299.80(7)(b)1.1. The department may amend a cooperative agreement with the consent of the participant.
299.80(7)(b)2.2. The department may, after an opportunity for a hearing, amend a cooperative agreement for cause, including any of the following:
299.80(7)(b)2.a.a. A change in federal or state environmental laws.
299.80(7)(b)2.b.b. A violation of the cooperative agreement.
299.80(7)(b)2.c.c. Obtaining a cooperative agreement by misrepresentation or failure to fully disclose all relevant information.
299.80(7)(c)(c)
299.80(7)(c)1.1. The department may revoke a cooperative agreement at the request of the participant.
299.80(7)(c)2.2. The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds any of the following:
299.80(7)(c)2.a.a. That the participant is in substantial noncompliance with the cooperative agreement, with an approval that is not replaced by the cooperative agreement or with a provision of chs. 280 to 295 or rules promulgated under those chapters for which the cooperative agreement does not grant a variance.
299.80(7)(c)2.b.b. That the participant has refused the department’s request to amend the cooperative agreement.
299.80(7)(c)2.c.c. That the participant is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement.
299.80(7)(c)2.d.d. That the participant has not satisfactorily addressed a substantive issue raised by a majority of the members of the interested persons group, established under sub. (5) (b), within a reasonable time after receiving notice of the issue.
299.80(7)(c)3.3. If the department revokes a cooperative agreement, it shall do all of the following in a written revocation decision:
299.80(7)(c)3.a.a. Delay any compliance deadlines established in the cooperative agreement if a delay is necessary to provide the participant with a reasonable amount of time to obtain approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.
299.80(7)(c)3.b.b. Establish practical interim requirements, that do not allow pollution in excess of that allowed under chs. 280 to 295 at the time that the cooperative agreement was entered into, to replace specified requirements of the cooperative agreement until the department issues the approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.
299.80(7)(c)4.4. A participant shall comply with the department’s revocation decision and with all requirements of the cooperative agreement for which the department does not establish interim requirements until the department issues the approvals required under chs. 280 to 295 that were replaced by the cooperative agreement.
299.80(7)(d)(d) A final decision under par. (b) or (c) is subject to review under ch. 227.
299.80(8)(8)Public notice; meetings.
299.80(8)(a)(a) The department shall provide at least 30 days for public comment on the proposed issuance, amendment or revocation of a cooperative agreement.
299.80(8)(b)(b) Before the start of the public comment period under par. (a), the department shall prepare a draft of the cooperative agreement, cooperative agreement amendment or notice of cooperative agreement revocation and a fact sheet that does all of the following:
299.80(8)(b)1.1. Briefly describes the principal facts and the significant factual, legal, methodological and policy questions considered by the department.
299.80(8)(b)2.2. Briefly describes how the proposed action is consistent with subs. (2) and (3).
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.