water and sewage facilities;
septage disposal
(precedes 281.41)
subchapter v
financial assistance
(precedes 281.51)
subchapter vi
compensation
(precedes 281.75)
subchapter vii
great lakes remedial action
(precedes 281.81)
Subchapter VIII
general provisions; enforcement
(precedes 281.91)
281.91 State agency personnel to report water pollution.
281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d) and 281.75 (19), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.
(2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
227,988
Section 988
. Chapter 283 of the statutes is created to read:
Subchapter I
Policy and Purpose
(precedes 283.001)
Subchapter II
Definitions
(precedes 283.01)
283.01 (6m) “Environmental pollution" means the contaminating or rendering unclean or impure the air, land or 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.
Subchapter III
STANDARDS; EFFLUENT LIMITATIONS
(precedes 283.11)
Subchapter IV
PERMITS
(precedes 283.31)
Subchapter V
GENERAL PROVISIONS; ENFORCEMENT
(precedes 283.81)
227,989
Section 989
. Chapter 285 of the statutes is created to read:
Chapter 285
Air Pollution
Subchapter I
DefinitionS
(precedes 285.01)
285.01 Definitions. In this chapter, unless the context requires otherwise:
(3) “Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
(13) “Department" means the department of natural resources.
(21) “Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
(28) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
(33) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
(35) “Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
(38) “Secretary" means the secretary of natural resources.
(39) “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.
(40) “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).
Subchapter II
General Powers and Duties
(precedes 285.11)
285.11 Air pollution control; department duties.
285.13 Air pollution control; department powers.
285.15 Interstate agreement.
Subchapter III
Air quality standards, performance
standards; Emission Limits and
Nonattaintment Areas
(precedes 285.21)
285.21 Ambient air quality standards and increments.
285.27 Performance and emission standards.
(4) Impact of change in federal standards. If the standards of performance for new stationary sources or the emission standards for hazardous air contaminants under the federal clean air act are relaxed, the department shall alter the corresponding state standards unless it finds that the relaxed standards would not provide adequate protection for public health and welfare. This subsection applies to state standards of performance for new stationary sources and emission standards for hazardous air contaminants in effect on April 30, 1980, if the relaxation in the corresponding federal standards occurs after April 30, 1980.
Subchapter iv
Volatile Organic compounds
and mobile sources; Emission
Limits and Standards
(precedes 285.30)
Subchapter V
Sulfur Dioxide and Nitrogen
Oxide Emission Rates and Goals
(precedes 285.41)
Subchapter VI
Waste Incinerators; Ozone
Depleting Substances; Emission
Limits and Other REquirements
(precedes 285.51)
285.51 Solid waste incinerator operator certification.
subchapter vii
Permits and Fees
(precedes 285.60)
subchapter VIII
Miscellaneous
(precedes 285.70)
Subchapter IX
Enforcement; Penalties
(precedes 285.81)
227,990
Section 990
. 287.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
227,991
Section 991
. Chapter 289 of the statutes is created to read:
Chapter 289
Solid Waste Facilities
Subchapter I
Definitions
(precedes 289.01)
289.01 (2) “Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
(7) “Department" means the department of natural resources.
(8) “Environmental pollution" means the contaminating or rendering unclean or impure the air, land or 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.
(9) “Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
(11) “Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
(23) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
(27) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
