299.80(8)(b)3.
3. Identifies any variances that would be granted under
sub. (4) by the proposed action.
299.80(8)(c)
(c) The department shall prepare a public notice of a proposed action under
par. (a) that does all of the following:
299.80(8)(c)1.
1. Briefly describes the facility that is the subject of the proposed action.
299.80(8)(c)2.
2. Identifies the proposed action and states whether any variances would be granted under
sub. (4) by the proposed action.
299.80(8)(c)3.
3. Identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action.
299.80(8)(c)4.
4. States that the draft of the proposed action and the fact sheet under
par. (b) are available upon request.
299.80(8)(c)5.
5. States that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.
299.80(8)(c)6.
6. Describes the procedures that the department will use to make a final decision on the proposed action, describes how persons may request public informational meetings, contested case hearings or public hearings and how persons may make requests to appear at those meetings and hearings.
299.80(8)(d)
(d) Before the start of the public comment period, the department shall mail the public notice under
par. (c) to the applicant or participant, the federal environmental protection agency, the members of the interested persons group established under
sub. (5) (b) and all persons who have asked to receive notice of proposed actions under
par. (a). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office, at any other department office in the area of the facility subject to the proposed action and at public libraries in that area. The department shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers and by any other methods that the department determines are effective.
299.80(8)(e)
(e) The department shall hold a public informational meeting on a proposed action under
par. (a) if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
299.80(9)
(9) Effect of cooperative agreement. 299.80(9)(a)(a) For the purposes of
chs. 280 to
295, a cooperative agreement entered into under this section is considered to be an approval that is identified under
sub. (3) (b) as being replaced by the cooperative agreement.
299.80(9)(b)
(b) A provision of an approval that is identified under
sub. (3) (b) as being replaced by a cooperative agreement is superceded by the cooperative agreement.
299.80(10)
(10) Fees. A participant shall pay the same fees under
chs. 280 to
295 that it would be required to pay if it had not entered into a cooperative agreement.
299.80(11)(a)(a) Reports submitted under a cooperative agreement fulfill the reporting requirements under
chs. 280 to
295 relating to the facility, activities and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.
299.80(11)(b)
(b) A participant shall notify the department before it increases the amount of the discharge or emission of a pollutant from a covered facility and before it begins to discharge or emit a pollutant that it did not discharge or emit from a covered facility when the cooperative agreement was entered into. The notification shall describe any proposed facility expansion, production increase or process modification that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement under
sub. (7) in a manner consistent with
subs. (2) and
(3) or require the participant to obtain an approval if an approval is required under
chs. 280 to
295.
299.80(12)
(12) Reports of violations. A participant shall submit a report to the department within 45 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain all of the following:
299.80(12)(a)
(a) A description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and what was revealed by the performance evaluation.
299.80(12)(b)
(b) A description of all violations revealed by the performance evaluation.
299.80(12)(c)
(c) A description of the actions taken or proposed to be taken to correct the violations.
299.80(12)(d)
(d) A commitment to correct the violations within 90 days of submitting the report or within a compliance schedule approved by the department.
299.80(12)(e)
(e) If the participant proposes to take more than 90 days to correct the violations, a proposed compliance schedule that contains the shortest reasonable periods for correcting the violations, a statement that justifies the proposed compliance schedule, a description of measures that the participant will take to minimize the effects of the violations during the period of the compliance schedule and proposed stipulated penalties if the participant violates the compliance schedule.
299.80(12)(f)
(f) A description of the measures that the participant has taken or will take to prevent future violations.
299.80(13)(a)(a) If the department receives a report under
sub. (12) that contains a proposed compliance schedule under
sub. (12) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the participant does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the participant to attempt to reach an agreement on a compliance schedule. If the department and the participant do not reach an agreement on a compliance schedule, the department shall initiate the procedure under
sub. (7) (c) 2. to revoke the cooperative agreement. If the parties agree to a compliance schedule, the department shall amend the cooperative agreement to incorporate the compliance schedule.
299.80(13)(b)
(b) The department may not approve a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:
299.80(13)(b)1.
