1995 Wisconsin Act 227

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:

227,842 Section 842 . 146.20 (2) (a) of the statutes is repealed.

227,843 Section 843 . 146.20 (2) (b) to (5s) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 281.48 (2) (b) to (5s), and 281.48 (3) (e) and (5m) (c), as renumbered, are amended to read:

281.48 (3) (e) Operator certification. No person, except for a farmer exempted from licensing under par. (d), may service a septage system or operate a septage servicing vehicle unless the person is certified as an operator of a septage servicing vehicle under s. 144.025 (2) (L) 281.17 (3).

(5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 and to obtain an annual license for each location where the person disposes of septage on land, except that the county may not require a license for septage disposal in a licensed solid waste disposal facility. The county shall maintain records of soil tests, site licenses, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site licenses under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in sub. (6) s. 281.98.

227,844 Section 844 . 146.20 (6) of the statutes is repealed.

Note: The penalty in current s. 146.20 (6) duplicates the penalty in new s. 281.98.

227,845 Section 845 . Chapter 147 (title) of the statutes is renumbered chapter 283 (title).

227,846 Section 846 . 147.01 of the statutes is renumbered 283.001.

227,847 Section 847 . 147.015 of the statutes is renumbered 283.01, and 283.01 (12) (b), as renumbered, is amended to read:

283.01 (12) (b) A discernible, confined and discrete conveyance of storm water for which a permit is required under s. 147.021 283.33 (1).

227,848 Section 848 . 147.017 of the statutes is renumbered 283.61, and 283.61 (1) (a), (b) and (c), as renumbered, are amended to read:

283.61 (1) (a) “Distillate waste product" has the meaning designated under s. 144.438 289.44 (1) (a).

(b) “Environmentally sound storage facility" has the meaning designated under s. 144.438 289.44 (1) (b).

(c) “Private alcohol fuel production system" has the meaning designated under s. 144.438 289.44 (1) (c).

227,849 Section 849 . 147.0175 of the statutes, as created by 1995 Wisconsin Act 99, is renumbered 283.62.

227,850 Section 850 . 147.018 of the statutes is renumbered 283.81.

227,851 Section 851 . 147.02 of the statutes is renumbered 283.31, and 283.31 (1), (2) (c), (3) (d) 3. and (4) (b), (c), (e) and (f) 1. and 2., as renumbered, are amended to read:

283.31 (1) The discharge of any pollutant into any waters of the state or the disposal of sludge from a treatment work by any person is unlawful unless such discharge or disposal is done under a permit issued by the department under this section or s. 147.021 283.33. The department may by rule exempt certain classes or categories of vessels from this section. Except as provided in s. 147.021 283.33, the department may require only one permit for a publicly owned treatment or collection facility or system, regardless of the number of point sources from such facility or system.

(2) (c) Any discharge to which the U.S. environmental protection agency has objected to in writing pursuant to s. 147.11 283.41.

(3) (d) 3. Necessary to avoid exceeding total maximum daily loads established pursuant to a continuing planning process developed under s. 147.25 283.83.

(4) (b) That facility expansions, production increases, or process modifications which result in new or increased discharges of pollutants at frequencies or levels in excess of the maximum discharges described in the permit shall be reported to the department under s. 147.14 283.59 (1);

(c) That the permittee shall permit authorized representatives of the department upon the presentation of their credentials to enter upon any premises in which an effluent source is located or in which any records are required to be kept for the purpose of administering s. 147.08 283.55;

(e) That if a toxic effluent standard or prohibition, including any schedule of compliance specified in such effluent standard or prohibition, is established under s. 147.07 283.21 (1) for a toxic pollutant present in the permittee's discharge and, if such standard or prohibition is more stringent than any limitation upon such pollutant in the permit, the department shall revise or modify the permit in accordance with the toxic effluent standard or prohibition;

(f) 1. Inform the department of any new introduction of pollutants into the treatment works under s. 147.14 283.59 (2);

2. Require that any industrial user of such treatment work comply with the requirements of ss. 147.07 283.21 (2), 147.08 283.55 and 147.15 283.57.

227,852 Section 852 . 147.021 of the statutes is renumbered 283.33, and 283.33 (5) and (6), as renumbered, are amended to read:

283.33 (5) Other dischargers. A person who is required to obtain a permit under sub. (1) (a) or (d) may apply for an individual permit or request coverage under a general permit issued by the department under s. 147.023 283.35.

(6) Other coverage. (a) A municipal separate storm sewer system that is combined with a sanitary sewer system is not required to be covered by a permit under this section but is required to be covered by a permit under s. 147.02 283.31.

(b) The department may include coverage of a storm water discharge in a permit issued under s. 147.02 283.31. For the purposes of this chapter, the portion of a permit issued under s. 147.02 283.31 that covers a storm water discharge is considered a permit issued under this section.

227,853 Section 853 . 147.023 of the statutes is renumbered 283.35.

227,854 Section 854 . 147.025 of the statutes is renumbered 283.37, and 283.37 (1), (2), (4) and (6), as renumbered, are amended to read:

283.37 (1) The department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899, 33 USC 407 or under the federal water pollution control act, as amended, 33 USC 1251 to 1376. The rules may specify different requirements for permits issued under s. 147.02 283.31 and for permits issued under s. 147.021 283.33.

(2) Any owner or operator of a point source for which a permit is required by s. 147.02 283.31 (1) wishing to commence discharging pollutants into state waters from a new source, the construction of which commenced after July 22, 1973, shall submit a completed application not later than 180 days prior to the date on which it is desired to commence discharges.

(4) Prior to the submittal of a permit application for a publicly owned treatment works, each person discharging into such works who is subject to s. 144.96 299.15 and rules promulgated thereunder shall submit a discharge report to the owner or operator of such works upon request. The report shall state the person's current discharges, and maximum discharges based on reasonably foreseeable projections of production increases, process modification or facility expansions during the next 5 years. The owner or operator of such publicly owned treatment works shall submit the discharge reports to the department as part of the permit application. The form of the discharge report shall be prescribed by department rule.

(6) Subsections (1) to (5) do not apply to an owner or operator of a point source eligible for coverage under a general permit under s. 147.023 283.35 and rules promulgated by the department under that section. The department may require the owner or operator to submit information regarding any discharge.

227,855 Section 855 . 147.03 of the statutes is renumbered 283.53, and 283.53 (1), (2) (a) (intro.) and (c), (2d) (intro.), (2h) and (3) (d), (e) and (f), as renumbered, are amended to read:

283.53 (1) No permit issued by the department under s. 147.02 283.31 or 147.021 283.33 shall have a term for more than 5 years.

(2) (a) (intro.) Any permit issued by the department under s. 147.02 283.31 or 147.021 283.33 may, after an opportunity for hearing, be modified, suspended or revoked, in whole or in part, for cause, including but not limited to:

(c) The department shall also notify the U.S. environmental protection agency, the U.S. army corps of engineers, any affected state, any interested agency of this state, and any interested members of the public of its intention to modify, suspend or revoke a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be circulated to members of the public in accordance with s. 147.09 283.39 (1).

(2d) (intro.) The department may, with the consent of the permittee, modify a permit issued under s. 147.02 283.31 or 147.021 283.33 without following the procedures in sub. (2) (b) to (f) in order to do any of the following:

(2h) The department may, with the consent of the permittee, revoke a permit issued under s. 147.02 283.31 or 147.021 283.33 without following the procedures in sub. (2) (b) to (f).

(3) (d) The department shall adhere to the notice and public participation procedures specified in ss. 147.09 283.39 to 147.13 283.49 in connection with each request for reissuance of a permit.

(e) Notwithstanding any other provisions of this section, any new source the construction of which is commenced after October 18, 1972, and which is so constructed to meet all standards of performance adopted under s. 147.06 283.19 shall not be subject to any more stringent standard of performance during either the 10-year period beginning on the date of completion of such construction or the period of depreciation or amortization of such facility for the purposes of section 167 or 169 of the internal revenue code, whichever period ends first.

(f) For the purposes of s. 147.20 283.63, denial of any application for the reissuance of a permit shall be treated as a denial of an application for a permit.

227,856 Section 856 . 147.033 (title) and (1) (title) of the statutes are repealed.

227,857 Section 857 . 147.033 (1) of the statutes is renumbered 283.31 (7) and amended to read:

283.31 (7) The holder of a permit under s. 147.02 this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater management.

227,858 Section 858 . 147.033 (4) of the statutes is renumbered 283.33 (9), and 283.33 (9) (a) 1. and 2., as renumbered, are amended to read:

283.33 (9) (a) 1. A storm water construction permit fee to be paid by any person who applies for a permit under s. 147.021 this section for the discharge of storm water from a construction site.

2. A storm water permit annual fee that is to be paid upon issuance of the permit and annually thereafter by a person who holds a permit under s. 147.021 this section for the discharge of storm water, other than for the discharge of storm water from a construction site.

227,859 Section 859 . 147.035 of the statutes is renumbered 283.11, and 283.11 (2) (a), (4) (a) (intro.), (b) 1. and 3., (c) and (e) 2. and (5), as renumbered, are amended to read:

283.11 (2) (a) Except for rules concerning storm water discharges for which permits are issued under s. 147.021 283.33, all rules promulgated by the department under this chapter as they relate to point source discharges, effluent limitations, municipal monitoring requirements, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards shall comply with and not exceed the requirements of the federal water pollution control act, 33 USC 1251 to 1387, and regulations adopted under that act.

(4) (a) Authorization. (intro.) Notwithstanding sub. (1) or (2), the department may promulgate by rule, under s. 147.07 283.21, a toxic effluent standard or prohibition applicable to a category or class of point sources for the discharge of an identified toxic pollutant, if the U.S. environmental protection agency has not done either of the following for that identified toxic pollutant:

(b) 1. Any toxic pollutant or combination of pollutants on the list prepared under s. 147.07 283.21 (1) (a).

3. Any other substance which the department has proposed to be added to the list of toxic pollutants under s. 147.07 283.21 (1) (a).

(c) Concurrent rule making. A toxic effluent standard or a prohibition for a substance identified under par. (b) 3. may not be promulgated before the list of toxic pollutants has been revised under s. 147.07 283.21 (1) (a) to include that substance. The revision under s. 147.07 283.21 (1) (a) and the toxic effluent standard or prohibition under s. 147.07 283.21 (1) (b) may be promulgated concurrently.