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LRB-1736/1
ZDW:klm
2017 - 2018 LEGISLATURE
April 24, 2017 - Introduced by Representatives Jacque, Allen, Brandtjen, R.
Brooks
, Knodl and Murphy, cosponsored by Senator Stroebel. Referred to
Committee on Environment and Forestry.
AB264,1,5 1An Act to repeal 299.85 (2) (b), 299.85 (2) (bm) and 299.85 (3m); to amend
2299.85 (2m), 299.85 (3) (intro.), 299.85 (3) (d), 299.85 (3) (e), 299.85 (3) (em),
3299.85 (7) (a) 1., 299.85 (7) (a) 2. and 299.85 (9m) (d); and to create 299.85 (8)
4(g) of the statutes; relating to: time limits for correcting violations found by the
5environmental compliance audit program.
Analysis by the Legislative Reference Bureau
This bill increases the amount of time an entity subject to environmental
requirements has to correct violations found as part of the environmental compliance
audit program administered by the Department of Natural Resources. The amount
of time is increased from 90 days to 180 days for most violations and to 360 days if
the correction involves a pollution prevention modification. This bill also eliminates
the requirement that an entity notify DNR no fewer than 30 days before beginning
an audit and the requirement that proposed compliance schedules be subject to a
public notice and comment period.
This bill also requires DNR and the Department of Justice, in determining
whether to pursue criminal enforcement action for violations revealed by a

compliance audit, to consider whether the violator is a small business stationary
source that has committed a minor violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB264,1 1Section 1. 299.85 (2) (b) of the statutes is repealed.
AB264,2 2Section 2. 299.85 (2) (bm) of the statutes is repealed.
AB264,3 3Section 3. 299.85 (2m) of the statutes is amended to read:
AB264,2,114 299.85 (2m) Consideration of certain violations. Upon the receipt of a notice
5under sub. (2) (b), the
The department shall consider whether the department of
6justice has, within 2 years, filed a suit to enforce an environmental requirement
7because of a violation involving the facility. If the department determines that,
8because of the nature of the violation involved in the suit, participation by the
9regulated entity may damage the integrity of the Environmental Compliance Audit
10Program, the department shall notify the regulated entity that it is not eligible for
11participation.
AB264,4 12Section 4. 299.85 (3) (intro.) of the statutes is amended to read:
AB264,2,2013 299.85 (3) Audit report. (intro.) To participate in the Environmental
14Compliance Audit Program with respect to a facility, the regulated entity that owns
15or operates the facility shall submit a report to the department within 45 days after
16the date of the final written report of findings of the environmental compliance audit
17of the facility. The regulated entity shall complete the environmental compliance
18audit, including the final written report of findings, within 365 days after providing
19the notice under sub. (2) (b).
The report submitted to the department shall include
20all of the following:
AB264,5 21Section 5. 299.85 (3) (d) of the statutes is amended to read:
AB264,3,4
1299.85 (3) (d) A commitment to correct the violations within 90 180 days of
2submitting the report, or within 360 days of submitting the report if the correction
3involves a pollution prevention modification,
or according to a compliance schedule
4approved by the department.
AB264,6 5Section 6. 299.85 (3) (e) of the statutes is amended to read:
AB264,3,126 299.85 (3) (e) If the regulated entity proposes to take more than 90 180 days
7to correct the violations, or more than 360 days if the correction involves a pollution
8prevention modification,
a proposed compliance schedule that contains the shortest
9reasonable periods for correcting the violations, a statement that justifies the
10proposed compliance schedule, and a description of measures that the regulated
11entity will take to minimize the effects of the violations during the period of the
12compliance schedule.
AB264,7 13Section 7. 299.85 (3) (em) of the statutes is amended to read:
AB264,3,1714 299.85 (3) (em) If the regulated entity proposes to take more than 90 180 days
15to correct the violations, or more than 360 days if the correction involves a pollution
16prevention modification,
the proposed stipulated penalties to be imposed if the
17regulated entity fails to comply with the compliance schedule under par. (e).
AB264,8 18Section 8. 299.85 (3m) of the statutes is repealed.
AB264,9 19Section 9. 299.85 (7) (a) 1. of the statutes is amended to read:
AB264,3,2520 299.85 (7) (a) 1. For at least 90 180 days, or at least 360 days if the correction
21involves a pollution prevention modification,
after the department receives a report
22that meets the requirements in sub. (3), this state may not begin a civil action to
23collect forfeitures for violations that are disclosed in the report by a regulated entity
24that qualifies under sub. (2) for participation in the Environmental Compliance
25Audit Program.
AB264,10
1Section 10. 299.85 (7) (a) 2. of the statutes is amended to read:
AB264,4,162 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
3in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
429.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
5(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
6285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
7289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
8295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
9(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
10under sub. (2) for participation in the Environmental Compliance Audit Program
11corrects violations that it discloses in a report that meets the requirements of sub.
12(3) within 90 180 days, or within 360 days if the correction involves a pollution
13prevention modification,
after the department receives the report that meets the
14requirements of sub. (3), the regulated entity may not be required to forfeit more than
15$500 for each violation, regardless of the number of days during which the violation
16continues.
AB264,11 17Section 11. 299.85 (8) (g) of the statutes is created to read:
AB264,4,2018 299.85 (8) (g) That the regulated entity is a small business stationary source,
19as defined in 285.79 (1), that has committed a minor violation, as defined in s. 227.04
20(1) (a).
AB264,12 21Section 12. 299.85 (9m) (d) of the statutes is amended to read:
AB264,5,222 299.85 (9m) (d) The number of regulated entities requiring longer than 90 180
23days, or longer than 360 days if the correction involves a pollution prevention

1modification,
to take corrective action and a description of the stipulated penalties
2associated with the compliance schedules for those corrective actions.
AB264,5,33 (End)
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