SB326,19,53 (c) Every notice issued by the department of the department's intention to issue
4a general permit under sub. (1) (a) or (am) shall include a description of the activities
5proposed to be authorized under the general permit.
SB326, s. 52 6Section 52. 30.206 (2m) of the statutes is created to read:
SB326,19,137 30.206 (2m) Public hearing. (a) 1. The department shall provide an
8opportunity for any interested state agency or federal agency or person or group of
9persons to request a public hearing with respect to the department's intention to
10issue a general permit under sub. (1) (a) or (am). Such request for a public hearing
11shall be filed with the department within 30 days after the circulation of the public
12notice under sub. (2b) and shall indicate the interest of the party filing the request
13and the reasons why a hearing is warranted.
SB326,19,1714 2. The department shall hold a public hearing upon a request under subd. 1.
15if the department determines that there is a significant public interest in holding
16such a hearing. Hearings held under this section are not contested cases under s.
17227.01 (3).
SB326,19,1918 (b) Public notice of any hearing held under this subsection shall be circulated
19in accordance with the requirements under sub. (2b).
SB326, s. 53 20Section 53. 30.2065 (3) (a) 1. of the statutes is amended to read:
SB326,19,2221 30.2065 (3) (a) 1. Publication of the notice as a class 1 notice under ch. 985 or
22as a notice on the department's Internet Web site
.
SB326, s. 54 23Section 54. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and
24amended to read:
SB326,20,10
130.208 (2) (a) Review; no additional information required. In issuing
2individual permits or entering contracts under this subchapter, the department shall
3initially determine whether a complete application for the permit or contract has
4been submitted and, no later than
review an application, and within 30 days after
5the application is submitted, the department shall determine that either the
6application is complete or that additional information is needed. If the department
7determines that the application is complete, the department shall
notify the
8applicant in writing about the initial determination of completeness of that fact
9within the 30-day period, and the date on which the notice under this paragraph is
10sent shall be considered the date of closure for purposes of sub. (3) (a)
.
SB326,20,22 11(b) Additional information requested. If the department determines that the
12application is incomplete, the department shall notify the applicant in writing and
13may make only one request for additional information during the 30-day period
14specified in par. (a). Within 10 days after receiving all of the requested information
15from the applicant, the department shall notify the applicant in writing as to
16whether the application is complete. The date on which the 2nd notice under this
17paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The
18department may request additional information from the applicant to supplement
19the application, but the department may not request items of information that are
20outside the scope of the original request unless the applicant and the department
21both agree. A request for any such additional information may not affect the date
22of closure.
SB326,21,12 23(c) Specificity of notice; limits on information. Any notice stating that an
24application has been determined to be incomplete or any other request for
25information that is sent under par. (b)
shall state the reason for the determination

1or request and the specific items of information necessary to make the application
2complete. An applicant may supplement and resubmit an application that the
3department has determined to be incomplete. There is no limit on the number of
4times that an applicant may resubmit an application that the department has
5determined to be incomplete under this section. The department may not demand
6items of information that are not specified in the notice as a condition for determining
7whether the application is complete unless both the department and the applicant
8agree or unless the applicant makes material additions or alterations to the activity
9or project for which the application has been submitted. The rules promulgated
10under s. 299.05 apply only to applications for individual permits or contracts under
11this subchapter that the department has determined to be complete
that are still
12needed
.
SB326, s. 55 13Section 55. 30.208 (2) (d) of the statutes is created to read:
SB326,21,1714 30.208 (2) (d) Failure to meet time limits. If the department fails to meet the
1530-day time limit under par. (a) or 10-day time limit under par. (b), the application
16shall be considered to have a date of closure that is the last day of that 30-day or
1710-day time period for purposes of sub. (3) (a).
SB326, s. 56 18Section 56. 30.208 (3) (a) of the statutes is amended to read:
SB326,22,219 30.208 (3) (a) Upon determination by the department under sub. (2), that an
20application submitted under sub. (1) is complete
Within 15 days after the date of
21closure, as determined under sub. (2) (a) or (b)
, the department shall provide notice
22of complete pending application to interested and potentially interested members of
23the public, as determined by the department. The department shall provide the
24notice within 15 days after the determination that the application is complete.
If the

1applicant has requested a public hearing as part of the submitted application, a
2notice of public hearing shall be part of the notice of complete pending application.
