1995 Wisconsin Act 227

(3) (a) The standards established under sub. (2) (a) 1. s. 295.12 (1) (a) and, except as provided in subd. 2. par. (b), a nonmetallic mining reclamation ordinance apply to nonmetallic mining conducted by or on behalf of the state or a municipality. Notwithstanding s. 13.48 (13), nonmetallic mining operated for the benefit or use of the state or any state agency, board, commission or department shall comply with the permit requirements and nonmetallic mining reclamation standards of any applicable nonmetallic mining reclamation ordinance.

(4) Exempt activities. (intro.) A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. s. 295.12 (1) (a) do not apply to the following activities:

(f) Any mining operation, the reclamation of which is required in a permit obtained under ss. 144.80 to 144.94 ch. 293.

(g) Any activities conducted at a solid waste or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under ss. 144.435 to 144.445 subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ss. 144.60 to 144.74 ch. 291, but a nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. s. 295.12 (1) (a) apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not part of the solid waste or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

227,807 Section 807 . 144.9407 (6) (title) of the statutes is renumbered 295.17 (title).

227,808 Section 808 . 144.9407 (6) of the statutes is renumbered 295.17 (1).

227,809 Section 809 . 144.9407 (7) of the statutes is renumbered 295.18, and 295.18 (1) (intro.), (b) and (c) and (2) to (4), as renumbered, are amended to read:

295.18 (1) Review. (intro.) The department shall review the nonmetallic mining reclamation program under this section subchapter of each county and each city, village or town that exercises jurisdiction under this section subchapter to ascertain compliance with this section subchapter and the rules promulgated under this section subchapter. This review shall include all of the following:

(b) Verification, by on-site inspections, of county, city, village or town compliance with this section subchapter and rules promulgated under this section subchapter.

(c) A written determination by the department, issued every 3 years, of whether or not the county, city, village or town is in compliance with this section subchapter and rules promulgated under this section subchapter.

(2) Noncompliance; hearing. If the department determines under par. (a) sub. (1) that a county, city, village or town is not in compliance with this section subchapter and rules promulgated under this section subchapter, the department shall conduct a hearing, after 30 days' notice, in the county, city, village or town. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance with this section subchapter and rules promulgated under this section subchapter.

(3) Municipal noncompliance; consequences. If the department determines under par. (b) sub. (2) that a city, village or town is not in compliance with this section subchapter and rules promulgated under this section subchapter, the city, village or town may not administer the nonmetallic mining reclamation program. The county nonmetallic mining reclamation ordinance applies to that city, village or town and the county shall administer the nonmetallic mining reclamation program in that city, village or town. The city, village or town may apply to the department to resume its authority to administer the nonmetallic mining reclamation program, but not sooner than 3 years after the department issues a decision under par. (b) sub. (2). The department, after a hearing, may approve the city, village or town request to administer the nonmetallic mining reclamation program if the city, village or town demonstrates the capacity to comply with this section subchapter and rules promulgated under this section subchapter.

(4) County noncompliance; consequences. If the department determines under par. (b) sub. (2) that a county is not in compliance with this section subchapter and rules promulgated under this section subchapter, the department shall administer the nonmetallic mining reclamation program in that county, including the collection of fees, review and approval of plans, inspection of nonmetallic mining sites and enforcement. The county may apply to the department at any time to resume administration of the nonmetallic mining reclamation program. The department, after a hearing, may approve the county request to administer the nonmetallic mining reclamation program if the county demonstrates the capacity to comply with this section subchapter and rules promulgated under this section subchapter. No city, village or town may enact an ordinance under sub. (4) s. 295.14 during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.

227,810 Section 810 . 144.9407 (8) of the statutes is renumbered 295.19, and 295.19 (1) (c), (2) and (3), as renumbered, are amended to read:

295.19 (1) (c) Issue a special order directing the immediate cessation of an activity regulated under this section subchapter until the necessary plan approval is obtained or until the nonmetallic mining site complies with the nonmetallic mining reclamation ordinance.

(2) Department orders. The department may issue a special order directing the immediate cessation of an activity regulated under this section subchapter until the nonmetallic mining site complies with the nonmetallic mining reclamation standards established under sub. (2) (a) 1. s. 295.12 (1) (a).

