AB180, s. 26 19Section 26. 299.83 (6m) (b) 2. (intro.) of the statutes is amended to read:
AB180,11,2420 299.83 (6m) (b) 2. (intro.) The department may not approve a compliance
21schedule that extends longer than 12 months beyond the date of approval of the
22compliance schedule, unless the secretary determines that a longer schedule is
23necessary
. The department shall consider the following factors in determining
24whether to approve a compliance schedule:
AB180, s. 27 25Section 27. 299.83 (6m) (c) of the statutes is amended to read:
AB180,12,8
1299.83 (6m) (c) Stipulated penalties. If the department receives a report under
2par. (a) or (am) that contains proposed stipulated penalties under par. (a) 4. or (am)
34.
, the department shall review the proposed stipulated penalties. The department
4may approve the stipulated penalties as submitted or propose different stipulated
5penalties. If the participant does not agree to stipulated penalties proposed by the
6department, the department shall schedule a meeting with the participant to
7attempt to reach an agreement on stipulated penalties. If no agreement is reached,
8there are no stipulated penalties for failure to comply with the compliance schedule.
AB180, s. 28 9Section 28. 299.83 (6m) (d) 1. a. of the statutes is amended to read:
AB180,12,1310 299.83 (6m) (d) 1. a. If a participant in the program corrects violations that are
11disclosed in a report that meets the requirements of par. (a) or (am) within 90 days
12after the department receives the report, this state may not bring a civil action to
13collect forfeitures for the violations.
AB180, s. 29 14Section 29. 299.83 (6m) (d) 2. b. of the statutes is amended to read:
AB180,12,1615 299.83 (6m) (d) 2. b. The department discovers the violation before submission
16of a report that meets the requirement of par. (a) or (am).
AB180, s. 30 17Section 30. 299.83 (7e) (a) of the statutes is amended to read:
AB180,12,2518 299.83 (7e) (a) The department may issue an environmental results charter to
19an association of entities to assist the entities to participate in tier I or tier II of the
20program and to achieve or to take actions that may lead to superior environmental
21performance. An association to which a charter is issued may consist of private
22entities, public entities, or a combination of private and public entities. An
23association to which a charter is issued may be organized on any basis that helps to
24achieve
the entities to participate in tier I or tier II of the program or to take actions
25that may lead to
superior environmental performance.
AB180, s. 31
1Section 31. 299.83 (7m) of the statutes is amended to read:
AB180,13,102 299.83 (7m) Environmental auditors. The department may not approve an
3outside environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the
4outside environmental auditor is certified by the Registrar Accreditation Board
5accredited by an accreditation body that complies with standards of the
6International Organization for Standardization for accreditation bodies
or meets
7criteria concerning education, training, experience, and performance that the
8department determines
are equal equivalent to the criteria in the standards and
9guidance of the
International Organization for Standardization guidance 19011 for
10entities providing audit and certification of environmental management systems
.
AB180, s. 32 11Section 32. 299.83 (8) (h) of the statutes is amended to read:
AB180,13,1612 299.83 (8) (h) The Every even-numbered year, no later than December 15, the
13department shall submit a progress report on the program to the legislature, in the
14manner provided in s. 13.172 (2), no later than May 1, 2007, and every 2 years after
15it submits the first report
governor and, under s. 13.172 (2), to the standing
16committees of the legislature with jurisdiction over environmental matters
.
AB180, s. 33 17Section 33. 299.83 (11) of the statutes is repealed.
AB180, s. 34 18Section 34. 299.85 (title) of the statutes is amended to read:
AB180,13,20 19299.85 (title) Environmental Improvement Compliance Audit
20Program.
AB180, s. 35 21Section 35. 299.85 (2) (intro.) of the statutes is amended to read:
AB180,13,2522 299.85 (2) Requirements for participation. (intro.) A Subject to sub. (2m),
23a
regulated entity qualifies for participation in the Environmental Improvement
24Compliance Audit Program with respect to a facility owned or operated by the
25regulated entity if all of the following apply:
AB180, s. 36
1Section 36. 299.85 (2) (f) of the statutes is renumbered 299.85 (2m) and
2amended to read:
AB180,14,123 299.85 (2m) Consideration of certain violations. At the time of submitting
4a report under sub. (3),
Upon the receipt of a notice under sub. (2) (b), the department
5shall consider whether
the department of justice has not, within 2 years, filed a suit
6to enforce an environmental requirement, and the department or a local
7governmental unit has not, within 2 years, issued a citation to enforce an
8environmental requirement,
because of a violation involving the facility. If the
9department determines that, because of the nature of the violation involved in the
10suit, participation by the regulated entity may damage the integrity of the
11Environmental Compliance Audit Program, the department shall notify the
12regulated entity that it is not eligible for participation.
AB180, s. 37 13Section 37. 299.85 (3) (intro.) of the statutes is amended to read:
AB180,14,2114 299.85 (3) Audit report. (intro.) To participate in the Environmental
15Improvement Compliance Audit Program with respect to a facility, the regulated
16entity that owns or operates the facility shall submit a report to the department
17within 45 days after the date of the final written report of findings of the
18environmental compliance audit of the facility. The regulated entity shall complete
19the environmental compliance audit, including the final written report of findings,
20within 365 days after providing the notice under sub. (2) (b). The report submitted
21to the department shall include all of the following:
AB180, s. 38 22Section 38. 299.85 (4) of the statutes is amended to read:
AB180,15,523 299.85 (4) Environmental compliance audit. A regulated entity does not
24qualify for participation in the Environmental Improvement Compliance Audit
25Program unless the final written report of findings of the environmental compliance

1audit is labeled "environmental compliance audit report," is dated, and, if the
2environmental compliance audit identifies violations, includes a plan for corrective
3action. A regulated entity may use a form developed by the regulated entity, by a
4consultant, or by the department for the final written report of findings of the
5environmental compliance audit.
AB180, s. 39 6Section 39. 299.85 (6) (b) (intro.) of the statutes is amended to read:
AB180,15,117 299.85 (6) (b) (intro.) The department may not approve or issue a compliance
8schedule that extends longer than 12 months beyond the date of approval of the
9compliance schedule, unless the secretary of natural resources determines that a
10longer schedule is necessary
. The department shall consider the following factors in
11determining whether to approve a compliance schedule:
AB180, s. 40 12Section 40. 299.85 (7) (a) 1. and 2. of the statutes are amended to read:
AB180,15,1713 299.85 (7) (a) 1. For at least 90 days after the department receives a report that
14meets the requirements in sub. (3), this state may not begin a civil action to collect
15forfeitures for violations that are disclosed in the report by a regulated entity that
16qualifies under sub. (2) for participation in the Environmental Improvement
17Compliance Audit Program.
AB180,16,518 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
19(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
20(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
21(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
22(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
23291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
241., 295.37 (2), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97
25(1), if a regulated entity that qualifies under sub. (2) for participation in the

1Environmental Improvement Compliance Audit Program corrects violations that it
2discloses in a report that meets the requirements of sub. (3) within 90 days after the
3department receives the report that meets the requirements of sub. (3), the regulated
4entity may not be required to forfeit more than $500 for each violation, regardless
5of the number of days during which the violation continues.
AB180, s. 41 6Section 41. 299.85 (8) (intro.) of the statutes is amended to read:
AB180,16,177 299.85 (8) Consideration of actions by regulated entity. (intro.) If the
8department receives a report that complies with sub. (3) from a regulated entity that
9qualifies under sub. (2) for participation in the Environmental Improvement
10Compliance Audit Program, and the report discloses a potential criminal violation,
11the department and the department of justice shall take into account the diligent
12actions of, and reasonable care taken by, the regulated entity to comply with
13environmental requirements in deciding whether to pursue a criminal enforcement
14action and what penalty should be sought. In determining whether a regulated
15entity acted with due diligence and reasonable care, the department and the
16department of justice shall consider whether the regulated entity has demonstrated
17any of the following:
AB180, s. 42 18Section 42. 299.85 (9m) (intro.) of the statutes is amended to read:
AB180,16,2519 299.85 (9m) Annual report. (intro.) The Every even-numbered year, no later
20than December 15, the
department shall submit an annual a progress report on the
21program under this section to the governor and,
under s. 13.172 (3) concerning the
22Environmental Improvement Program
, to the standing committees of the legislature
23with jurisdiction over environmental matters. The department shall submit the first
24annual report no later than May 1, 2006.
The department shall include all of the
25following in the annual report:
AB180, s. 43
1Section 43. 299.85 (11) of the statutes is repealed.
AB180,17,22 (End)
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