Water quality and quantity; specific regulations.
Orders; nonpoint source pollution.
Fees for water quality determinations for wetlands.
WATER QUALITY AND QUANTITY;
Navigable waters protection law.
Construction site erosion control and storm water management.
Water resources conservation and management.
WATER AND SEWAGE FACILITIES; SEPTAGE DISPOSAL
Approval of plans.
Joint sewerage systems.
Sewage drains; sewage discharge into certain lakes.
Servicing septic tanks, soil absorption fields, holding tanks, grease traps and privies.
Disposal of septage in municipal sewage systems.
Financial assistance program; local water quality planning.
Municipal clean drinking water grants.
Financial assistance program.
Financial assistance program; sewerage systems.
Financial assistance program; point source pollution abatement.
Clean water fund program; financial assistance.
Environmental improvement fund; financial management.
Land recycling loan program.
Safe drinking water loan program.
Other drinking water quality activities.
Drinking water loan guarantee program.
Financial assistance program; combined sewer overflow abatement.
Financial assistance; nonpoint source water pollution abatement.
Lake management planning grants.
Lake management and classification grants.
Compensation for well contamination.
Damage to water supplies.
GREAT LAKES REMEDIAL ACTION
Remedial action in the Great Lakes and their tributaries.
Great Lakes protection fund share.
GENERAL PROVISIONS; ENFORCEMENT
State agency personnel to report water pollution.
Investigation of alleged water withdrawal violations.
Remedies; water withdrawal violations.
Visitorial powers of department.
Administrative forfeitures for safe drinking water violations.
Ch. 281 Note
NOTE: 1995 Wis. Act 227
renumbered the provisions of chs. 144, 147, 159 and 162, Stats. 1993-94, to be chs. 280-299, Stats. 1995-96. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5.
In this chapter, unless the context requires otherwise:
"Department" means the department of natural resources.
"Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
"Industrial wastes" includes liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.
"Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
"Other wastes" includes all other substances, except industrial wastes and sewage, which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.
"Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.
"Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
"Pollution" includes contaminating or rendering unclean or impure the waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
"Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
"Secretary" means the secretary of natural resources.
"Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12)
, with such surface water or groundwater as may be present.
"Sewerage system" means all structures, conduits and pipe lines by which sewage is collected and disposed of, except plumbing inside and in connection with buildings served, and service pipes from building to street main.
"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283
, or source material, as defined in s. 254.31 (10)
, special nuclear material, as defined in s. 254.31 (11)
, or by-product material, as defined in s. 254.31 (3)
"System or plant" includes water and sewerage systems and sewage and refuse disposal plants.
"Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
"Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.
"Waterworks" or "water system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served, and service pipes from building to street main.
History: 1995 a. 227
A dealer's refusal to sell the manufacturer's products after filing a complaint under sub. (2) (bd) 2. is a violation of that provision, and consequently of sub. (3) (a) 4., entitling the manufacturer to treble damages under sub. (9) (am). American Suzuki Motor Corp. v. Bill Kummer, Inc. 65 F (3d) 1381 (1995).
Statement of policy and purpose.
The department shall serve as the central unit of state government to protect, maintain and improve the quality and management of the waters of the state, ground and surface, public and private. Continued pollution of the waters of the state has aroused widespread public concern. It endangers public health and threatens the general welfare. A comprehensive action program directed at all present and potential sources of water pollution whether home, farm, recreational, municipal, industrial or commercial is needed to protect human life and health, fish and aquatic life, scenic and ecological values and domestic, municipal, recreational, industrial, agricultural and other uses of water. The purpose of this subchapter is to grant necessary powers and to organize a comprehensive program under a single state agency for the enhancement of the quality management and protection of all waters of the state, ground and surface, public and private. To the end that these vital purposes may be accomplished, this subchapter and all rules and orders promulgated under this subchapter shall be liberally construed in favor of the policy objectives set forth in this subchapter. In order to achieve the policy objectives of this subchapter, it is the express policy of the state to mobilize governmental effort and resources at all levels, state, federal and local, allocating such effort and resources to accomplish the greatest result for the people of the state as a whole. Because of the importance of Lakes Superior and Michigan and Green Bay as vast water resource reservoirs, water quality standards for those rivers emptying into Lakes Superior and Michigan and Green Bay shall be as high as is practicable.
History: 1995 a. 227
The supreme court adopts the so-called American rule for liability on use of underground waters. State v. Michels Pipeline Construction, Inc. 63 W (2d) 278, 217 NW (2d) 339, 219 NW (2d) 308.
Supplying of water to its inhabitants by a municipality is not a proprietary function immune from the provisions of ch. 144, because the protection of public health is a matter of state-wide concern over which the legislature may exercise its police powers to insure a healthful water supply. Village of Sussex v. Dept. of Natural Resources, 68 W (2d) 187, 228 NW (2d) 173.
Department regulatory power over wetlands discussed. 68 Atty. Gen. 264.
The public trust doctrine. 59 MLR 787.
Theories of water pollution litigation. Davis, 1971 WLR 738.
Carrying capacity controls for recreation water uses. Kusler, 1973 WLR 1.