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(b) Notwithstanding par. (a), this state may at any time begin a civil action to
23collect a forfeiture for a violation of an environmental requirement if any of the
24following apply:
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11. The violation presents an imminent threat to public health or the
2environment or may cause serious harm to public health or the environment.
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2. The department discovers the violation before submission of a report under
4sub. (3).
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3. The violation resulted in a substantial economic benefit that gives the
6regulated entity a clear advantage over its business competitors.
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4. The violation is identified through monitoring or sampling required by
8permit, statute, rule, regulation, judicial or administrative order, or consent
9agreement.
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5. The violation is a violation of the same environmental requirement at the
11same facility and committed in the same manner as a violation previously reported
12by the regulated entity under sub. (3), unless the violation is caused by a change in
13business processes or activities.
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14(8) Consideration of actions by regulated entity. If the department receives
15a report that complies with sub. (3) from a regulated entity that qualifies under sub.
16(2) for participation in the environmental improvement program, and the report
17discloses a potential criminal violation of an environmental requirement, the
18department and the department of justice shall take into account the diligent actions
19of, and reasonable care taken by, the regulated entity to comply with environmental
20requirements in deciding whether to pursue a criminal enforcement action and what
21penalty should be sought. In determining whether a regulated entity acted with due
22diligence and reasonable care, the department and the department of justice shall
23consider whether the regulated entity has demonstrated any of the following:
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(a) That the regulated entity took corrective action that was timely when the
25violation was discovered.
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1(b) That the regulated entity exercised reasonable care in attempting to
2prevent the violation and to ensure compliance with environmental requirements.
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(c) That the regulated entity had a documented history of good faith efforts to
4comply with environmental requirements before beginning to conduct
5environmental compliance audits.
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(d) That the regulated entity has promptly made appropriate efforts to achieve
7compliance with environmental requirements since beginning to conduct
8environmental compliance audits and that action was taken with due diligence.
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(e) That the regulated entity exercised reasonable care in identifying violations
10in a timely manner.
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(f) That the regulated entity willingly cooperated in any investigation that was
12conducted by this state or a local governmental unit to determine the extent and
13cause of the violation.
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14(9) Access to records. (a) Except as provided in par. (c), the department shall
15make any record, report, or other information obtained in the administration of this
16section available to the public.
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(c) The department shall keep confidential any part of a record, report, or other
18information obtained in the administration of this section, other than emission data
19or discharge data, upon receiving an application for confidential status by any person
20containing a showing satisfactory to the department that the part of a record, report,
21or other information would, if made public, divulge a method or process that is
22entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
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(d) If the department refuses to release information on the grounds that it is
24confidential under par. (c) and a person challenges that refusal, the department shall
25inform the affected regulated entity of that challenge. Unless the regulated entity
1authorizes the department to release the information, the regulated entity shall pay
2the reasonable costs incurred by this state to defend the refusal to release the
3information.
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(e) Paragraph (c) does not prevent the disclosure of any information to a
5representative of the department for the purpose of administering this section or to
6an officer, employee or authorized representative of the federal government for the
7purpose of administering federal law. When the department provides information
8that is confidential under par. (c) to the federal government, the department shall
9also provide a copy of the application for confidential status.
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10(9m) Annual report. The department shall submit an annual report under s.
1113.172 (3) concerning the environmental improvement program to the standing
12committees of the legislature with jurisdiction over environmental matters. The
13department shall submit the first annual report no later than the first day of the 24th
14month beginning after the effective date of this subsection .... [revisor inserts date].
15The department shall include all of the following in the annual report:
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(a) The number of reports received under sub. (3), including the number of
17reports by county of the facility involved and by whether the regulated entity is
18governmental or nongovernmental.
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(b) The number of violations reported by type, including the number of
20violations related to air, water, solid waste, hazardous waste, and to other specified
21aspects of environmental regulation and the number of violations involving each of
22the following:
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1. Failure to have a required permit or other approval.
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2. Failure to have a required plan.
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3. Violation of a condition of a permit or other approval.
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14. Release of a substance to the environment.
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5. Failure to report.
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(c) The average time to correct the reported violations and the number of
4violations not yet corrected, by category under par. (b).
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(d) The number of regulated entities requiring longer than 90 days to take
6corrective action and a description of the stipulated penalties associated with the
7compliance schedules for those corrective actions.
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(e) Any recommendations for changes in the program based on discussions with
9interested persons, including legislators and members of the public.
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10(10) Penalty. Any person who intentionally makes a false statement in a report
11submitted under sub. (3) shall be fined not less than $10 nor more than $10,000 or
12imprisoned for not more than 6 months or both.
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13(11) Sunset. Subsections (7) and (8) do not apply to a regulated entity that
14submits a report under sub. (3) after July 1, 2007.
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(1)
Initial terms of council. Notwithstanding the length of terms specified for
17the environmental results council under section 15.347 (3) of the statutes, as created
18by this act, 3 of the initial members shall be appointed for terms that expire on July
191, 2003, 3 of the initial members shall be appointed for terms that expire on July 1,
202004, 3 of the initial members shall be appointed for terms that expire on July 1,
212005, 3 of the initial members shall be appointed for terms that expire on July 1,
222006, and 3 of the initial members shall be appointed for terms that expire on July
231, 2007.