SB55-ASA1-AA1,1203,2120 295.31 (1) "Department" means the department of natural resources
21environmental management.
SB55-ASA1-AA1, s. 3325s 22Section 3325s. 299.01 (3) of the statutes is amended to read:
SB55-ASA1-AA1,1203,2423 299.01 (3) "Department" means the department of natural resources
24environmental management.
SB55-ASA1-AA1, s. 3325t 25Section 3325t. 299.23 of the statutes is amended to read:
SB55-ASA1-AA1,1204,5
1299.23 Financial interest prohibited. The secretary of natural resources
2environmental management and any other person in a position of administrative
3responsibility in the department may not have a financial interest in any enterprise
4which that might profit by weak or preferential administration or enforcement of the
5powers and duties of the department.
SB55-ASA1-AA1, s. 3325u 6Section 3325u. 299.64 (3) of the statutes is amended to read:
SB55-ASA1-AA1,1204,97 299.64 (3) Citations. The department may follow the procedures for the
8issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
9for a violation of sub. (2).
SB55-ASA1-AA1, s. 3325v 10Section 3325v. 299.80 (16) (a) of the statutes is amended to read:
SB55-ASA1-AA1,1204,1511 299.80 (16) (a) Beginning not later than November 1, 1998, the secretary of
12natural resources environmental management shall submit an annual progress
13report on the program under this section to the governor and, under s. 13.172 (3), the
14standing committees of the legislature with jurisdiction over environmental
15matters.
SB55-ASA1-AA1, s. 3325w 16Section 3325w. 299.80 (16) (b) of the statutes is amended to read:
SB55-ASA1-AA1,1204,2117 299.80 (16) (b) Not later than October 1, 2001, the secretary of natural
18resources
environmental management shall submit a report to the governor and,
19under s. 13.172 (2), the legislature on the success of the program under this section.
20The report shall include recommendations concerning the continuation of the
21program under this section and any changes that should be made to the program.
SB55-ASA1-AA1, s. 3326g 22Section 3326g. 299.95 of the statutes, as affected by 2001 Wisconsin Act 6, is
23amended to read:
SB55-ASA1-AA1,1205,15 24299.95 Enforcement; duty of department of justice; expenses. The
25attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except

1ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
2approvals, permits, and water quality certifications of the department, except those
3promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as
4provided in s. 285.86. The circuit court for Dane county County or for any other
5county where a violation occurred in whole or in part has jurisdiction to enforce chs.
6281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
7approval, permit, or certification by injunctional and other relief appropriate for
8enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
9or this chapter or the rule, special order, license, plan approval, permit or
10certification prohibits in whole or in part any pollution, a violation is considered a
11public nuisance. The department of natural resources environmental management
12may enter into agreements with the department of justice to assist with the
13administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
14to the department of justice under these agreements shall be credited to the
15appropriation account under s. 20.455 (1) (k).".
SB55-ASA1-AA1,1205,16 161630. Page 1068, line 2: after that line insert:
SB55-ASA1-AA1,1205,17 17" Section 3325ne. 295.11 (11) of the statutes is created to read:
SB55-ASA1-AA1,1205,2118 295.11 (11) "Topsoil" means the surface layer of soil that is generally more
19fertile than the underlying soil layers, that is the natural medium for plant growth,
20and that can provide the plant growth, soil stability, and other attributes necessary
21to meet the standards specified in an approved reclamation plan.
SB55-ASA1-AA1, s. 3325nj 22Section 3325nj. 295.16 (4) (k) of the statutes is created to read:
SB55-ASA1-AA1,1206,323 295.16 (4) (k) Removal of topsoil, other than soil taken from the bed of a
24navigable water, from an area the size of which does not exceed the size determined

1by dividing the total acreage of the contiguous land under common ownership on
2which the area is located by 40 and multiplying the result by 3, if no other material
3is removed from the area.
SB55-ASA1-AA1, s. 3325nL 4Section 3325nL. 295.18 (4) of the statutes is renumbered 295.18 (4) (a) and
5amended to read:
SB55-ASA1-AA1,1206,196 295.18 (4) (a) If the department issues a written decision under sub. (2) that
7a county is not in compliance with this subchapter and rules promulgated under this
8subchapter, the department shall administer the nonmetallic mining reclamation
9program in that county, including the collection of fees, review and approval of plans,
10inspection of nonmetallic mining sites and enforcement, except that the department
11may not administer the nonmetallic mining reclamation program in a city, village or
12town that enacted an ordinance that complies with s. 295.14 before the department
13made its determination under sub. (2) and is administering that ordinance. For
14annual fees due on or before December 31, 2003, if the department administers the
15nonmetallic program in a county, the department may not charge an annual fee of
16more than $100 for a nonmetallic mining site with one to 5 acres that have not been
17reclaimed, if the nonmetallic mining site is approved for a wildlife enhancement
18project, or an annual fee of more $300 for any other nonmetallic mining site with one
19to 5 acres that have not been reclaimed.
