2011 WISCONSIN ACT
167
An Act
to repeal
30.12 (1k) (b) 1., 30.12 (1k) (b) 3., 30.12 (1k) (c), 30.12 (1k) (d), 30.12 (3) (br), 30.12 (3m) (ar), 30.123 (6) (a), 30.123 (7) (b), 30.1235, 30.19 (3r) (b), 30.20 (1t) (b), 30.206 (1g), 30.206 (1m) and 30.2065 (3) to (9);
to renumber
30.123 (7) (a), 30.19 (3r) (a), 30.206 (1) (c) and 289.31 (4);
to renumber and amend
30.12 (1g) (f), 30.12 (3) (a) 6. and 30.208 (2);
to amend
30.025 (2), 30.10 (4) (a), 30.12 (1j) (c), 30.12 (1k) (b) (intro.), 30.12 (1k) (b) 2., 30.12 (1k) (cm) (intro.), 30.12 (1k) (cm) 1., 30.12 (1k) (cm) 2., 30.12 (1k) (e) 2., 30.121 (3), 30.121 (3g), 30.121 (3r), 30.18 (4) (a), 30.206 (1) (a), 30.206 (3) (a), 30.206 (5), 30.206 (6), 30.2065 (2) (a), 30.2065 (2) (b), 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c), 30.208 (3) (e), 30.208 (4) (a), 30.208 (5) (a) (intro.), 30.208 (5) (b) (intro.), 30.208 (5) (b) 4., 30.208 (5) (b) 5., 30.208 (5) (c) (intro.), 30.208 (5) (c) 2., 30.209 (2) (a), 30.209 (2) (b), 30.209 (2) (c), 30.209 (2) (d) (intro.), 30.2095 (1) (b), 84.01 (23), 227.01 (13) (rt), 281.346 (9) (b) 1. (intro.), 281.346 (9) (d) 3., 283.39 (1) (intro.), 283.49 (1) (a), 283.49 (2) (a), 283.53 (1), 283.53 (2) (a) (intro.), 283.53 (2) (b), 283.53 (2) (c), 283.53 (2) (d), 283.53 (2) (e), 283.63 (1) (intro.), 283.63 (1) (a), 283.63 (1) (b), 285.61 (5) (title), 285.61 (5) (c), 285.62 (3) (c), 285.76 (2) (a), 285.76 (3), 289.25 (3), 289.41 (1m) (g) 1., 291.87 (3), 291.87 (6) (a) and 292.31 (3) (f);
to repeal and recreate
299.05; and
to create
30.102, 30.12 (1h), 30.12 (1k) (b) 1m., 30.12 (3) (a) 6. c., 30.12 (3) (a) 14., 30.12 (3) (d), 30.121 (1), 30.121 (3c), 30.123 (7) (d), 30.19 (1m) (f), 30.19 (1m) (g), 30.206 (1) (aj), 30.206 (1) (am) and (ar), 30.206 (1) (b), 30.206 (1r), 30.206 (2b), 30.206 (2m), 30.206 (5m), 30.206 (8), 30.208 (2) (d), 30.208 (3) (eg), 30.208 (3) (er), 30.208 (3) (f), 30.208 (5) (a) 3., 30.208 (5) (b) 3m., 30.208 (5) (b) 3r., 30.208 (5) (bm), 30.209 (2) (e), 30.28 (2v), 31.12 (5), 281.346 (9) (b) 1. c., 281.346 (9) (b) 1. d., 281.346 (9) (b) 2. d., 281.346 (9) (bm), 281.41 (5), 283.39 (1) (c), 283.39 (1) (d), 283.39 (1m), 283.39 (3) (bg), 285.62 (3) (a) 1g., 285.62 (3) (a) 1m., 285.63 (11), 285.76 (2) (am), 285.76 (2) (ar), 285.76 (2m), 289.31 (4) (am) 4., 289.31 (4) (am) 5., 289.31 (4) (bm), 289.31 (4) (cm), 291.87 (6m) and 299.17 of the statutes;
relating to:
the issuance of, and exemptions from, certain individual permits, contracts, and general permits for structures, deposits, and other activities in or near navigable waters; repair and maintenance of boathouses and fixed houseboats; certain notices required to be provided by the Department of Natural Resources; expedited procedures for certain plan approvals; deadlines for action on certain approval applications; and general permitting for certain wetland restoration activities.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
2
.
30.025 (2) of the statutes is amended to read:
30.025
(2)
Hearing.
Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985
and as a notice on the department's Internet Web site
. The department may give such further notice as it deems proper, and shall give notice to
interested
persons requesting same
. The department's notice to interested persons may be given through an electronic notification system established by the department. Notice of a hearing under this subsection published as a class 1 notice, as a notice on the department's Internet Web site, and through the electronic notification system established by the department shall include the time, date, and location of the hearing, the name and address of the applicant, a summary of the subject matter of the application, and information indicating where a copy of the application 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 application
. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.
Section
3
.
30.10 (4) (a) of the statutes is amended to read:
30.10
(4)
(a) This section does not impair the powers granted by law
under s. 30.1235 or by other law
to municipalities to construct highway bridges, arches, or culverts over streams.
Section
4
.
30.102 of the statutes is created to read:
30.102
Web site information.
(1)
Navigability determination and ordinary high-water mark identification.
If the department makes a determination that a waterway is navigable or is not navigable or identifies the ordinary high-water mark of a navigable waterway, the department shall publish that information on the department's Internet Web site. Any person may rely on the information posted under this section as being accurate. This section does not restrict the ability of a person to challenge the accuracy of the information posted under this section.
(2)
Application status.
To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under this chapter. The information shall include notice of any hearing scheduled by the department with regard to the application.
Section
6
.
30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) and amended to read:
30.12
(1g)
(f) 1. (intro.) A pier or wharf
that is no
to which all of the following apply:
a. It is no
more than 6 feet wide
, that extends
.
b. It extends
no further than to a point where the water is 3 feet at its maximum depth
as measured at summer low levels
, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from the shoreline
, and that has
.
c. It has
no more than 2 boat slips for the first 50 feet of
the
riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline
footage
.
2.
Notwithstanding the width limitation in
this paragraph
subd. 1.
, a pier may have an area as a loading platform that is more than 6 feet wide if the
surface area of the
platform
is not more than 8 feet wide, it extends perpendicular to one or both sides of the pier, and it is located at the lakeward end of the pier or at the end of the pier that extends into a stream
does not exceed 200 square feet
.
Section
7
.
30.12 (1h) of the statutes is created to read:
30.12
(1h)
Personal watercraft secured to piers allowed.
A riparian owner may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the riparian owner's shoreline footage and one additional personal watercraft for each additional 50 feet of the riparian owner's shoreline footage without affecting the riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
Section
8
.
30.12 (1j) (c) of the statutes is amended to read:
30.12
(1j)
(c) If the riparian owner or owners of a property described in par. (a) are eligible and propose to place a pier or wharf with the number of boat slips specified in par. (a), the riparian owner or owners shall apply to the department for an individual permit under s. 30.208 authorizing the configuration of the pier or wharf unless the configuration is authorized by the department under a general permit under s. 30.206
(1g)
. The department may not deny the permit on the basis of the number of slips proposed by the riparian owner or owners if the number of slips proposed does not exceed the number allowed under par. (a). A riparian owner or owners who apply for a permit under this paragraph shall be presumed to be entitled to the number of slips allowed under par. (a).
Section
9m
.
30.12 (1k) (b) (intro.) of the statutes is amended to read:
30.12
(1k)
(b) (intro.) In addition to the exemptions under sub. (1g), a riparian owner of a pier or wharf that was placed on the bed of a navigable water
on or
before
February 6, 2004
the effective date of this paragraph .... [LRB inserts date]
, is exempt from the permit requirements under this section
if all
unless any
of the following
apply
applies
:
Section
10
.
30.12 (1k) (b) 1. of the statutes is repealed.
Section
10m
.
30.12 (1k) (b) 1m. of the statutes is created to read:
30.12
(1k)
(b) 1m. The department notified the riparian owner before the effective date of this subdivision ..... [LRB inserts date], that the pier or wharf is detrimental to the public interest.
Section
11m
.
30.12 (1k) (b) 2. of the statutes is amended to read:
30.12
(1k)
(b) 2. The pier or wharf
does not interfere
interferes
with the riparian rights of other riparian owners.
Section
13
.
30.12 (1k) (c) of the statutes is repealed.
Section
14
.
30.12 (1k) (cm) (intro.) of the statutes is amended to read:
30.12
(1k)
(cm) (intro.)
Except as provided in par. (d), the
The
department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:
Section
15
.
30.12 (1k) (cm) 1. of the statutes is amended to read:
30.12
(1k)
(cm) 1. A structure for which the department has issued a permit under this section
on or before February 6, 2004
, if the structure is in compliance with that permit.
Section
16
.
30.12 (1k) (cm) 2. of the statutes is amended to read:
30.12
(1k)
(cm) 2. A structure for which the department has issued a written authorization
on or before February 6, 2004
, if the structure is in compliance with that written authorization.
Section
17
.
30.12 (1k) (d) of the statutes is repealed.
Section
18
.
30.12 (1k) (e) 2. of the statutes is amended to read:
30.12
(1k)
(e) 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf
, the riparian owner registered the pier or wharf with the department under par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision
.
Section
19
.
30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:
30.12
(3)
(a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if
the
any of the following apply:
a. The
property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark
or if there
.
b. There
is a boathouse over navigable waters adjacent to the owner's property.
Section
20
.
30.12 (3) (a) 6. c. of the statutes is created to read:
30.12
(3)
(a) 6. c. The permanent boat shelter extends beyond the waterward end of the owner's pier or the waterward side of the owner's wharf.
Section
21
.
30.12 (3) (a) 14. of the statutes is created to read:
30.12
(3)
(a) 14. Place a pier or wharf on the bed of a navigable water that is in, or that would directly affect, an area of special natural resource interest and that is adjacent to the owner's property if the pier or wharf does not interfere with the riparian rights of other riparian owners and it meets the requirements of sub. (1g) (f).
Section
22
.
30.12 (3) (br) of the statutes is repealed.
Section
23
.
30.12 (3) (d) of the statutes is created to read:
30.12
(3)
(d) The department may impose conditions relating to the location, design, construction, and installation of a pier or wharf placed under the authority of a general permit issued under par. (a) 14., but may not prohibit a riparian owner from placing a pier or wharf that meets the requirement of the general permit.
Section
24
.
30.12 (3m) (ar) of the statutes is repealed.
Section
25
.
30.121 (1) of the statutes is created to read:
30.121
(1)
Definition.
In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors.
Section
26
.
30.121 (3) of the statutes is amended to read:
30.121
(3)
Maintenance
and repair
.
The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair
and
or
maintain the boathouse or fixed houseboat if the cost
of the repair or maintenance
to repair or maintain the boathouse or fixed houseboat
does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may
make repairs
repair or maintain the boathouse or the fixed houseboat
if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.
Section
27
.
30.121 (3c) of the statutes is created to read:
30.121
(3c)
Exception; certain boathouses.
Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size, location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.
Section
28
.
30.121 (3g) of the statutes is amended to read:
30.121
(3g)
Exception; historical or cultural value.
Subsection (3) does not apply to
the repair or maintenance of
repairing or maintaining
a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.
Section
29
.
30.121 (3r) of the statutes is amended to read:
30.121
(3r)
Exception; damages after January 1, 1984.
Subsections (2) and (3) do not apply to
the repair or reconstruction of
repairing or reconstructing
a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
Section
30
.
30.123 (6) (a) of the statutes is repealed.
Section
31
.
30.123 (7) (a) of the statutes is renumbered 30.123 (7).
Section
32
.
30.123 (7) (b) of the statutes is repealed.
Section
33
.
30.123 (7) (d) of the statutes is created to read:
30.123
(7)
(d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
Section
34
.
30.1235 of the statutes is repealed.
Section
35
.
30.18 (4) (a) of the statutes is amended to read:
30.18
(4)
(a)
Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5)
The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3)
. In addition to providing notice as required under s. 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
Section
36
.
30.19 (1m) (f) of the statutes is created to read:
30.19
(1m)
(f) Any land grading activity authorized under a stormwater discharge permit issued under s. 283.33.
Section
37
.
30.19 (1m) (g) of the statutes is created to read:
30.19
(1m)
(g) Any land grading activity authorized by a permit issued by a county under a shoreland zoning ordinance enacted under s. 59.692.
Section
38
.
30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
Section
39
.
30.19 (3r) (b) of the statutes is repealed.
Section
40
.
30.20 (1t) (b) of the statutes is repealed.
Section
41
.
30.206 (1) (a) of the statutes is amended to read:
30.206
(1)
(a) The department shall issue the statewide general permits
as rules promulgated under ch. 227
required under ss. 30.12 (3) (a), 30.123 (7)
(a)
, 30.19 (3r)
, and 30.20 (1t) (a).
The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.
Section
41m
.
30.206 (1) (aj) of the statutes is created to read:
30.206
(1)
(aj) Paragraph (ag) applies only to general permits issued under par. (a).
Section
42
.
30.206 (1) (am) and (ar) of the statutes are created to read:
30.206
(1)
(am) In addition to the general permits required under par. (a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter. In issuing general permits under this paragraph, the department shall establish requirements and conditions to ensure that the activities subject to the permit will cause only minimal adverse environmental impacts, will not materially interfere with navigation, and will not have an adverse impact on the riparian property rights of adjacent riparian owners.
(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.
Section
43
.
30.206 (1) (b) of the statutes is created to read:
30.206
(1)
(b) Except as provided in sub. (1r), a general permit issued under par. (a) or (am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit for a period of 5 years from the date of the department's determination or until the activity is completed, whichever occurs first, regardless of whether the general permit expired before the activity is completed. The department may renew or modify, or revoke a general permit issued under par. (a) or (am) or s. 30.2065 upon compliance with the requirements under subs. (2b) and (2m).
Section
43m
.
30.206 (1) (c) of the statutes is renumbered 30.206 (1) (ag).
Section
44
.
30.206 (1g) of the statutes is repealed.
Section
45
.
30.206 (1m) of the statutes is repealed.
Section
46
.
30.206 (1r) of the statutes is created to read:
30.206
(1r)
Transitions between permits.
Any general permit issued under this section that is valid on the effective date of this subsection .... [LRB inserts date], shall remain valid until the date upon which a general permit issued under sub. (1) (a) or (am) that authorizes the same activity becomes effective.
Section
47
.
30.206 (2b) of the statutes is created to read:
30.206
(2b)
Public notice.
(a) The department shall provide to interested members of the public notices of its intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Procedures for providing public notices shall include all of the following:
1. Publication of a class 1 notice under ch. 985.
2. Providing a copy of the notice to any person or group upon request of the person or group.
3. Publication of the notice through an electronic notification system established by the department.
4. Publication of the notice on the department's Internet Web site.
(am) 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.
(b) 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 general permit under sub. (1) (a) or (am) or s. 30.2065. 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.
(c) Every public notice issued by the department under par. (a) shall include a description of any activities to be authorized under the general permit.
Section
48
.
30.206 (2m) of the statutes is created to read:
30.206
(2m)
Public hearing.
(a) 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 hearing with respect to the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Such request for a public hearing shall be filed with the department within 30 days after the provision of the public notice under sub. (2b) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.
2. The department shall hold a public 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 section are not contested cases under s. 227.01 (3).
(b) Public notice of any hearing held under this subsection shall be provided in accordance with the requirements under sub. (2b). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the 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.
Section
49
.
30.206 (3) (a) of the statutes is amended to read:
30.206
(3)
(a) A person wishing to proceed with an activity that may be authorized by a general permit
under this section or s. 30.2065
shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.
Section
50
.
30.206 (5) of the statutes is amended to read:
30.206
(5)
Failure to follow procedural requirements.
Failure
of an applicant
to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.
Section
50m
.
30.206 (5m) of the statutes is created to read:
30.206
(5m)
Legislative review of general permits.
(a) In this subsection:
1. "Appropriate senate committee" means the standing committee of the senate with jurisdiction over natural resources matters as determined by the presiding officer of the senate.
2. "Appropriate assembly committee" means the standing committee of the assembly with jurisdiction over natural resources matters as determined by the presiding officer of the assembly.
(b) If, by a majority vote of a quorum of the appropriate senate committee and the appropriate assembly committee, each of those committees suspends any general permit, the committees shall jointly publish a Class 1 notice under ch. 985 of the suspension in the official state newspaper and give any other notice that the committees consider appropriate.
(c) If the appropriate senate committee and the appropriate assembly committee suspend a general permit as provided in par. (b), each of the committees shall, within 30 days after the suspension, meet and take executive action regarding the introduction in the respective house of the legislature of a bill to support the suspension. The appropriate senate committee and the appropriate assembly committee shall each introduce a bill within 5 working days after taking executive action in favor of introduction of the respective bill unless the bill cannot be introduced during this time period under the rules of the respective house of the legislature. If a bill cannot be introduced during this time period, the bills shall be introduced on the first day on which the rules of the respective house of the legislature allow introduction.
(d) 1. If both of the bills introduced under par. (c) are adversely disposed of, or fail to be enacted in any other manner before the last day of the regular session of the legislature in which the bills are introduced, the general permit remains in effect and may not be suspended under this subsection again. If either bill is enacted, the general permit is permanently suspended and may not be issued again unless a subsequent law specifically authorizes issuance of the general permit.
2. If a person commences to conduct an activity under the authority of a general permit, and the general permit is subsequently suspended under this subsection, the person may continue to conduct the activity in the manner, and for the period, originally authorized under the general permit notwithstanding the suspension of the general permit.
Section
51
.
30.206 (6) of the statutes is amended to read:
30.206
(6)
Request for individual permit.
A person proposing an activity for which a general permit has been issued
under this section or s. 30.2065
may request an individual permit under the applicable provisions of this subchapter or ch. 31 in lieu of seeking authorization under the general permit.
Section
51m
.
30.206 (8) of the statutes is created to read:
30.206
(8)
Report.
(a) Within 30 days after issuing, renewing, modifying, or revoking a general permit, the department shall prepare a report that gives notification of the department's action. If the action being reported is the issuance, renewal, or modification of a general permit, the department shall include a copy of the permit with the report. If the action being reported is the renewal, modification, or revocation of a general permit, the report shall include an analysis of the implementation and activities conducted under the general permit and shall contain all of the following information:
1. The number of times notifications to proceed under the general permit were received by the department under sub. (3) (a).
2. The number of times the department requested additional information under sub. (3) (b).
3. The number of times the department informed applicants under sub. (3) (b) that individual permits would be required.
(b) A report under par. (a) shall cover the time period beginning with the date of original issuance of the general permit, or the date of the most recent prior modification or renewal, and ending with the date of the revocation, modification, or renewal that causes the report to be required.
(c) The department shall distribute the report to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).
Section
52
.
30.2065 (2) (a) of the statutes is amended to read:
30.2065
(2)
(a)
Upon compliance with the requirements under subs. (3) and (4), the
The
department may issue a general permit to a person wishing to proceed with an activity. A permit issued under this subsection is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36.
Section
53
.
30.2065 (2) (b) of the statutes is amended to read:
30.2065
(2)
(b) A general permit issued under this subsection is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed.
The department may renew or modify a general permit issued under this subsection.
Section
54
.
30.2065 (3) to (9) of the statutes are repealed.
Section
55
.
30.208 (2) of the statutes is renumbered 30.208 (2) (a) and amended to read:
30.208
(2)
(a)
Review; no additional information required.
In issuing individual permits or entering contracts under this subchapter, the department shall
initially determine whether a complete application for the permit or contract has been submitted and, no later than
review an application, and within
30 days after the application is submitted,
the department shall determine that either the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall
notify the applicant in writing
about the initial determination of completeness
of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure for purposes of sub. (3) (a)
.
(b)
Additional information requested.
If the department determines that the application is incomplete, the
department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par. (a). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.
(c)
Specificity of notice; limits on information.
Any
notice
stating that an application has been determined to be incomplete or any other request for information that is sent under par. (b)
shall state the reason for the determination
or request
and the specific items of information
necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete
that are still needed
.
Section
56
.
30.208 (2) (d) of the statutes is created to read:
30.208
(2)
(d)
Failure to meet time limits.
If the department fails to meet the 30-day time limit under par. (a) or 10-day time limit under par. (b), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period for purposes of sub. (3) (a).
Section
57
.
30.208 (3) (a) of the statutes is amended to read:
30.208
(3)
(a)
Upon determination by the department under sub. (2), that an application submitted under sub. (1) is complete
Within 15 days after the date of closure, as determined under sub. (2) (a) or (b)
, the department shall provide notice of
complete
pending
application to
interested and potentially
interested members of the public, as determined by the department.
The department shall provide the notice within 15 days after the determination that the application is complete.
If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of
complete
pending
application.
Section
58
.
30.208 (3) (b) of the statutes is amended to read:
30.208
(3)
(b) If the notice of
complete
pending
application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing
with or
without a request being submitted if the department determines that there is a significant public interest in holding a hearing.
Section
59
.
30.208 (3) (c) of the statutes is amended to read:
30.208
(3)
(c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within
30
20
days after the department
completes providing
provides
the notice of
complete
pending
application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its
determination
decision to hold a public hearing
.
Section
60
.
30.208 (3) (e) of the statutes is amended to read:
30.208
(3)
(e) Within
30
20
days after the
public hearing is held
period for public comment under sub. (4) (b) has ended
or if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision
,
issuing, denying, or modifying the permit or approving
or disapproving
the contract that is the subject of the application submitted under sub. (1).
Section
60g
.
30.208 (3) (eg) of the statutes is created to read:
30.208
(3)
(eg) 1. The department and the applicant may agree to extend the 20-day or 30-day time period specified in par. (e) one time for a specific number of additional days. The extension may not exceed 30 days.
2. The department may also extend the 20-day or 30-day time period specified in par. (e) if adverse weather conditions prevent the department from conducting an accurate on-site inspection during the 20-day or 30-day time period. The department shall give notice to the applicant of this extension. The department shall complete the inspection as soon as weather conditions permit, but the extension may not exceed 30 days under any circumstances.
Section
60r
.
30.208 (3) (er) of the statutes is created to read:
30.208
(3)
(er) If the decision rendered by the department under par. (e) is a denial or disapproval, the department shall include in the decision the specific grounds and reasons as to how the applicable provisions of this subchapter were not met. If the denial or disapproval is based on an incomplete application, the department shall inform the applicant of the areas of the application that were incomplete.
Section
61
.
30.208 (3) (f) of the statutes is created to read:
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.
Section
62
.
30.208 (4) (a) of the statutes is amended to read:
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).
Section
63
.
30.208 (5) (a) (intro.) of the statutes is amended to read:
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:
Section
64
.
30.208 (5) (a) 3. of the statutes is created to read:
30.208
(5)
(a) 3. That the notice be published on the department's Internet Web site.
Section
65
.
30.208 (5) (b) (intro.) of the statutes is amended to read:
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:
Section
66
.
30.208 (5) (b) 3m. of the statutes is created to read:
30.208
(5)
(b) 3m. For a notice of public hearing under sub. (3), the time, date, and location of the hearing.
Section
67
.
30.208 (5) (b) 3r. of the statutes is created to read:
30.208
(5)
(b) 3r. For a notice of pending application and a notice of public hearing under sub. (3), a brief, precise, easily understandable, plain language description of the subject matter of the pending application and information indicating where the pending application may be viewed on the department's Internet Web site.
Section
68
.
30.208 (5) (b) 4. of the statutes is amended to read:
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
, or to approve or disapprove a contract,
for the activity or project described in the application.
Section
69
.
30.208 (5) (b) 5. of the statutes is amended to read:
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).
Section
70
.
30.208 (5) (bm) of the statutes is created to read:
30.208
(5)
(bm) For the purpose of determining the date on which notice is provided under this subsection, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site, unless the department delegates to the applicant under par. (c) the requirement to provide notice. If the department delegates to the applicant the requirement to provide notice, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site or 10 days after the date on which the department receives satisfactory proof of publication of a class 1 notice from the applicant, whichever is later.
Section
71
.
30.208 (5) (c) (intro.) of the statutes is amended to read:
30.208
(5)
(c) (intro.) The department may delegate the department's requirement to provide notice under sub. (3)
in the manner specified under par. (a) 1. or 2.
or
to provide notice under
s. 30.209 (1m) by doing any of the following:
Section
72
.
30.208 (5) (c) 2. of the statutes is amended to read:
30.208
(5)
(c) 2.
That
Requiring that
the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.
Section
73
.
30.209 (2) (a) of the statutes is amended to read:
30.209
(2)
(a) An administrative hearing under this
subsection
section
shall be treated as a contested case under ch. 227.
Section
74
.
30.209 (2) (b) of the statutes is amended to read:
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.
Section
75
.
30.209 (2) (c) of the statutes is amended to read:
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.
Section
76
.
30.209 (2) (d) (intro.) of the statutes is amended to read:
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:
Section
77
.
30.209 (2) (e) of the statutes is created to read:
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.
Section
78
.
30.2095 (1) (b) of the statutes is amended to read:
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.
Section
79
.
30.28 (2v) of the statutes is created to read:
30.28
(2v)
Web site information fee.
In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.
Section
80
.
31.12 (5) of the statutes is created to read:
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 the department determines that all of the following are satisfied:
(a) The plan design is of a common construction and size or is for a minor addition to an existing dam.
(b) The plan design is submitted by a registered professional engineer.
(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.
(d) The plan design contains no unusual siting requirements or other unique design features.
(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.
(f) The plan design is not likely to have an adverse impact on the environment.
Section
81
.
84.01 (23) of the statutes is amended to read:
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.
Section
82
.
227.01 (13) (rt) of the statutes is amended to read:
227.01
(13)
(rt) Is a general permit issued under s.
30.206 or
30.2065.
Section
83
.
281.346 (9) (b) 1. (intro.) of the statutes is amended to read:
281.346
(9)
(b) 1. (intro.) The department shall, by rule, create procedures for
circulating
providing
to
interested and potentially
interested members of the public notices of each complete application that the department receives under sub. (5) to which the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6) applies, other than an application from a person operating a public water supply system that is covered by an approved water supply service area plan under s. 281.348, and each complete application that the department receives under sub. (4) and of each general permit that the department proposes to issue under sub. (4s) (a). The department shall include, in the rule, at least the following procedures:
Section
84
.
281.346 (9) (b) 1. c. of the statutes is created to read:
281.346
(9)
(b) 1. c. Publication of the notice through an electronic notification system established by the department.
Section
85
.
281.346 (9) (b) 1. d. of the statutes is created to read:
281.346
(9)
(b) 1. d. Publication of the notice on the department's Internet Web site.
Section
86
.
281.346 (9) (b) 2. d. of the statutes is created to read:
281.346
(9)
(b) 2. d. Information indicating where the complete application may be viewed on the department's Internet Web site.
Section
87
.
281.346 (9) (bm) of the statutes is created to read:
281.346
(9)
(bm)
Notice date.
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.
Section
88
.
281.346 (9) (d) 3. of the statutes is amended to read:
281.346
(9)
(d) 3. The department shall
circulate
provide
public notice of any hearing held under this paragraph in the manner provided under par. (b) 1.
The notice shall include the time, date, and location of the hearing, a summary of the subject matter of the application or proposed general permit, and information indicating where a copy of the application or proposed general permit that is the subject of the hearing may be found 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 application or proposed general permit. If the hearing concerns an application received by the department, the notice shall also include the name and address of the applicant.
Section
89
.
281.41 (5) of the statutes is created to read:
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 the department determines that all of the following are satisfied:
(a) The plan design is of a common construction and size or is for a minor addition to an existing facility.
(b) The plan design is submitted by a registered professional engineer.
(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.
(d) The plan design contains no unusual siting requirements or other unique design features.
(e) The plan design is not likely to have an adverse impact on the environment.
Section
90
.
283.39 (1) (intro.) of the statutes is amended to read:
283.39
(1)
(intro.) The department shall promulgate by rule procedures for
circulating
providing
to interested
and potentially interested
members of the public notices of each complete application for a permit. Procedures for
the circulation of
providing
public notices shall include at least the following:
Section
91
.
283.39 (1) (c) of the statutes is created to read:
283.39
(1)
(c) Publication of the notice through an electronic notification system established by the department.
Section
92
.
283.39 (1) (d) of the statutes is created to read:
283.39
(1)
(d) Publication of the notice on the department's Internet Web site.
Section
93
.
283.39 (1m) of the statutes is created to read:
283.39
(1m)
Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.
Section
94
.
283.39 (3) (bg) of the statutes is created to read:
283.39
(3)
(bg) Information indicating where the complete application may be viewed on the department's Internet Web site.
Section
95
.
283.49 (1) (a) of the statutes is amended to read:
283.49
(1)
(a) The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the
circulation of the
public notice of the complete permit application
is provided
and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.
Section
96
.
283.49 (2) (a) of the statutes is amended to read:
283.49
(2)
(a) Public notice of any hearing held under this section shall be
circulated
provided
in accordance with the requirements of s. 283.39 (1)
and the public notice shall be considered to be provided on the date specified in s. 283.39 (1m)
.
Section
97
.
283.53 (1) of the statutes is amended to read:
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 for a term of not more than 5 years, subject to sub. (3).
Section
98
.
283.53 (2) (a) (intro.) of the statutes is amended to read:
283.53
(2)
(a) (intro.) Any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified,
suspended
terminated,
or revoked
and reissued
, in whole or in part, for cause, including but not limited to:
Section
99
.
283.53 (2) (b) of the statutes is amended to read:
283.53
(2)
(b) Whenever, on the basis of any information available to it, the department finds that there is cause for modifying,
suspending
terminating,
or revoking
and reissuing
a permit, in whole or in part, the department shall notify the permittee by certified mail or personal service of its intention to modify,
suspend
terminate
, or revoke
and reissue
the permit, in whole or in part
, except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department may notify the permittee by electronic mail
. Such notice shall specify the information upon which the department relies, and if the department intends to modify the permit, shall explain the modifications which the department intends to make in the permit.
Section
100
.
283.53 (2) (c) of the statutes is amended to read:
283.53
(2)
(c) The department shall also notify the U.S. environmental protection agency, the U.S. army corps of engineers, any affected state, any interested agency of this state, and any interested members of the public of its intention to modify,
suspend
terminate,
or revoke
and reissue
a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be
circulated
provided
to members of the public in accordance with s. 283.39 (1)
, except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department is not required to provide notice of the substantial change under s. 283.39 (1) (a). The department shall provide a 14-day period, from the date on which notice is provided under s. 283.39 (1) (d), for written comments on a proposed modification to authorize a substantial change to a nutrient management plan
.
Section
101
.
283.53 (2) (d) of the statutes is amended to read:
283.53
(2)
(d) The department may hold a public hearing on a proposed permit modification,
suspension
termination,
or revocation
and reissuance
if the department determines that there is a significant public interest in holding such a hearing or upon the petition of 5 or more persons. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted.
A petition for a hearing on a proposed permit modification to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation shall be filed within 14 days of the date notice is provided under s. 283.39 (1) (d).
Section
102
.
283.53 (2) (e) of the statutes is amended to read:
283.53
(2)
(e) Public notice of any hearing held under this section shall be
circulated
provided
in accordance with the requirements of pars. (b) and (c).
Section
103
.
283.63 (1) (intro.) of the statutes is amended to read:
283.63
(1)
(intro.) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification,
suspension
termination,
or revocation
and reissuance
, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 283.17 or any water quality based effluent limitation established under s. 283.13 (5). Such review shall be accomplished in the following manner:
Section
104
.
283.63 (1) (a) of the statutes is amended to read:
283.63
(1)
(a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall
circulate
provide
a notice of public hearing in accordance with the requirements of s. 283.39 (1) at least 10 days prior to holding a public hearing thereon.
The public notice shall be considered to be provided on the date specified in s. 283.39 (1m).
Section
105
.
283.63 (1) (b) of the statutes is amended to read:
283.63
(1)
(b) The department shall hold a public hearing at the time and place designated in the notice of hearing. At the beginning of each such hearing the petitioner shall present evidence to the department which is in support of the allegation made in the petition. All interested persons or their representative shall be afforded an opportunity to present facts, views or arguments relevant to the issues raised by the petitioners, and cross-examination shall be allowed. The department shall consider anew all matters concerning the permit denial, modification,
suspension
termination,
or revocation
and reissuance
. No person may be required to appear by attorney at any hearing under this section.
Section
106
.
285.61 (5) (title) of the statutes is amended to read:
285.61
(5)
(title)
Notice; announcement;
newspaper
type of
notice.
Section
107
.
285.61 (5) (c) of the statutes is amended to read:
285.61
(5)
(c)
Newspaper
Type of
notice
required
.
The department shall publish a class 1 notice under ch. 985
, shall publish notice on its Internet Web site, and shall provide notice, upon request, to interested persons,
announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination.
The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which 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 notice.
Section
108
.
285.62 (3) (a) 1g. of the statutes is created to read:
285.62
(3)
(a) 1g. The name and address of the applicant.
Section
109
.
285.62 (3) (a) 1m. of the statutes is created to read:
285.62
(3)
(a) 1m. Information indicating where the application may be viewed on the department's Internet Web site.
Section
110
.
285.62 (3) (c) of the statutes is amended to read:
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
, shall publish the notice on its Internet Web site, and, upon request, shall provide notice to interested persons. The department's notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which public notice is provided under this paragraph, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice
.
Section
111
.
285.63 (11) of the statutes is created to read:
285.63
(11)
Modeling.
The department is not required to use air dispersion modeling as a basis for making its findings under sub. (1) for a minor source unless modeling is specifically provided for under the federal clean air act, rules promulgated under this chapter, or a federal or state agreement.
Section
112
.
285.76 (2) (a) of the statutes is amended to read:
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, and in the official state newspaper and provide a written statement concerning the proposed redesignation to those newspapers.
The notices published under this paragraph shall include information on how to locate the redesignation proposal on the department's Internet Web site.
Section
113
.
285.76 (2) (am) of the statutes is created to read:
285.76
(2)
(am) Publish notice of the proposed redesignation and request for consultation with the state on the department's Internet Web site.
Section
114
.
285.76 (2) (ar) of the statutes is created to read:
285.76
(2)
(ar) Provide to interested persons, upon request, notice of the proposed redesignation and request for consultation with the state. The notice may be given through an electronic notification system established by the department. The notice shall include information indicating where the redesignation proposal may be viewed on the department's Internet Web site.
Section
115
.
285.76 (2m) of the statutes is created to read:
285.76
(2m)
For the purpose of determining the date on which notice of the proposed redesignation and request for consultation with the state is provided under sub. (2), the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.
Section
116
.
285.76 (3) of the statutes is amended to read:
285.76
(3)
Within 15 days after receiving notification of the time and place of a public hearing under
42 USC 7474
(b) (1) (A) concerning a proposal by an American Indian tribal governing body to redesignate an area, the department shall provide notice of the time and place of the public hearing in the manner provided in subs. (1) and (2) (a)
and by publication of the notice on the department's Internet Web site
. If the department receives notification of a hearing at the same time that it receives notification of the proposed redesignation, it shall combine the
newspaper
notices under this subsection with the notices under sub. (2) (a)
and (am)
.
Section
117
.
289.25 (3) of the statutes is amended to read:
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
, and shall publish the 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.
For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.
Section
118
.
289.31 (4) of the statutes is renumbered 289.31 (4) (am).
Section
119
.
289.31 (4) (am) 4. of the statutes is created to read:
289.31
(4)
(am) 4. Publication of the notice on the department's Internet Web site.
Section
120
.
289.31 (4) (am) 5. of the statutes is created to read:
289.31
(4)
(am) 5. Providing notice to interested persons upon request. The notice may be given through an electronic notification system established by the department.
Section
121
.
289.31 (4) (bm) of the statutes is created to read:
289.31
(4)
(bm) The notice provided under par. (am) 1., 3., 4., and 5. shall include all of the following:
1. The name and address of the applicant.
2. A summary that contains a brief, precise, easily understandable, plain language description of the subject matter of the license.
3. Information indicating where more information about the subject matter of the license may be viewed on the department's Internet Web site.
Section
122
.
289.31 (4) (cm) of the statutes is created to read:
289.31
(4)
(cm) 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.
Section
123
.
289.41 (1m) (g) 1. of the statutes is amended to read:
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
, shall publish the notice on its Internet Web site, and shall provide the notice, upon request, to interested members of the public. The department's notice to interested members of the public may be given through an electronic notification system established by the department
. 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 name and address of the owner, and information indicating where the full text of the application may be viewed on the department's Internet Web site
. 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.
For the purpose of determining the date on which notice is provided under this subdivision, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.
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.
Section
124
.
291.87 (3) of the statutes is amended to read:
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,
by publishing the notice on its Internet Web site, and, upon request, by providing the notice to interested members of the public,
at least 45 days prior to the date scheduled for the hearing.
The department's notice to interested members of the public may be given through an electronic notification system established by the department. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice.
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.
Section
125
.
291.87 (6) (a) of the statutes is amended to read:
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
, publishing the notice on its Internet Web site, and, upon request, providing the notice to interested members of the public. The department's notice to interested members of the public may be given through an electronic notification system established by the department
.
Section
126
.
291.87 (6m) of the statutes is created to read:
291.87
(6m)
For the purpose of determining the date on which notice is provided under subs. (4) and (5), the date on which the department first publishes the notice on its Internet Web site as required under sub. (6) shall be considered the date of notice.
Section
127
.
292.31 (3) (f) of the statutes is amended to read:
292.31
(3)
(f)
Notice; hearing.
The department shall publish a class 1 notice, under ch. 985
, shall publish the notice on its Internet Web site, and, upon request, shall provide the notice to interested members of the public
, prior to taking remedial action under this subsection and subs. (1) and (7)
, which describes
. The department's notice to interested members of the public may be given through an electronic notification system established by the department. The notice shall describe
the proposed remedial action
and
,
the amount and purpose of any proposed expenditure
, the name and address of the facility that is the subject of the proposed remedial action, a brief description of the proposed remedial action, and information indicating where more information regarding the proposed remedial action may be viewed on the department's Internet Web site. For the purpose of determining the date on which notice is provided under this paragraph, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of notice
. 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.
Section
128
.
299.05 of the statutes is repealed and recreated to read:
299.05
Deadlines for action on certain applications.
(1)
Definition.
In this section, "approval" means a license, registration, or certification specified in sub. (2).
(2)
Deadlines.
(a) The department shall establish periods within which the department intends to approve or disapprove an application for any of the following:
1. A well driller or pump installer registration under s. 280.15 (1).
2. A water system or septage servicing vehicle operator certification under s. 281.17 (3).
3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).
4. A solid waste incinerator operator certification under s. 285.51 (2).
5. A laboratory certification or registration under s. 299.11.
(am) Notwithstanding s. 227.10 (1), the periods established by the department under par. (a) need not be promulgated as rules under ch. 227.
(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:
1. A solid waste disposal facility operator certification under s. 289.42 (1).
2. A hazardous waste transportation license under s. 291.23.
3. A medical waste transportation license under s. 299.51 (3) (c).
(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.
(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.
(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).
(c) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (2).
(3)
Notice of deadline.
Upon receiving an application for an approval, the department shall inform the applicant of the period established under sub. (2) for the license or other approval.
(4)
Permitted extension of deadline.
The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:
(a) Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.
(b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.
(c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.
(d) The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.
Section
129
.
299.17 of the statutes is created to read:
299.17
Web site information.
To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.
Section
130
.
Initial applicability.
(1) The treatment of sections 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), (eg), (er), and (f), (4) (a), and (5) (a) (intro.) and (b) (intro.), 4., and 5., and 30.28 (2v) of the statutes, the renumbering and amendment of section 30.208 (2) of the statutes, and the creation of section 30.208 (2) (d) of the statutes first apply to applications for individual permits or contracts that are submitted on the effective date of this subsection.
(2) The treatment of section 30.209 (2) (e) of the statutes first applies to administrative hearings that are commenced on the effective date of this subsection.
Section
131
.
Effective dates.
This act takes effect on the first day of the 4th month beginning after publication, except as follows:
(1) The treatment of section 30.12 (1k) (b) (intro.) 1., 2., and 3., (c), (cm) (intro.), 1., and 2., (d), and (e) 2. of the statutes takes effect on day after publication.
