SB126,5,4
1299.83 (1) (dg.) 1. Adoption of an environmental policy that includes a
2commitment to compliance with environmental requirements, pollution prevention,
3and continual improvement in environmental performance and that is available to
4the public
.
SB126, s. 6 5Section 6. 299.83 (1) (dg.) 3. of the statutes is amended to read:
SB126,5,86 299.83 (1) (dg.) 3. Plans Establishment and implementation of plans and
7procedures to achieve compliance with environmental requirements and to maintain
8that compliance.
SB126, s. 7 9Section 7. 299.83 (1) (dg.) 5m. of the statutes is created to read:
SB126,5,1210 299.83 (1) (dg.) 5m. Establishment, implementation, and maintenance of
11resources, roles, and responsibilities for establishing, implementing, maintaining,
12and improving the environmental management system.
SB126, s. 8 13Section 8. 299.83 (1) (dg.) 7. of the statutes is amended to read:
SB126,5,1614 299.83 (1) (dg.) 7. An Establishment, implementation, and maintenance of an
15employee training program to develop awareness of and competence to manage
16environmental issues.
SB126, s. 9 17Section 9. 299.83 (1) (dg.) 10g. of the statutes is created to read:
SB126,5,2018 299.83 (1) (dg.) 10g. Establishment, implementation, and maintenance of
19procedures to monitor and measure, on a regular basis, key characteristics of an
20entity's operations that can have a significant environmental impact.
SB126, s. 10 21Section 10. 299.83 (1) (dg.) 10r. of the statutes is created to read:
SB126,5,2422 299.83 (1) (dg.) 10r. Establishment, implementation, and maintenance of
23procedures for periodically evaluating compliance with applicable environmental
24requirements.
SB126, s. 11 25Section 11. 299.83 (1) (f) of the statutes is amended to read:
SB126,6,2
1299.83 (1) (f) "Program" means the Environmental Results Green Tier
2Program under this section.
SB126, s. 12 3Section 12. 299.83 (3) (d) 1. (intro.) and a. of the statutes are consolidated,
4renumbered 299.83 (3) (d) 1. and amended to read:
SB126,6,115 299.83 (3) (d) 1. Demonstrate that it has implemented, or commit itself to
6implementing within one year of the department's approval of its application, an
7environmental management system, for each covered facility or activity, that is all
8of the following: a. In
in compliance with the standards for environmental
9management systems issued by the International Organization for Standardization
10or determined by the department to be a functionally equivalent environmental
11management system.
SB126, s. 13 12Section 13. 299.83 (3) (d) 1. b. of the statutes is repealed.
SB126, s. 14 13Section 14. 299.83 (3) (e) of the statutes is amended to read:
SB126,6,2014 299.83 (3) (e) Waiver of enforcement record requirements. Before January 1,
152007, the
The secretary of natural resources may waive requirements in par. (b) 2.
16or 3. based on the request of an applicant. The department shall provide public notice
17of the request and shall provide at least 30 days for public comment on the request.
18The secretary may not grant a waiver under this paragraph unless he or she finds
19that the waiver is consistent with sub. (1m) and will not erode public confidence in
20the integrity of the program.
SB126, s. 15 21Section 15. 299.83 (4) (c) of the statutes is amended to read:
SB126,7,322 299.83 (4) (c) The department shall approve or deny an application within 60
23days after providing notice under par. (a) or, if the department holds a public
24informational meeting under par. (b), within 60 days after that meeting , unless the
25department and the applicant agree to a longer period
. The department may limit

1the number of participants in tier I of the program, or limit the extent of participation
2by a particular applicant, based on the department's determination that the
3limitation is in the best interest of the program.
SB126, s. 16 4Section 16. 299.83 (4m) (d) of the statutes is amended to read:
SB126,7,75 299.83 (4m) (d) A participant in tier I of the program may use an
6Environmental Results
a Green Tier Program logo selected by the department on
7written materials produced by the participant.