1. The environmental and public health consequences of the violations.
299.80(13)(b)2.
2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.
299.80(13)(b)3.
3. The time needed to purchase any equipment or supplies that are needed to correct the violations.
299.80(14)(a)1.1. This state may not commence a civil action to collect forfeitures for violations at a facility covered by a cooperative agreement that are disclosed in a report that meets the requirements of
sub. (12) for at least 90 days after the department receives the report.
299.80(14)(a)2.
2. If the participant corrects violations that are disclosed in a report that meets the requirements of
sub. (12) within 90 days after the department receives a report that meets the requirements of
sub. (12), this state may not commence a civil action to collect forfeitures for the violations.
299.80(14)(a)3.
3. This state may not commence a civil action to collect forfeitures for violations covered by a compliance schedule that is approved under
sub. (13) during the period of the compliance schedule if the participant is not violating the compliance schedule. If the participant violates the compliance schedule, the department may collect the stipulated penalties in the compliance schedule or may revoke the cooperative agreement. After the department revokes a cooperative agreement, this state may commence civil action to collect forfeitures for the violations.
299.80(14)(a)4.
4. If the department approves a compliance schedule under
sub. (13) and the participant corrects the violations according to the compliance schedule, this state may not commence a civil action to collect forfeitures for the violations.
299.80(14)(b)
(b) Notwithstanding
par. (a), this state may at any time commence a civil action to collect forfeitures for violations if any of the following apply:
299.80(14)(b)1.
1. The violations present an imminent threat to public health or the environment or may cause serious harm to public health or the environment.
299.80(14)(b)2.
2. The department discovers the violations before submission of a report under
sub. (12).
299.80(15)(a)(a) Except as provided in
par. (b), the department shall make any record, report or other information obtained in the administration of this section available to the public.
299.80(15)(b)
(b) The department shall keep confidential any part of a record, report or other information obtained in the administration of this section, other than emission data, discharge data or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in
s. 134.90 (1) (c), of that person.
299.80(15)(c)
(c) If the department refuses to release information on the grounds that it is confidential under
par. (b) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this state to defend the refusal to release the information.
299.80(15)(d)
(d) Paragraph (b) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under
par. (b) to the federal government, the department shall also provide a copy of the application for confidential status.
299.80(16)
(16) Reports concerning the program under this section. 299.80(16)(a)(a) Beginning not later than November 1, 1998, the secretary of natural resources shall submit an annual progress report on the program under this section to the governor and, under
s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.
299.80(16)(b)
(b) Not later than October 1, 2001, the secretary of natural resources shall submit a report to the governor and, under
s. 13.172 (2) the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.
299.80 History
History: 1997 a. 27,
41.
299.83
299.83
Environmental Results Program. 299.83(1)(a)
(a) "Covered facility or activity" means a facility or activity that is included, or intended to be included, in the program.
299.83(1)(b)
(b) "Environmental management system" means an organized set of procedures to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations.
299.83(1)(bm)
(bm) "Environmental management system audit" means a review, of an environmental management system, that is conducted in accordance with standards and guidelines issued by the International Organization for Standardization and the results of which are documented and are communicated to employees of the entity whose environmental management system is reviewed.
299.83(1)(c)
(c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under
chs. 29 to
31,
160, or
280 to
299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.
299.83(1)(d)
(d) "Environmental requirement" means a requirement in
chs. 29 to
31,
160, or
280 to
299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.
299.83(1)(dg)
(dg) "Functionally equivalent environmental management system" means an environmental management system that includes all of the following elements and any other elements that the department determines are essential elements of International Organization for Standardization standard 14001:
299.83(1)(dg)1.
1. Adoption of an environmental policy that includes a commitment to compliance with environmental requirements, pollution prevention, and continual improvement in environmental performance.
299.83(1)(dg)2.
2. An analysis of the environmental aspects and impacts of an entity's activities.
299.83(1)(dg)3.
3. Plans and procedures to achieve compliance with environmental requirements and to maintain that compliance.
299.83(1)(dg)4.
