SB368: Bill Text

SB368, s. 43 Section 43. 281.22 (title) of the statutes is renumbered 281.36 (12) (title) and amended to read:

SB368,14,4 281.36 (12) (title) Fees Application fees and time limits for water quality determinations for wetlands.

SB368, s. 44 Section 44. 281.22 (1) of the statutes is repealed.

SB368, s. 45 Section 45. 281.22 (2) (title) of the statutes is renumbered 281.36 (12) (c) (title).

SB368, s. 46 Section 46. 281.22 (2) (a) of the statutes is renumbered 281.36 (12) (c) 1. and amended to read:

SB368,14,15 281.36 (12) (c) 1. The department shall refund the an application fee charged for a wetland individual permit under par. (a) 1. if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.

SB368, s. 47 Section 47. 281.22 (2) (b) of the statutes is renumbered 281.36 (12) (c) 2. and amended to read:

SB368,14,22 281.36 (12) (c) 2. If the applicant applies for a permit after the project submits an application for authorization to proceed under a wetland general or a wetland individual permit after the discharge is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

SB368, s. 48 Section 48. 281.22 (2) (c) of the statutes is repealed.

SB368, s. 49 Section 49. 281.22 (2) (d) of the statutes is renumbered 281.36 (12) (c) 3. and amended to read:

SB368,15,3 281.36 (12) (c) 3. The department, by rule, may increase the fee specified in sub. (1) only if the increase is necessary to meet the costs of the department in performing the activities for which the fee is charged.

SB368, s. 50 Section 50. 281.22 (2m) (title) of the statutes is renumbered 281.36 (12) (d) (title).

SB368, s. 51 Section 51. 281.22 (2m) (a) (intro.) of the statutes is renumbered 281.36 (12) (d) 1. (intro.) and amended to read:

SB368,15,10 281.36 (12) (d) 1. (intro.) The department, by rule, may charge a supplemental fee for a determination under sub. (1) that is in addition to the a fee charged under sub. (1) this subsection if all of the following apply:

SB368, s. 52 Section 52. 281.22 (2m) (a) 1. of the statutes is renumbered 281.36 (12) (d) 1. a. and amended to read:

SB368,15,15 281.36 (12) (d) 1. a. The applicant requests in writing that the determination decision on the application be issued within a time period that is shorter than the time limit promulgated under par. (b) subd. 2. for the determination decision.

SB368, s. 53 Section 53. 281.22 (2m) (a) 2. of the statutes is renumbered 281.36 (12) (d) 1. b.

SB368, s. 54 Section 54. 281.22 (2m) (b) of the statutes is renumbered 281.36 (12) (d) 2. and amended to read:

SB368,15,22 281.36 (12) (d) 2. If the department promulgates a rule under par. (a) subd. 1., the rule shall contain for a time limit for making determinations under sub. (1) decisions on the application.

SB368, s. 55 Section 55. 281.22 (3) of the statutes is renumbered 281.36 (12) (e) and amended to read:

SB368,16,2 281.36 (12) (e) Exemptions from fees. Subsections (1), (2) and (2m) Paragraphs (a), (b), (c), and (d) do not apply to any federal agency or state agency.

SB368, s. 56 Section 56. 281.22 (4) of the statutes is repealed.

SB368, s. 57 Section 57. 281.36 (title) of the statutes is repealed and recreated to read:

SB368,16,5 281.36 (title) Permits for discharges into wetlands; mitigation.

SB368, s. 58 Section 58. 281.36 (1) (am) of the statutes is repealed.

SB368, s. 59 Section 59. 281.36 (1) (bd) of the statutes is created to read:

SB368,16,9 281.36 (1) (bd) "Fill material" has the meaning given in 33 CFR 323.2 (e), as the meaning exists on the effective date of this paragraph .... [LRB inserts date].

SB368, s. 60 Section 60. 281.36 (1) (bg) of the statutes is repealed.

SB368, s. 61 Section 61. 281.36 (1) (bj) of the statutes is created to read:

SB368,16,13 281.36 (1) (bj) "Mitigation" means the restoration, enhancement, or creation of wetlands to compensate for adverse impacts to other wetlands.

SB368, s. 62 Section 62. 281.36 (1) (c) and (cm) of the statutes are repealed.

SB368, s. 63 Section 63. 281.36 (1) (cp) of the statutes is created to read:

SB368,16,19 281.36 (1) (cp) "Practicable" means reasonably available and capable of being implemented after taking into consideration cost, site availability, available technology, logistics, and proximity to the proposed project site, in light of the overall purpose and scope of the project.

SB368, s. 64 Section 64. 281.36 (1) (cr) of the statutes is repealed.

SB368, s. 65 Section 65. 281.36 (1m) of the statutes is repealed.

SB368, s. 66 Section 66. 281.36 (2) (title) of the statutes is repealed.

SB368, s. 67 Section 67. 281.36 (2) (a) of the statutes is renumbered 281.36 (3b) (b) and amended to read:

SB368,17,10 281.36 (3b) (b) No person may discharge dredged material or fill material into a nonfederal wetland unless the discharge is authorized by a water quality certification wetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4). No person may violate any condition imposed by the department in a water quality certification contained in a wetland general or individual permit issued by the department under this section. The department may not issue a water quality certification wetland general or individual permit under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.

SB368, s. 68 Section 68. 281.36 (2) (b) of the statutes is repealed.

SB368, s. 69 Section 69. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended to read:

SB368,18,5 281.36 (2m) Delineation procedures. For purposes of delineating the boundary of a nonfederal wetland, the department and the person who is applying for or who holds a water quality certification under this section shall use under this section, the procedures contained in the wetlands delineation manual published by the U.S. army corps of engineers shall be used. The edition of the manual that shall be used shall be the 1987 edition of the manual and any document that the U.S. army corps of engineers issues interpreting that manual, unless the U.S. army corps of engineers publishes an edition of the manual after January 9, 2001, and the department by rule designates that edition as the one to be used under this subsection. If the U.S. army corps of engineers issues a guidance document interpreting the edition of the wetlands delineation manual that the department is required to use under this subsection and if that guidance document is issued after May 8, 2001, the department shall notify the appropriate standing committee of each house of the legislature, as determined by the speaker of the assembly and the president of the senate, of the issuance of the guidance document and whether the department intends to promulgate a rule incorporating the provisions of the guidance document.

SB368, s. 70 Section 70. 281.36 (3b) (title) of the statutes is created to read:

SB368,18,7 281.36 (3b) (title) Permit required.

SB368, s. 71 Section 71. 281.36 (3b) (a) of the statutes is created to read:

SB368,18,11 281.36 (3b) (a) For purposes of this section, a wetland general or individual permit issued by the department constitutes water quality certification as required by 33 USC 1341 (a).

SB368, s. 72 Section 72. 281.36 (3g) (title) of the statutes is created to read:

SB368,18,13 281.36 (3g) (title) Wetland general permits.

SB368, s. 73 Section 73. 281.36 (3g) (a) of the statutes is created to read:

SB368,18,16 281.36 (3g) (a) Required permits. The department shall issue a wetland general permit for each of the following types of discharges:

SB368,18,19 1. A discharge that is necessary for the treatment or disposal of hazardous waste or toxic pollutants, if the discharge does not contain hazardous waste or toxic pollutants and does not affect more than 2 acres of wetland.

SB368,18,21 2. A discharge that is necessary for temporary access and dewatering, if the discharge does not affect more than 2 acres of wetland.

SB368,18,23 3. A temporary or permanent discharge for routine utility construction and maintenance projects and activities.

SB368,19,2 4. A discharge that is part of a development for industrial purposes, if the discharge does not affect more than 10,000 square feet of wetland. For purposes of this subdivision, the development of a waste disposal site is considered to be a development for industrial purposes.

SB368,19,4 5. A discharge that is part of a development for commercial purposes, if the discharge does not affect more than 10,000 square feet of wetland.

SB368,19,6 6. A discharge that is part of a development for residential purposes, if the discharge does not affect more than 10,000 square feet of wetland.

SB368,19,8 7. A discharge that is part of a development for agricultural purposes, if the discharge does not affect more than 10,000 square feet of wetland.

SB368,19,10 8. A discharge that is part of a development for municipal purposes, if the discharge does not affect more than 10,000 square feet of wetland.

SB368,19,12 9. A discharge that is part of a development for recreational purposes, if the discharge does not affect more than 10,000 square feet of wetland.

SB368,19,16 10. A discharge that is necessary for the construction, reconstruction, or maintenance of a bridge or culvert that is part of a transportation project that is being carried out under the direction and supervision of a city, village, town, or county.

SB368, s. 74 Section 74. 281.36 (3g) (c) of the statutes is created to read:

SB368,19,20 281.36 (4) (3g) (c) Additional permits. The department may issue wetland general permits, in addition to those required under pars. (a) and (b), to regulate other discharges that affect wetlands located in this state.

SB368, s. 75 Section 75. 281.36 (3g) (d) of the statutes is created to read:

SB368,20,2 281.36 (3g) (d) Requirements; conditions; restrictions. In issuing wetland general permits under this subsection, the department shall establish requirements, conditions, and exceptions to ensure that the discharges will cause only minimal adverse environmental effects. As part of a general permit, the department may prohibit discharges into wetlands that are identified by the department as being one of the following:

SB368,20,3 1. Great Lakes ridge and swale complexes.

SB368,20,4 2. Interdunal wetlands.

SB368,20,5 3. Coastal plain marshes.

SB368,20,6 4. Emergent marshes containing wild rice.

SB368,20,7 5. Ephemeral ponds in wooded settings.

SB368,20,8 6. Boreal rich fens.

SB368,20,9 7. Calcareous fens.

SB368, s. 76 Section 76. 281.36 (3g) (e) of the statutes is created to read:

SB368,20,14 281.36 (3g) (e) Period of validity; subsequent actions. A wetland general permit issued under this subsection is valid for a period of 5 years. Upon compliance with the requirements under pars. (f) to (g), the department may renew, modify, or revoke a wetland general permit issued under this subsection.

SB368, s. 77 Section 77. 281.36 (3g) (f) of the statutes is created to read:

SB368,20,19 281.36 (3g) (f) Public notice. The department shall provide to interested members of the public notices of its intention to issue, renew, modify, or revoke a wetland general permit under this subsection. Procedures for providing public notices shall include all of the following:

SB368,20,20 1. Publication of a class 1 notice under ch. 985.

SB368,20,22 2. Providing a copy of the notice to any person or group upon request of the person or group.

SB368,20,23 3. Publication of the notice on the department's Internet Web site.

SB368, s. 78 Section 78. 281.36 (3g) (fg) of the statutes is created to read:

SB368,21,4 281.36 (3g) (fg) Date of notice. For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

SB368, s. 79 Section 79. 281.36 (3g) (fm) of the statutes is created to read:

SB368,21,11 281.36 (3g) (fm) Written comments. The department shall provide a period of not less than 30 days after the date of the public notice during which time interested persons may submit their written comments on the department's intention to issue, renew, modify, or revoke a wetland general permit under this subsection. All written comments submitted during the period for comment shall be retained by the department and considered by the department in acting on the general permit.

SB368, s. 80 Section 80. 281.36 (3g) (fr) of the statutes is created to read:

SB368,21,15 281.36 (3g) (fr) Description in notice. Every public notice provided by the department under par. (f) shall include a description of the discharges to be authorized under the wetland general permit.

SB368, s. 81 Section 81. 281.36 (3g) (g) of the statutes is created to read:

SB368,21,23 281.36 (3g) (g) Public informational hearing. 1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public informational hearing with respect to the department's intention to issue, renew, modify, or revoke a wetland general permit under this subsection. The request for the hearing shall be filed with the department within 30 days after the provision of the public notice under par. (f) and shall indicate the interest of the party filing the request and the reasons why the hearing is warranted.

SB368,22,2 2. The department shall hold a public informational hearing upon a request under subd. 1. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this subsection are not contested cases under s. 227.01 (3).

SB368,22,9 3. Public notice of any hearing held under this subsection shall be circulated in accordance with the requirements under par. (f). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the wetland general permit, and information indicating where additional information about the general permit may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the general permit.

SB368, s. 82 Section 82. 281.36 (3g) (h) of the statutes is created to read:

SB368,23,2 281.36 (3g) (h) Authorizations for discharges under wetland general permits. 1. A person wishing to proceed with a discharge that may be authorized under a wetland general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the discharge authorized by the general permit unless subd. 4. applies. The application shall provide information describing the discharge in order to allow the department to determine whether the discharge is authorized by the wetland general permit and shall give the department consent to enter and inspect the site, subject to sub. (9). The application shall identify all activities affecting wetlands that will be conducted as part of the total project. The application shall include a detailed explanation of why the impact to the wetland cannot be avoided and how the impact to the wetland will be minimized to the greatest extent practicable. The application shall be accompanied by the fee specified in sub. (12) (a) 1. If the application is for authorization to proceed under a wetland general permit that is issued under sub. (3g) (a) 4., 5., or 6., the application shall be accompanied by a surcharge fee, as calculated under sub. (11). The department may make a request for additional information one time during this 30-day period.