Section 487.08. Annual compliance plan review, approval and disapproval process.

 

(1)   Annual compliance plan review. The department shall review each compliance plan submitted under s. NR 487.06 . The department shall notify the covered fleet operator within 120 days of the submittal of the department's decision to approve the plan as submitted, or to conditionally approve the plan or to disapprove the plan.

(2)   Criteria for annual compliance plan approval. The department's criteria for granting approval or conditional approval of the covered fleet operator's annual compliance plan shall include all of the following:

(a) The annual compliance plan is submitted on forms prescribed by the department.

(b) The information on the forms is complete and legible.

(c) The information and data on the forms are accurate.

(d) The annual compliance plan includes sufficient and appropriate information to ensure that the covered fleet operator's new vehicle acquisitions include the number of clean fuel fleet vehicles needed to comply with the requirements under s. NR 487.03 .

(e) The plan contains any other information necessary to demonstrate compliance with the requirements of this chapter.

(3)   Annual compliance approval or conditional approval. If the compliance plan meets the criteria of sub. (2) , the department shall approve the plan as submitted. If the department determines that modifications to the plan are necessary, the department may conditionally approve the plan, provided the covered fleet operator modifies the plan within 60 days according to the recommendations made by the department.

(4)   Annual compliance plan disapproval. If a covered fleet operator submits an annual compliance plan which fails to meet the criteria of sub. (2) , the department may disapprove it and require the submittal of another annual compliance plan within 60 days of the department's disapproval notification. The department shall provide the reasons for all disapprovals in writing to the covered fleet operator. If the resubmitted annual compliance plan fails to meet the criteria of sub. (2) , the department may impose a plan which satisfies the criteria of sub. (2) .

(5)   Annual compliance plan modifications. Covered fleet operators shall notify the department concerning any significant modifications to the department approved annual compliance plan. The department shall determine whether the modifications affect the approval status of the covered fleet operator's annual compliance plan and shall provide a written response within 60 days approving or disapproving of the modifications.

History: Cr. Register, May, 1995, No. 473 , eff. 6-1-95.