SB326-SSA1,27,1412 283.49 (2) (a) Public notice of any hearing held under this section shall be
13circulated provided in accordance with the requirements of s. 283.39 (1) and the
14public notice shall be considered to be provided on the date specified in s. 283.39 (1m)
.
SB326-SSA1, s. 97 15Section 97. 283.53 (1) of the statutes is amended to read:
SB326-SSA1,27,1916 283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall
17have a an initial term for more than 5 years. Upon the request of a permit holder,
18the department may renew the permit for a term of not more than 5 years, subject
19to sub. (3).
SB326-SSA1, s. 98 20Section 98. 283.53 (2) (a) (intro.) of the statutes is amended to read:
SB326-SSA1,27,2321 283.53 (2) (a) (intro.) Any permit issued by the department under s. 283.31 or
22283.33 may, after an opportunity for hearing, be modified, suspended terminated, or
23revoked and reissued, in whole or in part, for cause, including but not limited to:
SB326-SSA1, s. 99 24Section 99. 283.53 (2) (b) of the statutes is amended to read:
SB326-SSA1,28,11
1283.53 (2) (b) Whenever, on the basis of any information available to it, the
2department finds that there is cause for modifying, suspending terminating, or
3revoking and reissuing a permit, in whole or in part, the department shall notify the
4permittee by certified mail or personal service of its intention to modify, suspend
5terminate, or revoke and reissue the permit, in whole or in part, except that if the
6department proposes to modify a permit to authorize a substantial change to a
7nutrient management plan of a concentrated animal feeding operation, the
8department may notify the permittee by electronic mail
. Such notice shall specify
9the information upon which the department relies, and if the department intends to
10modify the permit, shall explain the modifications which the department intends to
11make in the permit.
SB326-SSA1, s. 100 12Section 100. 283.53 (2) (c) of the statutes is amended to read:
SB326-SSA1,28,2413 283.53 (2) (c) The department shall also notify the U.S. environmental
14protection agency, the U.S. army corps of engineers, any affected state, any
15interested agency of this state, and any interested members of the public of its
16intention to modify, suspend terminate, or revoke and reissue a permit. Such notice
17shall incorporate the terms of the notice sent to the permittee and shall be circulated
18provided to members of the public in accordance with s. 283.39 (1), except that if the
19department proposes to modify a permit to authorize a substantial change to a
20nutrient management plan of a concentrated animal feeding operation, the
21department is not required to provide notice of the substantial change under s.
22283.39 (1) (a). The department shall provide a 14-day period, from the date on which
23notice is provided under s. 283.39 (1) (d), for written comments on a proposed
24modification to authorize a substantial change to a nutrient management plan
.
SB326-SSA1, s. 101 25Section 101. 283.53 (2) (d) of the statutes is amended to read:
SB326-SSA1,29,8
1283.53 (2) (d) The department may hold a public hearing on a proposed permit
2modification, suspension termination, or revocation and reissuance if the
3department determines that there is a significant public interest in holding such a
4hearing or upon the petition of 5 or more persons. The petition shall indicate the
5interest of the petitioners and the reasons why a hearing is warranted. A petition
6for a hearing on a proposed permit modification to authorize a substantial change to
7a nutrient management plan of a concentrated animal feeding operation shall be
8filed within 14 days of the date notice is provided under s. 283.39 (1) (d).
SB326-SSA1, s. 102 9Section 102. 283.53 (2) (e) of the statutes is amended to read:
SB326-SSA1,29,1110 283.53 (2) (e) Public notice of any hearing held under this section shall be
11circulated provided in accordance with the requirements of pars. (b) and (c).
SB326-SSA1, s. 103 12Section 103. 283.63 (1) (intro.) of the statutes is amended to read:
SB326-SSA1,29,1913 283.63 (1) (intro.) Any permit applicant, permittee, affected state or 5 or more
14persons may secure a review by the department of any permit denial, modification,
15suspension termination, or revocation and reissuance, the reasonableness of or
16necessity for any term or condition of any issued, reissued or modified permit, any
17proposed thermal effluent limitation established under s. 283.17 or any water
18quality based effluent limitation established under s. 283.13 (5). Such review shall
19be accomplished in the following manner:
SB326-SSA1, s. 104 20Section 104. 283.63 (1) (a) of the statutes is amended to read:
SB326-SSA1,30,421 283.63 (1) (a) A verified petition shall be filed with the secretary setting forth
22specifically the issue sought to be reviewed by the department. Such petition must
23be filed within 60 days after notice of any action which is reviewable under this
24section is issued by the department. The petition shall indicate the interest of the
25petitioners and the reasons why a hearing is warranted. Upon receipt of such

1petitions, the department shall circulate provide a notice of public hearing in
2accordance with the requirements of s. 283.39 (1) at least 10 days prior to holding a
3public hearing thereon. The public notice shall be considered to be provided on the
4date specified in s. 283.39 (1m).
