299.80(8)(b)3.3. Identifies any variances that would be granted under sub. (4) by the proposed action.
299.80(8)(c)(c) The department shall prepare a public notice of a proposed action under par. (a) that does all of the following:
299.80(8)(c)1.1. Briefly describes the facility that is the subject of the proposed action.
299.80(8)(c)2.2. Identifies the proposed action and states whether any variances would be granted under sub. (4) by the proposed action.
299.80(8)(c)3.3. Identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action.
299.80(8)(c)4.4. States that the draft of the proposed action and the fact sheet under par. (b) are available upon request.
299.80(8)(c)5.5. States that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.
299.80(8)(c)6.6. Describes the procedures that the department will use to make a final decision on the proposed action, describes how persons may request public informational meetings, contested case hearings or public hearings and how persons may make requests to appear at those meetings and hearings.
299.80(8)(d)(d) Before the start of the public comment period, the department shall mail the public notice under par. (c) to the applicant or participant, the federal environmental protection agency, the members of the interested persons group established under sub. (5) (b) and all persons who have asked to receive notice of proposed actions under par. (a). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department’s main office, at any other department office in the area of the facility subject to the proposed action and at public libraries in that area. The department shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers and by any other methods that the department determines are effective.
299.80(8)(e)(e) The department shall hold a public informational meeting on a proposed action under par. (a) if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
299.80(9)(9)Effect of cooperative agreement.
299.80(9)(a)(a) For the purposes of chs. 280 to 295, a cooperative agreement entered into under this section is considered to be an approval that is identified under sub. (3) (b) as being replaced by the cooperative agreement.
299.80(9)(b)(b) A provision of an approval that is identified under sub. (3) (b) as being replaced by a cooperative agreement is superseded by the cooperative agreement.
299.80(10)(10)Fees. A participant shall pay the same fees under chs. 280 to 295 that it would be required to pay if it had not entered into a cooperative agreement.
299.80(11)(11)Reporting by participants.
299.80(11)(a)(a) Reports submitted under a cooperative agreement fulfill the reporting requirements under chs. 280 to 295 relating to the facility, activities and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.
299.80(11)(b)(b) A participant shall notify the department before it increases the amount of the discharge or emission of a pollutant from a covered facility and before it begins to discharge or emit a pollutant that it did not discharge or emit from a covered facility when the cooperative agreement was entered into. The notification shall describe any proposed facility expansion, production increase or process modification that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement under sub. (7) in a manner consistent with subs. (2) and (3) or require the participant to obtain an approval if an approval is required under chs. 280 to 295.
299.80(12)(12)Reports of violations. A participant shall submit a report to the department within 45 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain all of the following:
299.80(12)(a)(a) A description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and what was revealed by the performance evaluation.
299.80(12)(b)(b) A description of all violations revealed by the performance evaluation.
299.80(12)(c)(c) A description of the actions taken or proposed to be taken to correct the violations.
299.80(12)(d)(d) A commitment to correct the violations within 90 days of submitting the report or within a compliance schedule approved by the department.
299.80(12)(e)(e) If the participant proposes to take more than 90 days to correct the violations, a proposed compliance schedule that contains the shortest reasonable periods for correcting the violations, a statement that justifies the proposed compliance schedule, a description of measures that the participant will take to minimize the effects of the violations during the period of the compliance schedule and proposed stipulated penalties if the participant violates the compliance schedule.
299.80(12)(f)(f) A description of the measures that the participant has taken or will take to prevent future violations.
299.80(13)(13)Compliance schedules.
299.80(13)(a)(a) If the department receives a report under sub. (12) that contains a proposed compliance schedule under sub. (12) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the participant does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the participant to attempt to reach an agreement on a compliance schedule. If the department and the participant do not reach an agreement on a compliance schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke the cooperative agreement. If the parties agree to a compliance schedule, the department shall amend the cooperative agreement to incorporate the compliance schedule.
299.80(13)(b)(b) The department may not approve a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:
299.80(13)(b)1.1. The environmental and public health consequences of the violations.
299.80(13)(b)2.2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.