4. Identification of all environmental requirements applicable to the entity.
299.83(1)(dg)5.
5. A process for setting environmental objectives and developing appropriate action plans to meet the objectives.
299.83(1)(dg)6.
6. Establishment of a structure for operational control and responsibility for environmental performance.
299.83(1)(dg)7.
7. An employee training program to develop awareness of and competence to manage environmental issues.
299.83(1)(dg)8.
8. A plan for taking actions to prevent environmental problems and for taking emergency response and corrective actions when environmental problems occur.
299.83(1)(dg)9.
9. A communication plan for collaboration with employees, the public, and the department on the design of projects and activities to achieve continuous improvement in environmental performance.
299.83(1)(dg)10.
10. Procedures for control of documents and for keeping records related to environmental performance.
299.83(1)(dg)12.
12. A plan for continually improving environmental performance and provision for senior management review of the plan.
299.83(1)(dr)
(dr) "Outside environmental auditor" means an auditor who is functionally or administratively independent of the facility or activity being audited, but who may be employed by the entity that owns the facility being audited or that owns the unit that conducts the activity being audited.
299.83(1)(e)
(e) "Participation contract" means a contract entered into by the department and a participant in tier II of the program, and that may, with the approval of the department, be signed by other interested parties, that specifies the participant's commitment to superior environmental performance and the incentives to be provided to the participant.
299.83(1)(f)
(f) "Program" means the Environmental Results Program under this section.
299.83(1)(g)
(g) "Superior environmental performance" means environmental performance that results in measurable or discernible improvement in the quality of the air, water, land, or natural resources, or in the protection of the environment, beyond that which is achieved under environmental requirements and that may be achieved in ways that include all of the following:
299.83(1)(g)1.
1. Limiting the discharges or emissions of pollutants from, or in some other way minimizing the negative effects on air, water, land, natural resources, or human health of, a facility that is owned or operated by an entity or an activity that is performed by the entity to an extent that is greater than is required by applicable environmental requirements.
299.83(1)(g)2.
2. Minimizing the negative effects on air, water, land, natural resources, or human health of the raw materials used by an entity or of the products or services produced or provided by the entity to an extent that is greater than is required by applicable environmental requirements.
299.83(1)(g)3.
3. Voluntarily engaging in restoring or preserving natural resources.
299.83(1)(g)4.
4. Helping other entities to comply with environmental requirements or to accomplish the results described in
subd. 1. or
2.
299.83(1)(g)5.
5. Organizing uncoordinated entities that produce environmental harm into a program that reduces that harm.
299.83(1)(g)6.
6. Reducing waste or the use or production of hazardous substances in the design, production, delivery, use, or reuse of goods or services.
299.83(1)(g)7.
7. Conserving energy or nonrenewable natural resources.
299.83(1)(g)8.
8. Reducing the use of renewable natural resources through increased efficiency.
299.83(1)(g)9.
9. Adopting methods that reduce the depletion of, or long-term damage to, renewable natural resources.
299.83(1)(h)
(h) "Violation" means a violation of an environmental requirement.
299.83(1m)
(1m) Administration of program. In administering the program, the department shall attempt to do all of the following:
299.83(1m)(a)
(a) Promote, reward, and sustain superior environmental performance by participants.
299.83(1m)(b)
(b) Promote environmental performance that voluntarily exceeds legal requirements related to health, safety, and the environment and that results in continuous improvement in this state's environment, economy, and quality of life.
299.83(1m)(c)
(c) Provide clear incentives for participation that will result in real benefits to participants.
299.83(1m)(d)
(d) Promote attention to unregulated environmental problems and provide opportunities for conservation of resources and environmental restoration by entities that are subject to environmental requirements and entities that are not subject to environmental requirements.
299.83(1m)(e)
(e) Make the program compatible with federal programs that create incentives for achieving environmental performance that exceeds legal requirements.
299.83(1m)(f)
(f) Increase levels of trust, communication, and accountability among regulatory agencies, entities that are subject to environmental requirements, and the public.
