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2021 - 2022 LEGISLATURE
February 24, 2021 - Introduced by Senator Jacque, cosponsored by
Representatives Brooks, Knodl, Rozar, Brandtjen, Skowronski and Tusler.
Referred to Committee on Natural Resources and Energy.
SB151,1,5
1An Act to repeal 299.85 (2) (b) and 299.85 (3m);
to amend 299.85 (2) (bm),
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 (1)
4(fm) and 299.85 (8) (g) of the statutes;
relating to: the environmental
5compliance audit program.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the environmental compliance audit
program. Under the program, an entity that is subject to environmental regulations
may limit liability for certain violations by voluntarily submitting an environmental
compliance audit report to the Department of Natural Resources that identifies
violations and identifies corrective actions to be taken.
Under current law, a regulated entity has 90 days to correct violations
identified in the audit. Under the bill, the time that a regulated entity has to correct
violations is 60 days generally, 180 days if the entity is a small business stationary
source, and 360 days if the entity is a small business stationary source and the
corrective action involves a pollution prevention modification.
The bill also eliminates requirements that an entity notify DNR no fewer than
30 days before beginning an audit and that proposed compliance schedules be subject
to a public notice and comment period.
Current law requires DNR and the Department of Justice, in determining
whether to pursue criminal action for violations revealed by a compliance audit
report, to consider various factors. The bill requires DNR and DOJ to also consider
whether the entity 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:
SB151,1
1Section
1. 299.85 (1) (fm) of the statutes is created to read:
SB151,2,32
299.85
(1) (fm) “Small business stationary source” has the meaning given in
3s. 285.79 (1).
SB151,2
4Section 2
. 299.85 (2) (b) of the statutes is repealed.
SB151,3
5Section
3. 299.85 (2) (bm) of the statutes is amended to read:
SB151,2,106
299.85
(2) (bm) The
notice under par. (b) includes a statement regulated entity
7submits a statement, signed by an official of the regulated entity who is responsible
8for environmental compliance, that acknowledges that sub. (7) (a) does not apply to
9violations discovered by the regulated entity before the beginning of the
10environmental compliance audit.
SB151,4
11Section 4
. 299.85 (2m) of the statutes is amended to read:
SB151,2,1912
299.85
(2m) Consideration of certain violations. Upon the receipt of a notice
13under sub. (2) (b), the The department shall consider whether the department of
14justice has, within 2 years, filed a suit to enforce an environmental requirement
15because of a violation involving the facility. If the department determines that,
16because of the nature of the violation involved in the suit, participation by the
17regulated entity may damage the integrity of the Environmental Compliance Audit
18Program, the department shall notify the regulated entity that it is not eligible for
19participation.
SB151,5
20Section 5
. 299.85 (3) (intro.) of the statutes is amended to read:
SB151,3,8
1299.85
(3) Audit report. (intro.) To participate in the Environmental
2Compliance Audit Program with respect to a facility, the regulated entity that owns
3or operates the facility shall submit a report to the department within 45 days after
4the date of the final written report of findings of the environmental compliance audit
5of the facility. The regulated entity shall complete the environmental compliance
6audit, including the final written report of findings, within 365 days after
providing
7the notice submitting the statement under sub. (2)
(b) (bm). The report submitted
8to the department shall include all of the following:
SB151,6
9Section 6
. 299.85 (3) (d) of the statutes is amended to read:
SB151,3,1410
299.85
(3) (d) A commitment to correct the violations within
90 60 days of
11submitting the report
or, if the entity is a small business stationary source, within
12180 days of submitting the report or within 360 days of submitting the report if the
13correction involves a pollution prevention modification, or according to a compliance
14schedule approved by the department.
SB151,7
15Section 7
. 299.85 (3) (e) of the statutes is amended to read:
SB151,3,2316
299.85
(3) (e) If the regulated entity proposes to take more than
90 60 days to
17correct the violations
or, if the entity is a small business stationary source, more than
18180 days or more than 360 days if the correction involves a pollution prevention
19modification, a proposed compliance schedule that contains the shortest reasonable
20periods for correcting the violations, a statement that justifies the proposed
21compliance schedule, and a description of measures that the regulated entity will
22take to minimize the effects of the violations during the period of the compliance
23schedule.
SB151,8
24Section 8
. 299.85 (3) (em) of the statutes is amended to read:
SB151,4,5
1299.85
(3) (em) If the regulated entity proposes to take more than
90 60 days
2to correct the violations
or, if the entity is a small business stationary source, more
3than 180 days or more than 360 days if the correction involves a pollution prevention
4modification, the proposed stipulated penalties to be imposed if the regulated entity
5fails to comply with the compliance schedule under par. (e).
SB151,9
6Section 9
. 299.85 (3m) of the statutes is repealed.
SB151,10
7Section 10
. 299.85 (7) (a) 1. of the statutes is amended to read:
SB151,4,148
299.85
(7) (a) 1. For at least
90
60 days
or, if the entity is a small business
9stationary source, at least 180 days or at least 360 days if the correction involves a
10pollution prevention modification, after the department receives a report that meets
11the requirements in sub. (3), this state may not begin a civil action to collect
12forfeitures for violations that are disclosed in the report by a regulated entity that
13qualifies under sub. (2) for participation in the Environmental Compliance Audit
14Program.
SB151,11
15Section 11
. 299.85 (7) (a) 2. of the statutes is amended to read:
SB151,5,516
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
17in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1829.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
19(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
20285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
21289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
22295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
23(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
24under sub. (2) for participation in the Environmental Compliance Audit Program
25corrects violations that it discloses in a report that meets the requirements of sub.
1(3) within
90 60 days
or, if the entity is a small business stationary source, within 180
2days or within 360 days if the correction involves a pollution prevention modification, 3after the department receives the report that meets the requirements of sub. (3), the
4regulated entity may not be required to forfeit more than $500 for each violation,
5regardless of the number of days during which the violation continues.
SB151,12
6Section 12
. 299.85 (8) (g) of the statutes is created to read:
SB151,5,87
299.85
(8) (g) That the regulated entity is a small business stationary source
8that has committed a minor violation, as defined in s. 227.04 (1) (a).
SB151,13
9Section 13
. 299.85 (9m) (d) of the statutes is amended to read:
SB151,5,1410
299.85
(9m) (d) The number of regulated entities requiring longer than
90 60 11days
or, if the entity is a small business stationary source, longer than 180 days or
12longer than 360 days if the correction involves a pollution prevention modification, 13to take corrective action and a description of the stipulated penalties associated with
14the compliance schedules for those corrective actions.