2017 - 2018 LEGISLATURE
January 29, 2018 - Introduced by Representatives Billings, Nygren, Anderson,
Berceau, E. Brooks, Considine, Crowley, Doyle, Hebl, Hesselbein, Kolste,
Novak, Ohnstad, Pope, Sargent, Shankland, Sinicki, Spreitzer, Subeck, C.
Taylor and Vruwink, cosponsored by Senators Shilling, Bewley, Erpenbach,
Hansen, Ringhand, Vinehout and Miller. Referred to Committee on
Environment and Forestry.
1An Act to create
283.90 of the statutes; relating to: notifying well owners and
2counties of certain water pollution violations, providing an exemption from
3emergency rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, if the Department of Natural Resources finds that the holder
of a Wisconsin Pollutant Discharge Elimination System permit has violated certain
provisions of the permit, DNR must notify the owners of any wells that may be
negatively affected by the violation and the county or counties in which the permit
holder and any wells that may be negatively affected by the violation are located.
The bill requires DNR to provide these notices within 30 days after finding that a
violation has occurred and within 24 hours if DNR determines that the violation
poses a serious risk to public health. The bill also requires DNR to establish, by rule,
procedures for providing the required notice.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
283.90 of the statutes is created to read:
1283.90 Notification of violations.
Whenever on the basis of any information 2
available to it the department finds that a permit holder has violated any of the 3
conditions, terms, or criteria specified in the permit under s. 283.31 (3) to (6), the 4
department shall notify the owners of any wells that may be negatively affected by 5
the violation and the county or counties in which the permit holder and any wells that 6
may be negatively affected by the violation are located. The department shall 7
provide this notice within 30 days after finding that a violation has occurred except 8
that, if the department determines that the violation poses a serious risk to public 9
health, the department shall provide the notice, with the assistance of the applicable 10
county health departments if possible, within 24 hours after finding that a violation 11
has occurred. The department shall establish, by rule, procedures for providing 12
notice under this section.
(1) Using the procedure under section 227.24 of the statutes, the department 15
of natural resources may promulgate rules required under section 283.90 of the 16
statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency 17
rules promulgated under this subsection remain in effect until July 1, 2019, or the 18
date on which permanent rules take effect, whichever is sooner. Notwithstanding 19
section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide 20
evidence that promulgating a rule under this subsection as an emergency rule is 21
necessary for the preservation of the public peace, health, safety, or welfare and is 22
not required to provide a finding of emergency for a rule promulgated under this 23
subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the 24
department is not required to prepare a statement of scope of the rules promulgated
under this subsection and is not required to present the rules promulgated under this 2
subsection to the governor for approval.
This act takes effect on the first day of the 7th month beginning after 5