August 2009 Environmental Alert Wisconsin Legislature Reauthorizes and Improves Green Tier and Environmental Compliance Audit Programs On July 8, 2009, Governor Jim Doyle signed into law legislation reauthorizing two programs designed to encourage and reward environmental performance: 1. The Green Tier Program (“Green Tier”) promotes “superior environmental performance” by regulated businesses, industries and municipalities, and 2. The Environmental Compliance Audit Program (“Audit Program”) encourages the conduct of environmental audits and provides protection against potential penalties for identified violations. 2009 Wisconsin Act 30 became effective on July 10, 2009, and amended various provisions of Wis. Stat. §§ 299.83 and 299.85. In effect since March 2004, both programs are administered by the Wisconsin Department of Natural Resources (WDNR) and both were scheduled to sunset on July 1, 2009. With overwhelming support from the business, environmental, academic and governmental communities, the Wisconsin legislature determined these two programs serve important environmental policy objectives, eliminated the sunset provisions, and made other program improvements. Are you in compliance and want to do more? Not sure if you in compliance and not sure how to find out? If you have good reason to believe that your facility is meeting its environmental compliance requirements and you want to do more, the Green Tier Program ...
In addition to permanently reauthorizing these programs, Act 30 made the following program
improvements:
Green Tier Program
1.
Renamed the program Green Tier, to reflect the commonly-recognized name, in lieu of the
Environmental Results Program.
2.
Provided additional flexibility:
a.
Made the definition of a “functionally equivalent environmental management system”
more flexible by recognizing that it should be “appropriate to the nature, scale and
environmental impacts” of the entity’s “activities, products and services.”
b.
Continued the ability of the WDNR Secretary to waive enforcement record eligibility
criteria for participation in Tier I and Tier II, if doing so will not erode public
confidence in the integrity of the program.
c.
Authorized the WDNR Secretary to extend a compliance schedule for corrective
action beyond 12 months when deemed necessary.
d.
Added protection for violations discovered and reported by a participant while
operating under the program, but not as a result of conducting an audit.
3.
Confirmed transparency:
a.
Clarified that the environmental policy adopted as part of an environmental
management system is available to the public.
b.
Specified that a Tier II contract contain a provision describing how the participant will
maintain the involvement of interested parties during the term of the contract.
Environmental Compliance Audit Program
1.
Renamed the program the Environmental Compliance Audit Program, to reflect the
commonly-recognized name, in lieu of the Environmental Improvement Program.
2.
Provided additional flexibility:
a.
Removed an impediment to participation: Previously, an entity was not able to utilize
this program if it had been subject to a civil suit by the Wisconsin Department of
Justice (WDOJ), or a citation from WDNR or a local governmental unit in the prior
two years. This language has been changed to eliminate any consideration of
previously issued citations. WDNR is directed to consider whether the entity had
been subject to civil suit by the WDOJ and if so, the nature of that civil suit; if on that
information WDNR determines the entity’s participation would “damage the integrity”
of the Audit Program, WDNR is to notify the entity it is not eligible.
b.
Authorized the WDNR Secretary to extend a compliance schedule for corrective
action beyond 12 months when deemed necessary.
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