1995 Wisconsin Act 227

281.19 (5) If the department finds that a system or plant tends to create a nuisance or menace to health or comfort, it shall order the owner or the person in charge to secure such operating results as the department prescribes, within a specified time. If the order is not complied with, the department may order designated changes in operation, and if necessary, alterations or extension to the system or plant, or a new system or plant. If the department finds that the absence of a municipal system or plant tends to create a nuisance or menace to health or comfort, it may order the city, village, town or town sanitary district embracing the area where such conditions exist to prepare and file complete plans of a corrective system as provided by s. 144.04 281.41, and to construct such system within a specified time.

227,391 Section 391 . 144.025 (2) (s) of the statutes is renumbered 281.19 (7) and amended to read:

281.19 (7) In cases of noncompliance with any order issued under par. (d), (r) sub. (2) or (5) or (u) s. 281.20 (1), the department may take the action directed by the order, and collect the costs thereof from the owner to whom the order was directed. The department shall have all the necessary powers needed to carry out this paragraph subsection including powers granted municipalities under ss. 66.076 and 66.20 to 66.26. It shall also be eligible for financial assistance under ss. 144.21, 144.24, 144.241 281.55, 281.57, 281.58 and 144.2415 281.59.

227,392 Section 392 . 144.025 (2) (t) of the statutes is renumbered 281.17 (8).

227,393 Section 393 . 144.025 (2) (u) of the statutes is renumbered 281.20 (1) and amended to read:

281.20 (1) Under the procedure specified in par. (v) sub. (3), the department may do any of the following:

(a) Order or cause the abatement of pollution which the department, in consultation with the department of agriculture, trade and consumer protection if the source is agricultural, has determined to be significant and caused by a nonpoint source, as defined in s. 144.25 281.65 (2) (b), including pollution which causes the violation of a water quality standard, pollution which significantly impairs aquatic habitat or organisms, pollution which restricts navigation due to sedimentation, pollution which is deleterious to human health or pollution which otherwise significantly impairs water quality, except that under this subdivision paragraph the department may not order or cause the abatement of any pollution caused primarily by animal waste or of pollution from an agricultural source that is located in a priority watershed or priority lake area unless the source is designated as a critical site in a priority watershed or priority lake plan under s. 144.25 281.65 (5m) or a modification to such a plan under s. 144.25 281.65 (5s).

(b) If it provided notice under s. 144.25 281.65 (5w), order the owner or operator of a source that is designated as a critical site in a priority watershed or priority lake plan under s. 144.25 281.65 (5m) or in a modification to such a plan under s. 144.25 281.65 (5s) to implement best management practices, but not with respect to any pollution caused primarily by animal waste.

227,394 Section 394 . 144.025 (2) (v) of the statutes is renumbered 281.20 (3), and 281.20 (3) (a) to (c) and (d) (intro.) and 4., as renumbered, are amended to read:

281.20 (3) (a) 1. If the department determines that it is authorized to issue an order under par. (u) 1. sub. (1) (a) to abate pollution caused by a nonpoint source, the department shall send a written notice of intent to issue the order to abate the pollution to the person whom the department determines to be responsible for the nonpoint source.

2. If the department determines under par. (u) 2. sub. (1) (b) that an owner or operator is required to implement best management practices in a priority watershed or priority lake area, the department shall send a written notice of intent to issue an order to implement the designated best management practices to the owner or operator.

3. The notice of intent to issue an order shall describe the department's findings and intent, and shall include a date by which that person is required to abate the pollution or implement the best management practices. That date shall be at least one year after the date of the notice unless the department determines that the pollution is causing or will cause severe water quality degradation that could be mitigated or prevented by abatement action taken in less than one year. In its determination under this paragraph subsection, the department shall consider the nature of the actual or potential damage caused by the pollution and the feasibility of measures to abate that pollution.

(b) If the nonpoint source that is the subject of a notice under subd. 1. par. (a) is agricultural, the department shall send the notice to the land conservation committee created under s. 92.06 of any county in which the source is located. If the notice is issued under subd. 1. b. par. (a) 2., the land conservation committee may disapprove issuance of an order within 60 days after the department issues the notice of intent to issue the order.

(c) If the nonpoint source which is the subject of a notice under subd. 1. par. (a) is agricultural, the department shall send the notice to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall do all of the following:

1. Upon receipt of the notice and in cooperation with the land conservation committee, provide to the person whom the department has determined to be responsible for the nonpoint source under par. (u) 1. sub. (1) (a) a listing of management practices which, if followed, would reduce pollution to an amount determined to be acceptable by the department, in consultation with either the department of agriculture, trade and consumer protection or the land conservation committee. The list shall, with reasonable limits, set forth all of the options which are available to the person to reduce pollution to that amount of pollution. The department of agriculture, trade and consumer protection shall provide to each person receiving a notice an explanation of financial aids and technical assistance which may be available to the person for the abatement of pollution or the implementation of best management practices from the department of agriculture, trade and consumer protection under s. 92.14 and from other sources.

