1995 Wisconsin Act 378

Note: This amendment updates the term “waterworks" to “water system", and makes other technical revisions, in the statute relating to city expenditure of funds for additions to water systems.

378,19 Section 19 . 65.06 (8) of the statutes is amended to read:

65.06 (8) Any department charged by law with the construction, extension, operation and maintenance of a waterworks or water system, lighting system or any public utility may spend money from the surplus revenue of such waterworks or the water system, lighting system or utility in addition to the sum specified in the budget when deemed necessary to maintain the service, upon being authorized so to do by a three-fourths vote of all the aldermen of the common council, specifying by resolution the purpose for which and the sum appropriated. Before any money shall be so expended a copy of the resolution authorizing it shall be certified to the comptroller.

Note: This amendment updates the term “waterworks" to “water system" in the statute relating to expenditures of surplus revenue from a water system for maintenance of the water system.

378,20 Section 20 . 65.06 (17) of the statutes is amended to read:

65.06 (17) Subsections (13), (14), (15) and (16) shall do not apply to the expenditure of funds, the proceeds of bonds or mortgage certificates, nor the surplus revenues of any waterworks or water system, lighting system or municipally owned utility. In establishing the budget format with respect to funds and accounts related to proprietary operations, the common council may authorize accounting procedures which follow the uniform system of accounts authorized by the public service commission in the case of municipal utilities or accepted commercial accounting practices in other instances.

Note: This amendment updates the term “waterworks" to “water system" in the statute relating to the applicability of certain municipal budget provisions to revenues of water systems, lighting systems or municipally owned utilities.

378,21 Section 21 . 66.061 (1) (a) of the statutes is amended to read:

66.061 (1) (a) Any city, village or town may grant to any person or corporation the right to construct and operate therein a water system of waterworks or to furnish light, heat or power subject to such reasonable rules and regulations as the proper municipal authorities prescribed by ordinance may from time to time prescribe.

Note: This amendment updates the term “waterworks" to the term “water system" and makes other technical revisions to the statute relating to the grant by a city, town or village of the right to construct a water system or other utility.

378,22 Section 22 . 66.066 (1a) of the statutes is amended to read:

66.066 (1a) Nothing herein shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water supply and necessary transmission facilities (including all real and personal property) beyond its corporate limits, and a source of water supply 50 miles beyond such those limits shall be deemed to be within such that authority.

Note: This amendment deletes the redundant term “supply" and makes other technical revisions in a statute relating to revenue obligations of a municipality.

378,23 Section 23 . 66.071 (1) (title) of the statutes is amended to read:

66.071 (1) (title) Waterworks Water systems.

378,24 Section 24. 66.071 (1) (c) of the statutes is amended to read:

66.071 (1) (c) When the city owns its waterworks water system, the commissioner of public works shall have power, from time to time, to may make and enforce bylaws, rules and regulations in relation to the said waterworks water system, and, before the actual introduction of water, the commissioner shall make bylaws, rules and regulations, fixing uniform water rates to be paid for the use of water furnished by the said waterworks water system, and fixing the manner of distributing and supplying water for use or consumption, and for withholding or turning off the same water for cause, and the. The commissioner shall have power, from time to time, to may alter, modify or repeal such the bylaws, rules and regulations.

378,25 Section 25 . 66.071 (1) (f) of the statutes is amended to read:

66.071 (1) (f) The commissioner of public works of any such a city may issue a permit to the county in which it is located, to any national home for disabled soldiers, or to any other applicant to obtain water from the waterworks in the said city city's water system for use outside of the limits of such the city; and for that purpose to connect any pipe that shall be is laid outside of the city limits with water pipe in such the city. No such permit shall may be issued until the applicant shall first file files with the commissioner of public works a bond in such sum and with such surety as the said commissioner shall approve, conditioned that the said applicant will obey the rules and regulations that may from time to time be prescribed by the commissioner of public works for the use of such the water; that the applicant will pay all charges fixed by said the commissioner for the use of such the water as measured by a meter to be approved by said the commissioner, which charges shall include the proportionate cost of fluorinating fluoridating the water and, except as to water furnished directly to county or other municipal properties, shall not be less than one-quarter more than those charged to the inhabitants of the city for like use of water; that the applicant will pay to any such the city a water pipe assessment if the property to be supplied with water has frontage on any thoroughfare forming the city boundary line in which a water main has been or shall be laid, and at the rate prescribed by the commissioner of public works; if the property to be supplied does not front on a city boundary but is distant therefrom, that a main pipe of the same size, class and standard as terminates at the city boundary shall be extended, and the entire cost shall be paid by the applicant for the extension; that such the water main shall be laid according to city specifications and under city inspection; that such the water main and appliances shall become the absolute property of such the city, without any compensation therefor, whenever the property supplied with water by said the extension or any part thereof shall be annexed to or in any manner become a part of such the city; and that the applicant will pay to any such the city all damages whatever that it may sustain, arising in any way out of the manner in which such the connection is made or water supply is used. In case of granting a permit to any county or to any national home for disabled soldiers, the commissioner of public works may waive the giving of such a bond. Every such permit shall be issued upon the understanding that such the city shall in no event ever be liable for any damage in case of failure to supply water by reason of any condition beyond its control.

