1995 Wisconsin Act 227

227,906 Section 906 . 159.25 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.25, and 287.25 (3) (cm), as renumbered, is amended to read:

287.25 (3) (cm) Beginning on January 1, 1993, no responsible unit may apply for a demonstration grant unless it has complied with s. 159.09 287.09 (2) (b).

227,907 Section 907 . 159.31 of the statutes is renumbered 287.31.

227,908 Section 908 . Subchapter III (title) of chapter 159 [precedes 159.40] of the statutes is renumbered subchapter III (title) of chapter 287 [precedes 287.40].

227,909 Section 909 . 159.40 of the statutes, as affected by 1995 Wisconsin Acts 15 and 27, is renumbered 287.40, and 287.40 (3) and (4), as renumbered, are amended to read:

287.40 (3) “Recovered material" means a material specified by the board under s. 159.42 287.42 (5) that is recovered from solid waste for recycling.

(4) “Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 159.42 287.42 (5) or a responsible unit.

227,910 Section 910 . 159.41 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 287.41.

227,911 Section 911 . 159.42 of the statutes, as affected by 1995 Wisconsin Acts 15 and 27, is renumbered 287.42, and 287.42 (1) (b) and (c) and (5), as renumbered, are amended to read:

287.42 (1) (b) Minimize the number of variances granted under s. 159.11 287.11 (2m) (b) and (c).

(c) In furtherance of the efforts of responsible units under s. 159.11 287.11 (2) (i), minimize the amounts of these recovered materials disposed of in landfills or burned without energy recovery in incinerators.

(5) In consultation with the council on recycling, annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 159.07 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

227,912 Section 912 . 159.44 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.44, and 287.44 (1), as renumbered, is amended to read:

287.44 (1) Provide financial assistance under s. 159.46 287.46.

227,913 Section 913 . 159.46 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.46.

227,914 Section 914 . 159.48 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.48.

227,915 Section 915 . 159.49 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.49.

227,916 Section 916 . Subchapter IV (title) of chapter 159 [precedes 159.81] of the statutes is renumbered subchapter IV (title) of chapter 287 [precedes 287.81].

227,917 Section 917 . 159.81 of the statutes is renumbered 287.81, and 287.81 (1) (c) and (3) (b), as renumbered, are amended to read:

287.81 (1) (c) “Waters of the state" has the meaning given in s. 144.01 (19) 281.01 (18).

(3) (b) Subsection (2) does not apply to a person who deposits or discharges solid waste in conformance with ch. chs. 30, 31, 144 or 147 281 to 285 or 289 to 299 or a permit, license or other approval issued by the department under those chapters.

227,918 Section 918 . Subchapter V (title) of chapter 159 [precedes 159.91] of the statutes is renumbered subchapter V (title) of chapter 287 [precedes 287.91].

227,919 Section 919 . 159.91 of the statutes is renumbered 287.91, and 287.91 (1) and (2), as renumbered, are amended to read:

287.91 (1) The attorney general shall enforce this chapter except for ss. 159.07, 159.08 287.07, 287.08 and 159.81 287.81 and all rules promulgated under this chapter except under those sections.

(2) Notwithstanding sub. (1) and s. 159.95 287.95 (3) (a), the attorney general may enforce s. 159.07 287.07 (3) and (4) by seeking injunctive relief against any person violating those provisions.

227,920 Section 920 . 159.93 of the statutes is renumbered 287.93.

227,921 Section 921 . 159.95 of the statutes is renumbered 287.95, and 287.95 (1), (2) and (3), as renumbered, are amended to read:

287.95 (1) Any person who violates s. 159.07 287.07 (1m) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

(2) (a) Any person who violates s. 159.07 287.07 (2) or 159.08 287.08 before January 1, 1995, is not subject to a penalty.

(b) After December 31, 1994, any person who violates s. 159.07 287.07 (2) or 159.08 287.08 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

(3) (a) Any person who violates s. 159.07 287.07 (3) and (4) before January 1, 1997, is not subject to a penalty.

(b) After December 31, 1996, any person who violates s. 159.07 287.07 (3) and (4) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

227,922 Section 922 . 159.97 of the statutes is renumbered 287.97 and is amended to read:

287.97 Penalties. Any person who violates this chapter, except s. 159.07, 159.08 287.07, 287.08 or 159.81 287.81, or any rule promulgated under this chapter, except under s. 159.07, 159.08 287.07, 287.08 or 159.81 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.

227,923 Section 923 . 160.01 (4) of the statutes is amended to read:

160.01 (4) “Groundwater" means any of the waters of the state, as defined in s. 144.01 (19) 281.01 (18), occurring in a saturated subsurface geological formation of rock or soil.

227,924 Section 924 . 160.09 (1) (intro.) of the statutes is amended to read:

160.09 (1) (intro.) Notwithstanding the authority of the department under chs. 144 and 162 ss. 280.11, 281.15 and 281.17 (8) to establish standards for pure drinking water, the department shall establish enforcement standards for substances of public welfare concern as follows:

Note: The reference to establishing standards for pure drinking water under chs. 144 and 162 is overly inclusive. Only ss. 144.025 (2) (b) and (t) and 162.01 of those chapters relate specifically to establishing water quality and drinking water standards. Therefore, the new cross-reference is restricted to new ss. 280.11, 281.15 and 281.17 (8), which correspond with current ss. 144.025 (2) (b) and (t) and 162.01.

227,925 Section 925 . 160.19 (8) of the statutes is amended to read:

160.19 (8) Notwithstanding subs. (2) to (4), the department may allow a facility which is regulated under subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 to be constructed, after May 11, 1984, in an area where the background concentration of nitrate or a substance of public welfare concern attains or exceeds the preventive action limit or the enforcement standard if the facility is designed to achieve the lowest possible concentration for that substance which is technically and economically feasible and the anticipated increase in the concentration of the substance does not present a threat to public health or welfare.

227,926 Section 926 . 160.19 (9) (intro.) of the statutes is amended to read:

160.19 (9) (intro.)  Notwithstanding subs. (2) to (4), the department may allow a facility which is regulated under subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 to be constructed, after May 11, 1984, in an area where the background concentration of a substance of public health concern, other than nitrate, attains or exceeds a preventive action limit for that substance:

227,927 Section 927 . 160.19 (12) of the statutes is amended to read:

160.19 (12) The requirements in this section shall not apply to rules governing an activity regulated under ss. 144.80 to 144.94 ch. 293, or to a solid waste facility regulated under s. 144.44 subch. III of ch. 289 which is part of an activity regulated under ss. 144.80 to 144.94 ch. 293, except that the department may promulgate new rules or amend rules governing this type of activity, practice or facility if the department determines that the amendment or promulgation of rules is necessary to protect public health, safety or welfare.

227,928 Section 928 . 160.21 (2) (c) (intro.) of the statutes is amended to read:

160.21 (2) (c) (intro.) If facilities are subject to regulation under subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292, the department shall develop by rule and utilize points of standards application for purposes of facility design, the review of facility performance and enforcement as follows:

227,929 Section 929 . 160.21 (2) (c) 1. of the statutes is amended to read:

160.21 (2) (c) 1. Rules promulgated by the department under s. 144.435 289.05 (1) relating to facility design shall establish design criteria which ensure compliance with s. 160.19 (2) at any point of present groundwater use, at property boundaries and at any point beyond a 3-dimensional design management zone within property boundaries established under general criteria specified by rule and applied to individual facilities.

227,930 Section 930 . 160.23 (7) of the statutes is amended to read:

160.23 (7) If the concentration of a substance in groundwater attains or exceeds a preventive action limit at a point of standards application and if a waste facility subject to the waste management fund incurs costs for repairing environmental damage which arises from these occurrences which are not anticipated in the plan of operation and which poses a substantial hazard to public health or welfare, those costs may be paid as provided under s. 144.441 (6) 289.68.

227,931 Section 931 . 160.25 (1) (a) (intro.) of the statutes is amended to read:

160.25 (1) (a) (intro.) If an activity or practice is not subject to regulation under subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 and if the concentration of a substance in groundwater attains or exceeds an enforcement standard at a point of standards application, the regulatory agency shall take the following responses unless it can be shown to the regulatory agency that, to a reasonable certainty, by the greater weight of the credible evidence, an alternative response will achieve compliance with the enforcement standard at the point of standards application:

227,932 Section 932 . 160.25 (2) of the statutes is amended to read:

160.25 (2) If a facility is subject to regulation under subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 and if the concentration of a substance in groundwater attains or exceeds an enforcement standard at a point of standards application, the department shall require remedial actions for a specific site in accordance with rules promulgated under s. 160.21 as are necessary to achieve compliance with the enforcement standard at the point of standards application.

227,933 Section 933 . 160.25 (6) of the statutes is amended to read:

160.25 (6) If the concentration of a substance in groundwater attains or exceeds an enforcement standard at a point of standards application and if a waste facility subject to the waste management fund incurs costs for repairing environmental damage which arises from those occurrences which are not anticipated in the plan of operation and which poses a substantial hazard to public health or welfare, those costs may be paid as provided under s. 144.441 (6) 289.68.

227,934 Section 934 . 160.27 (5) of the statutes is amended to read:

160.27 (5) Notwithstanding subs. (1) to (3), a regulatory agency may develop and operate a system for monitoring and sampling groundwater to determine compliance with this chapter. This section does not affect the authority of the department to require groundwater monitoring by owners or operators of solid or hazardous waste facilities or water supply or wastewater systems under ch. 144, 147 or 162 chs. 280 to 285 or 289 to 299, except s. 281.48.

227,935 Section 935 . 160.32 (2) of the statutes is amended to read:

160.32 (2) No admission of liability. A response at a specific site taken by any person under s. 160.23 or 160.25 is not evidence of liability or an admission of liability for any potential or actual environmental pollution, as defined under s. 144.01 (3) 299.01 (4).

227,936 Section 936 . Chapter 162 (title) of the statutes is renumbered chapter 280 (title).

227,937 Section 937 . 162.01 of the statutes is renumbered 280.11, and 280.11 (title) and (1), as renumbered, are amended to read:

280.11 (title) Pure drinking water; powers of department of natural resources. (1) The department of natural resources shall, after a public hearing, prescribe, publish and enforce minimum reasonable standards and rules and regulations for methods to be pursued in the obtaining of pure drinking water for human consumption and the establishing of all safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption, including minimum reasonable standards for the construction of well pits. It shall have general supervision and control of all methods of obtaining groundwater for human consumption including sanitary conditions surrounding the same, the construction or reconstruction of wells and generally to prescribe, amend, modify or repeal any rule or regulation theretofore prescribed and shall do and perform any act deemed necessary for the safeguarding of public health.

227,938 Section 938 . 162.02 of the statutes is renumbered 280.01 and amended to read:

280.01 Definitions. For the purposes of In this chapter, the following definitions are hereby established:

(1) “Department" shall mean means the department of natural resources.

(2) “Groundwater" is defined to mean means subsurface water supplied for human consumption.

(3) “Permit" is means the registration certificate issued by the department of natural resources to each person, firm or corporation duly registering and paying the annual permit fee to do well drilling or pump installing, or both, as herein provided for.

(4) “Pump installer" is means any person, firm or corporation who has duly registered as such with the department of natural resources and shall have paid the annual registration fee and obtained a permit to engage in pump installing as herein provided.

(5) “Pump installing" is means the industry and procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for consumption or use, including all construction involved in making entrance to the well and establishing such seals and safeguards as are necessary to protect such water from contamination.

(6) “Well" is defined to mean means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for human consumption.

(7) “Well driller" is defined to be means any person, firm or corporation who has duly registered as such with the department of natural resources and shall have paid the annual registration fee and obtained a permit to construct wells as herein provided.

(8) “Well drilling" is defined as means the industry and procedure employed in obtaining groundwater from a well by digging, boring, drilling, driving or other methods but not including the driving of points for the purpose of obtaining ground water. It shall also include all construction work and installation of well casings in said well involved therein for the protection of such well water against pollution.

227,939 Section 939 . 162.03 of the statutes is renumbered 280.13.

227,940 Section 940 . 162.04 of the statutes is renumbered 280.15, and 280.15 (1) (a), as renumbered, is amended to read:

280.15 (1) (a) Registration requirement. Except as provided under ss. 162.047 280.17 and 162.05 280.19, no person may engage in the business of well drilling or pump installing in this state unless the person registers each place of business or retail outlet he or she operates as a well driller or pump installer and pays the required permit fee.

227,941 Section 941 . 162.047 of the statutes is renumbered 280.17.

227,942 Section 942 . 162.05 of the statutes is renumbered 280.19.

227,943 Section 943 . 162.06 of the statutes is renumbered 280.97.

227,944 Section 944 . 162.07 of the statutes is renumbered 280.21.

227,945 Section 945 . 166.03 (2) (b) 6. of the statutes is amended to read:

166.03 (2) (b) 6. Request the department of health and family services to inspect or provide for the inspection of shipments of radioactive waste, obtain and analyze data concerning the radiation level of shipments of radioactive waste and issue reports concerning these shipments and radiation levels. The adjutant general may assess and collect and receive contributions for any costs incurred under this subdivision from any person who produced the radioactive waste which is the subject of the activity for which the costs are incurred. In this subdivision, “radioactive waste" has the meaning given in s. 144.833 293.25 (1) (b).

227,946 Section 946 . 166.15 (1) (e) 5. of the statutes is amended to read:

166.15 (1) (e) 5. Environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,947 Section 947 . 166.15 (1) (e) 6. of the statutes is amended to read:

166.15 (1) (e) 6. Expenses incurred by an emergency provider in preparing for and responding to a nuclear incident which are not reimbursed under s. 144.76 (7) or 166.03 (1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7).

227,948 Section 948 . 166.15 (1) (h) of the statutes is amended to read:

166.15 (1) (h) “Radioactive waste" means radioactive waste, as defined in s. 144.833 293.25 (1) (b), and radioactive defense waste.