2. Issue a report to the department within one year after the date of the notice describing the actions taken by the person receiving the notice and a recommendation as to whether the department should issue an order to abate the pollution or implement the best management practices. Notwithstanding subd. 1. par. (a), the department may not issue an order until the department receives that report unless the department determines that the pollution is causing or will cause severe water quality degradation which could be mitigated or prevented by abatement action taken in less than one year and unless the department of agriculture, trade and consumer protection files a concurring determination in writing with the department within 30 days after receiving notice of the department's determination.

(d) (intro.) The department may issue a temporary emergency order prior to issuing a notice under subd. 1. par. (a) if all of the following apply:

4. As soon as practicable after issuing the temporary emergency order, the department issues a written notice of intent to issue an order under subds. 1. and 2. pars. (a) and (b) or rescinds the temporary emergency order.

227,395 Section 395 . 144.025 (2) (w) of the statutes is renumbered 281.20 (5) and amended to read:

281.20 (5) (a) Except as provided in subd. 3. par. (c), if the department issues a notice under par. (v) 1. b. sub. (3) (a) 2., the source is agricultural and no land conservation committee disapproves the proposed order under par. (v) 1m. sub. (3) (b), the owner or operator of the critical site may obtain a review of the proposed order by filing a written request with the land and water conservation board within 60 days after the expiration of the time limit under par. (v) 1m. sub. (3) (b). If the land conservation committee of any county in which a source is located disapproves of a proposed order under par. (v) 1m. sub. (3) (b), the department may obtain a review of that disapproval by filing a written request with the land and water conservation board within 60 days after receiving the decision of the land conservation committee.

(b) The owner or operator of a critical site may request a contested case hearing under ch. 227 to review the decision of the land and water conservation board under subd. 1. par. (a) by filing a written request with the department within 60 days after receiving an adverse decision of the land and water conservation board.

(c) The owner or operator of a critical site who obtains review of the critical site determination under any or all of the review procedures in s. 144.25 281.65 (7) may not obtain review of a proposed order under this paragraph subsection.

227,396 Section 396 . 144.025 (6) of the statutes is renumbered 281.91.

227,397 Section 397 . 144.025 (7) of the statutes is renumbered 281.19 (8), and 281.19 (8) (intro.), as renumbered, is amended to read:

281.19 (8) (intro.) Any owner or other person in interest may secure a review of the necessity for and reasonableness of any order of the department under this section or s. 281.20 in the following manner:

227,398 Section 398 . 144.0252 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 281.22, and 281.22 (1), as renumbered, is amended to read:

281.22 (1) Amount of fees. The department shall charge a fee for determining whether a project complies with the standards of water quality promulgated by rule under s. 144.025 (2) (b) 281.15 that are applicable to wetlands. The fee for each project shall be $100.

227,399 Section 399 . 144.0255 of the statutes is renumbered 281.53, and 281.53 (1), as renumbered, is amended to read:

281.53 (1) The department may award a municipal clean drinking water grant, from the appropriation under s. 20.866 (2) (tb), to a municipality for capital costs to achieve compliance with standards for contaminants established by the department by rule under the safe drinking water program under s. 144.025 (2) (t) 281.17 (8), if the municipality is not in compliance with those standards on or after April 1, 1990, if the municipality incurs the capital costs after January 1, 1989, and if the violation of the standards for contaminants occurs in a public water supply owned by the municipality.

227,400 Section 400 . 144.026 of the statutes is renumbered 281.35, and 281.35 (1) (a), (b) 2. and (i), (3) (b) 3., (4) (a) 2. and 3. and (b) (intro.) and (5) (a) 13. and (d) 2., as renumbered, are amended to read:

281.35 (1) (a) “Approval" means a permit issued under s. 30.18 or an approval under s. 144.025 (2) (e) 281.17 (1) or 144.04 281.41.

(b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c), 144.025 (2) (e), 144.04 or 196.98, 281.17 (1) or 281.41.

(i) “Person" has the meaning given in s. 144.01 (9m) 281.01 (9) and also includes special purpose districts established under s. 66.072, other states and provinces and political subdivisions of other states and provinces.

(3) (b) 3. A person holding a permit under s. 147.02 283.31 or the federal water pollution control act, as amended, 33 USC 1251 to 1376, for whom the department has established a water loss coefficient, based on flow diagrams and other water use information provided by the permittee, that the department uses to calculate the permittee's water loss.

(4) (a) 2. A person who is operating a well under an approval issued under s. 144.025 (2) (e) 281.17 (1) or who is required to obtain an approval under that paragraph before constructing or installing a well.

3. An owner who is operating a system or plant under plans approved under s. 144.04 281.41 or who is required to submit plans and obtain an approval under that section before construction or extension of a proposed system or plant.

(b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 144.025 (2) (e) 281.17 (1) or 144.04 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

(5) (a) 13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 144.025 (2) (a) 281.12 (1) and 147.25 283.83 and the requirements specified in any water quantity resources plan under sub. (8).

(d) 2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under ss. 144.025 (2) (a) 281.12 (1) and 147.25 283.83 and any water quantity resources plan prepared under sub. (8).

227,401 Section 401 . 144.027 of the statutes, as affected by 1993 Wisconsin Act 413 and 1995 Wisconsin Act 27, is renumbered 281.75, and 281.75 (6) (a), (12) (b), (17) (b) and (18), as renumbered, are amended to read:

281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or 2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 144.95 299.11.

(12) (b) If the well is a drilled well, it is constructed by a well driller licensed under ch. 162 280 or, if the well is a sandpoint well, it is constructed by a well driller or pump installer licensed under ch. 162 280.

(17) (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 144.855 293.65 (4).

(18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce finds that the plumber falsified information submitted under this section.

227,402 Section 402 . 144.03 (title) of the statutes is renumbered 281.96 (title).

227,403 Section 403 . 144.03 (1) of the statutes is renumbered 281.96 and amended to read:

281.96 Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under s. 144.025 (2) subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employe of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or employe. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of necessary or essential data.

227,404 Section 404 . 144.03 (2) of the statutes is renumbered 293.86 and amended to read:

293.86 (title) Visitorial powers of department. Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility or nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295 and 299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, or nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.

Note: This provision is duplicated for purposes of nonmetallic mining in s. 295.17 (2).

227,405 Section 405 . 144.04 of the statutes is renumbered 281.41, and 281.41 (1), as renumbered, is amended to read:

281.41 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 281.35 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 281.35 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 281.35 (1) (L), if any, in the form and at the times specified by the department.

227,406 Section 406 . 144.05 of the statutes is renumbered 281.47, and 281.47 (1) (a) and (d), as renumbered, are amended to read:

281.47 (1) (a) When any city, village, town or owner has constructed or constructs a sewage system complying with s. 144.04 281.41, the outflow or effluent from such system may be discharged into any stream or drain constructed pursuant to law, but no such outflow of untreated sewage or effluent from a primary or secondary treatment plant from a city, village, town, town sanitary district or metropolitan sewage district in a county having a population of 240,000 or more, according to the latest U.S. bureau of census figures available including any special census of municipalities within the county, any part of which is located within a drainage basin which drains into a lake of more than 2 square miles and less than 16 square miles in area, shall be discharged directly into, or through any stream, or through any drain, into such a lake located within 18 miles of the system or plant of such city, village, town, town sanitary district or metropolitan sewage district. All necessary construction of plant, system or drains for full compliance with this subsection in the discharge of untreated sewage or sewage effluent from all existing primary or secondary plants shall be completed by September 1, 1970, and the plans for any new system or plant shall include provisions for compliance with this subsection. The department may at any time order and require any owner of an existing plant to prepare and file with it, within a prescribed time, preliminary or final plans or both, for proposed construction to comply with this subsection.

(d) Any person violating this subsection or any order issued in furtherance of compliance therewith shall forfeit to the state not less than $100 nor more than $500 for each violation, failure or refusal. Each day of continued violation is deemed a separate offense. No such penalty shall be invoked during the time that any petition for review of an order is pending under s. 144.025 (7) 281.19 (8) until final disposition thereof by the courts, if judicial review is sought under ch. 227.

227,407 Section 407 . 144.06 of the statutes is renumbered 281.45.

227,408 Section 408 . 144.07 of the statutes is renumbered 281.43.

227,409 Section 409 . 144.08 of the statutes is renumbered 281.49, and 281.49 (1) (b) and (9), as renumbered, are amended to read:

281.49 (1) (b) “Licensed disposer" means a person engaged in servicing, as defined in s. 146.20 281.48 (2) (f), under a license issued under s. 146.20 281.48 (3) (a).

(9) Land disposal not prohibited. This section shall not be construed as a prohibition of the land disposal of septage. The land disposal of septage is governed by s. 146.20 281.48.

227,410 Section 410 . 144.09 of the statutes is renumbered 281.97 and amended to read:

281.97 (title) Enforcement Records; inspection. Records required by the department shall be kept by the owners and the department supplied with certified copies and such other information as it may require. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with. The department of justice shall assist in the enforcement of this chapter.

Note: Department of justice enforcement authority is established in new s. 299.95 [current s. 144.98].

227,411 Section 411 . 144.10 (title) of the statutes is renumbered 281.83 (title).

227,412 Section 412 . 144.10 (1) of the statutes is renumbered 281.81, and 281.81 (intro.) and (1), as renumbered, are amended to read:

281.81 (title) Definitions. (intro.) In this section subchapter:

(1) “International joint commission" has the meaning given in s. 144.026 281.35 (1) (h).

227,413 Section 413 . 144.10 (2) to (4) of the statutes are renumbered 281.83 (1) to (3), and 281.83 (2), as renumbered, is amended to read:

281.83 (2) In selecting projects to perform under this section, the department shall consider the amount of state funds available, the availability of matching funds from federal, private or other sources, the willingness and ability of a responsible person to fund a project, the willingness and ability of a local governmental unit, as defined in s. 144.235 281.51 (1) (c), to undertake or assist in a project, the severity of the environmental contamination that a project will address and the size of the population affected by the contamination.

227,414 Section 414 . 144.11 (title) of the statutes is renumbered 281.85 (title).

227,415 Section 415 . 144.11 (1) of the statutes is repealed.

227,416 Section 416 . 144.11 (2) of the statutes is renumbered 281.85.

227,417 Section 417 . 144.14 (title) of the statutes is repealed.

227,418 Section 418 . 144.14 of the statutes is renumbered 281.17 (6).

227,419 Section 419 . 144.15 (title) of the statutes is repealed.

227,420 Section 420 . 144.15 of the statutes is renumbered 281.17 (7).

227,421 Section 421 . 144.21 of the statutes is renumbered 281.55.

227,422 Section 422 . 144.23 of the statutes is renumbered 281.56, and 281.56 (1), as renumbered, is amended to read:

281.56 (1) The financial assistance program established under this section is to be used only if the applicant is unable to receive assistance in a timely manner from the federal government and supplementary funding program established under s. 144.21 281.55. Receipt of aid under this section makes the applicant ineligible for aid under s. 144.21 281.55.

227,423 Section 423 . 144.235 of the statutes is renumbered 281.51.

227,424 Section 424 . 144.24 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.57, and 281.57 (4) (b) 1. b. and (9m) (a), as renumbered, are amended to read:

281.57 (4) (b) 1. b. A collection system which the department orders under s. 144.07 281.43 (1) notwithstanding the outcome of the annexation referendum under s. 144.07 281.43 (1m). Notwithstanding sub. (7) (a) and any rules promulgated under this section, the department shall award funding under this subd. 1. b. in an amount that totals 60% of all costs of the project, rather than of eligible costs of the project.

(9m) (a) For fiscal year 1989-90, the advance commitment shall include a provision making the reimbursement of engineering design costs conditional on the award or making of a construction grant under this section or a loan under ss. 144.241 281.58 and 144.2415 281.59. If the financial assistance that the municipality receives for construction of a treatment work is a loan, the engineering design cost reimbursement shall be a loan. After June 30, 1990, and before September 1, 1990, the department may enter into an agreement with a municipality to provide engineering design costs under this subsection if the department makes an advance commitment for the reimbursement of those costs before July 1, 1990, and the municipality receives financial assistance under this section and s. 144.2415 281.59 for construction.

227,425 Section 425 . 144.241 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.58, and 281.58 (1) (am), (b) 1. to 4., (c) 3. and (cg) to (e), (2m) (a) and (e), (3m) (a), (6) (a) (intro.) and (b) (intro.), 6. and 8., (7) (a) and (b) (intro.), 1., 2. and 6., (8) (a) (intro.), 4. and 5., (d), (g) to (i) and (L) (intro.), (8m) (a) and (b), (9) (a) to (e), (9m) (a) 2., (c), (e), (f) (intro.) and (g), (12) (a) (intro.) and (c) 1., (13) (b), (13m), (14) (b) (intro.), 1. and 4. and (15) (a) 2., as renumbered, are amended to read:

281.58 (1) (am) “Effluent limitation" has the meaning designated in s. 147.015 283.01 (6).

(b) 1. Those conditions or limitations of a permit under ch. 147 283 which, if violated, could result in the initiation of a civil or criminal action under s. 147.29 283.89.

2. Those provisions of s. 144.025 (2) (r) 281.19 (5) which, if violated could result in a departmental order under s. 144.025 (2) (s) 281.19 (7).

3. If a permit under ch. 147 283 has not been issued, those conditions or limitations which, in the department's judgment, would be included in the permit when issued.

4. If no permit under ch. 147 283 applies, any requirement which the department determines is necessary for the best practicable waste treatment technology to meet applicable criteria.