AB865, s. 27
20Section
27. 66.071 (1) (j) of the statutes is amended to read:
AB865,14,2521
66.071
(1) (j) The commissioner of public works shall make an annual report
22to the council of the commissioner's doings under this section
and, the state of the
23water fund and the general condition of the
waterworks, and the water system. The 24report
, after being submitted to the council
, shall be filed in the office of the
25comptroller.
Note: These amendments change the term "waterworks" to "water system", and
make other technical revisions, in statutes governing water systems in 1st class cities.
AB865, s. 28
1Section
28. 66.077 (2) of the statutes is amended to read:
AB865,15,122
66.077
(2) All of the The provisions of this chapter and chs. 196 and 197
as the
3same shall have been and from time to time may be amended or recreated, relating
4to a
waterworks water system, including, but not limited to, those provisions relating
5to the regulation of a
waterworks water system by the public service commission,
6shall apply to
such combined waterworks a consolidated water and sewage disposal
7system as a single public utility. In prescribing rates, accounting and engineering
8practices, extension rules, service standards or other regulations for
such combined
9waterworks a consolidated water and sewage disposal system, the public service
10commission shall treat the
waterworks water system and the sewage disposal
11system separately, unless
such the commission
shall find finds that the public
12interest requires otherwise.
AB865, s. 29
13Section
29. 66.077 (3) of the statutes is amended to read:
AB865,15,2014
66.077
(3) Any town, village
, or
4th class city
of the fourth class which
now owns
15or
hereafter may acquire a waterworks plant and acquires a water system and a
16plant or system for the treatment or disposal of sewage may by ordinance
combine
17such system consolidate the systems into a single public utility. After the effective
18date of
such the ordinance
such combined the consolidated utility
shall be is subject
19to
all of the provisions of this section with the same force and effect as though
20originally 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.
AB865, s. 30
21Section
30. 66.60 (6m) (c) 1. of the statutes is amended to read:
AB865,16,16
166.60
(6m) (c) 1. If any eligible farmland contains a structure that is connected
2to a sanitary sewer or public water
supply system at the time, or after the time, that
3a town sanitary district or town first levies a special assessment for the construction
4of a sewerage or water system in the service area in which the eligible farmland is
5located, the town sanitary district or town may levy a special assessment for the
6construction of a sewerage or water system on the eligible farmland that includes
7that structure. If that connection is made after the first assessment, the town
8sanitary district or town may also charge interest on the special assessment at an
9annual rate that does not exceed the average interest rate paid by the district or town
10on its obligations between the time the district or town first levies a special
11assessment for the construction of a sewerage or water system in the service area in
12which the eligible farmland is located and the time it levies the special assessment
13on that eligible farmland. That assessment may not exceed the equivalent of an
14assessment for that purpose on a square acre or, if the governing body of a town
15sanitary district or town so specifies by ordinance, the maximum size of any lot that
16is 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.
AB865, s. 31
17Section
31. 67.05 (5) (b) of the statutes is amended to read:
AB865,18,218
67.05
(5) (b) No city or village may issue any bonds for any purposes other than
19for
waterworks water systems, lighting works, gas works, bridges, street lighting,
20street improvements, street improvement funding, hospitals, airports, harbor
21improvements, river improvements, breakwaters and protection piers, sewerage,
22garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or
23refuse or rubbish disposal, parks and public grounds, swimming pools and band
1shells thereon, veterans housing projects, paying the municipality's portion of the
2cost of abolishing grade crossings, for the construction of police facilities and
3combined fire and police safety buildings, for the purchase of sites for engine houses,
4for fire engines and other equipment of the fire department, for construction of
5engine houses, and for pumps, water mains, reservoirs and all other reasonable
6facilities for fire protection apparatus or equipment for fire protection, for parking
7lots or other parking facilities, for school purposes, for libraries, for buildings for the
8housing of machinery and equipment, for acquiring and developing sites for industry
9and commerce as will expand the municipal tax base, for financing the cost of
10low-interest mortgage loans under s. 66.38, for providing financial assistance to
11blight elimination, slum clearance, community development, redevelopment and
12urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431,
1366.4325, 66.435 and 66.46 or for university of Wisconsin system centers until the
14proposition for their issue for the special purpose thereof has been submitted to the
15electors of the city or village and adopted by a majority vote. Except as provided
16under sub. (15), if the common council of any city or the village board of any village
17declares its purpose to raise money by issuing bonds for any purpose other than those
18above specified, it shall direct by resolution, which shall be recorded at length in the
19record of its proceedings, the clerk to call a special election for the purpose of
20submitting the question of bonding to the city or village electors. If a number of
21electors of a city or village equal to at least 15% of the votes cast for governor at the
22last general election in their city or village sign and file a petition conforming to the
23requirements of s. 8.40 with the city or village clerk requesting submission of the
24resolution, the city or village may not issue bonds for financing the cost of
1low-interest mortgage loans under s. 66.38 without calling a special election to
2submit 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.
AB865, s. 32
3Section
32. 70.327 of the statutes is amended to read:
AB865,18,9
470.327 Valuation and assessment of property with contaminated wells. 5In determining the market value of real property with a contaminated well or water
6supply system, the assessor shall take into consideration the time and expense
7necessary to repair or replace the well or private water
supply system in calculating
8the diminution of the market value of real property attributable to the
9contamination.
Note: This amendment updates terminology regarding water systems in the
statute relating to valuation and assessment of property with contaminated wells.
AB865, s. 33
10Section
33. 87.305 (1) (intro.) of the statutes is amended to read:
AB865,18,1711
87.305
(1) Department approval. (intro.) Notwithstanding s. 87.30 or any rule
12promulgated, order issued or ordinance adopted under that section, the department
13shall authorize the connection of a sanitary sewer line from the sewerage treatment
14plant in the city of Prairie du Chien and connection of the public water
supply system 15of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St.
16Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as
17defined under s. 254.61 (3), if all of the following conditions are met:
AB865, s. 34
18Section
34. 87.305 (1) (c) (intro.) of the statutes is amended to read:
AB865,19,219
87.305
(1) (c) (intro.) The department informs the U.S. army corps of engineers,
20the department of transportation, the division of emergency government and the
21state historical society of its intention to authorize connection of sewer service and
1a water
supply system to the railroad depot and the Dousman hotel and occupancy
2of 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.
AB865, s. 35
3Section
35. 97.34 (2) (c) of the statutes is amended to read:
AB865,19,114
97.34
(2) (c) The department may require testing of bottled drinking water for
5substances subject to any standard under par. (b) and for any other substance if the
6department determines that the water
supply system used as the source of the
7bottled drinking water has a potential of being contaminated, based on
8contamination of other water
supplies systems or groundwater in the vicinity. The
9department shall adopt by rule requirements for periodic sampling and analysis for
10the purposes of this subsection. The department shall require all analyses to be
11conducted by a laboratory certified under s. 144.95.
AB865, s. 36
12Section
36. 97.34 (2) (d) of the statutes is amended to read:
AB865,19,1713
97.34
(2) (d) No person may manufacture or bottle bottled drinking water for
14sale or distribution in this state unless the
location and construction of the water
15supply and the pump installation water system used by the manufacturer or bottler
16comply complies with
ch. 162 and rules promulgated by the department of natural
17resources under
s. 162.03 that chapter.
Note: These amendments update terminology relating to water systems in the
statutes relating to bottled drinking water standards.
AB865, s. 37
18Section
37. 101.143 (4) (b) 10. of the statutes is amended to read:
AB865,19,2019
101.143
(4) (b) 10. Restoration or replacement of a private or public potable
20water
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.
AB865, s. 38
1Section
38. 144.01 (9) of the statutes is amended to read:
AB865,20,52
144.01
(9) "Owner" means the state, county, town, town sanitary district, city,
3village, metropolitan sewerage district, corporation, firm, company, institution or
4individual owning or operating any
water supply, sewerage or water system or
5sewage and refuse disposal plant.
AB865, s. 39
6Section
39. 144.01 (15) of the statutes is amended to read:
AB865,20,167
144.01
(15) "Solid waste" means any garbage, refuse, sludge from a waste
8treatment plant, water
supply treatment plant or air pollution control facility and
9other discarded or salvageable materials, including solid, liquid, semisolid, or
10contained gaseous materials resulting from industrial, commercial, mining and
11agricultural operations, and from community activities, but does not include solids
12or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
13return flows or industrial discharges which are point sources subject to permits
14under ch. 147, or source material, as defined in s. 254.31 (10), special nuclear
15material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
16(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.
AB865, s. 40
17Section
40. 144.02 (1) of the statutes is amended to read:
AB865,20,2118
144.02
(1) The department is authorized to act Act with the U.S. geological
19survey in determining the sanitary and other conditions and nature of the natural
20water
supplies of the state of Wisconsin, such water survey to have for its objects 21sources in this state, for the following purposes:
AB865,20,2322
(a) To determine the nature and condition of the unpolluted natural water
23supplies of the state sources.
AB865,21,2
1(b) To determine to what extent the natural
waters water sources are being
2contaminated by sewage from cities, villages and towns.
AB865,21,53
(c) To determine to what extent the natural
waters
water sources are being
4polluted by
industrial other wastes
, and in what way these wastes might be utilized
5for beneficial purposes.
AB865,21,66
(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.
AB865, s. 41
7Section
41. 144.025 (2) (b) 1. of the statutes is amended to read:
AB865,21,198
144.025
(2) (b) 1. The department shall promulgate rules setting standards of
9water quality to be applicable to the waters of the state, recognizing that different
10standards may be required for different waters or portions thereof. Water quality
11standards shall consist of the designated uses of the waters or portions thereof and
12the water quality criteria for those waters based upon the designated use. Water
13quality standards shall protect the public interest, which include the protection of
14the public health and welfare and the present and prospective future use of such
15waters for public and private water
supplies systems, propagation of fish and aquatic
16life and wildlife, domestic and recreational purposes and agricultural, commercial,
17industrial and other legitimate uses. In all cases where the potential uses of water
18are in conflict, water quality standards shall be interpreted to protect the general
19public interest.
Note: This amendment updates terminology relating to water systems in the
statute providing rule-making authority for water quality standards.
AB865, s. 42
20Section
42. 144.025 (2) (h) of the statutes is amended to read:
AB865,22,521
144.025
(2) (h) The department, upon request, shall consult with and advise
22owners
having who have installed or
are about to install systems or plants, as to the
1most appropriate water
supply source and the best method of providing for its purity,
2or as to the best method of disposing of wastewater, including operations and
3maintenance, taking into consideration the future needs of the community for
4protection of its water supply. The department
shall
is not
be required to prepare
5plans.
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.
AB865, s. 43
6Section
43. 144.025 (2) (L) of the statutes is amended to read:
AB865,23,37
144.025
(2) (L) The department shall promulgate rules establishing an
8examining program for the certification of operators of
waterworks water systems,
9wastewater treatment plants and septage servicing vehicles operated under a
10license issued under s. 146.20 (3), setting such standards as the department finds
11necessary to accomplish the purposes of this chapter, including requirements for
12continuing education. The department may charge applicants a fee for certification.
13All moneys collected under this paragraph for the certification of operators of
14waterworks water systems, wastewater treatment plants and septage servicing
15vehicles shall be credited to the appropriation under s. 20.370 (2) (bL). No person may
16operate a
waterworks water systems, wastewater treatment plant or septage
17servicing vehicle without a valid certificate issued under this paragraph. The
18department may suspend or revoke a certificate issued under this paragraph for a
19violation of any statute or rule relating to the operation of a
waterworks water
20system or wastewater treatment plant or to septage servicing, for failure to fulfill the
21continuing education requirements or as provided under s. 145.245 (3). The owner
22of any wastewater treatment plant shall be, or shall employ, an operator certified
23under this paragraph who shall be responsible for plant operations, unless the
1department by rule provides otherwise. In this paragraph, "wastewater treatment
2plant" means a system or plant used to treat industrial wastewater, domestic
3wastewater 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.
AB865, s. 44
4Section
44. 144.0255 (1) and (2) of the statutes are amended to read:
AB865,23,125
144.0255
(1) The department may award a municipal clean drinking water
6grant, from the appropriation under s. 20.866 (2) (tb), to a municipality for capital
7costs to achieve compliance with standards for contaminants established by the
8department by rule under the safe drinking water program under s. 144.025 (2) (t),
9if the municipality is not in compliance with those standards on or after April 1, 1990,
10if the municipality incurs the capital costs after January 1, 1989, and if the violation
11of the standards for contaminants occurs in a public water
supply system owned by
12the municipality.
AB865,23,20
13(2) The department shall approve grants under this section equal to 90% of the
14amount by which the reasonable and necessary capital costs of achieving compliance
15with the standards for contaminants exceed an amount equal to $25 times the
16population that is served by the contaminated public water
supply system for which
17a grant is sought if the reasonable and necessary capital costs of achieving
18compliance with
such those standards are an amount equal to an amount that is
19greater than $150 times the population that is served by the contaminated water
20supply system.
Note: This amendment updates terminology relating to water systems in the
statute governing municipal clean drinking water grants.
AB865, s. 45
21Section
45. 144.442 (6) (c) of the statutes is amended to read:
AB865,24,12
1144.442
(6) (c)
Sequence of remedial action. In determining the sequence for
2taking remedial action under this subsection, the department shall consider the
3hazard ranking of each site or facility, the amount of funds available, the information
4available about each site or facility, the willingness and ability of an owner, operator
5or other responsible person to undertake or assist in remedial action, the availability
6of federal funds under
42 USC 9601, et seq., and other relevant factors. The
7department shall give the highest priority to remedial action at sites or facilities
8which have caused contamination of a municipal water
supply system in a town with
9a population greater than 10,000. If any such site or facility is eligible for federal
10funds under 42 USC s. 9601 to 9675, but the federal funds will not be available before
11January 1, 2000, the department shall proceed with remedial action using state
12funds.
AB865,24,1915
144.77
(6) (a) The department may utilize moneys appropriated under s.
1620.370 (2) (dv) and (my) in taking action under sub.
(3) (4). The department shall
17utilize these moneys to provide for the procurement, maintenance and storage of
18necessary equipment and supplies, personnel training and expenses incurred in
19locating, 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.
AB865, s. 47
20Section
47. 145.04 (title) and (1) of the statutes are amended to read:
AB865,25,6
1145.04 (title)
Waterworks Water and sewerage systems. (1) Ordinance
2rules. A
city of the 1st, 2nd or 3rd class
having a system of waterworks city with a
3water system or sewerage
system shall, and a village
or city of the, 4th class
or any 4city, town
or, county or metropolitan sewerage commission may, by ordinance,
5prescribe rules relating to local permits for the installation, alteration and inspection
6of plumbing to safeguard the public health.
AB865, s. 48
7Section
48. 145.05 of the statutes is amended to read:
AB865,25,23
8145.05 Plumbing supervisors, supervision. (1) The
common council of a
91st, 2nd or 3rd class city
of the first, second or third class, having a with a water
10system or sewerage system
of waterworks or sewerage, or the officer or board in
11charge, shall appoint one or more plumbing supervisors, who shall be licensed
12plumbers, and unless under civil service shall serve for a term of 4 years or more
13subject to removal for just cause except as otherwise provided by ordinance when
14first appointed, but need not renew their licenses while they continue in office. The
15common council of a
4th class city
of the fourth class and, the board of a village, town
, 16or county or the commissioner in charge of any metropolitan sewerage district may
17appoint one or more plumbing supervisors who shall be practical plumbers, skilled
18sanitarians, or competent persons familiar with plumbing and unless under civil
19service shall serve for a term of 4 years or more subject to removal for just cause
20except as otherwise provided by ordinance. They shall supervise all plumbing, new
21or alterations or repairs, and report to the appointing body violations of regulations,
22and perform such other appropriate duties as may be required. Their compensation
23shall be fixed by the council, board or commission.
AB865,26,5
24(2) Where a If a water system or sewerage system
of waterworks or sewerage
25has been or shall be is established in any city, village, town or metropolitan sewerage
1district which has not provided for a board or officer to supervise plumbing, drainage
2and sewerage, the department shall take immediate and entire control of plumbing,
3drainage and sewerage intended to be connected with
public sewer or waterworks 4the water system or sewerage system, and exercise all the powers conferred by this
5section 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.
AB865, s. 49
6Section
49. 160.27 (5) of the statutes is amended to read:
AB865,26,127
160.27
(5) Notwithstanding subs. (1) to (3), a regulatory agency may develop
8and operate a system for monitoring and sampling groundwater to determine
9compliance with this chapter. This section does not affect the authority of the
10department to require groundwater monitoring by owners or operators of solid or
11hazardous waste facilities
or, water
supply systems or wastewater systems under ch.
12144, 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.
AB865, s. 50
13Section
50. 160.34 of the statutes is amended to read:
AB865,26,19
14160.34 No mandatory well repair as a condition for testing. No
15regulatory agency may require as a condition for the testing of a private water
supply 16system at the request of the owner that the owner agree to institute changes
17necessary to bring the construction or design of the water
supply system into
18compliance with administrative rules in effect at the time of testing but not in effect
19prior 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.
AB865, s. 51
20Section
51. 196.58 (7) (a) of the statutes is amended to read:
AB865,27,22
1196.58
(7) (a) If a municipality operating a
waterworks water system seeks to
2serve consumers of an area which is part of the municipality and in the same county,
3but in order to serve such consumers it is necessary or economically prudent for the
4municipality to install mains, transmission lines, pipes or service connections
5through, upon or under a public street, highway, road, public thoroughfare or alley
6located within the boundaries of any adjacent municipality, the municipality seeking
7the installation may file a petition with the clerk of the legislative body of the
8adjacent municipality requesting approval for the installation of the mains,
9transmission lines, pipes or service connections. The governing body of the adjacent
10municipality shall act on the petition within 15 days after the petition is filed. If the
11governing body of the adjacent municipality fails to act within the 15-day period, the
12petition shall be deemed approved and the municipality may proceed with the
13installations required for service to its consumers. If, however, the governing body
14of the adjacent municipality rejects the petition, the municipality may make
15application to the commission for authority to install within the boundaries of the
16adjacent municipality the installations necessary to provide service to its consumers.
17The commission shall hold a hearing upon the application of the municipality. If the
18commission determines that it is necessary or economically prudent that the
19municipality seeking to serve its consumers make the installations within the
20boundaries of the adjacent municipality, the commission shall promptly issue an
21order authorizing the municipality to proceed to make the installation. In the order,
22the 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.
AB865, s. 52
23Section
52. 254.36 (3) (intro.) of the statutes is amended to read:
AB865,28,11
1254.36
(3) (intro.) The council shall monitor the development and
2implementation of private and local, state and federal government radiation-related
3policies and programs which may affect the health or well-being of the citizens of the
4state. These policies and programs include those involving ionizing radiation from
5X-rays or radioactive materials, nonionizing radiation such as lasers and
6microwaves, radioactive waste handling and disposal, the transportation of
7radioactive materials, radioactive air and water pollutants, radiation emergency
8response planning, the contamination of drinking water
supplies systems by
9radioactive materials, the environmental monitoring of radioactive materials and
10radon or its products of radioactive decay. As a result of monitoring these policies and
11programs, 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.
AB865, s. 53
12Section
53. 301.24 (2) of the statutes is amended to read:
AB865,28,1613
301.24
(2) Easements. The department may grant easements for the extension
14of municipal and public utilities onto the lands of the institutions under its
15jurisdiction, for the purpose of connecting railroads, roads,
waterworks water
16systems, 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.
AB865, s. 54
17Section
54. 560.08 (2) (b) of the statutes is amended to read:
AB865,29,618
560.08
(2) (b) Assemble and correlate information relating to all facets of the
19state's economic resources, including without limitation, the labor supply, markets
20for Wisconsin products, power development, highways, watersheds, waterways,
21waterfront and harbor developments, water freight rates, tariffs, demurrage charges
1and state and federal regulations affecting ports, river basins, flood prevention,
2parks, reservations, river valleys, forests, wildlife refuges, aviation facilities,
3drainage and sanitary systems, waste disposal, waterworks, soil conservation,
4railroad rights-of-way, power transmission facilities, urban development, food,
5housing and water
supplies systems, and factors which influence the development
6of 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.