1995 Wisconsin Act 227

227,105 Section 105 . 20.866 (2) (te) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.866 (2) (te) Natural resources; nonpoint source grants. From the capital improvement fund, a sum sufficient for the department of natural resources to provide funds for nonpoint source water pollution abatement projects under s. 144.25 281.65. The state may contract public debt in an amount not to exceed $20,000,000 for this purpose.

227,106 Section 106 . 20.866 (2) (tg) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.866 (2) (tg) Natural resources; environmental repair. From the capital improvement fund, a sum sufficient for the department of natural resources to fund investigations and remedial action under s. 144.442 292.31 and remedial action under s. 144.10 281.83 and for payment of this state's share of environmental repair that is funded under 42 USC 9601 to 9675. The state may contract public debt in an amount not to exceed $31,500,000 for this purpose. Of this amount, $9,000,000 is allocated for remedial action under s. 144.10 281.83.

227,107 Section 107 . 20.866 (2) (tm) of the statutes is amended to read:

20.866 (2) (tm) Natural resources; pollution abatement and sewage collection facilities, ORAP funding. From the capital improvement fund, a sum sufficient to the department of natural resources to acquire, construct, develop, enlarge or improve point source water pollution abatement facilities and sewage collection facilities under ss. 144.21 281.55 and 144.23 281.56. The state may contract public debt in an amount not to exceed $146,850,000 for this purpose. Of this amount, $5,000,000 is allocated for point source water pollution abatement facilities and sewage collection facilities under s. 144.23 281.56.

227,108 Section 108 . 20.866 (2) (tn) of the statutes is amended to read:

20.866 (2) (tn) Natural resources; pollution abatement and sewage collection facilities. From the capital improvement fund, a sum sufficient to the department of natural resources to acquire, construct, develop, enlarge or improve point source water pollution abatement facilities and sewage collection facilities under s. 144.24 281.57 including eligible engineering design costs. Payments may be made from this appropriation for capital improvement expenditures and encumbrances authorized under s. 144.24 281.57 before July 1, 1990, except for reimbursements made under s. 144.24 281.57 (9m) (a). Payments may also be made from this appropriation for expenditures and encumbrances resulting from disputed costs under s. 144.24 281.57 if an appeal of an eligibility determination is filed before July 1, 1990, and the result of the dispute requires additional funds for an eligible project. The state may contract public debt in an amount not to exceed $902,449,800 for this purpose.

227,109 Section 109 . 20.866 (2) (to) of the statutes is amended to read:

20.866 (2) (to) Natural resources; pollution abatement and sewage collection facilities; combined sewer overflow. From the capital improvement fund, a sum sufficient to the department of natural resources to provide funds for the construction of combined sewer overflow projects and for eligible engineering design costs under s. 144.242 281.63. The state may contract public debt in an amount not to exceed $200,600,000 for this purpose. Of this amount, $7,360,000 is allocated to fund the minority business demonstration and training program under s. 66.905.

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.