SB622, s. 279
9Section
279. 84.31 (4) (b) of the statutes is amended to read:
SB622,102,1810
84.31
(4) (b) A junkyard has a nonconforming status only to the extent that it
11is not in compliance with this section or rules adopted under this section or rules
12related to screening adopted under s.
144.435 289.05 (1) at the time this section or
13rules adopted under it or under s.
144.435 289.05 (1) become applicable to the
14junkyard. A junkyard retains its nonconforming status as long as it is not
15abandoned, destroyed or discontinued, or extended, enlarged or substantially
16changed, or otherwise altered so as to be in violation of any state statute or rule or
17local ordinance. A junkyard is presumed to be abandoned if inactive for more than
18one year.
SB622, s. 280
19Section
280. 84.31 (9) of the statutes is amended to read:
SB622,103,220
84.31
(9) Other laws. Nothing in this section shall be construed to abrogate
21or affect any law or ordinance which is more restrictive than this section. The
22provisions of this section are in addition to and do not supersede the requirements
23under ss. 59.07 (38),
144.435 to 144.44, 175.25
and, 218.205 to 218.23
and 289.05 to
24289.32, or rules or ordinances adopted thereunder which apply to junkyards.
1Provisions of this section apply to any junkyard licensed or permitted by a local unit
2of government or another state agency.
SB622, s. 281
3Section
281. 85.17 (1) (b) of the statutes is amended to read:
SB622,103,54
85.17
(1) (b) "Waters of the state" has the meaning specified under s.
144.01 (19) 5281.01 (18).
SB622, s. 282
6Section
282. 88.40 (2) of the statutes is amended to read:
SB622,103,127
88.40
(2) From the time of recordation of the order confirming such
8assessments for costs until they are paid, such assessments and the interest thereon
9are a first lien upon the lands assessed and take priority over all other liens or
10mortgages except liens for general taxes and liens under ss.
144.442 (9) 292.31 (8) 11(i),
144.76 (13) and 144.77 292.41 (6) (d)
and 292.81, regardless of the priority in time
12of such other liens or mortgages.
SB622, s. 283
13Section
283. 91.75 (9) (a) 1. of the statutes is amended to read:
SB622,103,1614
91.75
(9) (a) 1. A reclamation plan, submitted as required by a nonmetallic
15mining reclamation ordinance adopted under s. 66.038 or
144.9407 (3) 295.13, that
16fulfills reclamation standards established by the ordinance.
SB622, s. 284
17Section
284. 92.04 (2) (f) of the statutes is amended to read:
SB622,103,1918
92.04
(2) (f)
Review annual reports. The board shall review the annual reports
19under ss. 92.14 (12) and
144.25 281.65 (4) (o).
SB622, s. 285
20Section
285. 92.04 (2) (k) of the statutes is amended to read:
SB622,103,2521
92.04
(2) (k)
Review of pollution abatement determinations. The board shall
22review and affirm or reverse decisions of county land conservation committees under
23s.
144.025 (2) (v) 1m. 281.20 (3) (b) when review is requested under s.
144.025 (2) (w) 24281.20 (5). The board may conduct an informal hearing that is not a contested case
25under ch. 227.
SB622, s. 286
1Section
286. 92.04 (2) (L) of the statutes is amended to read:
SB622,104,52
92.04
(2) (L)
Review of critical site determinations. The board shall review and
3affirm or reverse decisions of county land conservation committees under s.
144.25 4281.65 (7) (a) 2. when review is requested under s.
144.25 281.65 (7) (b). The board
5may conduct an informal hearing which is not a contested case under ch. 227.
SB622, s. 287
6Section
287. 92.05 (1) of the statutes is amended to read:
SB622,104,157
92.05
(1) Central agency. The department is the central agency of this state
8responsible for setting and implementing statewide soil and water conservation
9policies and administering the state's soil and water conservation programs. The
10department shall coordinate its soil and water conservation program with the
11nonpoint source water pollution abatement program established under s.
144.25 12281.65, the inland lake protection and rehabilitation program established under ch.
1333 and other programs with objectives related to soil and water conservation
14administered by the department of natural resources or by other state or federal
15agencies.
SB622, s. 288
16Section
288. 92.05 (3) (f) and (j) of the statutes are amended to read:
SB622,104,1917
92.05
(3) (f)
Nonpoint source water pollution abatement. The department shall
18perform the duties specified for the department in the nonpoint source water
19pollution abatement program under s.
144.25 281.65 (5).