(3) Penalties. (a) Any person who violates the rules promulgated under sub. (2) (a) 1. s. 295.12 (1) (a) or an order issued under par. (b) sub. (2) may be required to forfeit not less than $25 nor more than $1,000 for each violation. Each day of continued violation is a separate offense. While an order issued under this section subchapter is suspended, stayed or enjoined, this penalty does not accrue.

227,811 Section 811 . 144.9407 (9) of the statutes is renumbered 295.20, and 295.20 (1) and (3) (intro.) and (a), as renumbered, are amended to read:

295.20 (1) Registration. Beginning on June 1, 1994, a landowner may register land owned by that person with each county in which the land is located if the land has an economically viable nonmetallic mineral deposit. The registration shall delineate the nonmetallic mineral deposit and the necessary buffer areas under the nonmetallic mining reclamation ordinance. The landowner, as a condition of registration, shall submit evidence that a notation of the registration has been recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit or buffer area is located. A registration under this paragraph subsection may not be rescinded by the county or the landowner or his or her successors or assigns.

(3) Exceptions. (intro.) Nothing in this subsection section shall be construed to prohibit the following:

(a) A use of land permissible under a zoning ordinance on the day before a mineral deposit or buffer area is registered under par. (a) sub. (1).

227,812 Section 812 . Subchapter VI (title) of chapter 144 [precedes 144.941] of the statutes is renumbered subchapter II (title) of chapter 295 [precedes 295.31].

227,813 Section 813 . 144.941 (intro.), (1), (1g), (1m), (1s), (2) and (3) of the statutes are renumbered 295.31 (intro.), (2), (3), (4), (6), (7) and (8m), and 295.31 (intro.), as renumbered, is amended to read:

295.31 Definitions; oil and gas. (intro.) In ss. 144.941 to 144.944 this subchapter:

227,814 Section 814 . 144.942 of the statutes is renumbered 295.33.

227,815 Section 815 . 144.943 of the statutes is renumbered 295.35, and 295.35 (1) (b) and (d) and (5) (a), as renumbered, are amended to read:

295.35 (1) (b) Submit any information necessary for the department to determine whether the proposed exploration, production and site reclamation will comply with ss. 144.941 to 144.944 this subchapter and rules promulgated under those sections this subchapter.

(d) File with the department a bond conditioned on the faithful performance of all of the requirements of ss. 144.941 to 144.944 this subchapter and rules promulgated under those sections this subchapter.

(5) (a) That the applicant has violated and continues to fail to comply with ss. 144.941 to 144.944 this subchapter or any rule promulgated under those sections this subchapter.

227,816 Section 816 . 144.944 of the statutes is renumbered 295.37 and amended to read:

295.37 Penalties; oil and gas. (1) Any person who makes or causes to be made in an application or report required under ss. 144.941 to 144.944 this subchapter a statement known to the person to be false or misleading in any material respect or who refuses to submit information required by the department under ss. 144.941 to 144.944 this subchapter may be fined not less than $1,000 nor more than $5,000.

(2) Any person who violates ss. 144.941 to 144.944 this subchapter or any order issued or rule promulgated under ss. 144.941 to 144.944 this subchapter may be required to forfeit not less than $1,000 nor more than $10,000 for each violation. Each day of violation is a separate offense.

(3) (a) If a person makes or causes to be made in an application or report required under ss. 144.941 to 144.944 this subchapter a statement known to the person to be false or misleading and that statement is material to the issuance of an exploration or production license, the department may revoke the license. If a person holding an exploration or production license repeatedly makes or causes to be made in an application or report required under ss. 144.941 to 144.944 this subchapter a statement known to the person to be false or misleading in any material respect or refuses to submit information required by the department under ss. 144.941 to 144.944 this subchapter, the department may revoke the license.

(b) If a person holding an exploration or production license continues to violate ss. 144.941 to 144.944 this subchapter after the department has issued an order to cease those violations, the department shall revoke the license.