SB326, s. 57 3Section 57. 30.208 (3) (b) of the statutes is amended to read:
SB326,22,84 30.208 (3) (b) If the notice of complete pending application does not contain a
5notice of public hearing, any person may request a public hearing in writing or the
6department may decide to hold a public hearing with or without a request being
7submitted if the department determines that there is a significant public interest in
8holding a hearing.
SB326, s. 58 9Section 58. 30.208 (3) (c) of the statutes is amended to read:
SB326,22,1510 30.208 (3) (c) A request for a public hearing under par. (b) must be submitted
11to the department or the department's decision to hold a public hearing must occur
12within 30 20 days after the department completes providing provides the notice of
13complete pending application. The department shall provide notice of public hearing
14within 15 days after the request for public hearing is submitted or the department
15makes its determination decision to hold a public hearing.
SB326, s. 59 16Section 59. 30.208 (3) (e) of the statutes is amended to read:
SB326,22,2117 30.208 (3) (e) Within 30 20 days after the public hearing is held period for public
18comment under sub. (4) (b) has ended
or if no public hearing is held, within 30 days
19of the 30-day comment period under sub. (4) (a), the department shall render a
20decision, issuing, denying, or modifying the permit or approving or disapproving the
21contract that is the subject of the application submitted under sub. (1).
SB326, s. 60 22Section 60. 30.208 (3) (f) of the statutes is created to read:
SB326,23,323 30.208 (3) (f) If the department fails to comply with the time periods under par.
24(e), a decision issuing the permit, modifying the permit, or approving the contract
25shall be considered to be rendered. The permit that is issued or is modified, or the

1contract that is approved, shall authorize the activity as proposed by the applicant,
2but the department may impose terms and conditions on the permit or contract that
3are consistent with the applicant's basic proposal.
SB326, s. 61 4Section 61. 30.208 (4) (a) of the statutes is amended to read:
SB326,23,125 30.208 (4) (a) The department shall provide a period for public comment after
6the department has provided a notice of complete pending application under sub. (3)
7(a), during which time any person may submit written comments with respect to the
8application for the permit or contract. The department shall retain all of the written
9comments submitted during this period and shall consider all of the comments in the
10formulation of the final decision on the application. The period for public comment
11shall end on the 30th day following the date on which the department completes
12providing the notice of complete pending application, except as provided in par. (b).
SB326, s. 62 13Section 62. 30.208 (4m) of the statutes is created to read:
SB326,23,1914 30.208 (4m) Denials. If a decision is issued by the department under this
15section that denies a permit or a modification of a permit or disapproves a contract,
16the notice of denial or disapproval shall set forth the specific reasons as to how the
17applicable provisions of this subchapter were not met. The notice of denial or
18disapproval may not be based on a determination that the application for the permit
19or contract was incomplete.
SB326, s. 63 20Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:
SB326,23,2421 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for
22providing notices of complete pending applications and notices of public hearings to
23be provided under sub. (3), and notices of administrative hearings to be provided
24under s. 30.209 (1m). The procedures shall require all of the following:
SB326, s. 64 25Section 64. 30.208 (5) (a) 1. of the statutes is amended to read:
SB326,24,2
130.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985
2or as a notice on the department's Internet Web site.
SB326, s. 65 3Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:
SB326,24,74 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and
5content of notices of complete pending applications and notices of public hearings to
6be provided under sub. (3), and notices of administrative hearings to be provided
7under s. 30.209 (1m). Each notice shall include all of the following information:
SB326, s. 66 8Section 66. 30.208 (5) (b) 4. of the statutes is amended to read:
SB326,24,119 30.208 (5) (b) 4. For a notice of complete pending application and a notice of
10public hearing under sub. (3), a statement of the tentative determination to issue,
11modify, or deny a permit for the activity or project described in the application.
SB326, s. 67 12Section 67. 30.208 (5) (b) 5. of the statutes is amended to read:
SB326,24,1613 30.208 (5) (b) 5. For a notice of complete pending application and a notice of
14public hearing under sub. (3), a brief description of the procedures for the
15formulation of final determinations, including a description of the comment period
16required under sub. (4).
SB326, s. 68 17Section 68. 30.209 (2) (a) of the statutes is amended to read:
SB326,24,1918 30.209 (2) (a) An administrative hearing under this subsection section shall be
19treated as a contested case under ch. 227.
SB326, s. 69 20Section 69. 30.209 (2) (b) of the statutes is amended to read:
SB326,25,321 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner
22shall, within 30 days after receipt of the referral under sub. (1m) (g), determine
23whether continuation of the stay is necessary to prevent significant adverse impacts
24or irreversible harm to the environment pending completion of the administrative
25hearing. The hearing examiner shall make the determination based on the request

1under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any
2testimony at a public hearing or any public comments. The determination shall be
3made without a hearing.
SB326, s. 70 4Section 70. 30.209 (2) (c) of the statutes is amended to read:
SB326,25,105 30.209 (2) (c) A An administrative hearing under this section shall be
6completed within 90 days after receipt of the referral of the petition under sub. (1m)
7(g), unless all parties agree to an extension of that period. In addition, a hearing
8examiner may grant a one-time extension for the completion of the hearing of up to
960 days on the motion of any party and a showing of good cause demonstrating
10extraordinary circumstances justifying an extension.
SB326, s. 71 11Section 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:
SB326,25,1412 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall
13provide a notice of the administrative hearing at least 30 days before the date of the
14hearing to all of the following:
SB326, s. 72 15Section 72. 30.209 (2) (e) of the statutes is created to read:
SB326,25,1816 30.209 (2) (e) In an administrative hearing under this section, the petitioner
17shall proceed first with the presentation of evidence and shall have the burden of
18proof.
SB326, s. 73 19Section 73. 30.2095 (1) (b) of the statutes is amended to read:
SB326,25,2420 30.2095 (1) (b) The department may specify a time limit of less than 3 years
21for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause,
22the
The department may shall extend the time limit for a an individual permit or
23contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if
24the grantee requests an extension prior to expiration of the initial time limit.
SB326, s. 74 25Section 74. 31.12 (5) of the statutes is created to read:
SB326,26,4
131.12 (5) The department shall establish an expedited procedure for approval
2of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The
3expedited procedure shall apply, in lieu of the procedure under this section, if all of
4the following are satisfied:
SB326,26,65 (a) The plan design is of a common construction and size or is for a minor
6addition to an existing dam.
SB326,26,77 (b) The plan design is submitted by a registered professional engineer.
SB326,26,98 (c) The plan design is submitted by a person who has designed similar dams
9and none of those similar dams has caused adverse impacts to the environment.
SB326,26,1110 (d) The plan design contains no unusual siting requirements or other unique
11design features.
SB326,26,1412 (e) The plan design is for a dam that is located entirely on land that the permit
13grantee owns or that is located entirely on land for which the permit grantee has
14acquired an easement.
SB326, s. 75 15Section 75. 84.01 (23) of the statutes is amended to read:
SB326,26,2216 84.01 (23) Bridge standards. The department shall adopt standards and
17specifications for the design and construction of county, town, village , and city
18bridges, arches or culverts. The standards and specifications shall be developed after
19consultation with the department of natural resources, and shall be directed at
20preventing undue impairment of public rights in navigable waters. All highway
21bridges, arches, and culverts constructed or reconstructed by a county, town, village,
22or city shall be done in accordance with these standards and specifications.
SB326, s. 76 23Section 76. 227.01 (13) (rt) of the statutes is amended to read:
SB326,26,2424 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.
SB326, s. 77 25Section 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:
SB326,27,2
1281.344 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985
2or as a notice on its Internet Web site.
SB326, s. 78 3Section 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:
SB326,27,54 281.346 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985
5or as a notice on its Internet Web site.
SB326, s. 79 6Section 79. 281.41 (5) of the statutes is created to read:
SB326,27,97 281.41 (5) The department shall establish an expedited procedure for approval
8of plans under this section. The expedited procedure shall apply, in lieu of the
9procedure under sub. (1) (b) if all of the following are satisfied:
SB326,27,1110 (a) The plan design is of a common construction and size or is for a minor
11addition to an existing facility.
SB326,27,1212 (b) The plan design is submitted by a registered professional engineer.
SB326,27,1413 (c) The plan design is submitted by a person who has designed similar facilities
14and none of those similar facilities has caused adverse impacts to the environment.
SB326,27,1615 (d) The plan design contains no unusual siting requirements or other unique
16design features.
SB326, s. 80 17Section 80. 283.39 (1) (a) of the statutes is amended to read:
SB326,27,1918 283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as
19a notice on its Internet Web site
;
SB326, s. 81 20Section 81. 283.53 (1) of the statutes is amended to read:
SB326,27,2421 283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall
22have a an initial term for more than 5 years. Upon the request of a permit holder,
23the department may renew the permit. There is a no limit on the number of times
24that a permit may be renewed.
SB326, s. 82 25Section 82. 285.61 (5) (c) of the statutes is amended to read:
SB326,28,4
1285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice
2under ch. 985, or shall publish notice on its Internet Web site, announcing the
3opportunity for written public comment and the opportunity to request a public
4hearing on the analysis and preliminary determination.
SB326, s. 83 5Section 83. 285.62 (3) (c) of the statutes is amended to read:
SB326,28,96 285.62 (3) (c) The department shall publish the notice prepared under par. (a)
7as a class 1 notice under ch. 985 in a newspaper published in the area that may be
8affected by emissions from the stationary source, or shall publish the notice on its
9Internet Web site
.
SB326, s. 84 10Section 84. 285.63 (11) of the statutes is created to read:
SB326,28,1211 285.63 (11) Modeling. The department is not required to use air dispersion
12modeling as a basis for making its findings under subs. (1) to (3).
SB326, s. 85 13Section 85. 285.76 (2) (a) of the statutes is amended to read:
SB326,28,2114 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed
15redesignation and request for consultation with the state in a newspaper of general
16circulation in the area that would be affected by the redesignation, as determined
17using standards established by the federal environmental protection agency, or
18publish a notice on the department's Internet Web site;
and publish a class 1 notice,
19under ch. 985,
in the official state newspaper; and provide a written statement
20concerning the proposed redesignation to those newspapers each newspaper in
21which it publishes a class 1 notice under this subsection
.
SB326, s. 86 22Section 86. 289.25 (3) of the statutes is amended to read:
SB326,29,1223 289.25 (3) Notification on feasibility report and preliminary environmental
24impact statement decisions.
Immediately after the department issues a preliminary
25determination that an environmental impact statement is not required or, if it is

1required, immediately after the department issues the environmental impact
2statement, the department shall publish a class 1 notice under ch. 985 in the official
3newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper
4likely to give notice in the area of the proposed facility, or shall publish a notice on
5its Internet Web site
. The notice shall include a statement that the feasibility report
6and the environmental impact statement process are complete. The notice shall
7invite the submission of written comments by any person within 30 days after the
8notice for a solid waste disposal facility or within 45 days after the notice for a
9hazardous waste facility is published. The notice shall describe the methods by
10which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The
11department shall distribute copies of the notice to the persons specified under s.
12289.32.
SB326, s. 87 13Section 87. 289.31 (4) (a) of the statutes is amended to read:
SB326,29,1614 289.31 (4) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely
15to give notice in the area where the facility is located or publishing a notice on its
16Internet Web site
.
SB326, s. 88 17Section 88. 289.41 (1m) (g) 1. of the statutes is amended to read:
SB326,30,1618 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any
19time at least 40 years after the closing of the facility, to the department for
20termination of the owner's obligation to maintain proof of financial responsibility for
21long-term care of the facility. Upon receipt of an application under this subdivision,
22the department shall publish a class 1 notice under ch. 985 in the official newspaper
23designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give
24notice in the area of the facility, or shall publish a notice on its Internet Web site. The
25notice shall include a statement that the owner has applied to terminate the owner's

1obligation to maintain proof of financial responsibility for the long-term care of the
2facility. The notice shall invite the submission of written comments by any person
3within 30 days after the notice is published. The notice shall describe the methods
4by which a hearing may be requested under subds. 2. and 3. The department shall
5distribute a copy of the notice to the owner of the facility. In any hearing on the
6matter, the burden is on the owner to prove by a preponderance of the evidence that
7continuation of the requirement to provide proof of financial responsibility for
8long-term care is not necessary for adequate protection of human health or the
9environment. Within 120 days after the publication of the notice or within 60 days
10after any hearing is adjourned, whichever is later, the department shall determine
11whether proof of financial responsibility for long-term care of the facility continues
12to be required. A determination that proof of financial responsibility for long-term
13care is no longer required terminates the owner's obligation to maintain proof of
14financial responsibility for long-term care. The owner may not submit another
15application under this subdivision until at least 5 years after the previous
16application has been rejected by the department.
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