378,26 Section 26 . 66.071 (1) (g) of the statutes is amended to read:

66.071 (1) (g) The commissioner of public works shall prescribe and regulate the kind of water meters to be used in such the city and the manner of attaching and connecting the same water meters, and may in like manner make such other rules for the use and control of water meters attached and connected as herein provided as shall be are necessary to secure reliable and just measurement of the quantity of water used; and may alter and amend such the rules from time to time as shall be necessary for the purposes named. If the owner or occupant of any premises, where the attaching and connection of a water meter may lawfully be required, shall neglect or fail neglects or fails to attach and connect such a water meter, as is required according to the rules established by the commissioner of public works, for 30 days after the expiration of the time within which such the owner or occupant shall have been is notified by said the commissioner of public works to attach and connect such a meter, the commissioner of public works may cause the water supply supplied by the city to be cut off from the premises, and it shall not be restored except upon such the terms and conditions as prescribed by the commissioner of public works shall prescribe.

378,27 Section 27 . 66.071 (1) (j) of the statutes is amended to read:

66.071 (1) (j) The commissioner of public works shall make an annual report to the council of the commissioner's doings under this section and, the state of the water fund and the general condition of the waterworks, and the water system. The report, after being submitted to the council, shall be filed in the office of the comptroller.

Note: These amendments change the term “waterworks" to “water system", and make other technical revisions, in statutes governing water systems in 1st class cities.

378,28 Section 28 . 66.077 (2) of the statutes is amended to read:

66.077 (2) All of the The provisions of this chapter and chs. 196 and 197 as the same shall have been and from time to time may be amended or recreated, relating to a waterworks water system, including, but not limited to, those provisions relating to the regulation of a waterworks water system by the public service commission, shall apply to such combined waterworks a consolidated water and sewage disposal system as a single public utility. In prescribing rates, accounting and engineering practices, extension rules, service standards or other regulations for such combined waterworks a consolidated water and sewage disposal system, the public service commission shall treat the waterworks water system and the sewage disposal system separately, unless such the commission shall find finds that the public interest requires otherwise.

378,29 Section 29 . 66.077 (3) of the statutes is amended to read:

66.077 (3) Any town, village, or 4th class city of the fourth class which now owns or hereafter may acquire a waterworks plant and acquires a water system and a plant or system for the treatment or disposal of sewage may by ordinance combine such system consolidate the systems into a single public utility. After the effective date of such the ordinance such combined the consolidated utility shall be is subject to all of the provisions of this section with the same force and effect as though originally acquired as a single public utility.

Note: These amendments update terminology referring to water systems, and make other technical revisions, in statutes governing combining water and sewer systems.

378,30 Section 30 . 66.60 (6m) (c) 1. of the statutes is amended to read:

66.60 (6m) (c) 1. If any eligible farmland contains a structure that is connected to a sanitary sewer or public water supply system at the time, or after the time, that a town sanitary district or town first levies a special assessment for the construction of a sewerage or water system in the service area in which the eligible farmland is located, the town sanitary district or town may levy a special assessment for the construction of a sewerage or water system on the eligible farmland that includes that structure. If that connection is made after the first assessment, the town sanitary district or town may also charge interest on the special assessment at an annual rate that does not exceed the average interest rate paid by the district or town on its obligations between the time the district or town first levies a special assessment for the construction of a sewerage or water system in the service area in which the eligible farmland is located and the time it levies the special assessment on that eligible farmland. That assessment may not exceed the equivalent of an assessment for that purpose on a square acre or, if the governing body of a town sanitary district or town so specifies by ordinance, the maximum size of any lot that is in that service area and that is not devoted exclusively to agricultural use.

Note: This amendment updates terminology relating to water systems in the statute governing special assessments for constructing water or sewer systems.

378,31 Section 31 . 67.05 (5) (b) of the statutes is amended to read:

67.05 (5) (b) No city or village may issue any bonds for any purposes other than for waterworks water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 or for university of Wisconsin system centers until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any city or the village board of any village declares its purpose to raise money by issuing bonds for any purpose other than those above specified, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 without calling a special election to submit the question of bonding to the city or village electors for their approval.

Note: This amendment updates terminology relating to water systems in the statute which relates to town, village and city referenda regarding bonds issued for water systems and other types of facilities.

378,32 Section 32 . 70.327 of the statutes is amended to read:

70.327 Valuation and assessment of property with contaminated wells. In determining the market value of real property with a contaminated well or water supply system, the assessor shall take into consideration the time and expense necessary to repair or replace the well or private water supply system in calculating the diminution of the market value of real property attributable to the contamination.

Note: This amendment updates terminology regarding water systems in the statute relating to valuation and assessment of property with contaminated wells.

378,33 Section 33 . 87.305 (1) (intro.) of the statutes is amended to read:

87.305 (1) Department approval. (intro.) Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water supply system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 254.61 (3), if all of the following conditions are met:

378,34 Section 34 . 87.305 (1) (c) (intro.) of the statutes is amended to read:

87.305 (1) (c) (intro.) The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency government and the state historical society of its intention to authorize connection of sewer service and a water supply system to the railroad depot and the Dousman hotel and occupancy of the hotel and either:

Note: These amendments update terminology regarding water systems in the statutes relating to authorizing the connection of the public water system in the city of Prairie du Chien to certain facilities on St. Feriole island.

378,35 Section 35 . 97.34 (2) (c) of the statutes is amended to read:

97.34 (2) (c) The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water supply system used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water supplies systems or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under s. 144.95.

378,36 Section 36 . 97.34 (2) (d) of the statutes is amended to read:

97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the location and construction of the water supply and the pump installation water system used by the manufacturer or bottler comply complies with ch. 162 and rules promulgated by the department of natural resources under s. 162.03 that chapter.

Note: These amendments update terminology relating to water systems in the statutes relating to bottled drinking water standards.

378,37 Section 37 . 101.143 (4) (b) 10. of the statutes is amended to read:

101.143 (4) (b) 10. Restoration or replacement of a private or public potable water supply system.

Note: This amendment updates terminology relating to water systems in the statute relating to reimbursement for eligible costs incurred because of a petroleum products discharge.

378,38 Section 38 . 144.01 (9) of the statutes is amended to read:

144.01 (9) “Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.

378,39 Section 39 . 144.01 (15) of the statutes is amended to read:

144.01 (15) “Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 147, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).

Note: These amendments revise terminology relating to water systems in the definitions section of ch. 144, relating to water, sewage, refuse, mining and air pollution.

378,40 Section 40 . 144.02 (1) of the statutes is amended to read:

144.02 (1) The department is authorized to act Act with the U.S. geological survey in determining the sanitary and other conditions and nature of the natural water supplies of the state of Wisconsin, such water survey to have for its objects sources in this state, for the following purposes:

(a) To determine the nature and condition of the unpolluted natural water supplies of the state sources.

(b) To determine to what extent the natural waters water sources are being contaminated by sewage from cities, villages and towns.

(c) To determine to what extent the natural waters water sources are being polluted by industrial other wastes, and in what way these wastes might be utilized for beneficial purposes.

(e) To assist in determining the best source sources of water supplies.

Note: These amendments revise terminology relating to water sources, and make other technical revisions, in the statute governing a sanitary survey conducted by the department of natural resources.

378,41 Section 41. 144.025 (2) (b) 1. of the statutes is amended to read:

144.025 (2) (b) 1. The department shall promulgate rules setting standards of water quality to be applicable to the waters of the state, recognizing that different standards may be required for different waters or portions thereof. Water quality standards shall consist of the designated uses of the waters or portions thereof and the water quality criteria for those waters based upon the designated use. Water quality standards shall protect the public interest, which include the protection of the public health and welfare and the present and prospective future use of such waters for public and private water supplies systems, propagation of fish and aquatic life and wildlife, domestic and recreational purposes and agricultural, commercial, industrial and other legitimate uses. In all cases where the potential uses of water are in conflict, water quality standards shall be interpreted to protect the general public interest.

Note: This amendment updates terminology relating to water systems in the statute providing rule-making authority for water quality standards.

378,42 Section 42 . 144.025 (2) (h) of the statutes is amended to read:

144.025 (2) (h) The department, upon request, shall consult with and advise owners having who have installed or are about to install systems or plants, as to the most appropriate water supply source and the best method of providing for its purity, or as to the best method of disposing of wastewater, including operations and maintenance, taking into consideration the future needs of the community for protection of its water supply. The department shall is not be required to prepare plans.

Note: This amendment updates terminology regarding water systems in the statute relating to the department of natural resources' duty to provide consultation regarding wastewater disposal.

378,43 Section 43 . 144.025 (2) (L) of the statutes is amended to read:

144.025 (2) (L) The department shall promulgate rules establishing an examining program for the certification of operators of waterworks water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 146.20 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this paragraph for the certification of operators of waterworks water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (2) (bL). No person may operate a waterworks water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this paragraph. The department may suspend or revoke a certificate issued under this paragraph for a violation of any statute or rule relating to the operation of a waterworks water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this paragraph who shall be responsible for plant operations, unless the department by rule provides otherwise. In this paragraph, “wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

Note: This amendment deletes the obsolete term “waterworks" and replaces it with the term “water systems" in the statute requiring the department of natural resources to promulgate rules for certification of operators of wastewater treatment plants and septage servicing vehicles.

378,44 Section 44 . 144.0255 (1) and (2) of the statutes are amended to read:

144.0255 (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), 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 system owned by the municipality.

(2) The department shall approve grants under this section equal to 90% of the amount by which the reasonable and necessary capital costs of achieving compliance with the standards for contaminants exceed an amount equal to $25 times the population that is served by the contaminated public water supply system for which a grant is sought if the reasonable and necessary capital costs of achieving compliance with such those standards are an amount equal to an amount that is greater than $150 times the population that is served by the contaminated water supply system.

Note: This amendment updates terminology relating to water systems in the statute governing municipal clean drinking water grants.

378,45 Section 45 . 144.442 (6) (c) of the statutes is amended to read:

144.442 (6) (c) Sequence of remedial action. In determining the sequence for taking remedial action under this subsection, the department shall consider the hazard ranking of each site or facility, the amount of funds available, the information available about each site or facility, the willingness and ability of an owner, operator or other responsible person to undertake or assist in remedial action, the availability of federal funds under 42 USC 9601, et seq., and other relevant factors. The department shall give the highest priority to remedial action at sites or facilities which have caused contamination of a municipal water supply system in a town with a population greater than 10,000. If any such site or facility is eligible for federal funds under 42 USC s. 9601 to 9675, but the federal funds will not be available before January 1, 2000, the department shall proceed with remedial action using state funds.

378,46 Section 46 . 144.77 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

144.77 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (dv) and (my) in taking action under sub. (3) (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.

Note: This amendment corrects a cross-reference in current law regarding the department of natural resources' authority to utilize moneys appropriated under the abandoned container law. Currently, the statute authorizes the department to utilize moneys appropriated in the development of a contingency option for taking emergency actions related to abandoned containers. The amendment deletes the reference to the contingency plan, and instead, authorizes utilizing the moneys for removal or other emergency actions related to abandoned containers.

378,47 Section 47 . 145.04 (title) and (1) of the statutes are amended to read:

145.04 (title) Waterworks Water and sewerage systems. (1) Ordinance rules. A city of the 1st, 2nd or 3rd class having a system of waterworks city with a water system or sewerage system shall, and a village or city of the, 4th class or any city, town or, county or metropolitan sewerage commission may, by ordinance, prescribe rules relating to local permits for the installation, alteration and inspection of plumbing to safeguard the public health.

378,48 Section 48 . 145.05 of the statutes is amended to read:

145.05 Plumbing supervisors, supervision. (1) The common council of a 1st, 2nd or 3rd class city of the first, second or third class, having a with a water system or sewerage system of waterworks or sewerage, or the officer or board in charge, shall appoint one or more plumbing supervisors, who shall be licensed plumbers, and unless under civil service shall serve for a term of 4 years or more subject to removal for just cause except as otherwise provided by ordinance when first appointed, but need not renew their licenses while they continue in office. The common council of a 4th class city of the fourth class and, the board of a village, town, or county or the commissioner in charge of any metropolitan sewerage district may appoint one or more plumbing supervisors who shall be practical plumbers, skilled sanitarians, or competent persons familiar with plumbing and unless under civil service shall serve for a term of 4 years or more subject to removal for just cause except as otherwise provided by ordinance. They shall supervise all plumbing, new or alterations or repairs, and report to the appointing body violations of regulations, and perform such other appropriate duties as may be required. Their compensation shall be fixed by the council, board or commission.

(2) Where a If a water system or sewerage system of waterworks or sewerage has been or shall be is established in any city, village, town or metropolitan sewerage district which has not provided for a board or officer to supervise plumbing, drainage and sewerage, the department shall take immediate and entire control of plumbing, drainage and sewerage intended to be connected with public sewer or waterworks the water system or sewerage system, and exercise all the powers conferred by this section until such municipalities or district provides for such supervision.

Note: These amendments delete the obsolete term “waterworks" and replaces it with the term “water system" in the statutes relating to plumbing permits and plumbing supervisors.

378,49 Section 49 . 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 systems or wastewater systems under ch. 144, 147 or 162.