(4) Any oil or gas produced in violation of ss. 144.941 to 144.944 this subchapter or any order issued or rule promulgated under ss. 144.941 to 144.944 this subchapter, or any product manufactured from that oil or gas, is subject to confiscation. The department may seize that oil, gas or products and request the department of justice to commence an action to confiscate the oil, gas or products.

227,817 Section 817 . Subchapter VII (title) of chapter 144 [precedes 144.95] of the statutes is repealed.

227,818 Section 818 . 144.95 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.11, and 299.11 (1) (d) 1. to 4., 6. and 8. and (7) (b) 1., as renumbered, are amended to read:

299.11 (1) (d) 1. A feasibility report, plan of operation or the condition of any license issued for a solid waste facility under s. 144.44 (2), (3) and (4) subch. III of ch. 289, or hazardous waste facility under s. 144.64 (2) (am) and (b) 291.25 (2) and (3).

2. An application for a mining permit under s. 144.85 (3) 293.37 (2).

3. Monitoring required by terms and conditions of a permit issued under ch. 147 283.

4. The replacement of a well or provision of alternative water supplies under s. 144.027 281.75 or 144.265 281.77.

6. The management or enforcement of the safe drinking water program under s. 144.025 (2) (t) or 162.03 280.13 (1) (b) and (d) or 281.17 (8).

8. An investigation of a discharge of a hazardous substance under s. 144.76 292.11.

(7) (b) 1. `Accepted methodology.' The department shall prescribe by rule the accepted methodology to be followed in conducting tests in each test category. The department may prescribe by rule accepted sampling protocols and documentation procedures for a specified test category to be followed by the person collecting the samples. The department may prescribe this methodology by reference to standards established by technical societies and organizations as authorized under s. 227.21 (2). The department shall attempt to prescribe this methodology so that it is consistent with any methodology requirements under the resource conservation and recovery act, as defined under s. 144.43 (4g) 289.01 (30), the federal water pollution control act, as amended, 33 USC 1251 to 1376, the safe drinking water act, 42 USC 300f to 300j-10, or the toxic substance control act, 15 USC 2601 to 2629.

227,819 Section 819 . 144.951 of the statutes is renumbered 299.31.

227,820 Section 820 . 144.955 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.13, and 299.13 (1) (d) and (g), as renumbered, are amended to read:

299.13 (1) (d) “Hazardous waste" has the meaning given in s. 144.43 (2) 289.01 (12).

(g) “Toxic pollutants" has the meaning given in s. 147.015 283.01 (17).

227,821 Section 821 . Subchapter VIII (title) of chapter 144 [precedes 144.96] of the statutes is repealed.

227,822 Section 822 . 144.96 of the statutes is renumbered 299.15, and 299.15 (3) (am) 3., as renumbered, is amended to read:

299.15 (3) (am) 3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under s. 147.02 283.31. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under s. 147.02 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.

227,823 Section 823 . 144.965 of the statutes is renumbered 299.21.

227,824 Section 824 . 144.968 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 292.51.

227,825 Section 825 . 144.97 of the statutes is renumbered 299.23 and amended to read:

299.23 Financial interest prohibited. The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.

227,826 Section 826 . 144.975 of the statutes is renumbered 299.91 and amended to read:

299.91 Hearings; procedure; review. The department shall hold a public hearing relating to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants. The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of the order and all proceedings on the part of the complainants shall be stayed until the security is filed. The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to the last-known post-office address at least 20 days prior to the time set for the hearing. The hearing shall be held not later than 90 days after the filing of the complaint. The respondent shall file a verified answer to the complaint with the department and serve a copy on the person designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown. For purposes of any hearing under this section the hearing examiner may issue subpoenas and administer oaths. Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under ch. 227. If the department determines that any complaint was filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover the expenses of the hearing in a civil action. Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require clean-up action if it already existed, shall be considered potential environmental pollution. This section does not apply to any part of the process for approving a feasibility report, plan of operation or license under s. 144.44 subch. III of ch. 289 or 144.64 s. 291.23 or 291.25.

227,827 Section 827 . 144.976 of the statutes is renumbered 281.94, and 281.94 (1), as renumbered, is amended to read:

281.94 (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal, as defined under s. 144.026 281.35 (1) (m), alleged to be in violation of s. 144.026 281.35 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (3) (a) or (4) to (6) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

227,828 Section 828 . 144.977 of the statutes is renumbered 281.95 and amended to read:

281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal, as defined under s. 144.026 281.35 (1) (m), in violation of s. 144.026 281.35 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (3) (a) or (4) to (6) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal, as defined under s. 144.026 281.35 (1) (m), which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.

227,829 Section 829 . 144.98 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.95 and amended to read:

299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 144.421 and 144.422 281.48, 285.57 and 285.59, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422 281.48, 285.57 and 285.59. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

227,830 Section 830 . 144.99 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.97, and 299.97 (1), as renumbered, is amended to read:

299.97 (1) Any person who violates this chapter, except ss. 144.30 to 144.426, 144.48 (4) (b), 144.941 to 144.944 and 144.96 s. 299.15 (1), 299.51 (4) (b) or 299.53 (2) (a) or (3), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

227,831 Section 831 . 144.992 of the statutes is renumbered 299.93, and 299.93 (1), as renumbered, is amended to read:

299.93 (1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter, ch. 147 or 162 or s. 146.20 or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter, ch. 147 or 162 or s. 146.20 or chs. 280 to 285 or 289 to 295, the court shall impose an environmental assessment equal to 10% of the amount of the fine or forfeiture.

227,832 Section 832 . 144.995 of the statutes is renumbered 299.33, and 299.33 (8), as renumbered, is amended to read:

299.33 (8) Exclusion. This section does not apply to any action or other proceeding for injury or threatened injury to property or person caused by a publicly owned treatment work operated under a permit for the discharge of pollutants issued by the department under s. 147.02 283.31.

227,833 Section 833 . 145.01 (10) (d) of the statutes is amended to read:

145.01 (10) (d) The water pressure system other than municipal systems as provided in ch. 144 281.

Note: The cross-reference to ch. 144 is overly inclusive. Only current subch. II of ch. 144 relates to DNR regulation of municipal water systems. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 281.

227,834 Section 834 . 145.01 (17) of the statutes is amended to read:

145.01 (17) Waters of the state. “ Waters of the state" has the meaning specified under s. 144.01 (19) 281.01 (18).

227,835 Section 835 . 145.06 (4) (b) of the statutes is amended to read:

145.06 (4) (b) Plumbing from the private water supply pump to and including the initial pressure tank and connection to an existing water distribution system, when installed by persons licensed under ch. 162 280.

227,836 Section 836 . 145.06 (4) (e) of the statutes is amended to read:

145.06 (4) (e) Installation of sewer and water mains, as defined in ch. 144, when installed by sewer and water utility contractors and their employes.

Note: The term “sewer and water mains" is not defined in ch. 144. Because these are not technical terms, no definition appears to be necessary. If any further elaboration of the regulatory scope of this provision is necessary, it can be done by the department of commerce, by rule.

227,837 Section 837 . 145.20 (3) (d) of the statutes is amended to read:

145.20 (3) (d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private sewage systems and employes and persons licensed under this chapter and s. 146.20 281.48 and certified as operators of septage servicing vehicles under s. 144.025 (2) (L) 281.17 (3) to improve the delivery of service under the private sewage system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

227,838 Section 838 . 145.245 (1) (a) 2. of the statutes is amended to read:

145.245 (1) (a) 2. A written enforcement order issued under s. 144.025 (2) (d), 145.02 (3) (f) or, 145.20 (2) (f) or 281.19 (2).

227,839 Section 839 . 145.245 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 146.20 281.48 or by an employe of the state or governmental unit designated by the department. The department of natural resources may suspend or revoke a license issued under s. 146.20 281.48 or a certificate issued under s. 144.025 (2) (L) 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

227,840 Section 840 . 146.16 of the statutes is amended to read:

146.16 Expenses. Expenses incurred under chs. 144 to 146 this chapter, not made otherwise chargeable, shall be paid by the town, city or village.

227,841 Section 841 . 146.20 (title) and (2) (intro.) of the statutes are renumbered 281.48 (title) and (2) (intro.), and 281.48 (2) (intro.), as renumbered, is amended to read:

281.48 (2) Definitions. (intro.) For the purpose of In this section: