AB150,1483,222 144.25 (4) (j) A governmental unit may use a grant under this section for
23training required under s. 92.18 or for any other training necessary to prepare
24personnel to perform job duties related to this section. The department may contract
25with any person from the appropriations under s. 20.370 (4) (cc) and (cq) for services

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1to administer or implement this chapter, including information and education and
2training.

AB150,1483,74 144.25 (4) (t) Transfer funds from the appropriation account under s. 20.370
5(4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) at
6the request of the department of agriculture, trade and consumer protection, after
7the land and water conservation board approves the transfer, under s. 92.14 (5) (b).

AB150,1483,119 144.25 (4g) The department may contract with any person from the
10appropriations under s. 20.370 (6) (aa) and (at) for services to administer or
11implement this section, including information and education and training services.

AB150,1483,1613 144.25 (8) (cm) Grants may be provided from the appropriations under s.
1420.370 (4) (cc) and (cq) (6) (aa) and (aq) to applicants for projects affecting priority
15lakes if the projects are in conformance with areawide water quality management
16plans and the purposes specified under sub. (1).

AB150,1483,2218 144.253 (3) (a) Eligible recipients to consist of nonprofit conservation
19organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified
20lake associations, town sanitary districts, public inland lake protection and
21rehabilitation districts and other local governmental units, as defined in s. 66.299
22(1) (a), that are established for the purpose of lake management.

AB150,1484,3

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1144.254 (2) The department may provide a grant under this section for up to
250% of the cost of a lake management project but may not provide more than
3$100,000 per grant.

AB150,1484,145 144.266 (2) State storm water management plan. The department, in
6consultation with the department of industry, labor and human relations
7development, shall promulgate by rule a state storm water management plan. This
8state plan is applicable to activities contracted for or conducted by any agency, as
9defined under s. 227.01 (1) but also including the office of district attorney, unless
10that agency enters into a memorandum of understanding with the department of
11natural resources in which that agency agrees to regulate activities related to storm
12water management. The department shall coordinate the activities of agencies, as
13defined under s. 227.01 (1), in storm water management and make recommendations
14to these agencies concerning activities related to storm water management.

AB150,1484,2516 144.31 (1) (f) (intro.) Prepare and develop one or more comprehensive plans
17for the prevention, abatement and control of air pollution in this state. The
18department thereafter shall be responsible for the revision and implementation of
19the plans. The rules or control strategies submitted to the federal environmental
20protection agency under the federal clean air act for control of atmospheric ozone
21shall conform with the federal clean air act unless, based on the recommendation of
22the natural resources board secretary or the head of the department, as defined in
23s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a
24rule or establishes a control strategy, the governor determines that measures beyond
25those required by the federal clean air act meet any of the following criteria:

AB150,1485,43 144.389 (1) (title) Definitions Definition. In this section: (b) "Major, "major
4utility" has the meaning given under in s. 144.386 (1) (f)

AB150,1485,119 144.391 (1) (b) 1. Except as provided in subd. 2., par. (a) 2. or, sub. (6) or s.
10144.3925 (7), no person may operate a new source or a modified source unless the
11person has an operation permit under s. 144.3925 from the department.

AB150,1485,1713 144.391 (1) (b) 2. A person may continue to operate a new source or a modified
14source for which the department issued a permit under s. 144.392, 1989 stats., on or
15before November 15, 1992, but on which construction, reconstruction, replacement
16or modification began after November 15, 1992, but the person shall apply for an
17operation permit under s. 144.3925 no later than March 1, 1996.

AB150,1485,2219 144.391 (2) (a) Operation permit requirement. Except as provided in sub. (6)
20or s. 144.3925 (7), no person may operate an existing source after the operation
21permit requirement date specified under s. 144.374 (1) unless the person has an
22operation permit under s. 144.3925 from the department.

AB150,1486,1524 144.391 (4m) Permit flexibility. The department shall allow a person to make
25a change to an existing a stationary source that has an operation permit, or for which

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1the person has submitted a timely and complete application for an operation permit,
2for which the department would otherwise first require an operation permit revision,
3without first requiring a revision of the operation permit if the change is not a
4modification, as defined by the department by rule, and the change will not cause the
5existing stationary source to exceed the emissions allowable under the operation
6permit, whether expressed as an emission rate or in terms of total emissions. Except
7in the case of an emergency, a person shall notify the department and, for permits
8required under the federal clean air act, the administrator of the federal
9environmental protection agency in writing at least 21 days before the date on which
10the person proposes to make a change to an existing a stationary source under this
11subsection. A person may not make a proposed change to an existing a stationary
12source if the department informs the person before the end of that 21-day period that
13the proposed change is not a change authorized under this subsection. The
14department shall promulgate rules establishing a shorter time for advance
15notification of changes under this subsection in case of emergency.

AB150,1486,2317 144.3925 (6) (b) The department shall approve or deny the operation permit
18application for a new source or modified source. The department shall issue the
19operation permit for a new source or modified source if the criteria established under
20s. ss. 144.393 and 144.3935 are met. The department shall issue an operation permit
21for a new source or modified source or deny the application within 180 days after the
22permit applicant submits to the department the results of all equipment testing and
23emission monitoring required under the construction permit.

AB150,1487,4 24(7) Operation continued during application. If a person timely submits a
25complete application for an existing a stationary source under sub. (1) and submits

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1any additional information requested by the department within the time set by the
2department, the existing stationary source may not be required to discontinue
3operation and the person may not be prosecuted for lack of an operation permit until
4the department acts under sub. (6).

AB150,1487,12 6144.3935 (title) Criteria for operation permits for existing stationary
7sources. (1) Issuance to sources not in compliance; federal objection. (a)
8Notwithstanding s. 144.393, the department may issue an operation permit for an
9existing a stationary source that does not comply with the requirements in the
10operation permit, in the federal clean air act, in an implementation plan under s.
11144.31 (1) (f) or in s. 144.393 when the operation permit is issued if the operation
12permit includes all of the following:

AB150,1487,1613 1. A compliance schedule that sets forth a series of remedial measures that the
14owner or operator of the existing stationary source must take to comply with the
15requirements with which the existing stationary source is in violation when the
16operation permit is issued.

AB150,1487,2017 2. A requirement that, at least once every 6 months, the owner or operator of
18the existing stationary source submit reports to the department concerning the
19progress in meeting the compliance schedule and the requirements with which the
20existing stationary source is in violation when the operation permit is issued.

AB150,1487,2521 (b) Notwithstanding par. (a) and s. 144.393, the department may not issue an
22operation permit to an existing a stationary source if the federal environmental
23protection agency objects to the issuance of the operation permit as provided in s.
24144.3925 (5m) unless the department revises the operation permit to meet the
25objection.

AB150,1488,62 144.396 (3) (c) The department may renew an operation permit if the criteria
3in ss. 144.393 and 144.3935 are met. Notwithstanding s. 144.3935 (1) (a), the
4department may deny an application for renewal of an operation permit for a
5stationary source if the stationary source is in violation of its current operation
6permit.

AB150,1488,108 144.399 (2) (a) 4. That during 1995 to 1999, no fee is required to be paid under
9this subsection for emissions from any affected unit under listed in Table A of 42 USC
107651c.

AB150,1488,1612 144.399 (2) (am) The department may not charge a major utility fees on
13emissions in excess of 4,000 tons per year of each regulated pollutant beyond the
14amount necessary to recover the fees that would have been charged for any phase I
15affected unit under listed in Table A of 42 USC 7651c owned by that major utility if
16the prohibition in par. (a) 4. did not exist.

AB150,1489,819 144.405 (5) (a) The department shall develop, implement and administer a
20program to provide financial assistance to the owner or operator of a retail station.
21Only the following costs are eligible for reimbursement under the program:1. Costs
22gasoline dispensing facility for costs directly incurred after August 15, 1991, for the
23design, acquisition and installation of a vapor control system necessary for the owner
24or operator to comply with the requirements under sub. (3) rules requiring the
25installation of a vapor control system on those portions of a retail station gasoline

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1dispensing facility located in an ozone nonattainment area with a classification
2under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank
3installed on or before August 15, 1991, or on those portions of a retail station gasoline
4dispensing facility located in an ozone nonattainment area with a classification
5under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank
6installed after August 15, 1991, that does not increase the stationary storage tank
7capacity of the retail station gasoline dispensing facility in existence on August 15,
81991.

AB150,1489,1210 144.405 (5) (d) The department may not award a grant under this subsection
11after June 30, 1995, or the day after publication of the 1995-97 biennial budget act,
12whichever is later December 31, 1995.

AB150,1489,2114 144.424 (1) If the secretary finds that a generalized condition of air pollution
15exists and that it creates an emergency requiring immediate action to protect human
16health or safety, he or she shall issue an order to the persons causing or contributing
17to the air pollution to reduce or discontinue immediately the emission of air
18contaminants, and such the order shall fix a place and time, not later than 24 hours
19thereafter, for a hearing to be held before the department. Not more than 24 hours
20after the commencement of such hearing, and without adjournment thereof, the
21natural resources board shall affirm, modify or set aside the order of the secretary.

AB150,1490,223 144.441 (6m) Report on waste management fund. With its biennial budget
24request to the department of administration under s. 16.42, the natural resources
25board department shall include a report on the fiscal status of the waste

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1management fund and an estimate of the receipts by and expenditures from the fund
2in the current fiscal year and in the future.

AB150,1490,75 144.737 (1) In this section: (b) "Capacity, "capacity assurance plan" means the
6plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste
7generated in this state.

AB150,1490,1210 144.737 (2) (b) Notify the governor and the board of any significant problems
11that occur or may occur in the ability to manage a type of hazardous waste in this
12state and of the need to change the goals in the capacity assurance plan.

AB150,1490,1914 144.737 (2) (c) Each year in which submission of a revised capacity assurance
15plan is required by the federal environmental protection agency, at least 75 days
16before the federal environmental protection agency deadline for submittal, complete
17a draft of a revised capacity assurance plan and provide the draft to the board, the
18governor and the chief clerk of each house of the legislature for distribution under
19s. 13.172 (2).

AB150,1491,221 144.737 (2) (e) Each year in which submission of a revised capacity assurance
22plan is required by the federal environmental protection agency, provide its proposed
23version of the revised capacity assurance plan, no later than 14 days prior to the
24federal environmental protection agency deadline for submittal, to the board, the

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1governor and the chief clerk of each house of the legislature for distribution under
2s. 13.172 (2).

AB150,1491,64 144.76 (2) (e) The department shall report notifications that it receives under
5this subsection related to discharges from regulated storage tanks, as defined in s.
6101.144 (1) (b), to the department of development.

AB150,1491,198 144.76 (2m) Alternatives to immediate notification. (a) For each hazardous
9substance for which a reportable quantity is established under 42 USC 9602 or 42
10USC 11004, the department shall promulgate, by rule, an alternative to immediate
11notification under sub. (2) (a), or an exemption from notification, that applies when
12the amount of the hazardous substance that is discharged is less than the amount
13specified in the rule. The amount specified in a rule under this paragraph for a
14hazardous substance may not be less than the reportable quantity established under
1542 USC 9602 or 42 USC 11004 for that hazardous substance. The department may
16specify an amount greater than the reportable quantity established under 42 USC
179602 or 42 USC 11004 for a hazardous substance only if the department determines
18that the discharge of up to that greater amount of the hazardous substance is not
19likely to harm public health, safety or welfare or the environment.