SB622,104,2220
(j)
Milkhouse wastewater. The department, in consultation with appropriate
21state and federal agencies, shall promulgate guidelines for determining eligibility for
22financial assistance under ss. 92.14 and
144.25 281.65 for milkhouse wastewater.
SB622, s. 289
23Section
289. 92.08 (1) of the statutes is amended to read:
SB622,105,724
92.08
(1) Every land conservation committee shall prepare annually for its
25county a plan which describes the soil and water resource activities to be undertaken
1by that county and the dollar amounts required for personnel to administer and
2implement activities in that county related to soil conservation activities required
3under ss. 92.104 and 92.105 to claim a farmland preservation credit under s. 71.09
4(11), activities required under s. 92.17 related to shoreland management or activities
5required under s.
144.25 281.65 (8m) related to the development or implementation
6of animal waste ordinances. The land conservation committee shall submit that plan
7to the county board of that county and to the department.
SB622, s. 290
8Section
290. 92.14 (1) (a), (b) and (c) of the statutes are amended to read:
SB622,105,109
92.14
(1) (a) "Best management practices" has the meaning given under s.
10144.25 281.65 (2) (a).
SB622,105,1111
(b) "Nonpoint source" has the meaning given under s.
144.25 281.65 (2) (b).
SB622,105,1212
(c) "Priority watershed" has the meaning given under s.
144.25 281.65 (2) (c).
SB622, s. 291
13Section
291. 92.14 (4) (c) of the statutes is amended to read:
SB622,105,2414
92.14
(4) (c) Construction of a facility or system related to animal waste
15management by a farmer who has received a notice of discharge under ch.
147 283 16or management practices required under a notice to a farmer under s.
144.025 (2) (v) 17281.20 (3). In awarding grants under this paragraph, the department shall give
18preference to farmers who have received a notice of discharge under s.
144.025 (2) 19281.20 (3) or ch.
147 283. The amount of a grant for management practices required
20under a notice to a farmer under s.
144.025 (2) (v)
281.20 (3) shall be based on the
21cost of the method of controlling nonpoint source pollution which the department
22determines to be the most cost-effective and may not exceed 70% of the total cost of
23that method. The department may issue grants directly to farmers under this
24paragraph.
Note: The reference to a "notice of discharge under s. 144.025 (2)" is overly broad.
Section 144.025 (2) contains a variety of water quality-related provisions and only s.
144.025 (2) (v) provides for a notice of discharge. Therefore, the amended cross-reference
is restricted to new s. 281.20 (3), which corresponds with current s. 144.025 (2) (v).
SB622, s. 292
1Section
292. 92.14 (5) (a) of the statutes is amended to read:
SB622,106,62
92.14
(5) (a) From the appropriation under s. 20.115 (7) (km), the department
3may make a grant for the purpose specified in sub. (4) (c) if the facility or system will
4be located in a priority watershed, as defined in s.
144.25 281.65 (2) (c), or a priority
5lake area, as defined in s.
144.25 281.65 (2) (bs), and the conditions specified in sub.
6(4) (c) are satisfied.
SB622, s. 293
7Section
293. 92.14 (6) (g) of the statutes is amended to read:
SB622,106,108
92.14
(6) (g) Every project awarded a grant under this section shall be
9consistent with the plans under s. 92.15, 1985 stats., and under this section and ss.
1092.08, 92.10 and
144.25 281.65.
SB622, s. 294
11Section
294. 92.14 (6) (h) 2. of the statutes is amended to read:
SB622,106,1412
92.14
(6) (h) 2. The department may make payments under this section for the
13construction of a facility or system related to animal waste management directly to
14farmers who receive a notice of discharge related to animal waste under ch.
147 283.
SB622, s. 295
15Section
295. 92.14 (6) (h) 3. of the statutes is amended to read:
SB622,106,1716
92.14
(6) (h) 3. Nothing in this paragraph affects the authority of the
17department of natural resources to act under ch.
147
283.
SB622, s. 296
18Section
296. 92.14 (6) (i) 2. of the statutes is amended to read:
SB622,106,2219
92.14
(6) (i) 2. Conduct all land management and pollutant management
20activities in substantial accordance with plans approved under s. 92.15, 1985 stats.,
21and under ss. 92.08, 92.10, 92.14 and
144.25 281.65, or to repay the cost-sharing
22funds to the grant recipient.
SB622, s. 297
23Section
297. 92.14 (8) of the statutes is amended to read:
SB622,107,3
192.14
(8) Rules. In consultation with the department of natural resources, the
2department shall promulgate rules to administer this section and the department's
3duties under s.
144.25 281.65.
SB622, s. 298
4Section
298. 92.14 (12) of the statutes is amended to read:
SB622,107,75
92.14
(12) Annual report. Annually, the department, in cooperation with the
6department of natural resources, shall submit a report on the progress of the
7program under this section and s.
144.25 281.65 to the board.
SB622, s. 299
8Section
299. 92.14 (13) of the statutes is amended to read:
SB622,107,169
92.14
(13) Evaluation plan. The department, jointly with the department of
10natural resources, shall prepare a plan, which includes water quality monitoring and
11analysis, for evaluating the program administered under this section and s.
144.25 12281.65 and submit the plan to the board. The board shall make recommendations
13to the department and the department of natural resources on the plan. The
14department shall review and approve or disapprove the plan and shall notify the
15board of its final action on the plan. The department shall implement any part of the
16plan for which the plan gives it responsibility.
SB622, s. 300
17Section
300. 92.14 (14) of the statutes is amended to read:
SB622,107,2118
92.14
(14) Application, reporting and evaluation forms. The department,
19jointly with the department of natural resources, shall develop a single set of grant
20application, reporting and evaluation forms for use by counties receiving grants
21under this section and s.
144.25 281.65.
SB622, s. 301
22Section
301. 92.18 (1) (b) of the statutes is amended to read:
SB622,107,2423
92.18
(1) (b) Section
144.25 281.65, if those activities relate to agricultural
24practices.
SB622,108,93
93.12
(5) The department shall establish uniform minimum standards to be
4used in the evaluation and certification of laboratory examinations. The department
5shall submit any rules proposed under this subsection which affect the laboratory
6certification program under s.
144.95 299.11 to the department of natural resources
7and to the state laboratory of hygiene for review and comment. These rules may not
8take effect unless they are approved by the department of natural resources within
96 months after submission.
SB622,108,1712
93.12
(8) The department shall enter into a memorandum of understanding
13with the department of natural resources setting forth the responsibilities of each
14department in administering the laboratory certification programs under sub. (5)
15and s.
144.95 299.11. The memorandum of understanding shall include measures
16to be taken by each department to avoid duplication of application and compliance
17procedures for laboratory certification.
SB622,108,2320
93.12
(9) The department shall recognize the certification or registration of a
21laboratory by the department of natural resources under s.
144.95 299.11 and shall
22accept the results of any test conducted by a laboratory certified or registered to
23conduct that category of test under that section.
SB622, s. 305
24Section
305. 93.55 (2) of the statutes is amended to read:
SB622,109,9
193.55
(2) Collection grants. The department may award a grant to a county
2for a chemical and container collection program. A grant under this subsection shall
3fund all or a part of the cost of a program. Costs eligible for funding include the cost
4of establishing a collection site for chemicals and chemical containers, the cost of
5transporting chemical containers to a dealer or distributor for refill and reuse or to
6a hazardous waste facility, as defined in s.
144.61 (5m) 291.01 (8), and costs
7associated with the proper use and handling and disposal or recycling of chemicals
8and chemical containers. Grants shall be paid from the appropriation under s.
920.115 (7) (v).
SB622, s. 306
10Section
306. 94.64 (1) (pm) of the statutes is amended to read:
SB622,109,1311
94.64
(1) (pm) "Sewage sludge" means the residue material resulting from the
12treatment of sewage. In this paragraph, "sewage" has the meaning specified in s.
13144.01 281.01 (13).
SB622, s. 307
14Section
307. 94.645 (1) (g) of the statutes is amended to read:
SB622,109,1615
94.645
(1) (g) "Waters of the state" has the meaning specified under s.
144.01
16(19) 281.01 (18).
SB622, s. 308
17Section
308. 94.65 (3) (a) 3. of the statutes is amended to read:
SB622,109,2018
94.65
(3) (a) 3. No permit is required for the landspreading of sewage sludge
19under a pollutant discharge elimination system permit issued by the department of
20natural resources under s.
147.02 283.31 or
147.023 283.35.
SB622, s. 309
21Section
309. 94.701 (3) (c) of the statutes is amended to read:
SB622,109,2422
94.701
(3) (c) A political subdivision may enact an ordinance or enter into an
23agreement under s.
144.445 289.33 (9) relating to the storage, treatment or disposal
24of solid waste containing pesticides, pesticide containers or pesticide residues.
