties as submitted or propose different stipulated penalties. If the regulated entity does not agree to stipulated penalties proposed by the department, the department shall schedule a meeting with the regulated entity to attempt to reach an agreement on stipulated penalties. If no agreement is reached, there are no stipulated penalties for violations of the compliance schedule.

SB55-ASA1-AA1,1213,11 (b) Stipulated penalties approved under par. (a) shall specify a period, not longer than 6 months beyond the end of the compliance schedule, during which the stipulated penalties will apply.

SB55-ASA1-AA1,1213,16 (7) Deferred civil enforcement. (a) 1. For at least 90 days after the department receives a report that meets the requirements in sub. (3), this state may not begin a civil action to collect forfeitures for violations of environmental requirements that are disclosed in the report by a regulated entity that qualifies under sub. (2) for participation in the environmental improvement program.

SB55-ASA1-AA1,1213,21 2. If the regulated entity corrects violations that are disclosed by a regulated entity that qualifies under sub. (2) for participation in the environmental improvement program in a report that meets the requirements of sub. (3) within 90 days after the department receives a report that meets the requirements of sub. (3), this state may not bring a civil action to collect forfeitures for the violations.