1995 Wisconsin Act 378

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.

Note: This amendment deletes the term “water supply" and replaces it with the term “water systems" in the statute relating to requiring groundwater monitoring.

378,50 Section 50 . 160.34 of the statutes is amended to read:

160.34 No mandatory well repair as a condition for testing. No regulatory agency may require as a condition for the testing of a private water supply system at the request of the owner that the owner agree to institute changes necessary to bring the construction or design of the water supply system into compliance with administrative rules in effect at the time of testing but not in effect prior to 1954.

Note: This amendment deletes the term “water supply" and replaces it with the term “water systems" in the statute prohibiting mandatory well repair as a condition for testing.

378,51 Section 51 . 196.58 (7) (a) of the statutes is amended to read:

196.58 (7) (a) If a municipality operating a waterworks water system seeks to serve consumers of an area which is part of the municipality and in the same county, but in order to serve such consumers it is necessary or economically prudent for the municipality to install mains, transmission lines, pipes or service connections through, upon or under a public street, highway, road, public thoroughfare or alley located within the boundaries of any adjacent municipality, the municipality seeking the installation may file a petition with the clerk of the legislative body of the adjacent municipality requesting approval for the installation of the mains, transmission lines, pipes or service connections. The governing body of the adjacent municipality shall act on the petition within 15 days after the petition is filed. If the governing body of the adjacent municipality fails to act within the 15-day period, the petition shall be deemed approved and the municipality may proceed with the installations required for service to its consumers. If, however, the governing body of the adjacent municipality rejects the petition, the municipality may make application to the commission for authority to install within the boundaries of the adjacent municipality the installations necessary to provide service to its consumers. The commission shall hold a hearing upon the application of the municipality. If the commission determines that it is necessary or economically prudent that the municipality seeking to serve its consumers make the installations within the boundaries of the adjacent municipality, the commission shall promptly issue an order authorizing the municipality to proceed to make the installation. In the order, the commission may establish the manner of making the installation.

Note: This amendment deletes the term “waterworks" and replaces it with the term “water system" in the statute governing installations by a water system in a municipality.

378,52 Section 52 . 254.36 (3) (intro.) of the statutes is amended to read:

254.36 (3) (intro.) The council shall monitor the development and implementation of private and local, state and federal government radiation-related policies and programs which may affect the health or well-being of the citizens of the state. These policies and programs include those involving ionizing radiation from X-rays or radioactive materials, nonionizing radiation such as lasers and microwaves, radioactive waste handling and disposal, the transportation of radioactive materials, radioactive air and water pollutants, radiation emergency response planning, the contamination of drinking water supplies systems by radioactive materials, the environmental monitoring of radioactive materials and radon or its products of radioactive decay. As a result of monitoring these policies and programs, the council may:

Note: This amendment deletes the term “water supplies" and replaces it with the term “water systems" in the statute relating to monitoring of government policies and programs by the radiation protection council.

378,53 Section 53 . 301.24 (2) of the statutes is amended to read:

301.24 (2) Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, waterworks water systems, sewers, electric lines and similar facilities, to serve the institutions.

Note: This amendment deletes the term “waterworks" and replaces it with the term “water systems" in the statute relating to the power of the department of natural resources to grant easements for the extension of utilities onto the lands of institutions under its jurisdiction.

378,54 Section 54 . 560.08 (2) (b) of the statutes is amended to read:

560.08 (2) (b) Assemble and correlate information relating to all facets of the state's economic resources, including without limitation, the labor supply, markets for Wisconsin products, power development, highways, watersheds, waterways, waterfront and harbor developments, water freight rates, tariffs, demurrage charges and state and federal regulations affecting ports, river basins, flood prevention, parks, reservations, river valleys, forests, wildlife refuges, aviation facilities, drainage and sanitary systems, waste disposal, waterworks, soil conservation, railroad rights-of-way, power transmission facilities, urban development, food, housing and water supplies systems, and factors which influence the development of new economic enterprises such as taxes and the regulation of industry.

Note: This amendment deletes the term “water supplies" and replaces it with the term “water systems" in the statute relating to the duty of the department of development to assemble and correlate information relating to all facets of the state's economic resources.