SB126, s. 17 8Section 17. 299.83 (5) (c) 1. (intro.) and a. of the statutes are consolidated,
9renumbered 299.83 (5) (c) 1. and amended to read:
SB126,7,1410 299.83 (5) (c) 1. Demonstrate that it has implemented an environmental
11management system, for each covered facility or activity, that is all of the following:
12a. In
in compliance with the standards for environmental management systems
13issued by the International Organization for Standardization or determined by the
14department to be a functionally equivalent environmental management system.
SB126, s. 18 15Section 18. 299.83 (5) (c) 1. b. of the statutes is repealed.
SB126, s. 19 16Section 19. 299.83 (5) (e) of the statutes is amended to read:
SB126,7,2417 299.83 (5) (e) Waiver of enforcement record requirements. Before January 1,
182007, the
The secretary of natural resources may waive requirements in par. (b) 2.
19or 3. based on the request of an applicant. The department shall provide public notice
20of the request and shall provide at least 30 days for public comment on the request.
21This public comment period may be concurrent with the notice period under sub. (6)
22(c) to (f). The secretary may not grant a waiver under this paragraph unless he or
23she finds that the waiver is consistent with sub. (1m) and will not erode public
24confidence in the integrity of the program.
SB126, s. 20 25Section 20. 299.83 (6) (a) 1. of the statutes is amended to read:
SB126,8,4
1299.83 (6) (a) 1. Describe the involvement of interested persons in developing
2and implementing the proposal for maintaining and improving the applicant's
3superior environmental performance, identify the interested persons, and describe
4the interests that those persons have in the applicant's participation in the program.
SB126, s. 21 5Section 21. 299.83 (6) (j) of the statutes is amended to read:
SB126,8,106 299.83 (6) (j) Participation contract decision. Within 30 days after providing
7notice under par. (h) or, if the department holds a public informational meeting under
8par. (i), within 30 days after that meeting, the department shall decide whether to
9enter into a participation contract with an applicant, unless the applicant and the
10department agree to an extension beyond 30 days.
SB126,8,23 11(jm) Participation contract. 1. In a participation contract, the department shall
12require that the participant maintain the environmental management system
13described in sub. (5) (c) 1. and abide by the commitments in sub. (5) (c) 2. and 3. The
14department shall include in a participation contract a provision that describes how
15the participant will maintain the involvement of interested parties during the term
16of the participation contract.
The department may not reduce the frequency of
17required inspections or monitoring as an incentive in a participation contract if the
18audit under sub. (5) (c) 3. is conducted by a person other than an outside
19environmental auditor. The department shall ensure that the incentives provided
20under a participation contract are proportional to the environmental benefits that
21will be provided by the participant under the participation contract. The department
22shall include in a participation contract remedies that apply if a party fails to comply
23with the participation contract.
SB126,9,4 242. The term of a participation contract may not be less than 3 years or more than
2510 years, with opportunity for renewal for additional terms of the same length as the

1original term upon agreement of the parties. The term of a participation contract
2may not exceed 5 years if the participation contract incorporates, modifies, or
3otherwise affects the terms or conditions of a permit issued under s. 283.31, 283.33,
4or 285.62, unless federal and state law authorize a longer term for the permit.
SB126, s. 22 5Section 22. 299.83 (6) (k) of the statutes is amended to read:
SB126,9,96 299.83 (6) (k) Review of decision. Notwithstanding s. 227.42, there is no right
7to an administrative hearing on the department's decision to enter into a
8participation contract under par. (j) or (L), but the decision is subject to judicial
9review.
SB126, s. 23 10Section 23. 299.83 (6) (L) of the statutes is created to read:
SB126,9,1611 299.83 (6) (L) Alternate process. 1. A person participating in the program
12under s. 299.80 may choose to apply for participation in tier II using the process
13under this paragraph, rather than under pars. (a) to (j), by submitting a letter
14notifying the department of its choice, before the expiration of the cooperative
15agreement under s. 299.80, along with a copy of its most recent performance
16evaluation under s. 299.80 (3) (j).
SB126,9,2517 2. The department shall enter into discussions with a person submitting a
18letter under subd. 1. to develop a proposed participation contract that is based on the
19cooperative agreement under s. 299.80, making the changes necessary to ensure that
20the participation contract complies with par. (jm). For the purposes of par. (jm) 1.,
21if the person agrees to include in the participation contract the measures to maintain
22and improve its environmental performance that were included in the cooperative
23agreement, the operational flexibility and variances granted to the person in the
24cooperative agreement are presumed to be proportional to the environmental
25benefits that will be provided by the participant.
SB126,10,3
13. The department shall provide public notice about a proposed participation
2contract developed under subd. 2. in the area in which each covered facility or activity
3is located or performed.
SB126,10,54 4. After providing public notice under subd. 3., the department may hold a
5public informational meeting about a proposed participation contract.
SB126,10,116 5. The department may enter into a participation contract under this
7paragraph with a person with whom the department has developed a proposed
8participation contract unless significant concerns are raised in comments arising
9from public notice under subd. 3. or from an informational meeting under subd. 4.
10and the person is unable or unwilling to respond to the concerns to the department's
11satisfaction.
SB126, s. 24 12Section 24. 299.83 (6m) (am) of the statutes is created to read:
SB126,10,1613 299.83 (6m) (am) Optional reports of violations. If a participant discovers a
14violation, other than through an audit under sub. (3) (d) 4. or (5) (c) 2. or 3., the
15participant may, no more than 30 days after discovering the violation, submit a
16report to the department that includes all of the following:
SB126,10,1817 1. A description of the violation and the date on which the participant
18discovered the violation.
SB126,10,2019 2. A description of the actions taken or proposed to be taken to correct the
20violation.
SB126,10,2221 3. A commitment to correct the violation within 90 days of submitting the
22report or according to a compliance schedule approved by the department.
SB126,11,423 4. If the participant proposes to take more than 90 days after submitting the
24report to correct the violation, a proposed compliance schedule that contains the
25shortest reasonable periods for correcting the violation, a statement that justifies the

1proposed compliance schedule, a description of measures that the participant will
2take to minimize the effects of the violation during the period of the compliance
3schedule, and proposed stipulated penalties to be imposed if the participant fails to
4comply with the proposed compliance schedule.
SB126,11,65 5. A description of the measures that the participant has taken or will take to
6prevent future violations.
SB126, s. 25 7Section 25. 299.83 (6m) (b) 1. of the statutes is amended to read:
SB126,11,188 299.83 (6m) (b) 1. If the department receives a report under par. (a) or (am) that
9contains a proposed compliance schedule under par. (a) 4. or (am) 4., the department
10shall review the proposed compliance schedule. The department may approve the
11compliance schedule as submitted or propose a different compliance schedule. If the
12participant does not agree to implement a compliance schedule proposed by the
13department, the department shall schedule a meeting with the participant to
14attempt to reach an agreement on a compliance schedule. If the department and the
15participant do not reach an agreement on a compliance schedule, the department
16shall terminate the participation of the participant in the program. If the parties
17agree to a compliance schedule, the participant shall incorporate the compliance
18schedule into its environmental management system.
SB126, s. 26 19Section 26. 299.83 (6m) (b) 2. (intro.) of the statutes is amended to read:
SB126,11,2420 299.83 (6m) (b) 2. (intro.) The department may not approve a compliance
21schedule that extends longer than 12 months beyond the date of approval of the
22compliance schedule, unless the secretary determines that a longer schedule is
23necessary
. The department shall consider the following factors in determining
24whether to approve a compliance schedule:
SB126, s. 27 25Section 27. 299.83 (6m) (c) of the statutes is amended to read:
SB126,12,8
1299.83 (6m) (c) Stipulated penalties. If the department receives a report under
2par. (a) or (am) that contains proposed stipulated penalties under par. (a) 4. or (am)
34.
, the department shall review the proposed stipulated penalties. The department
4may approve the stipulated penalties as submitted or propose different stipulated
5penalties. If the participant does not agree to stipulated penalties proposed by the
6department, the department shall schedule a meeting with the participant to
7attempt to reach an agreement on stipulated penalties. If no agreement is reached,
8there are no stipulated penalties for failure to comply with the compliance schedule.
SB126, s. 28 9Section 28. 299.83 (6m) (d) 1. a. of the statutes is amended to read:
SB126,12,1310 299.83 (6m) (d) 1. a. If a participant in the program corrects violations that are
11disclosed in a report that meets the requirements of par. (a) or (am) within 90 days
12after the department receives the report, this state may not bring a civil action to
13collect forfeitures for the violations.
SB126, s. 29 14Section 29. 299.83 (6m) (d) 2. b. of the statutes is amended to read:
SB126,12,1615 299.83 (6m) (d) 2. b. The department discovers the violation before submission
16of a report that meets the requirement of par. (a) or (am).
SB126, s. 30 17Section 30. 299.83 (7e) (a) of the statutes is amended to read:
SB126,12,2518 299.83 (7e) (a) The department may issue an environmental results charter to
19an association of entities to assist the entities to participate in tier I or tier II of the
20program and to achieve or to take actions that may lead to superior environmental
21performance. An association to which a charter is issued may consist of private
22entities, public entities, or a combination of private and public entities. An
23association to which a charter is issued may be organized on any basis that helps to
24achieve
the entities to participate in tier I or tier II of the program or to take actions
25that may lead to
superior environmental performance.
SB126, s. 31
1Section 31. 299.83 (7m) of the statutes is amended to read:
SB126,13,102 299.83 (7m) Environmental auditors. The department may not approve an
3outside environmental auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the
4outside environmental auditor is certified by the Registrar Accreditation Board
5accredited by an accreditation body that complies with standards of the
6International Organization for Standardization for accreditation bodies
or meets
7criteria concerning education, training, experience, and performance that the
8department determines
are equal equivalent to the criteria in the standards and
9guidance of the
International Organization for Standardization guidance 19011 for
10entities providing audit and certification of environmental management systems
.
SB126, s. 32 11Section 32. 299.83 (8) (h) of the statutes is amended to read:
SB126,13,1612 299.83 (8) (h) The Every even-numbered year, no later than December 15, the
13department shall submit a progress report on the program to the legislature, in the
14manner provided in s. 13.172 (2), no later than May 1, 2007, and every 2 years after
15it submits the first report
governor and, under s. 13.172 (2), to the standing
16committees of the legislature with jurisdiction over environmental matters
.
SB126, s. 33 17Section 33. 299.83 (11) of the statutes is repealed.
SB126, s. 34 18Section 34. 299.85 (title) of the statutes is amended to read:
SB126,13,20 19299.85 (title) Environmental Improvement Compliance Audit
20Program.
SB126, s. 35 21Section 35. 299.85 (2) (intro.) of the statutes is amended to read:
SB126,13,2522 299.85 (2) Requirements for participation. (intro.) A Subject to sub. (2m),
23a
regulated entity qualifies for participation in the Environmental Improvement
24Compliance Audit Program with respect to a facility owned or operated by the
25regulated entity if all of the following apply:
SB126, s. 36
1Section 36. 299.85 (2) (f) of the statutes is renumbered 299.85 (2m) and
2amended to read:
SB126,14,123 299.85 (2m) Consideration of certain violations. At the time of submitting
4a report under sub. (3),
Upon the receipt of a notice under sub. (2) (b), the department
5shall consider whether
the department of justice has not, within 2 years, filed a suit
6to enforce an environmental requirement, and the department or a local
7governmental unit has not, within 2 years, issued a citation to enforce an
8environmental requirement,
because of a violation involving the facility. If the
9department determines that, because of the nature of the violation involved in the
10suit, participation by the regulated entity may damage the integrity of the
11Environmental Compliance Audit Program, the department shall notify the
12regulated entity that it is not eligible for participation.
SB126, s. 37 13Section 37. 299.85 (3) (intro.) of the statutes is amended to read:
SB126,14,2114 299.85 (3) Audit report. (intro.) To participate in the Environmental
15Improvement Compliance Audit Program with respect to a facility, the regulated
16entity that owns or operates the facility shall submit a report to the department
17within 45 days after the date of the final written report of findings of the
18environmental compliance audit of the facility. The regulated entity shall complete
19the environmental compliance audit, including the final written report of findings,
20within 365 days after providing the notice under sub. (2) (b). The report submitted
21to the department shall include all of the following:
SB126, s. 38 22Section 38. 299.85 (4) of the statutes is amended to read:
SB126,15,523 299.85 (4) Environmental compliance audit. A regulated entity does not
24qualify for participation in the Environmental Improvement Compliance Audit
25Program unless the final written report of findings of the environmental compliance

1audit is labeled "environmental compliance audit report," is dated, and, if the
2environmental compliance audit identifies violations, includes a plan for corrective
3action. A regulated entity may use a form developed by the regulated entity, by a
4consultant, or by the department for the final written report of findings of the
5environmental compliance audit.
SB126, s. 39 6Section 39. 299.85 (6) (b) (intro.) of the statutes is amended to read:
SB126,15,117 299.85 (6) (b) (intro.) The department may not approve or issue a compliance
8schedule that extends longer than 12 months beyond the date of approval of the
9compliance schedule, unless the secretary of natural resources determines that a
10longer schedule is necessary
. The department shall consider the following factors in
11determining whether to approve a compliance schedule:
SB126, s. 40 12Section 40. 299.85 (7) (a) 1. and 2. of the statutes are amended to read:
SB126,15,1713 299.85 (7) (a) 1. For at least 90 days after the department receives a report that
14meets the requirements in sub. (3), this state may not begin a civil action to collect
15forfeitures for violations that are disclosed in the report by a regulated entity that
16qualifies under sub. (2) for participation in the Environmental Improvement
17Compliance Audit Program.
SB126,16,518 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
19(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
20(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
21(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
22(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
23291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
241., 295.37 (2), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97
25(1), if a regulated entity that qualifies under sub. (2) for participation in the

1Environmental Improvement Compliance Audit Program corrects violations that it
2discloses in a report that meets the requirements of sub. (3) within 90 days after the
3department receives the report that meets the requirements of sub. (3), the regulated
4entity may not be required to forfeit more than $500 for each violation, regardless
5of the number of days during which the violation continues.
SB126, s. 41 6Section 41. 299.85 (8) (intro.) of the statutes is amended to read:
SB126,16,177 299.85 (8) Consideration of actions by regulated entity. (intro.) If the
8department receives a report that complies with sub. (3) from a regulated entity that
9qualifies under sub. (2) for participation in the Environmental Improvement
10Compliance Audit Program, and the report discloses a potential criminal violation,
11the department and the department of justice shall take into account the diligent
12actions of, and reasonable care taken by, the regulated entity to comply with
13environmental requirements in deciding whether to pursue a criminal enforcement
14action and what penalty should be sought. In determining whether a regulated
15entity acted with due diligence and reasonable care, the department and the
16department of justice shall consider whether the regulated entity has demonstrated
17any of the following:
SB126, s. 42 18Section 42. 299.85 (9m) (intro.) of the statutes is amended to read:
SB126,16,2519 299.85 (9m) Annual report. (intro.) The Every even-numbered year, no later
20than December 15, the
department shall submit an annual a progress report on the
21program under this section to the governor and,
under s. 13.172 (3) concerning the
22Environmental Improvement Program
, to the standing committees of the legislature
23with jurisdiction over environmental matters. The department shall submit the first
24annual report no later than May 1, 2006.
The department shall include all of the
25following in the annual report:
SB126, s. 43
1Section 43. 299.85 (11) of the statutes is repealed.
SB126,17,22 (End)
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