SE1 SB24: Bill Text

SB24, s. 60 Section 60. 30.208 (3) (f) of the statutes is created to read:

SB24,23,3 30.208 (3) (f) If the department fails to comply with the time periods under par. (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

SB24, s. 61 Section 61. 30.208 (4) (a) of the statutes is amended to read:

SB24,23,12 30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

SB24, s. 62 Section 62. 30.208 (4m) of the statutes is created to read:

SB24,23,19 30.208 (4m) Denials. If a decision is issued by the department under this section that denies a permit or a modification of a permit or disapproves a contract, the notice of denial or disapproval shall set forth the specific reasons as to how the applicable provisions of this subchapter were not met. The notice of denial or disapproval may not be based on a determination that the application for the permit or contract was incomplete.

SB24, s. 63 Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:

SB24,23,24 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

SB24, s. 64 Section 64. 30.208 (5) (a) 1. of the statutes is amended to read:

SB24,24,2 30.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985 or as a notice on the department's Internet Web site.

SB24, s. 65 Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:

SB24,24,7 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

SB24, s. 66 Section 66. 30.208 (5) (b) 4. of the statutes is amended to read:

SB24,24,11 30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

SB24, s. 67 Section 67. 30.208 (5) (b) 5. of the statutes is amended to read:

SB24,24,16 30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

SB24, s. 68 Section 68. 30.209 (2) (a) of the statutes is amended to read:

SB24,24,19 30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

SB24, s. 69 Section 69. 30.209 (2) (b) of the statutes is amended to read:

SB24,25,3 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

SB24, s. 70 Section 70. 30.209 (2) (c) of the statutes is amended to read:

SB24,25,10 30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

SB24, s. 71 Section 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:

SB24,25,14 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

SB24, s. 72 Section 72. 30.209 (2) (e) of the statutes is created to read:

SB24,25,18 30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

SB24, s. 73 Section 73. 30.2095 (1) (b) of the statutes is amended to read:

SB24,25,24 30.2095 (1) (b) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, the The department may shall extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.

SB24, s. 74 Section 74. 31.12 (5) of the statutes is created to read:

SB24,26,4 31.12 (5) The department shall establish an expedited procedure for approval of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The expedited procedure shall apply, in lieu of the procedure under this section, if all of the following are satisfied:

SB24,26,6 (a) The plan design is of a common construction and size or is for a minor addition to an existing dam.

SB24,26,7 (b) The plan design is submitted by a registered professional engineer.

SB24,26,9 (c) The plan design is submitted by a person who has designed similar dams and none of those similar dams has caused adverse impacts to the environment.

SB24,26,11 (d) The plan design contains no unusual siting requirements or other unique design features.

SB24,26,14 (e) The plan design is for a dam that is located entirely on land that the permit grantee owns or that is located entirely on land for which the permit grantee has acquired an easement.

SB24, s. 75 Section 75. 84.01 (23) of the statutes is amended to read:

SB24,26,22 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village , and city bridges, arches or culverts. The standards and specifications shall be developed after consultation with the department of natural resources, and shall be directed at preventing undue impairment of public rights in navigable waters. All highway bridges, arches, and culverts constructed or reconstructed by a county, town, village, or city shall be done in accordance with these standards and specifications.

SB24, s. 76 Section 76. 227.01 (13) (rt) of the statutes is amended to read:

SB24,26,24 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

SB24, s. 77 Section 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:

SB24,27,2 281.344 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site.

SB24, s. 78 Section 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:

SB24,27,5 281.346 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site.

SB24, s. 79 Section 79. 281.41 (5) of the statutes is created to read:

SB24,27,9 281.41 (5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under sub. (1) (b) if all of the following are satisfied:

SB24,27,11 (a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

SB24,27,12 (b) The plan design is submitted by a registered professional engineer.

SB24,27,14 (c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.

SB24,27,16 (d) The plan design contains no unusual siting requirements or other unique design features.

SB24, s. 80 Section 80. 283.39 (1) (a) of the statutes is amended to read:

SB24,27,19 283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as a notice on its Internet Web site;

SB24, s. 81 Section 81. 283.53 (1) of the statutes is amended to read:

SB24,27,24 283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall have a an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit. There is a no limit on the number of times that a permit may be renewed.

SB24, s. 82 Section 82. 285.61 (5) (c) of the statutes is amended to read:

SB24,28,4 285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice under ch. 985, or shall publish notice on its Internet Web site, announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination.

SB24, s. 83 Section 83. 285.62 (3) (c) of the statutes is amended to read:

SB24,28,9 285.62 (3) (c) The department shall publish the notice prepared under par. (a) as a class 1 notice under ch. 985 in a newspaper published in the area that may be affected by emissions from the stationary source, or shall publish the notice on its Internet Web site.

SB24, s. 84 Section 84. 285.63 (11) of the statutes is created to read:

SB24,28,12 285.63 (11) Modeling. The department is not required to use air dispersion modeling as a basis for making its findings under subs. (1) to (3).

SB24, s. 85 Section 85. 285.76 (2) (a) of the statutes is amended to read:

SB24,28,21 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, or publish a notice on the department's Internet Web site; and publish a class 1 notice, under ch. 985, in the official state newspaper; and provide a written statement concerning the proposed redesignation to those newspapers each newspaper in which it publishes a class 1 notice under this subsection.

SB24, s. 86 Section 86. 289.25 (3) of the statutes is amended to read:

SB24,29,12 289.25 (3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility, or shall publish a notice on its Internet Web site. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32.

SB24, s. 87 Section 87. 289.31 (4) (a) of the statutes is amended to read:

SB24,29,16 289.31 (4) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely to give notice in the area where the facility is located or publishing a notice on its Internet Web site.

SB24, s. 88 Section 88. 289.41 (1m) (g) 1. of the statutes is amended to read:

SB24,30,16 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner's obligation to maintain proof of financial responsibility for long-term care of the facility. Upon receipt of an application under this subdivision, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the facility, or shall publish a notice on its Internet Web site. The notice shall include a statement that the owner has applied to terminate the owner's obligation to maintain proof of financial responsibility for the long-term care of the facility. The notice shall invite the submission of written comments by any person within 30 days after the notice is published. The notice shall describe the methods by which a hearing may be requested under subds. 2. and 3. The department shall distribute a copy of the notice to the owner of the facility. In any hearing on the matter, the burden is on the owner to prove by a preponderance of the evidence that continuation of the requirement to provide proof of financial responsibility for long-term care is not necessary for adequate protection of human health or the environment. Within 120 days after the publication of the notice or within 60 days after any hearing is adjourned, whichever is later, the department shall determine whether proof of financial responsibility for long-term care of the facility continues to be required. A determination that proof of financial responsibility for long-term care is no longer required terminates the owner's obligation to maintain proof of financial responsibility for long-term care. The owner may not submit another application under this subdivision until at least 5 years after the previous application has been rejected by the department.

SB24, s. 89 Section 89. 291.87 (3) of the statutes is amended to read:

SB24,31,2 291.87 (3) If the licensee requests a hearing within 45 days after receiving the notice under sub. (2), the department shall schedule a hearing and give notice of the hearing by publishing a class 1 notice, under ch. 985, or by publishing a notice on its Internet Web site, at least 45 days prior to the date scheduled for the hearing. If the licensee requests a contested case hearing and if the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a contested case; otherwise, the department shall conduct the hearing as an informational hearing. There is no statutory right to any hearing concerning the denial, suspension or revocation of a license for the reasons stated under sub. (1m) (b) to (f) except as provided under this subsection.

SB24, s. 90 Section 90. 291.87 (6) (a) of the statutes is amended to read:

SB24,31,6 291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely to give notice in the area where the facility is located or publishing a notice on its Internet Web site.

SB24, s. 91 Section 91. 292.31 (3) (f) of the statutes is amended to read:

SB24,31,20 292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice, under ch. 985 or shall publish a notice on its Internet Web site, prior to taking remedial action under this subsection and subs. (1) and (7), which describes the proposed remedial action and the amount and purpose of any proposed expenditure. Except as provided under par. (d), the department shall provide a hearing to any person who demands a hearing within 30 days after the notice is published for the purpose of determining whether the proposed remedial action and any expenditure is within the scope of this section and is reasonable in relation to the cost of obtaining similar materials and services. The department is not required to conduct more than one hearing for the remedial action proposed at a single site or facility. Notwithstanding s. 227.42, the hearing shall not be conducted as a contested case. The decision of the department to take remedial action under this section is a final decision of the agency subject to judicial review under ch. 227.

SB24, s. 92 Section 92. 299.05 of the statutes is repealed and recreated to read:

SB24,31,24 299.05 Deadlines for action on certain applications. (1) Definition. In this section, "approval" means a license, registration, or certification specified in sub. (2).

SB24,32,3 (2) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB24,32,4 1. A well driller or pump installer registration under s. 280.15.

SB24,32,6 2. A water system or septage servicing vehicle operator certification under s. 281.17 (3).

SB24,32,7 3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).

SB24,32,8 4. A solid waste incinerator operator certification under s. 285.51 (2).

SB24,32,9 5. A laboratory certification or registration under s. 299.11.

SB24,32,12 (b) The department shall approve or disapprove an application for any of the following within 30 days from the date on which the department receives the application:

SB24,32,13 1. A solid waste disposal facility operator certification under s. 289.42 (1).

SB24,32,14 2. A hazardous waste transportation license under s. 291.23.

SB24,32,15 3. A medical waste transportation license under s. 299.51 (3) (c).

SB24,32,18 (c) The department shall approve or disapprove an application for an oil or gas exploration license under s. 295.33 (1) within 60 days from the date on which the department receives the application.

SB24,32,24 (2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the approval.

SB24,33,7 (b) Subject to sub. (4), if the department fails to provide the applicant for an approval with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2).