Wisconsin Statutes 160.29 – Petitioning for rule making
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 160.29
- Department: when used without qualification, means the department of natural resources. See Wisconsin Statutes 160.01
- Enforcement standard: means a numerical value expressing the concentration of a substance in groundwater which is adopted under ss. See Wisconsin Statutes 160.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Preventive action limit: means a numerical value expressing the concentration of a substance in groundwater which is adopted under…. See Wisconsin Statutes 160.01
- Regulatory agency: means the department of agriculture, trade and consumer protection, the department of safety and professional services, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state. See Wisconsin Statutes 160.01
- Substance: means any solid, liquid, semisolid, dissolved solid or gaseous material, naturally occurring or man-made chemical, parameter for measurement of water quality or biological organism which, in its original form, or as a metabolite or a degradation or waste product, may decrease the quality of groundwater. See Wisconsin Statutes 160.01
(1) Where the department finds that a preventive action limit or an enforcement standard for a substance is, or will be, attained or exceeded at points of standards application at numerous locations, and that adoption or revision of rules under s. 160.19 or 160.21 by the regulatory agency is an appropriate response, the department may submit a petition for rule making to the regulatory agency. The petition shall include all of the following:
(a) The reason for the request for rule making by the department.
(b) The research or monitoring data supporting the finding by the department that the preventive action limit or the enforcement standard for a substance is, or will be, attained or exceeded at the points of standards application.
(c) A recitation of the authority of the regulatory agency to regulate the substance.
(2) Within 120 days after receipt of a petition under this section, the regulatory agency either shall deny the petition in writing or shall submit to the department a proposed timetable for the revision or promulgation of the requested rules and proceed with rule making under subch. II of ch. 227. Failure of the agency to respond to the petition within 120 days constitutes denial of the petition.
(3) Section 227.12 does not apply to petitions under this section.