SB622,52,115
23.39
(1) The secretary shall designate an attorney in the department as public
6intervenor. Written notices of all administrative proceedings under chs. 30, 31,
144
7and 147 281 to 285 and 289 to 299, except s. 281.48, shall be given to the public
8intervenor and to the administrators of divisions primarily assigned the
9departmental functions under chs. 29
and 144, 281, 285 and 289 to 299, except s.
10281.48, by the agency head responsible for such proceedings. A copy of such notice
11shall also be given to the natural areas preservation council.
SB622,52,20
12(2) (a) With the approval of the public intervenor board the public intervenor
13shall formally intervene in administrative proceedings when requested to do so by
14an administrator of a division primarily assigned the departmental functions under
15ch. chs. 29
or 144, 281, 285 or 289 to 299, except s. 281.48. With the approval of the
16public intervenor board, the public intervenor may, on the public intervenor's own
17initiative or upon request of any committee of the legislature, formally intervene in
18all administrative proceedings where such intervention is needed for the protection
19of "public rights" in water and other natural resources, as provided in chs. 30 and 31
20and defined by the supreme court.
SB622, s. 112
21Section
112. 23.41 (2) of the statutes is amended to read:
SB622,52,2522
23.41
(2) The department may contract for construction work related to
23hazardous substance spill response under s.
144.76
292.11 or environmental repair
24under s.
144.442 292.31 or for engineering services or environmental consultant
25services in connection with such construction work.
SB622,53,153
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
4court to recover forfeitures, penalty assessments, jail assessments, applicable
5weapons assessments, applicable environmental assessments, applicable wild
6animal protection assessments, applicable natural resources assessments,
7applicable fishing shelter removal assessments, applicable snowmobile registration
8restitution payments and applicable natural resources restitution payments for
9violations of ss. 77.09, 134.60,
144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2)
10to (5), 147.021, 159.07, 159.08, 159.81 167.10 (3)
and
, 167.31 (2),
281.48 (2) to (5),
11283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch. VI of
12ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules
13promulgated thereunder, violations of rules of the Kickapoo valley governing board
14under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority
15in accordance with s. 23.33 (11) (am) or 30.77.
SB622, s. 114
16Section
114. 23.51 (3c) of the statutes is amended to read:
SB622,53,1817
23.51
(3c) "Environmental assessment" means the assessment imposed under
18s.
144.992 299.93.
SB622,54,1121
23.53
(1) The citation created under this section shall, in all actions to recover
22forfeitures, penalty assessments, jail assessments, applicable weapons assessments,
23applicable environmental assessments, applicable wild animal protection
24assessments, applicable natural resources assessments, applicable fishing shelter
25removal assessments, applicable snowmobile registration restitution payments and
1applicable natural resources restitution payments for violations of those statutes
2enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and
3any rule of the Kickapoo valley governing board under s. 41.41 (7) (k) be used by any
4law enforcement officer with authority to enforce those laws, except that the uniform
5traffic citation created under s. 345.11 may be used by a traffic officer employed
6under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of
7a municipality or county or a traffic officer employed under s. 110.07 in enforcing s.
8159.81 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for
9violations of ch. 350 relating to highway use. The citation may be used for violations
10of local ordinances enacted by any local authority in accordance with s. 23.33 (11)
11(am) or 30.77.
SB622, s. 116
12Section
116. 23.65 (1) of the statutes is amended to read:
SB622,54,1813
23.65
(1) When it appears to the district attorney that a violation of s. 134.60,
14144.421 281.48 (2) to (5), 283.33, 285.57 (2),
144.422 (2), (2m) (c) or (2r), 146.20 (2)
15to (5), 147.021, 159.07, 159.08 285.59 (2), (3) (c) and (4), 287.07, 287.08 or
159.81 16287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule
17promulgated pursuant thereto, has been committed the district attorney may
18proceed by complaint and summons.
SB622, s. 117
19Section
117. 23.65 (3) of the statutes is amended to read:
SB622,54,2520
23.65
(3) If a district attorney refuses or is unavailable to issue a complaint, a
21circuit judge, after conducting a hearing, may permit the filing of a complaint if he
22or she finds there is probable cause to believe that the person charged has committed
23a violation of s.
159.07, 159.08 or 159.81 287.07, 287.08 or 287.81, this chapter or ch.
2426, 27, 28, 29, 30, 31 or 350.The district attorney shall be informed of the hearing and
25may attend.
SB622, s. 118
1Section
118. 24.60 (2) of the statutes is amended to read:
SB622,55,52
24.60
(2) "Municipality" means a town, village, city, county, public inland lake
3protection and rehabilitation district, town sanitary district created under s. 60.71,
4metropolitan sewerage district created under s. 66.22 or 66.882, joint sewerage
5system created under s.
144.07 281.43 (4), school district or technical college district.
SB622, s. 119
6Section
119. 24.61 (3) (a) 8. of the statutes is amended to read:
SB622,55,87
24.61
(3) (a) 8. A joint sewerage system created under s.
144.07 281.43 (4) for
8the purpose of exercising its powers under s.
144.07
281.43 (4).
SB622, s. 120
9Section
120. 24.66 (2p) of the statutes is amended to read:
SB622,55,1410
24.66
(2p) For sewerage districts. Every application for a loan under this
11section to a sewerage district created under s. 66.22 shall be approved and authorized
12by a majority of the commissioners of the district; to a sewerage district created
13under s. 66.882, as provided under s. 66.886 (2) (a); and to a joint sewerage system
14created under s.
144.07 281.43 (4), as provided under s.
144.07 281.43 (4) (d).
SB622, s. 121
15Section
121. 25.17 (2) (d) of the statutes is amended to read:
SB622,55,2116
25.17
(2) (d) Invest the clean water fund, and collect the principal and interest
17of all moneys loaned or invested from the clean water fund, as directed by the
18department of administration under s.
144.2415 281.59 (2m). In making such
19investment, the investment board shall accept any reasonable terms and conditions
20that the department of administration specifies and is relieved of any obligations
21relevant to prudent investment of the fund, including those set forth under ch. 881.
SB622, s. 122
22Section
122. 25.43 (1) (e) of the statutes is amended to read:
SB622,55,2523
25.43
(1) (e) All repayments of principal and payment of interest on loans made
24from the clean water fund and on obligations acquired by the department of
25administration under s.
144.2415 281.59 (12).
SB622, s. 123
1Section
123. 25.43 (1) (f) of the statutes is amended to read:
SB622,56,42
25.43
(1) (f) All moneys received by the clean water fund from the proceeds of
3the sale of general or revenue obligations under ch. 18 for the purpose of s. 20.866
4(2) (tc) or
144.2415 281.59 (4).
SB622, s. 124
5Section
124. 25.43 (1) (g) of the statutes is amended to read:
SB622,56,76
25.43
(1) (g) All moneys received from the sale of loans made under s.
144.2415 7281.59 (2m) (a) 2.
SB622, s. 125
8Section
125. 25.43 (1) (h) of the statutes is amended to read:
SB622,56,99
25.43
(1) (h) The fees imposed under s.
144.241 281.58 (9) (d).
SB622, s. 126
10Section
126. 25.43 (2) (c) of the statutes is amended to read:
SB622,56,1511
25.43
(2) (c) The department of administration may establish and change
12accounts in the clean water fund other than those under pars. (a) and (b). The
13department of administration shall consult the department of natural resources
14before establishing or changing an account that is needed to administer the program
15under s.
144.241 281.58 or
144.2415 281.59.
SB622,56,2118
25.43
(3) Except for the purpose of investment as provided in s. 25.17 (2) (d),
19the clean water fund may be used only for the purposes authorized under ss. 20.320
20(1) (r), (s) and (t), 20.370 (2) (mt) and (mx), (6) (mu) and (mx) and (8) (mr), 20.505 (1)
21(v) and (x),
144.241 and 144.2415 281.58 and 281.59.
SB622, s. 128
22Section
128. 25.45 of the statutes is amended to read:
SB622,57,5
2325.45 Waste management fund. There is established a separate nonlapsible
24trust fund designated as the waste management fund, to consist of the tonnage fees
25imposed under s. 144.441 (3), 1989 stats., except for tonnage fees paid by a
1nonapproved facility, as defined in s.
144.441 (1) (c) 289.01 (24); waste management
2base fees imposed under s. 144.441 (5), 1989 stats.; and all moneys received or
3recovered under s.
144.443 289.41 (11) (a) 1., 3. or 4. and (am) 1., 3. and 4. Moneys
4in the waste management fund shall be used for the purposes specified under s.
5144.441 (6) (d) to (h) 289.68 (3) to (6).
SB622, s. 129
6Section
129. 25.46 (5e) of the statutes is amended to read:
SB622,57,87
25.46
(5e) All moneys received under s.
144.027 281.75 (16) (d) for
8environmental repair.
SB622, s. 130
9Section
130. 25.46 (5m) of the statutes is amended to read:
SB622,57,1210
25.46
(5m) The tonnage fees imposed under s.
144.441 (3) 289.62 (1) that are
11paid by a nonapproved facility, as defined in s.
144.441 (1) (c) 289.01 (24), for
12environmental repair.
SB622, s. 131
13Section
131. 25.46 (6) of the statutes is amended to read:
SB622,57,1514
25.46
(6) The groundwater fees imposed under s.
144.441 (7) 289.63 for
15groundwater management.
SB622, s. 132
16Section
132. 25.46 (6m) of the statutes is amended to read:
SB622,57,1817
25.46
(6m) The well compensation fees imposed under s.
144.441 (7) 289.63 for
18environmental repair.
SB622, s. 133
19Section
133. 25.46 (6r) of the statutes is amended to read:
SB622,57,2120
25.46
(6r) The solid waste capacity fees imposed under ss.
144.441 (7) 289.63 21and
144.4412 289.65 for environmental repair.
SB622, s. 134
22Section
134. 25.46 (7) of the statutes is amended to read:
SB622,57,2423
25.46
(7) The fees imposed under s.
144.442 (1m) 289.67 (1) for environmental
24repair.
SB622, s. 135
25Section
135. 25.46 (8) of the statutes is amended to read:
SB622,58,2
125.46
(8) The fees and surcharges imposed under s.
144.442 (2) and (3) 289.67
2(3) and (4) for environmental repair.
SB622, s. 136
3Section
136. 25.46 (9) of the statutes is amended to read:
SB622,58,54
25.46
(9) The moneys received from municipalities under s.
144.442 (8) 292.31
5(7) (c) for environmental repair.
SB622, s. 137
6Section
137. 25.46 (10) of the statutes is amended to read:
SB622,58,87
25.46
(10) The amounts required to be paid into the environmental fund under
8s.
144.442 (9) 292.31 (8) (g) for environmental repair.
SB622, s. 138
9Section
138. 25.46 (10m) of the statutes is amended to read:
SB622,58,1110
25.46
(10m) The moneys recovered under s.
144.442 (9m) (e) 292.61 (5) for
11environmental repair.
SB622, s. 139
12Section
139. 25.46 (11) of the statutes is amended to read:
SB622,58,1413
25.46
(11) The moneys received from reimbursements under s.
144.76 292.11 14(6) (c) 1. for environmental repair.
SB622, s. 140
15Section
140. 25.46 (12) of the statutes is amended to read:
SB622,58,1916
25.46
(12) The moneys received from the federal government as
17reimbursement under s.
144.76 292.11 (6) (c) 2. and for purposes related to the
18hazardous substances spills program, the abandoned container program and the
19environmental repair of waste facilities.
SB622, s. 141
20Section
141. 25.46 (13) of the statutes is amended to read:
SB622,58,2221
25.46
(13) The moneys received from reimbursements under s.
144.77 292.41 22(6) (c) for the abandoned container program.
SB622, s. 142
23Section
142. 25.46 (13m) of the statutes is amended to read:
SB622,59,3
125.46
(13m) The environmental assessments imposed under s.
144.992 299.93 2for environmental enforcement, environmental repair and environmental
3education.
SB622, s. 143
4Section
143. 25.46 (15) of the statutes is amended to read:
SB622,59,65
25.46
(15) The fees imposed under s.
146.20 281.48 (4s) (d) for groundwater
6management.
SB622, s. 144
7Section
144. 25.46 (16) of the statutes is amended to read:
SB622,59,98
25.46
(16) The fees imposed under s.
147.033 (1) 283.31 (7) for groundwater
9management.
SB622, s. 145
10Section
145. 25.46 (17) of the statutes is amended to read:
SB622,59,1211
25.46
(17) All moneys received from fees under s.
144.442 (1s) 289.67 (2) for
12environmental repair.
SB622,59,1615
25.46
(17m) All moneys received under s.
144.968 292.51 (2) for cooperative
16remedial action.
SB622, s. 147
17Section
147. 25.46 (18) of the statutes is amended to read:
SB622,59,1918
25.46
(18) All moneys received under s.
147.23 283.87 or as a settlement to any
19action initiated or contemplated under s.
147.23
283.87 for environmental repair.
SB622, s. 148
20Section
148. 25.49 (2) of the statutes is amended to read:
SB622,59,2121
25.49
(2) The fees imposed under s.
159.31 287.31.
SB622,60,3
127.019
(11) Enforce highway littering law. Such committee shall work out
2plans to enforce the provision of s.
159.81 287.81 (2) (a) prohibiting the depositing of
3solid waste on or along highways.
SB622, s. 150
4Section
150. 27.065 (10) (a) of the statutes is amended to read:
SB622,60,155
27.065
(10) (a) The special improvement bonds herein mentioned shall be equal
6liens against all lots, parts of lots or parcels of land against which special
7assessments have been made, without priority one over another, which liens shall
8take precedence of all other claims or liens thereon, except a lien under s.
144.442
9(9) 292.31 (8) (i),
144.76 (13) or 144.77 292.41 (6) (d)
or 292.81, and when issued shall
10transfer to the holders thereof all the right, title and interest of such county in and
11to the assessment made on account of the improvement mentioned therein and the
12liens thereby created, with full power to enforce the collection thereof by foreclosure
13in the manner mortgages on real estate are foreclosed. The time of redemption
14therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed
15as a part of the judgment roll in said action in lieu of the original thereof.
SB622, s. 151
16Section
151. 29.05 (8) (a) of the statutes is amended to read:
SB622,61,417
29.05
(8) (a) The department and its wardens shall seize and hold subject to
18the order of the court for the county in which the alleged offense was committed, any
19apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a
20public nuisance, which they have probable cause to believe is being used in violation
21of this chapter, an administrative rule promulgated under this chapter or s.
159.81, 22167.31,
287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the
23commission of a crime relating to a submerged cultural resource in violation of s.
2444.47. If it is proven that within 6 months previous to the seizure the apparatus,
25appliance, equipment, vehicle or device was used in violation of this chapter or an
1administrative rule promulgated under this chapter or s.
159.81, 167.31,
287.81, 2940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime
3relating to a submerged cultural resource in violation of s. 44.47, it shall be
4confiscated if the court directs in its order for judgment.
SB622, s. 152
5Section
152. 29.135 (1) (b) of the statutes is amended to read:
SB622,61,96
29.135
(1) (b) "Fish" means any processed or unprocessed fish of those species
7which are found in the waters of
this the state as defined in s.
144.01 (19) 281.01 (18),
8including parts of fish or fish products. "Fish" does not include minnows produced
9and sold or purchased as bait.
SB622, s. 153
10Section
153. 29.29 (3) (b) of the statutes is amended to read:
SB622,61,2511
29.29
(3) (b) No person may throw or deposit, or permit to be thrown or
12deposited, into any waters within the jurisdiction of the state any lime, oil, tar,
13garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted
14by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill
15shavings or waste material of any kind, or any acids or chemicals or waste or refuse
16arising from the manufacture of any article of commerce, or any other substance
17deleterious to game or fish life other than authorized drainage and sewage from
18municipalities and industrial or other wastes discharged from mines or commercial
19or industrial or ore processing plants or operations, through treatment and disposal
20facilities installed and operated in accordance with plans submitted to and approved
21by the department
of natural resources under
ch. 144 chs. 281, 285 or 289 to 299,
22except s. 281.48, or in compliance with orders of
that the department. Any such order
23shall be subject to modification by subsequent orders. Any person violating this
24paragraph shall forfeit not more than $200. Each day of a continuing violation is a
25separate offense.
SB622, s. 154
1Section
154. 30.01 (1b) of the statutes is amended to read:
SB622,62,32
30.01
(1b) "Authorized base level of water loss" has the meaning given under
3s.
144.026 281.35 (1) (b).
SB622, s. 155
4Section
155. 30.01 (7m) of the statutes is amended to read: