227,110
Section 110
. 23.094 (2) (c) 5. of the statutes is amended to read:
23.094 (2) (c) 5. The nonpoint source pollution abatement grant program under s. 144.25 281.65.
227,111
Section 111
. 23.39 (1) and (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:
23.39 (1) The secretary shall designate an attorney in the department as public intervenor. Written notices of all administrative proceedings under chs. 30, 31, 144 and 147 281 to 285 and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29 and 144, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.
(2) (a) With the approval of the public intervenor board the public intervenor shall formally intervene in administrative proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under ch. chs. 29 or 144, 281, 285 or 289 to 299, except s. 281.48. With the approval of the public intervenor board, the public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all administrative proceedings where such intervention is needed for the protection of “public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.
227,112
Section 112
. 23.41 (2) of the statutes is amended to read:
23.41 (2) The department may contract for construction work related to hazardous substance spill response under s. 144.76 292.11 or environmental repair under s. 144.442 292.31 or for engineering services or environmental consultant services in connection with such construction work.
227,113
Section 113
. 23.50 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81 167.10 (3) and, 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
227,114
Section 114
. 23.51 (3c) of the statutes is amended to read:
23.51 (3c) “Environmental assessment" means the assessment imposed under s. 144.992 299.93.
227,115
Section 115
. 23.53 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
227,116
Section 116
. 23.65 (1) of the statutes is amended to read:
23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.421 281.48 (2) to (5), 283.33, 285.57 (2), 144.422 (2), (2m) (c) or (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08 285.59 (2), (3) (c) and (4), 287.07, 287.08 or 159.81 287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.
227,117
Section 117
. 23.65 (3) of the statutes is amended to read:
23.65 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 159.07, 159.08 or 159.81 287.07, 287.08 or 287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350.The district attorney shall be informed of the hearing and may attend.
227,118
Section 118
. 24.60 (2) of the statutes is amended to read:
24.60 (2) “Municipality" means a town, village, city, county, public inland lake protection and rehabilitation district, town sanitary district created under s. 60.71, metropolitan sewerage district created under s. 66.22 or 66.882, joint sewerage system created under s. 144.07 281.43 (4), school district or technical college district.
227,119
Section 119
. 24.61 (3) (a) 8. of the statutes is amended to read:
24.61 (3) (a) 8. A joint sewerage system created under s. 144.07 281.43 (4) for the purpose of exercising its powers under s. 144.07 281.43 (4).
227,120
Section 120
. 24.66 (2p) of the statutes is amended to read:
24.66 (2p) For sewerage districts. Every application for a loan under this section to a sewerage district created under s. 66.22 shall be approved and authorized by a majority of the commissioners of the district; to a sewerage district created under s. 66.882, as provided under s. 66.886 (2) (a); and to a joint sewerage system created under s. 144.07 281.43 (4), as provided under s. 144.07 281.43 (4) (d).
227,121
Section 121
. 25.17 (2) (d) of the statutes is amended to read:
25.17 (2) (d) Invest the clean water fund, and collect the principal and interest of all moneys loaned or invested from the clean water fund, as directed by the department of administration under s. 144.2415 281.59 (2m). In making such investment, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent investment of the fund, including those set forth under ch. 881.
227,122
Section 122
. 25.43 (1) (e) of the statutes is amended to read:
25.43 (1) (e) All repayments of principal and payment of interest on loans made from the clean water fund and on obligations acquired by the department of administration under s. 144.2415 281.59 (12).
227,123
Section 123
. 25.43 (1) (f) of the statutes is amended to read:
25.43 (1) (f) All moneys received by the clean water fund from the proceeds of the sale of general or revenue obligations under ch. 18 for the purpose of s. 20.866 (2) (tc) or 144.2415 281.59 (4).
227,124
Section 124
. 25.43 (1) (g) of the statutes is amended to read:
25.43 (1) (g) All moneys received from the sale of loans made under s. 144.2415 281.59 (2m) (a) 2.
227,125
Section 125
. 25.43 (1) (h) of the statutes is amended to read:
25.43 (1) (h) The fees imposed under s. 144.241 281.58 (9) (d).
227,126
Section 126
. 25.43 (2) (c) of the statutes is amended to read:
25.43 (2) (c) The department of administration may establish and change accounts in the clean water fund other than those under pars. (a) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the program under s. 144.241 281.58 or 144.2415 281.59.
227,127
Section 127
. 25.43 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the clean water fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s) and (t), 20.370 (2) (mt) and (mx), (6) (mu) and (mx) and (8) (mr), 20.505 (1) (v) and (x), 144.241 and 144.2415 281.58 and 281.59.
227,128
Section 128
. 25.45 of the statutes is amended to read:
25.45 Waste management fund. There is established a separate nonlapsible trust fund designated as the waste management fund, to consist of the tonnage fees imposed under s. 144.441 (3), 1989 stats., except for tonnage fees paid by a nonapproved facility, as defined in s. 144.441 (1) (c) 289.01 (24); waste management base fees imposed under s. 144.441 (5), 1989 stats.; and all moneys received or recovered under s. 144.443 289.41 (11) (a) 1., 3. or 4. and (am) 1., 3. and 4. Moneys in the waste management fund shall be used for the purposes specified under s. 144.441 (6) (d) to (h) 289.68 (3) to (6).
227,129
Section 129
. 25.46 (5e) of the statutes is amended to read:
25.46 (5e) All moneys received under s. 144.027 281.75 (16) (d) for environmental repair.
227,130
Section 130
. 25.46 (5m) of the statutes is amended to read:
25.46 (5m) The tonnage fees imposed under s. 144.441 (3) 289.62 (1) that are paid by a nonapproved facility, as defined in s. 144.441 (1) (c) 289.01 (24), for environmental repair.
227,131
Section 131
. 25.46 (6) of the statutes is amended to read:
25.46 (6) The groundwater fees imposed under s. 144.441 (7) 289.63 for groundwater management.
227,132
Section 132
.
25.46 (6m) of the statutes is amended to read:
25.46 (6m) The well compensation fees imposed under s. 144.441 (7) 289.63 for environmental repair.
227,133
Section
133. 25.46 (6r) of the statutes is amended to read:
25.46 (6r) The solid waste capacity fees imposed under ss. 144.441 (7) 289.63 and
144.4412 289.65 for environmental repair.
227,134
Section 134
. 25.46 (7) of the statutes is amended to read:
25.46 (7) The fees imposed under s. 144.442 (1m) 289.67 (1) for environmental repair.
227,135
Section 135
. 25.46 (8) of the statutes is amended to read:
25.46 (8) The fees and surcharges imposed under s. 144.442 (2) and (3) 289.67 (3) and (4) for environmental repair.
227,136
Section 136
. 25.46 (9) of the statutes is amended to read:
25.46 (9) The moneys received from municipalities under s. 144.442 (8) 292.31 (7) (c) for environmental repair.
227,137
Section 137
. 25.46 (10) of the statutes is amended to read:
25.46 (10) The amounts required to be paid into the environmental fund under s. 144.442 (9) 292.31 (8) (g) for environmental repair.
227,138
Section 138
. 25.46 (10m) of the statutes is amended to read:
25.46 (10m) The moneys recovered under s. 144.442 (9m) (e) 292.61 (5) for environmental repair.
227,139
Section 139
. 25.46 (11) of the statutes is amended to read:
25.46 (11) The moneys received from reimbursements under s. 144.76 292.11 (6) (c) 1. for environmental repair.
227,140
Section 140
. 25.46 (12) of the statutes is amended to read:
25.46 (12) The moneys received from the federal government as reimbursement under s. 144.76 292.11 (6) (c) 2. and for purposes related to the hazardous substances spills program, the abandoned container program and the environmental repair of waste facilities.
227,141
Section 141
. 25.46 (13) of the statutes is amended to read:
25.46 (13) The moneys received from reimbursements under s. 144.77 292.41 (6) (c) for the abandoned container program.
227,142
Section 142
. 25.46 (13m) of the statutes is amended to read:
25.46 (13m) The environmental assessments imposed under s. 144.992 299.93 for environmental enforcement, environmental repair and environmental education.
227,143
Section 143
. 25.46 (15) of the statutes is amended to read:
25.46 (15) The fees imposed under s. 146.20 281.48 (4s) (d) for groundwater management.
227,144
Section 144
. 25.46 (16) of the statutes is amended to read:
25.46 (16) The fees imposed under s. 147.033 (1) 283.31 (7) for groundwater management.
227,145
Section 145
. 25.46 (17) of the statutes is amended to read:
25.46 (17) All moneys received from fees under s. 144.442 (1s) 289.67 (2) for environmental repair.
227,146
Section 146
. 25.46 (17m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
25.46 (17m) All moneys received under s. 144.968 292.51 (2) for cooperative remedial action.
227,147
Section 147
. 25.46 (18) of the statutes is amended to read:
25.46 (18) All moneys received under s. 147.23 283.87 or as a settlement to any action initiated or contemplated under s. 147.23 283.87 for environmental repair.
227,148
Section 148
. 25.49 (2) of the statutes is amended to read:
25.49 (2) The fees imposed under s. 159.31 287.31.
227,149
Section 149
. 27.019 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
27.019 (11) Enforce highway littering law. Such committee shall work out plans to enforce the provision of s. 159.81 287.81 (2) (a) prohibiting the depositing of solid waste on or along highways.
227,150
Section 150
. 27.065 (10) (a) of the statutes is amended to read:
27.065 (10) (a) The special improvement bonds herein mentioned shall be equal liens against all lots, parts of lots or parcels of land against which special assessments have been made, without priority one over another, which liens shall take precedence of all other claims or liens thereon, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and when issued shall transfer to the holders thereof all the right, title and interest of such county in and to the assessment made on account of the improvement mentioned therein and the liens thereby created, with full power to enforce the collection thereof by foreclosure in the manner mortgages on real estate are foreclosed. The time of redemption therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed as a part of the judgment roll in said action in lieu of the original thereof.
227,151
Section 151
. 29.05 (8) (a) of the statutes is amended to read:
29.05 (8) (a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or s. 159.81, 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or s. 159.81, 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.
227,152
Section 152
. 29.135 (1) (b) of the statutes is amended to read:
29.135 (1) (b) “Fish" means any processed or unprocessed fish of those species which are found in the waters of this the state as defined in s. 144.01 (19) 281.01 (18), including parts of fish or fish products. “Fish" does not include minnows produced and sold or purchased as bait.
227,153
Section 153
. 29.29 (3) (b) of the statutes is amended to read:
29.29 (3) (b) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life other than authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of natural resources under ch. 144 chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of that
the department. Any such order shall be subject to modification by subsequent orders. Any person violating this paragraph shall forfeit not more than $200. Each day of a continuing violation is a separate offense.