SB326-SSA1, s. 105 5Section 105. 283.63 (1) (b) of the statutes is amended to read:
SB326-SSA1,30,146 283.63 (1) (b) The department shall hold a public hearing at the time and place
7designated in the notice of hearing. At the beginning of each such hearing the
8petitioner shall present evidence to the department which is in support of the
9allegation made in the petition. All interested persons or their representative shall
10be afforded an opportunity to present facts, views or arguments relevant to the issues
11raised by the petitioners, and cross-examination shall be allowed. The department
12shall consider anew all matters concerning the permit denial, modification,
13suspension termination, or revocation and reissuance. No person may be required
14to appear by attorney at any hearing under this section.
SB326-SSA1, s. 106 15Section 106. 285.61 (5) (title) of the statutes is amended to read:
SB326-SSA1,30,1616 285.61 (5) (title) Notice; announcement; newspaper type of notice.
SB326-SSA1, s. 107 17Section 107. 285.61 (5) (c) of the statutes is amended to read:
SB326-SSA1,31,218 285.61 (5) (c) Newspaper Type of notice required. The department shall publish
19a class 1 notice under ch. 985, shall publish notice on its Internet Web site, and shall
20provide notice, upon request, to interested persons,
announcing the opportunity for
21written public comment and the opportunity to request a public hearing on the
22analysis and preliminary determination. The department's notice to interested
23persons may be given through an electronic notification system established by the
24department. For the purpose of determining the date on which notice is provided

1under this subsection, the date on which the department first publishes the notice
2on its Internet Web site shall be considered the date of notice.
SB326-SSA1, s. 108 3Section 108. 285.62 (3) (a) 1g. of the statutes is created to read:
SB326-SSA1,31,44 285.62 (3) (a) 1g. The name and address of the applicant.
SB326-SSA1, s. 109 5Section 109. 285.62 (3) (a) 1m. of the statutes is created to read:
SB326-SSA1,31,76 285.62 (3) (a) 1m. Information indicating where the application may be viewed
7on the department's Internet Web site.
SB326-SSA1, s. 110 8Section 110. 285.62 (3) (c) of the statutes is amended to read:
SB326-SSA1,31,179 285.62 (3) (c) The department shall publish the notice prepared under par. (a)
10as a class 1 notice under ch. 985 in a newspaper published in the area that may be
11affected by emissions from the stationary source, shall publish the notice on its
12Internet Web site, and, upon request, shall provide notice to interested persons. The
13department's notice to interested persons may be given through an electronic
14notification system established by the department. For the purpose of determining
15the date on which public notice is provided under this paragraph, the date on which
16the department first publishes the notice on its Internet Web site shall be considered
17the date of public notice
.
SB326-SSA1, s. 111 18Section 111. 285.63 (11) of the statutes is created to read:
SB326-SSA1,31,2119 285.63 (11) Modeling. The department is not required to use air dispersion
20modeling as a basis for making its findings under subs. (1) to (3) unless required to
21do so under the federal clean air act.
SB326-SSA1, s. 112 22Section 112. 285.76 (2) (a) of the statutes is amended to read:
SB326-SSA1,32,523 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed
24redesignation and request for consultation with the state in a newspaper of general
25circulation in the area that would be affected by the redesignation, as determined

1using standards established by the federal environmental protection agency, and in
2the official state newspaper and provide a written statement concerning the
3proposed redesignation to those newspapers. The notices published under this
4paragraph shall include information on how to locate the redesignation proposal on
5the department's Internet Web site.
SB326-SSA1, s. 113 6Section 113. 285.76 (2) (am) of the statutes is created to read:
SB326-SSA1,32,87 285.76 (2) (am) Publish notice of the proposed redesignation and request for
8consultation with the state on the department's Internet Web site.
SB326-SSA1, s. 114 9Section 114. 285.76 (2) (ar) of the statutes is created to read:
SB326-SSA1,32,1410 285.76 (2) (ar) Provide to interested persons, upon request, notice of the
11proposed redesignation and request for consultation with the state. The notice may
12be given through an electronic notification system established by the department.
13The notice shall include information indicating where the redesignation proposal
14may be viewed on the department's Internet Web site.
SB326-SSA1, s. 115 15Section 115. 285.76 (2m) of the statutes is created to read:
SB326-SSA1,32,1916 285.76 (2m) For the purpose of determining the date on which notice of the
17proposed redesignation and request for consultation with the state is provided under
18sub. (2), the date on which the department first publishes the notice on its Internet
19Web site shall be considered the date of notice.
SB326-SSA1, s. 116 20Section 116. 285.76 (3) of the statutes is amended to read:
SB326-SSA1,33,321 285.76 (3) Within 15 days after receiving notification of the time and place of
22a public hearing under 42 USC 7474 (b) (1) (A) concerning a proposal by an American
23Indian tribal governing body to redesignate an area, the department shall provide
24notice of the time and place of the public hearing in the manner provided in subs. (1)
25and (2) (a) and by publication of the notice on the department's Internet Web site.

1If the department receives notification of a hearing at the same time that it receives
2notification of the proposed redesignation, it shall combine the newspaper notices
3under this subsection with the notices under sub. (2) (a) and (am).
SB326-SSA1, s. 117 4Section 117. 289.25 (3) of the statutes is amended to read:
SB326-SSA1,33,215 289.25 (3) Notification on feasibility report and preliminary environmental
6impact statement decisions.
Immediately after the department issues a preliminary
7determination that an environmental impact statement is not required or, if it is
8required, immediately after the department issues the environmental impact
9statement, the department shall publish a class 1 notice under ch. 985 in the official
10newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper
11likely to give notice in the area of the proposed facility, and shall publish the notice
12on its Internet Web site
. The notice shall include a statement that the feasibility
13report and the environmental impact statement process are complete. The notice
14shall invite the submission of written comments by any person within 30 days after
15the notice for a solid waste disposal facility or within 45 days after the notice for a
16hazardous waste facility is published. The notice shall describe the methods by
17which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The
18department shall distribute copies of the notice to the persons specified under s.
19289.32. For the purpose of determining the date on which notice is published under
20this subsection, the date on which the department first publishes the notice on its
21Internet Web site shall be considered the date of notice.
SB326-SSA1, s. 118 22Section 118. 289.31 (4) of the statutes is renumbered 289.31 (4) (am).
SB326-SSA1, s. 119 23Section 119. 289.31 (4) (am) 4. of the statutes is created to read:
SB326-SSA1,33,2524 289.31 (4) (am) 4. Publication of the notice on the department's Internet Web
25site.
SB326-SSA1, s. 120
1Section 120. 289.31 (4) (am) 5. of the statutes is created to read:
SB326-SSA1,34,42 289.31 (4) (am) 5. Providing notice to interested persons upon request. The
3notice may be given through an electronic notification system established by the
4department.
SB326-SSA1, s. 121 5Section 121. 289.31 (4) (bm) of the statutes is created to read:
SB326-SSA1,34,76 289.31 (4) (bm) The notice provided under par. (am) 1., 3., 4., and 5. shall
7include all of the following:
SB326-SSA1,34,88 1. The name and address of the applicant.
SB326-SSA1,34,109 2. A summary that contains a brief, precise, easily understandable, plain
10language description of the subject matter of the license.
SB326-SSA1,34,1211 3. Information indicating where more information about the subject matter of
12the license may be viewed on the department's Internet Web site.
SB326-SSA1, s. 122 13Section 122. 289.31 (4) (cm) of the statutes is created to read:
SB326-SSA1,34,1614 289.31 (4) (cm) For the purpose of determining the date on which public notice
15is provided under this subsection, the date on which the department first publishes
16the notice on its Internet Web site shall be considered the date of public notice.
SB326-SSA1, s. 123 17Section 123. 289.41 (1m) (g) 1. of the statutes is amended to read:
SB326-SSA1,35,2318 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any
19time at least 40 years after the closing of the facility, to the department for
20termination of the owner's obligation to maintain proof of financial responsibility for
21long-term care of the facility. Upon receipt of an application under this subdivision,
22the department shall publish a class 1 notice under ch. 985 in the official newspaper
23designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give
24notice in the area of the facility, shall publish the notice on its Internet Web site, and
25shall provide the notice, upon request, to interested members of the public. The

1department's notice to interested members of the public may be given through an
2electronic notification system established by the department
. The notice shall
3include a statement that the owner has applied to terminate the owner's obligation
4to maintain proof of financial responsibility for the long-term care of the facility, the
5name and address of the owner, and information indicating where the full text of the
6application may be viewed on the department's Internet Web site
. The notice shall
7invite the submission of written comments by any person within 30 days after the
8notice is published. The notice shall describe the methods by which a hearing may
9be requested under subds. 2. and 3. The department shall distribute a copy of the
10notice to the owner of the facility. In any hearing on the matter, the burden is on the
11owner to prove by a preponderance of the evidence that continuation of the
12requirement to provide proof of financial responsibility for long-term care is not
13necessary for adequate protection of human health or the environment. Within 120
14days after the publication of the notice or within 60 days after any hearing is
15adjourned, whichever is later, the department shall determine whether proof of
16financial responsibility for long-term care of the facility continues to be required.
17For the purpose of determining the date on which notice is provided under this
18subdivision, the date on which the department first publishes the notice on its
19Internet Web site shall be considered the date of notice.
A determination that proof
20of financial responsibility for long-term care is no longer required terminates the
21owner's obligation to maintain proof of financial responsibility for long-term care.
22The owner may not submit another application under this subdivision until at least
235 years after the previous application has been rejected by the department.
SB326-SSA1, s. 124 24Section 124. 291.87 (3) of the statutes is amended to read:
SB326-SSA1,36,15
1291.87 (3) If the licensee requests a hearing within 45 days after receiving the
2notice under sub. (2), the department shall schedule a hearing and give notice of the
3hearing by publishing a class 1 notice, under ch. 985, by publishing the notice on its
4Internet Web site, and, upon request, by providing the notice to interested members
5of the public,
at least 45 days prior to the date scheduled for the hearing. The
6department's notice to interested members of the public may be given through an
7electronic notification system established by the department. For the purpose of
8determining the date on which notice is published under this subsection, the date on
9which the department first publishes the notice on its Internet Web site shall be
10considered the date of notice.
If the licensee requests a contested case hearing and
11if the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department
12shall conduct the hearing as a contested case; otherwise, the department shall
13conduct the hearing as an informational hearing. There is no statutory right to any
14hearing concerning the denial, suspension or revocation of a license for the reasons
15stated under sub. (1m) (b) to (f) except as provided under this subsection.
SB326-SSA1, s. 125 16Section 125. 291.87 (6) (a) of the statutes is amended to read:
SB326-SSA1,36,2117 291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely
18to give notice in the area where the facility is located, publishing the notice on its
19Internet Web site, and, upon request, providing the notice to interested members of
20the public. The department's notice to interested members of the public may be given
21through an electronic notification system established by the department
.
SB326-SSA1, s. 126 22Section 126. 291.87 (6m) of the statutes is created to read:
SB326-SSA1,37,223 291.87 (6m) For the purpose of determining the date on which notice is
24provided under subs. (4) and (5), the date on which the department first publishes

1the notice on its Internet Web site as required under sub. (6) shall be considered the
2date of notice.
SB326-SSA1, s. 127 3Section 127. 292.31 (3) (f) of the statutes is amended to read:
SB326-SSA1,37,254 292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice,
5under ch. 985, shall publish the notice on its Internet Web site, and, upon request,
6shall provide the notice to interested members of the public
, prior to taking remedial
7action under this subsection and subs. (1) and (7), which describes. The department's
8notice to interested members of the public may be given through an electronic
9notification system established by the department. The notice shall describe
the
10proposed remedial action and, the amount and purpose of any proposed expenditure,
11the name and address of the facility that is the subject of the proposed remedial
12action, a brief description of the proposed remedial action, and information
13indicating where more information regarding the proposed remedial action may be
14viewed on the department's Internet Web site. For the purpose of determining the
15date on which notice is provided under this paragraph, the date on which the
16department first publishes the notice on its Internet Web site shall be considered the
17date of notice
. Except as provided under par. (d), the department shall provide a
18hearing to any person who demands a hearing within 30 days after the notice is
19published for the purpose of determining whether the proposed remedial action and
20any expenditure is within the scope of this section and is reasonable in relation to the
21cost of obtaining similar materials and services. The department is not required to
22conduct more than one hearing for the remedial action proposed at a single site or
23facility. Notwithstanding s. 227.42, the hearing shall not be conducted as a contested
24case. The decision of the department to take remedial action under this section is a
25final decision of the agency subject to judicial review under ch. 227.
SB326-SSA1, s. 128
1Section 128. 299.05 of the statutes is repealed and recreated to read:
SB326-SSA1,38,4 2299.05 Deadlines for action on certain applications. (1) Definition. In
3this section, "approval" means a license, registration, or certification specified in sub.
4(2).
SB326-SSA1,38,6 5(2) Deadlines. (a) The department shall establish periods within which the
6department intends to approve or disapprove an application for any of the following:
SB326-SSA1,38,77 1. A well driller or pump installer registration under s. 280.15 (1).
SB326-SSA1,38,98 2. A water system or septage servicing vehicle operator certification under s.
9281.17 (3).
SB326-SSA1,38,1010 3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).
SB326-SSA1,38,1111 4. A solid waste incinerator operator certification under s. 285.51 (2).
SB326-SSA1,38,1212 5. A laboratory certification or registration under s. 299.11.
SB326-SSA1,38,1413 (am) Notwithstanding s. 227.10 (1), the periods established by the department
14under par. (a) need not be promulgated as rules under ch. 227.
SB326-SSA1,38,1715 (b) The department shall approve or disapprove an application for any of the
16following within 30 days from the date on which the department receives the
17application:
SB326-SSA1,38,1818 1. A solid waste disposal facility operator certification under s. 289.42 (1).
SB326-SSA1,38,1919 2. A hazardous waste transportation license under s. 291.23.
SB326-SSA1,38,2020 3. A medical waste transportation license under s. 299.51 (3) (c).
SB326-SSA1,38,2321 (c) The department shall approve or disapprove an application for an oil or gas
22exploration license under s. 295.33 (1) within 60 days from the date on which the
23department receives the application.
SB326-SSA1,39,4 24(2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall
25refund fees paid by the applicant for an approval if the department fails to provide

1the applicant with written notice that the department has approved or disapproved
2the application for the approval, including the specific facts upon which any
3disapproval is based, before the expiration of the period established under sub. (2)
4for the approval.
SB326-SSA1,39,115 (b) Subject to sub. (4), if the department fails to provide the applicant for an
6approval with written notice that the department has approved or disapproved the
7application before the expiration of the period established under sub. (2) for the
8approval, the applicant may choose to proceed under ch. 227 as though the
9department had disapproved the application by providing the department with
10written notice of that choice no later than 45 days after the expiration of the period
11established under sub. (2).
SB326-SSA1,39,1412 (c) The department may not disapprove an application for an approval solely
13because the department is unable to complete its review of the application within the
14period established under sub. (2).
SB326-SSA1,39,17 15(3) Notice of deadline. Upon receiving an application for an approval, the
16department shall inform the applicant of the period established under sub. (2) for the
17license or other approval.
SB326-SSA1,39,20 18(4) Permitted extension of deadline. The department may extend the period
19established under sub. (2) because an application is incomplete if all of the following
20apply:
SB326-SSA1,39,2321 (a) Within 14 days after receiving the application, the department provides
22written notice to the applicant describing specifically the information that must be
23provided to complete the application.
SB326-SSA1,39,2524 (b) The information under par. (a) is directly related to eligibility for the license
25or other approval or to terms or conditions of the license or other approval.
SB326-SSA1,40,3
1(c) The information under par. (a) is necessary to determine whether to approve
2the application or is necessary to determine the terms or conditions of the license or
3other approval.
SB326-SSA1,40,64 (d) The extension is not longer than the period equal to the number of days from
5the day on which the department provides the notice under par. (a) to the day on
6which the department receives the information.
SB326-SSA1, s. 129 7Section 129. 299.17 of the statutes is created to read:
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