SB326-SSA1,33,2524 289.31 (4) (am) 4. Publication of the notice on the department's Internet Web
25site.

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-SSA1,34,76 289.31 (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-SSA1,34,1614 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-SSA1,35,2318 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

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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-SSA1,36,15

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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-SSA1,36,2117 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-SSA1,37,223 291.87 (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

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1the notice on its Internet Web site as required under sub. (6) shall be considered the
2date of notice.

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-SSA1,38,4 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

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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

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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-SSA1,40,12 8299.17 Web site information. To the greatest extent possible, the
9department shall publish on the department's Internet Web site the current status
10of any application filed with the department for a permit, license, or other approval
11under chs. 281 to 285 or 289 to 299. The information shall include notice of any
12hearing scheduled by the department with regard to the application.