AB150,1492,220 (b) For a hazardous substance other than a hazardous substance to which par.
21(a) applies, the department may promulgate a rule that provides an alternative to
22immediate notification under sub. (2) (a), or an exemption from notification, that
23applies when the amount of the hazardous substance that is discharged is less than
24an amount specified in the rule. The department may specify an amount of a
25hazardous substance in a rule under this paragraph only if the department

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1determines that the discharge of up to that amount of the hazardous substance is not
2likely to harm public health, safety or welfare or the environment.

AB150,1492,94 144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where
5action required under sub. (3) is not being adequately taken or the identity of the
6person responsible for the discharge is unknown, the department or its authorized
7representative may identify, locate, monitor, contain, remove or dispose of the
8hazardous substance or take any other emergency action which it deems appropriate
9under the circumstances.

AB150,1492,1411 144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department,
12for the protection of public health, safety or welfare, may issue an emergency order
13or a special order to the person possessing, controlling or responsible for the
14discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB150,1492,1816 144.76 (9) (f) A person who possesses or controls a hazardous substance or who
17causes the discharge of a hazardous substance is not required to notify the
18department of the discharge if all of the following apply:

AB150,1492,20191. A reportable quantity is established under 42 USC 9602 or 42 USC 11004
20for the hazardous substance.

AB150,1492,2221 2. The amount of the hazardous substance that is discharged is less than the
22reportable quantity established under 42 USC 9602 or 42 USC 11004.

AB150,1492,2423 3. The department has not, as of the date that the person discovers the
24discharge, promulgated a rule under sub. (2m) that covers the discharge.

AB150,1493,3

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1144.76 (9) (g) A person who possesses or controls a hazardous substance or who
2causes the discharge of a hazardous substance is not required to notify the
3department under sub. (2) (a) of the discharge if all of the following apply:

AB150,1493,54 1. The department has promulgated a rule under sub. (2m) that covers the
5hazardous substance.

AB150,1493,76 2. The amount of the hazardous substance that is discharged is less than the
7amount specified in the rule.

AB150,1493,98 3. The person performs an alternative to immediate reporting if required by the
9rule.

AB150,1493,1010 4. The person takes the actions required by sub. (3).

AB150,1493,23 12144.82 Mine effect responsibility. The department shall serve as the central
13unit of state government to ensure that the air, lands, waters, plants, fish and
14wildlife affected by prospecting or mining in this state will receive the greatest
15practicable degree of protection and reclamation. The administration of
16occupational health and safety laws and rules that apply to mining shall remain
17exclusively the responsibility of the department of industry, labor and human
18relations development. The powers and duties of the geological and natural history
19survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological
20and natural history survey. Nothing in this section prevents the department of
21industry, labor and human relations development and the geological and natural
22history survey from cooperating with the department in the exercise of their
23respective powers and duties.

AB150,1494,10

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1144.833 (3) Approval required prior to drilling. No person may engage in
2radioactive waste site exploration by drilling on a parcel unless notice is provided as
3required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a
4written approval authorizing drilling on that parcel. If the person seeking this
5approval is the federal department of energy or an agent or employe of the federal
6department of energy, the department may not issue the approval unless the
7radioactive waste review board public service commission certifies that the federal
8department of energy and its agents or employes have complied with any
9requirement imposed by the radioactive waste review board public service
10commission under s. 36.50 196.497 or any agreement entered into under that section.

AB150,1494,1512 144.833 (7) (title) Impact on radioactive waste review board public service
13commission. Nothing in this section limits the power or authority of the radioactive
14waste review board public service commission to impose more stringent
15requirements for the negotiation and approval of agreements under s. 36.50 196.497.

AB150,1494,1917 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21
1827.41 (11), within 90 days of the completion of the public hearing record, the
19department shall issue the mining permit if it finds:

AB150,1494,2521 144.9407 (7) (a) Review. The department shall review the nonmetallic mining
22reclamation program programs under this section of in each county and each city,
23village or town that exercises jurisdiction under this section to ascertain compliance
24with this section and the rules promulgated under this section. This review shall
25include all of the following: