1995 Wisconsin Act 227

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.

227,949 Section 949 . 166.15 (1) (j) of the statutes is amended to read:

166.15 (1) (j) “Routine operations" means the operation of transportation equipment in a manner that is not subject to the requirements for immediate notice of incidents under 49 USC 1801 to 1811 or notice of discharge under s. 144.76 292.11 (2).

227,950 Section 950 . 166.20 (4) (a) of the statutes is amended to read:

166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 144.76 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the board.

227,951 Section 951 . 166.20 (4) (b) of the statutes is amended to read:

166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 144.76 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the board and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

227,952 Section 952 . 166.20 (5) (a) 2. of the statutes is amended to read:

166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under s. 144.76 292.11 (2) shall constitute the notification of the board required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

227,953 Section 953 . 166.20 (5) (a) 4. c. of the statutes is amended to read:

166.20 (5) (a) 4. c. All facilities with 10 or more employes in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ss. 144.80 to 144.94 ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 144.81 (3) 293.01 (7), minerals as defined in s. 144.81 (4) 293.01 (8) or refuse as defined in s. 144.81 (17) 293.01 (25).

227,954 Section 954 . 166.21 (2m) (f) of the statutes is amended to read:

166.21 (2m) (f) Procedures for county emergency response team actions that are consistent with local emergency response plans developed under s. 166.20 (3) and the state contingency plan established under s. 144.76 292.11 (5).

227,955 Section 955 . 166.22 (1) (a) of the statutes is amended to read:

166.22 (1) (a) “Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

227,956 Section 956 . 166.22 (1) (b) of the statutes is amended to read:

166.22 (1) (b) “Hazardous substance" has the meaning given in s. 144.01 (4m) 299.01 (6).

227,957 Section 957 . 166.22 (3) of the statutes is amended to read:

166.22 (3) If action required under sub. (2) is not being adequately taken or the identity of the person responsible for a discharge of a hazardous substance is unknown and the discharge threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances established by the department of natural resources under s. 144.76 292.11 (5) and that it considers appropriate under the circumstances.

227,958 Section 958 . 168.04 of the statutes is amended to read:

168.04 Standards. The department by rule shall prescribe minimum product grade specifications for gasoline, reformulated gasoline, as defined in s. 144.3716 285.37 (1), and kerosene and may prescribe product grade specifications for automotive gasoline, gasoline-alcohol fuel blends, aviation gasoline, fuel oils and diesel fuels. Automotive gasoline specifications shall include lead content. The rules shall, to the extent feasible, be in conformity with nationally recognized standards, specifications and classifications, such as those published by the American society for testing and materials, the society of automotive engineers and the U.S. environmental protection agency. The department may not promulgate or enforce a rule prohibiting additional information from placement on the dispensing device.

227,959 Section 959 . 168.11 (1) (b) 2. of the statutes, as created by 1995 Wisconsin Act 51, is amended to read:

168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 144.3716 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as “methyl tertiary butyl ether (MTBE)" or “ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.

227,960 Section 960 . 196.49 (2) of the statutes is amended to read:

196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 144.026 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

227,961 Section 961 . 196.491 (3) (d) 3. of the statutes is amended to read:

196.491 (3) (d) 3. The design and location or route is in the public interest considering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors. In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426 ch. 285.

227,962 Section 962 . 196.491 (3) (d) 4. of the statutes is amended to read:

196.491 (3) (d) 4. The proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use. In its consideration of the impact on other environmental values, the commission may not determine that the proposed facility will have an undue adverse impact on these values because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426 ch. 285.

227,963 Section 963 . 196.856 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

196.856 (1) The commission shall annually assess against the major utilities, as defined under s. 144.386 285.41 (1) (f), the total, not to exceed $400,000, of the amount appropriated under s. 20.370 (2) (cj) for acid deposition studies and evaluation and monitoring activities conducted by the department of natural resources.

227,964 Section 964 . 196.98 of the statutes is amended to read:

196.98 Water reporting required. The commission shall ensure that each public utility to which s. 144.026 281.35 applies shall comply with the requirements of that section and shall report its volume and rate of withdrawal, as defined under s. 144.026 281.35 (1) (m), and its volume and rate of water loss, as defined under s. 144.026 281.35 (1) (L), if any, to the commission in the form and at the times specified by the department of natural resources. The commission shall provide the information reported under this section to the department of natural resources.

227,965 Section 965 . 214.495 (1) of the statutes is amended to read:

214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.