AB40-ASA1, s. 2934
20Section
2934. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and
21amended to read:
AB40-ASA1,1194,2522
283.15
(2) (b) The department shall specify by rule the information to be
23included in
the an application
. The permittee shall submit an application for a
24variance within 60 days after the department issues, reissues or modifies the permit 25under this subsection.
AB40-ASA1,1195,84
283.15
(2) (c) The department may request additional information from the
5permittee within 30 days after receiving
either the
an application under par.
(b) 1.
6or the information under par. (b) 2. (am) 1. The permittee shall provide the additional
7information within 30 days after receipt of the department's request. An application
8is not complete until the additional information is provided to the department.
AB40-ASA1, s. 2939
10Section
2939. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and
11amended to read:
AB40-ASA1,1195,2012
283.15
(3) (b) The secretary shall issue a tentative decision on
the an
13application for a variance
under sub. (2) (am) 1. within 120 days after receipt of a
14completed application. The department shall circulate the tentative decision
to the
15permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant
16a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to
17e., the department shall include in the notice under this
subsection paragraph a
18statement on the effect of the variance, if granted, on the designated use of the water
19body during the term of the underlying permit. The department shall provide a
2030-day period for written comments on the tentative decision.
AB40-ASA1,1195,2422
283.15
(3) (a) The secretary shall issue a tentative decision on an application
23for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the
24permit.
AB40-ASA1, s. 2941
25Section
2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:
AB40-ASA1,1196,5
1283.15
(4) (a) 1. (intro.)
Within 90 days after expiration of the comment period
2under sub. (3), the The secretary shall approve all or part of a requested variance,
3or modify and approve a requested variance if the permittee demonstrates, by the
4greater weight of the credible evidence, that attaining the water quality standard is
5not feasible because:
AB40-ASA1,1196,97
283.15
(4) (a) 2.
Within 90 days after the expiration of the comment period
8under sub. (3), the The secretary shall deny a requested variance if the permittee
9fails to make the demonstration required under subd. 1.
AB40-ASA1,1196,2314
283.15
(5) (b) A variance applies for the term established by the secretary, but
15not to exceed
3 5 years. The term of the initial variance and any renewals thereof
16may not exceed the time that the secretary determines is necessary to achieve the
17water quality based effluent limitation. Initial and interim effluent limitations
18established under par. (c) 1. apply, as appropriate, for the term of the underlying
19permit as
issued, reissued or modified to implement the decision under sub. (4)
(b) 20(a) 1. or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s.
21227.51 (2) shall apply for the purposes of continuing the provisions of a permit
22pending the
issuance or reissuance of a permit.
Upon the issuance or reissuance of
23the new permit, sub. (2) (a) 2. and s. 283.63 (1) (am) apply.
AB40-ASA1, s. 2947
24Section
2947. 283.15 (5) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,1197,3
1283.15
(5) (c) (intro.) The
department shall require all of the following in a 2permit
reissued or modified
pursuant to sub. (4) (c) to implement a variance
shall
3require:
AB40-ASA1,1197,135
283.15
(5) (c) 1. Compliance with an initial effluent limitation
which that at the
6time the variance is approved represents the level currently achievable by the
7permittee
and that is no less stringent than the effluent limitation achieved under
8the permit before reissuance. At the time a variance is approved a compliance
9schedule and an interim effluent limitation that is achievable by the permittee
10during the term of the variance may be specified. The initial and the interim effluent
11limitations may not be less stringent than a categorical effluent limitation that
12applies to the permittee under s. 283.13 (2) or (4) or 283.19 or a toxic effluent
13standard that applies to the permittee under s. 283.21.
AB40-ASA1, s. 2949
14Section
2949. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read:
AB40-ASA1,1197,2115
283.15
(5) (c) 2. (intro.) Investigation of treatment technologies, process
16changes,
pollution prevention, wastewater reuse or other techniques that may result
17in compliance by the permittee with the water quality standard adopted under s.
18281.15, and submission of reports on the investigations at such times as required by
19the department. The secretary shall modify or waive the requirements specified in
20this subdivision if the secretary determines, based upon comments received on the
21tentative decision under sub. (3), that the requirements of this subdivision are:
AB40-ASA1,1198,223
283.15
(6) Renewal. A variance may be renewed using the procedures in and
24subject to subs. (2) to (5). A variance may not be renewed if the permittee did not
1submit the reports required under sub. (5) (c) 2. or substantially comply with all other
2conditions of the variance.
AB40-ASA1,1198,94
283.39
(3) (dm) If the applicant applied, under s. 283.15 (2) (a), for a variance,
5as defined in s. 283.15 (1), a tentative decision to approve or deny the variance,
6including, if the tentative decision is to grant the variance based upon one or more
7of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of
8the variance, if granted, on the designated use of the water body during the term of
9the permit;
AB40-ASA1,1198,15
11283.60 Waiver for certain nutrient management research projects. (1) 12The department may waive the requirement for a permit under this chapter for a
13research project for the purpose of evaluating advanced agricultural nutrient
14management tools and precision agricultural technology, if all of the following
15conditions are met:
AB40-ASA1,1198,1716
(a) The department determines that the project is unlikely to have a negative
17impact on, or to threaten, the environment or public health.
AB40-ASA1,1198,1818
(b) The department reviews and approves the project before the project begins.
AB40-ASA1,1198,2319
(c) The person who will operate the project agrees to take necessary actions to
20maintain compliance with surface water and groundwater requirements under ch.
21281 and this chapter, other than the permitting requirement, and to take necessary
22actions to regain compliance with those requirements if a violation occurs in the
23course of the project.
AB40-ASA1,1199,4
24(2) A person seeking a waiver under sub. (1) shall apply to the department in
25writing. The department shall approve or deny an application in writing no more
1than 45 days after receiving a complete application. The department may approve
2an application with conditions, including requirements for reporting project
3activities to the department and limitations on the duration of the project or the
4waiver for the project.
AB40-ASA1,1199,6
5(3) A project for which the department grants a waiver under sub. (1) is an
6agricultural practice for the purposes of s. 823.08.
AB40-ASA1,1199,188
285.39
(4) Report on new replenishment mechanisms. After expiration of the
9replenishment implementation period, if the department reports under sub. (2) (b)
101. or determines at any other time that the growth accommodation is less than 3,500
11tons, the department shall, with the advice of the department of
commerce safety and
12professional services, submit a report to the chief clerk of each house of the
13legislature for distribution to the appropriate standing committees of the legislature
14under s. 13.172 (3) on how to most effectively and equitably replenish the growth
15accommodation. The report shall review existing studies and data to evaluate the
16accuracy of this state's state implementation plan with respect to the effect of
17emissions from inside and outside the volatile organic compound accommodation
18area on the ambient air quality within the area.
AB40-ASA1, s. 2955
19Section
2955. 285.79 (3) (intro.) of the statutes is amended to read:
AB40-ASA1,1199,2320
285.79
(3) Assistance program. (intro.) The department shall
, in cooperation
21with the small business ombudsman clearinghouse under s. 560.03 (9), develop and
22administer a small business stationary source technical and environmental
23compliance assistance program. The program shall include all of the following:
AB40-ASA1,1200,2
1287.01
(8) "Region" means the area within the boundaries of a responsible unit
2or an out-of-state unit.
AB40-ASA1, s. 2961
4Section
2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and
5amended to read:
AB40-ASA1,1200,96
287.07
(3) General disposal restrictions Waste tires. Beginning on January
71, 1995, no person may dispose of
a waste tire, as defined in s. 289.55 (1) (c), in a solid
8waste disposal facility or burn
a waste tire without energy recovery in a solid waste
9treatment facility in this state
any of the following:
.
AB40-ASA1,1200,1512
287.07
(4) General incineration disposal restrictions. (intro.) Beginning on
13January 1, 1995, no person may
dispose of in a solid waste disposal facility, convert
14into fuel
, or burn
with energy recovery at a solid waste treatment facility in this state
15any of the following:
AB40-ASA1,1200,2117
287.07
(4e) General restrictions on placing in container. (a) Beginning on
18the effective date of this paragraph .... [LRB inserts date], no person may place in a
19container the contents of which will be disposed of in a solid waste treatment facility,
20converted into fuel, or burned at a solid waste treatment facility any of the items
21identified in sub. (4) (a) to (k).
AB40-ASA1,1200,2522
(b) Beginning on the effective date of this paragraph .... [LRB inserts date], no
23person may place a waste tire in a container the contents of which will be disposed
24of in a solid waste disposal facility or burned without energy recovery in a solid waste
25treatment facility.
AB40-ASA1,1201,82
287.07
(7) (b) 2. A prohibition in sub. (3)
(b), (c), (e), (f), (g), (h) or (j) or (4) (b),
3(c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an
4operating solid waste treatment facility a type of material identified in one of those
5paragraphs that was converted into fuel or burned at the operating solid waste
6treatment facility during April, 1990, and either is generated in the operating solid
7waste treatment facility's current service area or is generated by the owner of the
8operating solid waste treatment facility.
AB40-ASA1, s. 2966
9Section
2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:
AB40-ASA1,1201,1210
287.07
(7) (c) 1. cg. "Medical waste" means containers, packages and materials
11identified under sub.
(3) or (4) that contain infectious waste or that are from a
12treatment area and are mixed with infectious waste.
AB40-ASA1, s. 2967
13Section
2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:
AB40-ASA1,1201,1514
287.07
(7) (c) 2. (intro.) The prohibitions in subs.
(3) and (4)
and (4e) do not
15apply with respect to any of the following:
AB40-ASA1, s. 2968
16Section
2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:
AB40-ASA1,1201,2317
287.07
(7) (c) 2. b. The disposal of, in a solid waste disposal facility,
or the
18placing of, in a container the contents of which will be disposed of in a solid waste
19facility, a container, package or material identified under sub.
(3) or (4) that
20contained infectious waste or that is from a treatment area and is mixed with
21infectious waste generated in the treatment area, if the container, package or
22material has been treated, pursuant to standards established under ch. 289, to
23render the infectious waste noninfectious.
AB40-ASA1,1202,3
1287.07
(7) (d) The department may grant, to a responsible unit
or out-of-state
2unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material
3identified in sub. (3) or (4) in the event of an unexpected emergency condition.
AB40-ASA1,1202,85
287.07
(7) (f) The prohibitions in subs. (2)
and (3) to (4) do not apply to the
6beneficial reuse of a material within a solid waste disposal facility if the beneficial
7reuse of the material is approved in the solid waste disposal facility's plan of
8operation under s. 289.30.
AB40-ASA1, s. 2972
9Section
2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:
AB40-ASA1,1202,1310
287.07
(7) (h) 1. (intro.) The department may grant a waiver or conditional
11waiver to a restriction under sub.
(3) (c) or (h) or (4) (c) or (i) for plastics other than
12polyethylene terephthalate or high-density polyethylene if the department
13determines all of the following:
AB40-ASA1,1202,2015
287.11
(1) Department review. Upon request of a responsible unit
or an
16out-of-state unit, the department shall review documentation of the responsible
17unit's solid waste management program created under s. 287.09 (2) (a)
or the
18out-of-state unit's solid waste management program and determine whether the
19program is an effective recycling program. The department shall complete its review
20and make a determination within 90 days after receiving the documentation.
AB40-ASA1, s. 2977f
22Section 2977f. 287.11 (2m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1203,323
287.11
(2m) (b) (intro.) The department shall, at the request of a responsible
24unit
or out-of-state unit that has been determined to have an effective recycling
25program under this section, grant a variance to the applicable requirements in sub.
1(2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that
2is generated in the responsible unit's
or out-of-state unit's region if the department
3determines that the cost of selling processed material exceeds any of the following:
AB40-ASA1,1203,115
287.11
(2m) (c) The department may on its own initiative grant, to one or more
6responsible units
or out-of-state units that have been determined to have effective
7recycling programs under this section, a variance to the applicable requirements in
8sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4)
9that is generated in the responsible units'
or out-of-state units' regions if the
10department determines that the cost of selling processed material exceeds the
11amount under par. (b) 1. or 2.
AB40-ASA1,1203,1513
287.11
(2p) (c) The department may grant a responsible unit
or an out-of-state
14unit an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year
15for a material that is subject to an exception under s. 287.07 (7) (d).
AB40-ASA1,1203,1817
287.11
(3) List. The department shall prepare and periodically update a list
18of responsible units
and out-of-state units that have an effective recycling program.
AB40-ASA1,1203,2421
287.17
(1) (np) "School" means a public school, as defined in s. 115.01 (1),
a
22private school participating in the program under s. 118.60, a private school
23participating in the program under s. 118.62, or a private school participating in the
24program under s. 119.23.
AB40-ASA1, s. 2980n
7Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:
