SB622,62,55
30.01
(7m) "Water loss" has the meaning given under s.
144.026 281.35 (1) (L).
SB622, s. 156
6Section
156. 30.01 (9) of the statutes is amended to read:
SB622,62,77
30.01
(9) "Withdrawal" has the meaning given under s.
144.026 281.35 (1) (m).
SB622, s. 157
8Section
157. 30.12 (4) (a) of the statutes is amended to read:
SB622,62,189
30.12
(4) (a) Activities affecting waters of the state as defined in s.
144.01 10281.01 (18) that are carried out under the direction and supervision of the
11department of transportation in connection with highway and bridge design,
12location, construction, reconstruction, maintenance and repair are not subject to the
13prohibitions or permit or approval requirements specified under this section or s.
1429.29, 30.11, 30.123, 30.195, 30.20, 59.971, 61.351, 62.231
, or 87.30 or
ch. 144 or 147 15chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time
16prior to the commencement of these activities, the department of transportation
17shall notify the department of the location, nature and extent of the proposed work
18that may affect the waters of the state.
SB622, s. 158
19Section
158. 30.124 (1) (intro.) of the statutes is amended to read:
SB622,62,2420
30.124
(1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44 and 30.45
21and if the department finds that the activity will not adversely affect public or private
22rights or interests in fish and wildlife populations, navigation or waterway flood flow
23capacity and will not result in environmental pollution, as defined in s.
144.01 (3) 24299.01 (4), the department may do all of the following on public lands or waters:
SB622, s. 159
25Section
159. 30.18 (2) (b) of the statutes is amended to read:
SB622,63,5
130.18
(2) (b)
Streams or lakes. No person, except a person required to obtain
2an approval under s.
144.04 281.41, may divert water from any lake or stream in this
3state without a permit under this section if the diversion will result in a water loss
4averaging 2,000,000 gallons per day in any 30-day period above the person's
5authorized base level of water loss.
SB622, s. 160
6Section
160. 30.18 (3) (b) of the statutes is amended to read:
SB622,63,107
30.18
(3) (b)
Application; streams or lakes. An application for a permit required
8under sub. (2) (b) shall be submitted in the form required under s.
144.026 281.35 (5)
9(a). If the diversion also meets either condition specified under sub. (2) (a), the
10application shall also comply with par. (a).
SB622, s. 161
11Section
161. 30.18 (4) (a) of the statutes is amended to read:
SB622,63,1912
30.18
(4) (a) Upon receipt of a complete application, the department shall
13follow the notice and hearing procedures under s. 30.02 (3) and (4). In addition to
14the notice requirements under s. 30.02 (3) and (4), the department shall mail a copy
15of the notice to every person upon whose land any part of the canal or any other
16structure will be located, to the clerk of the next town downstream, to the clerk of any
17village or city in which the lake or stream is located and which is adjacent to any
18municipality in which the diversion will take place and to each person specified in
19s.
144.026 281.35 (5) (b) or (6) (f), if applicable.
SB622, s. 162
20Section
162. 30.18 (4) (b) of the statutes is amended to read:
SB622,63,2321
30.18
(4) (b) If a hearing on the application for a permit is conducted as a part
22of a hearing under s.
144.836 293.43, the notice and hearing provisions in that section
23supersede the notice and hearing provisions of par. (a).
SB622, s. 163
24Section
163. 30.18 (5) (b) of the statutes is amended to read:
SB622,64,4
130.18
(5) (b)
Streams or lakes. The department shall approve an application
2for a permit required under sub. (2) (b) if the grounds for approval specified under
3s.
144.026 281.35 (5) (d) are met and, if the permit is also required under sub. (2) (a),
4if the department makes the determinations specified under par. (a).
SB622, s. 164
5Section
164. 30.18 (6) (a) of the statutes is amended to read:
SB622,64,96
30.18
(6) (a)
Contents of permit. The department shall specify on each permit
7issued under this section the quantity of water that may be diverted and the times
8during which water may be diverted. In addition, if the permit is one which is
9required under sub. (2) (b), the permit shall comply with s.
144.026 281.35 (6).
SB622, s. 165
10Section
165. 30.18 (6) (d) of the statutes is amended to read:
SB622,64,1511
30.18
(6) (d)
Review of permits. If the permit is one that is required under sub.
12(2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957,
13the department shall review the permit at least once every 5 years. If the permit is
14one that is required under sub. (2) (b), the department shall review the permit as
15required under s.
144.026 281.35 (6) (b).
SB622, s. 166
16Section
166. 30.18 (6m) (c) of the statutes is amended to read:
SB622,64,1817
30.18
(6m) (c) The department may revoke a permit issued under sub. (5) (b)
18only as provided under s.
144.026 281.35 (6).
SB622, s. 167
19Section
167. 30.19 (3) (b) of the statutes is amended to read:
SB622,64,2220
30.19
(3) (b) If a hearing on the application for a permit is conducted as a part
21of a hearing under s.
144.836 293.43, the notice, comment and hearing provisions in
22that section supersede the notice, comment and hearing provisions of par. (a).
SB622, s. 168
23Section
168. 30.19 (4) of the statutes is amended to read:
SB622,65,524
30.19
(4) Issuance of permit. If the department finds that the project will not
25injure public rights or interest, including fish and game habitat, that the project will
1not cause environmental pollution as defined in s.
144.01 (3) 299.01 (4), that any
2enlargement connected to navigable waterways conforms to the requirement of laws
3for the platting of land and for sanitation and that no material injury to the rights
4of any riparian owners on any body of water affected will result, the department shall
5issue a permit authorizing the enlargement of the affected waterways.
SB622, s. 169
6Section
169. 30.20 (2) (a) of the statutes is amended to read:
SB622,65,167
30.20
(2) (a) The department, whenever consistent with public rights, may
8enter into contracts on behalf of the state for the removal of any material from the
9bed of any navigable lake or any of the outlying waters, and for the lease or sale of
10the material. Every contract shall contain such conditions as may be necessary for
11the protection of the public interest and the interests of the state and shall fix the
12compensation to be paid to the state for material so removed, except that no
13compensation may be paid for the material if the contract is with a municipality as
14defined in s.
144.01 281.01 (6) and the material is to be used for a municipal purpose
15and not for resale. No contract entered into under this paragraph may run for a
16longer period than 5 years.
SB622, s. 170
17Section
170. 30.202 (3) of the statutes is amended to read:
SB622,65,2318
30.202
(3) Exemption from statutes and rules. Dredge spoil disposal activities
19authorized under sub. (2) are exempt from any prohibition, restriction, requirement,
20permit, license, approval, authorization, fee, notice, hearing, procedure or penalty
21specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971 or 87.30 or
ch. 144 or
22147 chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule
23promulgated, order issued or ordinance adopted under those sections or chapters.
SB622, s. 171
24Section
171. 30.202 (4) of the statutes is amended to read:
SB622,66,5
130.202
(4) Hazardous waste dredge spoil disposal. In consultation with the
2U.S. corps of engineers, the department shall establish special conditions and
3standards for the disposal of dredge spoils which are hazardous waste, as defined
4under s.
144.61 (5) 291.01 (7). These special conditions and standards shall be
5established to ensure that public health and the environment are protected.
SB622, s. 172
6Section
172. 30.203 (4) (d) of the statutes is amended to read:
SB622,66,87
30.203
(4) (d) It may not cause environmental pollution, as defined in s.
144.01
8(3) 299.01 (4).
SB622, s. 173
9Section
173. 30.204 (5) of the statutes is amended to read:
SB622,66,1810
30.204
(5) Exemption from certain statutes and rules. Activities of the
11department in conducting the lake acidification experiment are exempt from any
12prohibition, restriction, requirement, permit, license, approval, authorization, fee,
13notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03,
1430.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971, 87.30,
144.01 to 144.27, 144.43
15to 144.79, 144.96 to 144.99 or 159.81 287.81, 299.15 to 299.23, 299.91, 299.95 or
16299.97 or
ch. 147 chs. 281, 283 or 289 to 292 or specified in any rule promulgated,
17order issued or ordinance adopted under any of those sections or
that chapter 18chapters.
SB622, s. 174
19Section
174. 30.206 (1) of the statutes is amended to read:
SB622,67,320
30.206
(1) For activities which require a permit or approval under ss. 30.12 (3)
21(a) and 30.19 (1) (a), the department may issue a general permit authorizing a class
22of activities, according to rules promulgated by the department. Before issuing
23general permits, the department shall determine, after an environmental analysis
24and notice and hearing under ss. 227.17 and 227.18, that the cumulative adverse
25environmental impact of the class of activity is insignificant and that issuance of the
1general permit will not injure public rights or interest, cause environmental
2pollution, as defined in s.
144.01 (3) 299.01 (4), or result in material injury to the
3rights of any riparian owner.
SB622, s. 175
4Section
175. 30.21 (3) (a) of the statutes is amended to read:
SB622,67,65
30.21
(3) (a) Each public utility operating under a permit under this section on
6January 1, 1986, shall comply with s.
144.026 281.35 (2), if applicable.
SB622,67,119
30.28
(2m) (c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or
10144.0252 281.22 is applicable to a project, the department shall charge only the
11highest fee of those that are applicable.
SB622, s. 177
12Section
177. 30.40 (16) of the statutes is amended to read:
SB622,67,1313
30.40
(16) "Solid waste" has the meaning given in s.
144.01 (15) 289.01 (33).
SB622, s. 178
14Section
178. 30.45 (4m) (a) of the statutes is amended to read:
SB622,67,1715
30.45
(4m) (a) Nonhazardous sludges from a treatment work, as defined under
16s.
147.015 283.01 (18), that is spread as a soil conditioner or a nutrient on land that
17is in agricultural use; or
SB622, s. 179
18Section
179. 30.45 (4p) of the statutes is amended to read:
SB622,67,2319
30.45
(4p) No person may dispose of the debris resulting from the demolition
20of a building or a building foundation unless the disposal is on the same parcel on
21which the demolition site is located, the debris is of a type that is not required under
22s.
144.44 (7) (g) 2. a. 289.43 (8) (b) 1. to be disposed of in a licensed solid waste disposal
23facility and the debris is buried.
SB622, s. 180
24Section
180. 31.06 (3) of the statutes is amended to read:
SB622,69,5
131.06
(3) At such hearing or any adjournment thereof the department shall
2consider the application, and shall take evidence offered by the applicant and other
3persons in support thereof or in opposition thereto, may require the amendment of
4the application, and if it appears that the construction, operation or maintenance of
5the proposed dam is in the public interest, considering ecological, aesthetic, economic
6and recreational values, the department shall so find and grant a permit to the
7applicant, provided the department also finds that the applicant has complied with
8s. 31.14 (2) or (3) and, where applicable, with s. 31.05 (3), based on the department's
9own estimate of the area of the flowage. The enjoyment of natural scenic beauty and
10environmental quality are declared to be public rights to be considered along with
11other public rights and the economic need of electric power for the full development
12of agricultural and industrial activity and other useful purposes in the area to be
13served. In considering public rights to the recreational use and natural scenic beauty
14of the river, the department shall investigate the potentialities of the lake and lake
15shore created by the flowage and shall weigh the recreational use and scenic beauty
16thereof against the known recreational use and scenic beauty of the river in its
17natural state, and the department shall further weigh the known recreational use
18and scenic beauty of the particular section of river involved against the known
19recreational use and scenic beauty of other sections of the same river and other rivers
20in the area remaining in their natural state (without regard to plans of other dams
21subsequently filed or to be filed); if it appears that the river in its natural state offers
22greater recreational facilities and scenic value for a larger number of people than can
23by proper control of the flowage level be obtained from the use of the lake and lake
24shore and that the remaining sections of the river and other rivers in the area in their
25natural state provide an insufficient amount of recreational facilities and scenic
1beauty, and if it further appears that the economic need of electric power is less than
2the value of the recreational and scenic beauty advantages of such river in its natural
3state, the department shall so find and the permit be denied. If the department finds
4that approval of the permit will cause environmental pollution, as defined in s.
5144.01 (3) 299.01 (4), the permit shall be denied.
SB622, s. 181
6Section
181. 31.06 (5) of the statutes is amended to read:
SB622,69,97
31.06
(5) If a hearing on the application for a permit is conducted as a part of
8a hearing under s.
144.836 293.43, the notice and hearing provisions in that section
9supersede the notice and hearing provisions of this section.
SB622,69,1412
31.39
(2m) (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or
13144.0252 281.22 is applicable to a project, the department shall charge only the
14highest fee of those that are applicable.
SB622, s. 183
15Section
183. 32.02 (12) of the statutes is amended to read:
SB622,69,1916
32.02
(12) Any person operating a plant which creates waste material which,
17if released without treatment would cause stream pollution, for the location of
18treatment facilities. This subsection does not apply to a person licensed under
ss.
19144.80 to 144.94 ch. 293.
SB622, s. 184
20Section
184. 33.14 (4) (c) of the statutes is amended to read:
SB622,69,2221
33.14
(4) (c) Whether the implementation of the plan is likely to cause
22long-range environmental pollution as defined in s.
144.01 (3) 299.01 (4);
SB622, s. 185
23Section
185. 33.26 (3) of the statutes is amended to read:
SB622,70,1324
33.26
(3) The committee shall report to the county board within 3 months after
25the date of the hearing. Within 6 months after the date of the hearing, the board shall
1issue its order under this subsection. If the board finds, after consideration of the
2committee's report and any other evidence submitted to the board, that the petition
3is signed by the requisite owners as provided in s. 33.25, that the proposed district
4is necessary, that the public health, comfort, convenience, necessity or public welfare
5will be promoted by the establishment of the district, that the property to be included
6in the district will be benefited by the establishment thereof, and that formation of
7the proposed district will not cause or contribute to long-range environmental
8pollution as defined in s.
144.01 (3) 299.01 (4), the board, by order, shall declare its
9findings, shall establish the boundaries and shall declare the district organized and
10give it a corporate name by which it shall be known. Thereupon the district shall be
11a body corporate with the powers of a municipal corporation for the purposes of
12carrying out this chapter. If the board does not so find, the board, by order, shall
13declare its findings and deny the petition.
SB622, s. 186
14Section
186. 33.457 (4) (intro.) of the statutes is amended to read:
SB622,70,1915
33.457
(4) (intro.) Within 3 months after the implementation plan is developed
16and submitted under sub. (1), the department and the designated planning agency
17under s.
144.235 281.51 that covers the county shall evaluate the implementation
18plan to determine whether it is consistent with the criteria for water quality
19planning under s.
144.235 281.51 and whether the plan is adequate to:
SB622, s. 187
20Section
187. 36.25 (3m) (a) of the statutes is amended to read:
SB622,70,2221
36.25
(3m) (a) In this subsection, "solid waste disposal" has the meaning given
22in s.
144.43 (4r) 289.01 (34).
SB622,71,5
136.25
(30) Hazardous pollution prevention program. (intro.) The board shall
2establish in the extension a hazardous pollution prevention program to promote
3hazardous pollution prevention, as defined in s.
144.955 299.13 (1) (c). In cooperation
4with the department of natural resources, the department of commerce and the
5hazardous pollution prevention council, the program shall do all of the following:
SB622,71,158
36.25
(30g) Recycling market development program. The board shall
9establish in the extension, in cooperation with the recycling market development
10board, a program of education and technical assistance related to recycling market
11development. The program shall serve waste generators, as defined in s.
159.40 12287.40 (4); solid waste scrap brokers, dealers and processors; business entities that
13use or could use recovered materials or that produce or could produce products from
14recovered materials and persons who provide support services to those business
15entities; and the general public.
SB622, s. 190
16Section
190. 42.05 (1) and (2) of the statutes are amended to read:
SB622,71,2117
42.05
(1) Except during the annual state fair and at other times between 8 a.m.
18and 10 p.m., every motor vehicle, as defined in s.
159.15 287.15 (1) (e), that is used
19at state fair park in racing competition or practice shall be equipped with a muffler
20which, at all times, shall be in good working condition sufficient to prevent excessive
21or unusual noise.
SB622,71,25
22(2) It is unlawful to operate, or for the state fair park board to permit to be
23operated, at state fair park in racing competition or practice except during the period
24specified in sub. (1), any motor vehicle, as defined in s.
159.15 287.15 (1) (e), with the
25muffler or cutout open.
SB622, s. 191
1Section
191. 46.255 (7) of the statutes is amended to read:
SB622,72,62
46.255
(7) The department may provide a certification under sub. (1) to a state
3agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2)
4(e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6),
545.74 (6),
144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c),
6234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d)
, 281.65 (8) (L) or 949.08 (2) (g).
SB622, s. 192
7Section
192. 46.34 of the statutes is amended to read:
SB622,72,11
846.34 Emission standards for hazardous air contaminants. The
9department may assist the department of natural resources in the development of
10emission standards for hazardous air contaminants under s.
144.375 (5) 285.27 (2) 11(b).
SB622, s. 193
12Section
193. 50.05 (15) (d) of the statutes is amended to read:
SB622,72,1713
50.05
(15) (d) The lien provided by this subsection is prior to any lien or other
14interest which originates subsequent to the filing of a petition for receivership under
15this section, except for a construction or mechanic's lien arising out of work
16performed with the express consent of the receiver or a lien under s.
144.442 (9) 17292.31 (8) (i),
144.76 (13) or 144.77
292.41 (6) (d)
or 292.81.
SB622, s. 194
18Section
194. 59.067 (1) (b) of the statutes is amended to read:
SB622,72,2019
59.067
(1) (b) "Private well" has the meaning specified by rule by the
20department under s.
162.07 280.21 (2).
SB622, s. 195
21Section
195. 59.067 (1) (c) of the statutes is amended to read:
SB622,72,2222
59.067
(1) (c) "Well" has the meaning specified under s.
162.02 280.01 (6).
SB622, s. 196
23Section
196. 59.067 (2) of the statutes is amended to read:
SB622,73,1024
59.067
(2) Permits. If authorized by the department under s.
162.07 280.21 (1),
25a county may adopt and enforce a well construction or pump installation ordinance
1or both. Provisions of the ordinance shall be in strict conformity with ch.
162 280 and
2with rules of the department under ch.
162 280. The ordinance may require that a
3permit be obtained before construction, installation, reconstruction or rehabilitation
4of a private well or installation or substantial modification of a pump on a private
5well, other than replacement of a pump with a substantially similar pump. The
6county may establish a schedule of fees for issuance of the permits and for related
7inspections. The department, under s.
162.07 280.21 (4), may revoke the authority
8of a county to enforce its ordinance if the department finds that the ordinance or
9enforcement of the ordinance does not conform to ch.
162 280 and rules of the
10department under ch.
162 280.
SB622, s. 197
11Section
197. 59.067 (3) of the statutes is amended to read:
SB622,73,1812
59.067
(3) Existing wells. With the approval of the department under s.
13162.07 280.21 (1), a county may adopt and enforce an ordinance in strict conformity
14with ch.
162 280 and with department rules under ch.
162 280, as they relate to
15existing private wells. The department, under s.
162.07 280.21 (4), may revoke the
16authority of a county to enforce its ordinance if the department finds that the
17ordinance or enforcement of the ordinance does not conform to ch.
162 280 and rules
18of the department under ch.
162 280.
SB622, s. 198
19Section
198. 59.067 (5) of the statutes is amended to read:
SB622,73,2220
59.067
(5) Other municipalities. No city, village or town may adopt or enforce
21an ordinance regulating matters covered by ch.
162
280 or by department rules under
22ch.
162 280.
SB622, s. 199
23Section
199. 59.07 (133) of the statutes is amended to read: