AB150-engrossed,1534,2016
144.405
(5) (cm) The owner or operator of a gasoline dispensing facility is not
17eligible for a grant under this subsection unless, before October 1, 1995, the owner
18or operator submits a report indicating the amount of gasoline dispensed by the
19gasoline dispensing facility, as required by the department by rule, and, if required
20by the department by rule, a compliance plan.
AB150-engrossed,1535,222
144.405
(5) (cs) If there is not sufficient funding to provide grants under this
23subsection to all eligible applicants, the department shall give priority to grants for
24gasoline dispensing facilities that are located within an ozone nonattainment area
25that is classified as severe under
42 USC 7511 (a) and are within 10 miles of an area
1that is an ozone attainment area or is an ozone nonattainment area that is classified
2as less than severe under
42 USC 7511 (a).
AB150-engrossed,1535,64
144.405
(5) (d) The department may not award a grant under this subsection
5after
June 30, 1995, or the day after publication of the 1995-97 biennial budget act,
6whichever is later December 31, 1995.
AB150-engrossed,1535,98
144.435
(5) (a) In this subsection, "high-volume industrial waste" has the
9meaning given in s. 144.44 (7) (a) 1.
AB150-engrossed,1535,2310
(b) The department shall promulgate, by rule, standards for the reuse of
11foundry sand and other high-volume industrial waste, including high-volume
12industrial waste that qualifies for an exemption from regulation under s. 144.44 (7)
13(g). The department shall design the rules under this paragraph to allow and
14encourage, to the maximum extent possible consistent with the protection of public
15health and the environment, the beneficial reuse of high-volume industrial waste,
16in order to preserve resources, conserve energy and reduce or eliminate the need to
17dispose of high-volume industrial waste in landfills. In developing rules under this
18paragraph, the department shall review methods of reusing high-volume industrial
19waste that are approved by other states and incorporate those methods to the extent
20that the department determines is advisable. In developing rules under this
21paragraph, the department shall also consider the analysis and methodology used
22under
40 CFR 503.13 in determining the impacts on groundwater from various
23methods of reusing high-volume industrial wastes.
AB150-engrossed,1536,2
1144.44
(7) (em)
Exemption from licensing, agricultural use of wood ash. No
2license is required under this section for the agricultural use of wood ash.
AB150-engrossed,1536,64
144.442
(9) (b) 3. This subsection does not apply to the release or discharge of
5high-volume industrial waste used in a highway improvement project under s.
684.078.
AB150-engrossed,1536,98
144.449
(1) (am) "Recovery activity" means a project designed to reduce the
9number or volume of waste tires, to recycle waste tires or to recover waste tires.
AB150-engrossed,1536,1311
144.449
(1) (c) "Waste tire"
has the meaning given under s. 84.078 (1) (b) means
12a tire that is no longer suitable for its original purpose because of wear, damage or
13defect.
AB150-engrossed,1536,1615
144.449
(3) (f) A site where a recovery activity
, as defined in s. 159.17 (1) (a), 16is carried on if no more than a 6-month inventory of tires is kept on the site.
AB150-engrossed, s. 4321
17Section
4321. 144.737 (1) (intro.) and (b) of the statutes are consolidated,
18renumbered 144.737 (1) and amended to read:
AB150-engrossed,1536,2119
144.737
(1) In this section
: (b) "Capacity, "capacity assurance plan" means the
20plan submitted under
42 USC 9604 (c) (9) for the management of hazardous waste
21generated in this state.
AB150-engrossed,1537,3
1144.737
(2) (b) Notify the governor
and the board of any significant problems
2that occur or may occur in the ability to manage a type of hazardous waste in this
3state and of the need to change the goals in the capacity assurance plan.
AB150-engrossed,1537,105
144.737
(2) (c) Each year in which submission of a revised capacity assurance
6plan is required by the federal environmental protection agency, at least 75 days
7before the federal environmental protection agency deadline for submittal, complete
8a draft of a revised capacity assurance plan and provide the draft to the
board, the 9governor and the
chief clerk of each house of the legislature
for distribution under
10s. 13.172 (2).
AB150-engrossed,1537,1712
144.737
(2) (e) Each year in which submission of a revised capacity assurance
13plan is required by the federal environmental protection agency, provide its proposed
14version of the revised capacity assurance plan, no later than 14 days prior to the
15federal environmental protection agency deadline for submittal, to the
board, the 16governor and the
chief clerk of each house of the legislature
for distribution under
17s. 13.172 (2).
AB150-engrossed,1537,2119
144.76
(2) (e) The department shall report notifications that it receives under
20this subsection related to discharges from petroleum storage tanks, as defined in s.
21101.144 (1) (bm), to the department of development.
AB150-engrossed,1538,323
144.76
(6) (a)
Contingency plan; activities resulting from discharges. The
24department may utilize moneys appropriated under s. 20.370 (2) (dv)
, (fq) and (my)
25in implementing and carrying out the contingency plan developed under sub. (5) and
1to provide for the procurement, maintenance and storage of necessary equipment
2and supplies, personnel training and expenses incurred in identifying, locating,
3monitoring, containing, removing and disposing of discharged substances.
AB150-engrossed,1538,85
144.76
(6) (b)
Limitation on equipment expenses. No more than 25% of the
6moneys available under the appropriation under s. 20.370 (2) (dv)
, (fq) or (my)
7during any fiscal year may be used for the procurement and maintenance of
8necessary equipment during that fiscal year.
AB150-engrossed,1538,1510
144.76
(7) (a)
In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where
11action required under sub. (3) is not being adequately taken or the identity of the
12person responsible for the discharge is unknown, the department or its authorized
13representative may identify, locate, monitor, contain, remove or dispose of the
14hazardous substance or take any other emergency action which it deems appropriate
15under the circumstances.
AB150-engrossed,1538,2017
144.76
(7) (c)
The Subject to ss. 94.73 (2m) and 101.144 (3), the department,
18for the protection of public health, safety or welfare, may issue an emergency order
19or a special order to the person possessing, controlling or responsible for the
20discharge of hazardous substances to fulfill the duty imposed by sub. (3).
AB150-engrossed,1538,2422
144.76
(9) (f) Any person discharging high-volume industrial waste used in a
23highway improvement project under s. 84.078 is exempted from the penalty
24requirements of this section.
AB150-engrossed,1539,5
1144.77
(6) (a) The department may utilize moneys appropriated under s.
220.370 (2) (dv)
, (fq) and (my) in taking action under sub. (3). The department shall
3utilize these moneys to provide for the procurement, maintenance and storage of
4necessary equipment and supplies, personnel training and expenses incurred in
5locating, identifying, removing and disposing of abandoned containers.
AB150-engrossed,1539,97
144.77
(6) (b) No more than 25% of the total of all moneys available under the
8appropriation under s. 20.370 (2) (dv)
, (fq) and (my) may be used annually for the
9procurement and maintenance of necessary equipment during that fiscal year.
AB150-engrossed,1539,1411
144.77
(6) (c) The department is entitled to recover moneys expended under
12this section from any person who caused the containers to be abandoned or is
13responsible for the containers.
The funds recovered under this paragraph shall be
14deposited into the environmental fund for environmental repair.
AB150-engrossed,1540,2
16144.82 Mine effect responsibility. The department shall serve as the central
17unit of state government to ensure that the air, lands, waters, plants, fish and
18wildlife affected by prospecting or mining in this state will receive the greatest
19practicable degree of protection and reclamation. The administration of
20occupational health and safety laws and rules that apply to mining shall remain
21exclusively the responsibility of the department of
industry, labor and human
22relations development. The powers and duties of the geological and natural history
23survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological
24and natural history survey. Nothing in this section prevents the department of
25industry, labor and human relations development and the geological and natural
1history survey from cooperating with the department in the exercise of their
2respective powers and duties.
AB150-engrossed,1540,134
144.833
(3) Approval required prior to drilling. No person may engage in
5radioactive waste site exploration by drilling on a parcel unless notice is provided as
6required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a
7written approval authorizing drilling on that parcel. If the person seeking this
8approval is the federal department of energy or an agent or employe of the federal
9department of energy, the department may not issue the approval unless the
10radioactive waste review board public service commission certifies that the federal
11department of energy and its agents or employes have complied with any
12requirement imposed by the
radioactive waste review board public service
13commission under s.
36.50 196.497 or any agreement entered into under that section.
AB150-engrossed,1540,1815
144.833
(7) (title)
Impact on radioactive waste review board public service
16commission. Nothing in this section limits the power or authority of the
radioactive
17waste review board public service commission to impose more stringent
18requirements for the negotiation and approval of agreements under s.
36.50 196.497.
AB150-engrossed,1540,2220
144.85
(5) (a) 1. (intro.) Except with respect to property specified in s.
16.21 2141.41 (11), within 90 days of the completion of the public hearing record, the
22department shall issue the mining permit if it finds:
AB150-engrossed,1541,524
144.95
(2) (a) The department shall submit to the department of
health and
25social services agriculture, trade and consumer protection and to the state laboratory
1of hygiene any rules proposed under this section that affect the laboratory
2certification program under s.
252.22 93.12 (5), for review and comment. These rules
3may not take effect unless they are approved by the department of
health and social
4services agriculture, trade and consumer protection within 6 months after
5submission.
AB150-engrossed,1541,137
144.95
(2) (b) The department shall enter into a memorandum of
8understanding with the department of
health and social services agriculture, trade
9and consumer protection setting forth the responsibilities of each department in
10administering the laboratory certification programs under s.
252.22 93.12 (5) and
11this section. The memorandum of understanding shall include measures to be taken
12by each department to avoid duplication of application and compliance procedures
13for laboratory certification.
AB150-engrossed,1541,2015
144.95
(5) (a) (title)
Laboratories certified by the department of health and
16social services agriculture, trade and consumer protection. The department shall
17recognize the certification of a laboratory by the department of
health and social
18services agriculture, trade and consumer protection under s.
252.22 93.12 and shall
19accept the results of any test conducted by a laboratory certified to conduct that
20category of test under that section.
AB150-engrossed,1541,2423
144.955
(1) (bm) "Council" means the hazardous pollution prevention council
24under s. 15.157 (5).
AB150-engrossed,1542,4
1144.955
(1m) Promotion of hazardous pollution prevention. (intro.) In
2carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the
3department, the department of development, the
board
council and the program
4shall promote all of the following techniques for hazardous pollution prevention:
AB150-engrossed,1542,117
144.955
(2) (b) Identify all department requirements for reporting on
8hazardous pollution prevention and, to the extent possible and practical,
9standardize, coordinate and consolidate the reporting in order to minimize
10duplication and provide useful information on hazardous pollution prevention to the
11board council, the legislature and the public.
AB150-engrossed,1542,1413
144.955
(2) (e) Assist the
board
council in preparing the report under
sub. (3)
14(f) s. 560.19 (4) (d).
AB150-engrossed,1542,22
17144.968 Cooperative remedial action. (1) In this section, "costs of
18remedying environmental contamination" means costs determined by the
19department to be necessary to reduce or eliminate environmental contamination and
20restore the environment, including costs of investigation and of providing public
21information and education related to reducing or eliminating environmental
22contamination and restoring the environment.
AB150-engrossed,1543,2
23(2) The department may seek and receive voluntary contributions of funds
24from a municipality or any other public or private source for all or part of the costs
25of remedying environmental contamination if the activities being funded are part of
1a cooperative effort, by the department and the person providing the funds, to
2remedy that environmental contamination.
AB150-engrossed,1543,5
3(2m) Any person engaged in a cooperative effort with the department that is
4described in sub. (2) may seek and receive voluntary contributions of funds on behalf
5of the effort.
AB150-engrossed,1543,7
6(3) Provision of funding under sub. (2) or (2m) is not evidence of liability or an
7admission of liability for any environmental contamination.
AB150-engrossed,1543,10
8(4) In carrying out its regulatory and enforcement duties, the department may
9not base its treatment of a person on whether the person did or did not provide
10funding under sub. (2).
AB150-engrossed,1544,2
12144.98 Enforcement; duty of department of justice; expenses. The
13attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all
14rules, special orders, licenses, plan approvals and permits of the department, except
15those promulgated or issued under ss. 144.421 and 144.422. The circuit court for
16Dane county or for any other county where a violation occurred in whole or in part
17has jurisdiction to enforce this chapter or the rule, special order, license, plan
18approval or permit by injunctional and other relief appropriate for enforcement. For
19purposes of this proceeding where this chapter or the rule, special order, license, plan
20approval or permit prohibits in whole or in part any pollution, a violation is deemed
21a public nuisance.
The expenses incurred by the department of justice in assisting
22with the administration of this chapter shall be charged to the appropriation made
23by s. 20.370 (2) (ma) The department of natural resources may enter into agreements
24with the department of justice to assist with the administration of this chapter. Any
1funds paid to the department of justice under these agreements shall be credited to
2the appropriation account under s. 20.455 (1) (k).
AB150-engrossed,1544,4
4144.99 (title)
Penalties and remedies.
AB150-engrossed,1544,147
144.99
(2) In addition to the penalties provided under sub. (1), the court may
8award the department of justice the expenses of the investigation and prosecution
9of the violation, including attorney fees. The department of justice shall deposit in
10the state treasury for deposit into the general fund all moneys that the court awards
11to the department or the state under this subsection. Ten percent of the money
12deposited in the general fund that was awarded under this subsection for the costs
13of investigation and the expenses of prosecution, including attorney fees, shall be
14credited to the appropriation account under s. 20.455 (1) (gh).
AB150-engrossed,1544,1716
145.01
(4) Department. "Department" means the department of
industry, labor
17and human relations development.
AB150-engrossed,1544,2419
145.02
(4) (a) The department shall prescribe rules as to the qualifications,
20examination and licensing of master and journeyman plumbers and restricted
21plumber licensees, for the licensing of utility contractors, for the registration of
22plumbing apprentices and pipe layers and for the registration and training of
23registered learners. The plumbers council, created under s.
15.227 (15) 15.157 (6),
24shall advise the department in formulating the rules.
AB150-engrossed,1545,6
1145.17
(2) The department shall prescribe rules as to the qualifications,
2examination and licensing of journeymen automatic fire sprinkler system fitters and
3automatic fire sprinkler contractors and for the registration and training of
4automatic fire sprinkler system apprentices. The automatic fire sprinkler system
5contractors and journeymen council, created under
s. 15.227 (16) 15.157 (9), shall
6advise the department in formulating the rules.