SB55-ASA1-AA1,1207,3 20(b) The county may apply to the department at any time to resume
21administration of the nonmetallic mining reclamation program. The department,
22after a hearing, may approve the county request to administer the nonmetallic
23mining reclamation program if the county demonstrates the capacity to comply with
24this subchapter and rules promulgated under this subchapter. No city, village or
25town may enact an ordinance for and begin to implement a nonmetallic mining

1reclamation program during the time that the department administers the
2nonmetallic mining reclamation program in the county in which the city, village or
3town is located.".
SB55-ASA1-AA1,1207,4 41631. Page 1068, line 2: after that line insert:
SB55-ASA1-AA1,1207,5 5" Section 3326. 299.85 of the statutes is created to read:
SB55-ASA1-AA1,1207,7 6299.85 Environmental improvement program. (1) Definitions. In this
7section:
SB55-ASA1-AA1,1207,128 (a) "Environmental management system" means an organized set of
9procedures implemented by the owner or operator of a facility to evaluate the
10environmental performance of the facility and to achieve measurable or noticeable
11improvements in that environmental performance through planning and changes in
12the facility's operations.
SB55-ASA1-AA1,1207,1413 (am) "Environmental performance" means the effects of a facility on air, water,
14land, natural resources, and human health.
SB55-ASA1-AA1,1207,1815 (b) "Environmental performance evaluation" means a systematic, documented,
16and objective review, conducted by or on behalf of the owner or operator of a facility,
17of the environmental performance of the facility, including an evaluation of
18compliance with one or more environmental requirements.
SB55-ASA1-AA1,1207,1919 (c) "Environmental requirement" means a requirement in any of the following:
SB55-ASA1-AA1,1207,2220 1. Chapters 160 or 280 to 299, a rule promulgated under one of those chapters,
21or a permit, license, other approval, or order issued by the department under one of
22those chapters.
SB55-ASA1-AA1,1208,3
12. An ordinance or other legally binding requirement of a local governmental
2unit enacted under authority granted by a state law relating to environmental
3protection.
SB55-ASA1-AA1,1208,54 (d) "Facility" means all buildings, equipment, and structures located on a
5single parcel or on adjacent parcels that are owned or operated by the same person.
SB55-ASA1-AA1,1208,76 (e) "Local governmental unit" means a city, village, town, county, town sanitary
7district, or metropolitan sewerage district.
SB55-ASA1-AA1,1208,98 (f) "Regulated entity" means a public or private entity that is subject to
9environmental requirements.
SB55-ASA1-AA1,1208,12 10(2) Requirements for participation. A regulated entity qualifies for
11participation in the environmental improvement program with respect to a facility
12owned or operated by the regulated entity if all of the following apply:
SB55-ASA1-AA1,1208,1513 (a) The regulated entity conducts an environmental performance evaluation of
14the facility or submits findings from the facility's environmental management
15system.
SB55-ASA1-AA1,1208,2116 (b) If the regulated entity conducts an environmental performance evaluation,
17the regulated entity notified the department in writing, no fewer than 30 days before
18beginning an environmental performance evaluation, of the date on which the
19environmental performance evaluation would begin, the site or facility or the
20operations or practices at a site or facility to be reviewed, and the general scope of
21the environmental performance evaluation.
SB55-ASA1-AA1,1208,2322 (c) If the regulated entity conducts an environmental performance evaluation,
23the environmental performance evaluation complies with sub. (4).
SB55-ASA1-AA1,1208,2524 (d) If the regulated entity submits findings from the facility's environmental
25management system, the environmental management system complies with sub. (5).
SB55-ASA1-AA1,1209,1
1(e) The regulated entity submits a report as required under sub. (3).
SB55-ASA1-AA1,1209,62 (f) At the time of submitting a report under sub. (3), the department of justice
3has not, within 2 years, filed a suit to enforce an environmental requirement, and the
4department or a local governmental unit has not, within 2 years, issued a citation
5to enforce an environmental requirement, because of a violation of an environmental
6requirement involving the facility.
SB55-ASA1-AA1,1209,13 7(3) Report. To participate in the environmental improvement program with
8respect to a facility, a regulated entity that owns or operates the facility shall submit
9a report to the department within 45 days after the date of the final written report
10of findings of an environmental performance evaluation of the facility or within 45
11days after the date of findings from the facility's environmental management system
12if the findings identify a violation of an environmental requirement. The report shall
13include all of the following:
SB55-ASA1-AA1,1209,1814 (a) 1. If the regulated entity conducted an environmental performance
15evaluation, a description of the environmental performance evaluation, including
16who conducted the environmental performance evaluation, when it was completed,
17what activities and operations were examined, and what was revealed by the
18environmental performance evaluation.
SB55-ASA1-AA1,1209,2219 2. If the regulated entity submits findings from an environmental management
20system, a description of the environmental management system, of the activities and
21operations covered by the environmental management system, and of who made the
22findings and when the findings were made.
SB55-ASA1-AA1,1209,2523 (b) A description of all violations of environmental requirements revealed by
24the environmental performance evaluation or the environmental management
25system and of the length of time that the violations may have continued.
SB55-ASA1-AA1,1210,2
1(c) A description of actions taken or proposed to be taken to correct the
2violations of environmental requirements.
SB55-ASA1-AA1,1210,53 (d) A commitment to correct the violations of environmental requirements
4within 90 days of submitting the report or according to a compliance schedule
5approved by the department.
SB55-ASA1-AA1,1210,126 (e) If the regulated entity proposes to take more than 90 days to correct the
7violations of environmental requirements, a proposed compliance schedule that
8contains the shortest reasonable periods for correcting the violations of
9environmental requirements, a statement that justifies the proposed compliance
10schedule, and a description of measures that the regulated entity will take to
11minimize the effects of the violations of environmental requirements during the
12period of the compliance schedule.
SB55-ASA1-AA1,1210,1513 (em) If the regulated entity proposes to take more than 90 days to correct the
14violations of environmental requirements, the proposed stipulated penalties to be
15imposed if the regulated entity violates the compliance schedule under par. (e).
SB55-ASA1-AA1,1210,1816 (f) A description of the measures that the regulated entity has taken or will take
17to prevent future violations of environmental requirements and a timetable for
18taking the measures that it has not yet taken.
SB55-ASA1-AA1,1210,23 19(3m) Public notice; comment period. (a) The department shall provide at least
2030 days for public comment on a compliance schedule and stipulated penalties
21proposed in a report under sub. (3). The department may not approve or issue a
22compliance schedule under sub. (6) or approve stipulated penalties under sub. (6m)
23until after the end of the comment period.
SB55-ASA1-AA1,1211,3
1(b) Before the start of the public comment period under par. (a), the department
2shall provide public notice of the proposed compliance schedule and stipulated
3penalties that does all of the following:
SB55-ASA1-AA1,1211,54 1. Identifies the regulated entity that submitted the report under sub. (3), the
5facility at which the violation occurred, and the nature of the violation.
SB55-ASA1-AA1,1211,76 2. Describes the proposed compliance schedule and the proposed stipulated
7penalties.
SB55-ASA1-AA1,1211,108 3. Identifies an employee of the department and an employee of the regulated
9entity who may be contacted for additional information about the proposed
10compliance schedule and the proposed stipulated penalties.
SB55-ASA1-AA1,1211,1311 4. States that comments concerning the proposed compliance schedule and the
12proposed stipulated penalties may be submitted to the department during the
13comment period and states the last date of the comment period.
SB55-ASA1-AA1,1211,22 14(4) Environmental performance evaluation. If a regulated entity conducts an
15environmental performance evaluation under sub. (2) (a), the regulated entity does
16not qualify for participation in the environmental improvement program unless the
17final written report of findings of the environmental performance evaluation is
18labeled "environmental performance evaluation report," is dated, and, if the
19environmental performance evaluation identifies violations of environmental
20requirements, includes a plan for corrective action. A regulated entity may use a
21form developed by the regulated entity, by a consultant, or by the department for the
22final written report of findings of the environmental performance evaluation.
SB55-ASA1-AA1,1212,5 23(5) Environmental management system. If a regulated entity submits findings
24from the facility's environmental management system under sub. (2) (a), the
25regulated entity does not qualify for participation in the environmental

1improvement program unless the regulated entity's efforts to prevent, detect, and
2correct violations of environmental requirements are appropriate to the size of the
3regulated entity and to the nature of its business and are consistent with any criteria
4used by the federal environmental protection agency to define due diligence in
5federal audit policies or regulations.
SB55-ASA1-AA1,1212,15 6(6) Compliance schedules. (a) If the department receives a report under sub.
7(3) that contains a proposed compliance schedule under sub. (3) (e), the department
8shall review the proposed compliance schedule. The department may approve the
9compliance schedule as submitted or propose a different compliance schedule. If the
10regulated entity does not agree to implement a compliance schedule proposed by the
11department, the department shall schedule a meeting with the regulated entity to
12attempt to reach an agreement on a compliance schedule. If the department and the
13regulated entity do not reach an agreement on a compliance schedule, the
14department may issue a compliance schedule. A compliance schedule under this
15subsection is subject to review under ch. 227.
SB55-ASA1-AA1,1212,1916 (b) The department may not approve or issue a compliance schedule that
17extends longer than 12 months beyond the date of approval of the compliance
18schedule. The department shall consider the following factors in determining
19whether to approve a compliance schedule:
SB55-ASA1-AA1,1212,2020 1. The environmental and public health consequences of the violations.
SB55-ASA1-AA1,1212,2321 2. The time needed to implement a change in raw materials or method of
22production if that change is an available alternative to other methods of correcting
23the violations.
SB55-ASA1-AA1,1212,2524 3. The time needed to purchase any equipment or supplies that are needed to
25correct the violations.
SB55-ASA1-AA1,1213,8
1(6m) Stipulated penalties. (a) If the department receives proposed stipulated
2penalties under sub. (3) (em), the department shall review the proposed stipulated
3penalties. The department may approve the stipulated penalties as submitted or
4propose different stipulated penalties. If the regulated entity does not agree to
5stipulated penalties proposed by the department, the department shall schedule a
6meeting with the regulated entity to attempt to reach an agreement on stipulated
7penalties. If no agreement is reached, there are no stipulated penalties for violations
8of the compliance schedule.
SB55-ASA1-AA1,1213,119 (b) Stipulated penalties approved under par. (a) shall specify a period, not
10longer than 6 months beyond the end of the compliance schedule, during which the
11stipulated penalties will apply.
SB55-ASA1-AA1,1213,16 12(7) Deferred civil enforcement. (a) 1. For at least 90 days after the
13department receives a report that meets the requirements in sub. (3), this state may
14not begin a civil action to collect forfeitures for violations of environmental
15requirements that are disclosed in the report by a regulated entity that qualifies
16under sub. (2) for participation in the environmental improvement program.
SB55-ASA1-AA1,1213,2117 2. If the regulated entity corrects violations that are disclosed by a regulated
18entity that qualifies under sub. (2) for participation in the environmental
19improvement program in a report that meets the requirements of sub. (3) within 90
20days after the department receives a report that meets the requirements of sub. (3),
21this state may not bring a civil action to collect forfeitures for the violations.
SB55-ASA1-AA1,1214,622 3. This state may not begin a civil action to collect forfeitures for violations
23covered by a compliance schedule that is approved under sub. (6) during the period
24of the compliance schedule if the regulated entity is not violating the compliance
25schedule. If the regulated entity violates the compliance schedule, the department

1may collect any stipulated penalties during the period in which the stipulated
2penalties apply. This state may begin civil action to collect forfeitures for violations
3of environmental requirements that are not corrected by the end of the period in
4which the stipulated penalties apply. If the regulated entity violates the compliance
5schedule and there are no stipulated penalties, this state may begin a civil action to
6collect forfeitures for the violations.
SB55-ASA1-AA1,1214,97 4. If the department approves a compliance schedule under sub. (6) and the
8regulated entity corrects the violations according to the compliance schedule, this
9state may not bring a civil action to collect forfeitures for the violations.
SB55-ASA1-AA1,1214,1210 (b) Notwithstanding par. (a), this state may at any time begin a civil action to
11collect forfeitures for violations of environmental requirements if any of the following
12apply:
SB55-ASA1-AA1,1214,1413 1. The violations present an imminent threat to public health or the
14environment or may cause serious harm to public health or the environment.
SB55-ASA1-AA1,1214,1615 2. The department discovers the violations before submission of a report under
16sub. (3).
SB55-ASA1-AA1,1214,1817 3. The violations resulted in a substantial economic benefit that gives the
18regulated entity a clear advantage over its business competitors.
SB55-ASA1-AA1,1214,2119 4. The violations are identified through monitoring or sampling required by
20permit, statute, rule, regulation, judicial or administrative order, or consent
21agreement.
SB55-ASA1-AA1,1215,6 22(8) Consideration of actions by regulated entity. If the department receives
23a report that complies with sub. (3) from a regulated entity that qualifies under sub.
24(2) for participation in the environmental improvement program, and the report
25discloses a potential criminal violation of an environmental requirement, the

1department and the department of justice shall take into account the diligent actions
2of, and reasonable care taken by, the regulated entity to comply with environmental
3requirements in deciding whether to pursue a criminal enforcement action and what
4penalty should be sought. In determining whether a regulated entity acted with due
5diligence and reasonable care, the department and the department of justice shall
6consider whether the regulated entity has demonstrated any of the following:
SB55-ASA1-AA1,1215,87 (a) That the regulated entity took corrective action that was timely when the
8violation was discovered.
SB55-ASA1-AA1,1215,109 (b) That the regulated entity exercised reasonable care in attempting to
10prevent the violation and to ensure compliance with environmental requirements.
SB55-ASA1-AA1,1215,1411 (c) That the regulated entity had a documented history of good faith efforts to
12comply with environmental requirements before implementing its environmental
13management system or before beginning to conduct environmental performance
14evaluations.
SB55-ASA1-AA1,1215,1815 (d) That the regulated entity has promptly made appropriate efforts to achieve
16compliance with environmental requirements since implementing its
17environmental management system or since beginning to conduct environmental
18performance evaluations and that action was taken with due diligence.
SB55-ASA1-AA1,1215,2019 (e) That the regulated entity exercised reasonable care in identifying violations
20in a timely manner.
SB55-ASA1-AA1,1215,2321 (f) That the regulated entity willingly cooperated in any investigation that was
22conducted by this state or a local governmental unit to determine the extent and
23cause of the violation.
SB55-ASA1-AA1,1216,3
1(9) Access to records. (a) Except as provided in par. (c), the department shall
2make any record, report, or other information obtained in the administration of this
3section available to the public.
SB55-ASA1-AA1,1216,94 (c) The department shall keep confidential any part of a record, report, or other
5information obtained in the administration of this section, other than emission data
6or discharge data, upon a showing satisfactory to the department by any person that
7the part of a record, report, or other information would, if made public, divulge a
8method or process that is entitled to protection as a trade secret, as defined in s.
9134.90 (1) (c), of that person.
SB55-ASA1-AA1,1216,1510 (d) If the department refuses to release information on the grounds that it is
11confidential under par. (c) and a person challenges that refusal, the department shall
12inform the affected regulated entity of that challenge. Unless the regulated entity
13authorizes the department to release the information, the regulated entity shall pay
14the reasonable costs incurred by this state to defend the refusal to release the
15information.
SB55-ASA1-AA1,1216,2116 (e) Paragraph (c) does not prevent the disclosure of any information to a
17representative of the department for the purpose of administering this section or to
18an officer, employee or authorized representative of the federal government for the
19purpose of administering federal law. When the department provides information
20that is confidential under par. (c) to the federal government, the department shall
21also provide a copy of the application for confidential status.
SB55-ASA1-AA1,1216,24 22(10) Penalty. (a) Any person who knowingly makes a false statement in a
23report submitted under sub. (3) shall be fined not less than $10 nor more than
24$10,000 or imprisoned for not more than 6 months or both.
SB55-ASA1-AA1,1217,3
1(b) For purposes of this subsection, an act is committed knowingly if it is done
2voluntarily and is not the result of negligence, mistake, accident, or circumstances
3that are beyond the control of the person.".
SB55-ASA1-AA1,1217,4 41632. Page 1070, line 9: after that line insert:
SB55-ASA1-AA1,1217,5 5" Section 3333j. 301.047 of the statutes is created to read:
SB55-ASA1-AA1,1217,12 6301.047 Inmate rehabilitation and aftercare. (1) Program. The
7department may permit one or more nonprofit community-based organizations
8meeting the requirements of this section to operate an inmate rehabilitation
9program in any department facility if the department determines that operation of
10that program does not constitute a threat to the security of the facility or the safety
11of inmates or the public and that operation of the program is in the best interest of
12the inmates.
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