SB622, s. 310
25Section
310. 94.73 (1) (a) of the statutes is amended to read:
SB622,110,3
194.73
(1) (a) "Agricultural chemical" means a substance that is a fertilizer or
2a nonhousehold pesticide and that is a hazardous substance, as defined in s.
144.01
3(4m) 299.01 (6).
SB622, s. 311
4Section
311. 94.73 (1) (b) of the statutes is amended to read:
SB622,110,125
94.73
(1) (b) "Corrective action" means action that is taken in response to a
6discharge and that is necessary to restore the environment to the extent practicable
7and to minimize the harmful effects of the discharge to the air, lands or waters of this
8state. "Corrective action" includes action taken or ordered by the department of
9natural resources under s.
144.76 292.11 (7) in response to a discharge, but does not
10include action ordered by the department of natural resources under s.
144.73 (1) or 11144.735 (2) 291.37 (2) or 291.95. "Corrective action" does not include action taken,
12or ordered to be completed, before January 1, 1989.
SB622, s. 312
13Section
312. 94.73 (1) (e) of the statutes is amended to read:
SB622,110,1514
94.73
(1) (e) "Discharge" means the discharge, as defined in s.
144.76 (1) (a) 15292.01 (3), of an agricultural chemical.
SB622, s. 313
16Section
313. 94.73 (2) (a) of the statutes is amended to read:
SB622,110,2217
94.73
(2) (a) The department may issue an order requiring a responsible person
18to take corrective action. Except as provided in a memorandum of understanding
19under sub. (12), if a discharge involves a hazardous substance that may also become
20a hazardous waste, the department and the department of natural resources shall
21consult to determine whether corrective action should be taken under this section or
22s.
144.442 (6), 144.73 (1) or 144.735 (2) 291.37 (2), 291.95 (1) or 292.31 (3).
SB622, s. 314
23Section
314. 94.73 (2) (bg) 2. and 3. and (d) of the statutes are amended to read:
SB622,111,224
94.73
(2) (bg) 2. Containment, removal, treatment or monitoring of
25environmental contamination caused by the discharge if the containment, removal,
1treatment or monitoring complies with chs.
144 and 147 281 to 285 and 289 to 299,
2except s. 281.48.
SB622,111,53
3. Transportation, storage, land application or disposal of contaminated
4materials, in compliance with chs.
144 and 147 281 to 285 and 289 to 299, except s.
5281.48.
SB622,111,96
(d) Soil or water removed from a discharge site as part of a corrective action may
7only be spread on land if that spreading on land is in compliance with chs.
144 and
8147 281 to 285 and 289 to 299, except s. 281.48, and if the department has given its
9written authorization.
SB622, s. 315
10Section
315. 94.73 (2m) (intro.) of the statutes is amended to read:
SB622,111,1411
94.73
(2m) Corrective action ordered by the department of natural
12resources. (intro.) The department of natural resources may take action under s.
13144.76 292.11 (7) (a) or may issue an order under s.
144.76 292.11 (7) (c) in response
14to a discharge only if one or more of the following apply:
SB622, s. 316
15Section
316. 94.73 (2m) (d) of the statutes is amended to read:
SB622,111,1816
94.73
(2m) (d) The department of natural resources takes action under s.
17144.76 292.11 (7) (a) after the responsible person fails to comply with an order that
18was issued under s.
144.76 292.11 (7) (c) in compliance with this subsection.
SB622, s. 317
19Section
317. 94.73 (3) (d) of the statutes is amended to read:
SB622,111,2220
94.73
(3) (d) The applicant has complied with every corrective action order
21issued to the applicant by the department under sub. (2) or the department of natural
22resources under s.
144.76 292.11 (7) (c).
SB622, s. 318
23Section
318. 94.73 (3) (f) of the statutes is amended to read:
SB622,112,3
194.73
(3) (f) The applicant, upon discovery of the discharge, promptly reported
2the discharge to the department or, if the applicant was required to report the
3discharge under s.
144.76 292.11 (2), to the department of natural resources.
SB622, s. 319
4Section
319. 94.73 (3m) (a) of the statutes is amended to read:
SB622,112,85
94.73
(3m) (a) Costs for corrective action taken in response to a discharge that
6is an intentional use of an agricultural chemical for agricultural purposes, unless the
7corrective action is ordered by the department under sub. (2) or by the department
8of natural resources under s.
144.76 292.11 (7) (c).
SB622, s. 320
9Section
320. 94.73 (3m) (b) of the statutes is amended to read: