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:
SB622,112,1210
94.73
(3m) (b) Costs of reimbursing the department of natural resources for
11action taken under s.
144.442 (4), (6) or (8) or 144.76 292.11 (7) (a)
or 292.31 (1), (3)
12or (7) because the applicant failed to respond adequately to a discharge.
SB622, s. 321
13Section
321. 94.73 (3m) (e) of the statutes is amended to read:
SB622,112,1814
94.73
(3m) (e) Costs for corrective action taken in response to a discharge from
15a facility that is required to be licensed under s.
144.44 (4) 289.31 or that would be
16required to be licensed except that the department of natural resources has issued
17a specific exemption under s.
144.44 (7) 289.43 or rules promulgated under s.
144.435 18289.05 (1) or (2).
SB622, s. 322
19Section
322. 94.73 (6) (b) 2. of the statutes is amended to read:
SB622,112,2320
94.73
(6) (b) 2. If the corrective action includes groundwater remediation
21ordered by the department under sub. (2) or by the department of natural resources
22under s.
144.76 292.11 (7) (c), 80% of the corrective action costs that exceed $100,000
23but that do not exceed $300,000.
SB622, s. 323
24Section
323. 94.73 (6) (c) of the statutes is amended to read:
SB622,113,9
194.73
(6) (c) Except as provided in par. (e), if the department has previously
2reimbursed any responsible person for corrective action costs for the discharge site
3for which reimbursement is sought, the department shall reimburse the responsible
4person an amount equal to 50% of the corrective action costs that exceed $15,000 but
5that do not exceed $100,000, except that if the corrective action includes
6groundwater remediation ordered by the department under sub. (2) or by the
7department of natural resources under s.
144.76 292.11 (7) (c) the department shall
8reimburse the responsible person an amount equal to 50% of the corrective action
9costs that exceed $15,000 but that do not exceed $300,000.
SB622, s. 324
10Section
324. 94.73 (12) of the statutes is amended to read:
SB622,113,1811
94.73
(12) Memorandum of understanding. The department and the
12department of natural resources shall enter into a memorandum of understanding
13establishing their respective functions in the administration of this section. The
14memorandum of understanding shall establish procedures to ensure that corrective
15actions taken under this section are consistent with actions taken under s.
144.76 16292.11 (7). The department and the department of natural resources may request
17that the secretary of administration provide assistance in accomplishing the
18memorandum of understanding.
SB622, s. 325
19Section
325. 97.34 (2) (b) of the statutes is amended to read:
SB622,113,2520
97.34
(2) (b) No person may manufacture or bottle bottled drinking water for
21sale or distribution in this state unless the bottled drinking water complies with
22state drinking water standards adopted by the department of natural resources
23under s.
144.025 or 162.03 280.11, 281.15 or 281.17 (8) and with health-related
24enforcement standards adopted by the department of natural resources under ch.
25160.
Note: The reference to "state drinking water standards adopted...under s.
144.025" is overly inclusive. Section 144.025 contains a variety of water quality-related
provisions and only s. 144.025 (2) (b) and (t) relate specifically to setting water quality and
drinking water standards. Therefore, the new cross-reference is restricted to new ss.
281.15 and 281.17 (8), which correspond with current s. 144.025 (2) (b) and (t).
The cross-reference to "state drinking water standards adopted...under s. ...
162.03" is incorrect. State drinking water standards are adopted under s. 162.01. None
of the powers of the DNR enumerated under s. 162.03 relates to the adoption of drinking
water standards. Therefore, the new cross-reference is to s. 280.11, which corresponds
with current s. 162.01.
SB622, s. 326
1Section
326. 97.34 (2) (c) of the statutes is amended to read:
SB622,114,92
97.34
(2) (c) The department may require testing of bottled drinking water for
3substances subject to any standard under par. (b) and for any other substance if the
4department determines that the water supply used as the source of the bottled
5drinking water has a potential of being contaminated, based on contamination of
6other water supplies or groundwater in the vicinity. The department shall adopt by
7rule requirements for periodic sampling and analysis for the purposes of this
8subsection. The department shall require all analyses to be conducted by a
9laboratory certified under s.
144.95 299.11.
SB622, s. 327
10Section
327. 97.34 (2) (d) of the statutes is amended to read:
SB622,114,1411
97.34
(2) (d) No person may manufacture or bottle bottled drinking water for
12sale or distribution in this state unless the location and construction of the water
13supply and the pump installation used by the manufacturer or bottler comply with
14rules promulgated by the department of natural resources under s.
162.03 280.13.
SB622, s. 328
15Section
328. 100.27 (5) (b) of the statutes is amended to read:
SB622,114,1816
100.27
(5) (b) Informs each purchaser of one of its mercuric oxide batteries of
17the collection site identified under par. (a) and of the prohibition in s.
159.185 287.185 18(2).
SB622, s. 329
19Section
329. 101.09 (1) (d) of the statutes is amended to read:
SB622,115,2
1101.09
(1) (d) "Waters of the state" has the meaning specified under s.
144.01
2(19) 281.01 (18).
SB622, s. 330
3Section
330. 101.09 (2) (b) of the statutes is amended to read:
SB622,115,54
101.09
(2) (b) This section does not apply to storage tanks which require a
5hazardous waste license under s.
144.64 291.25.
SB622, s. 331
6Section
331. 101.126 (1) (intro.) of the statutes is amended to read:
SB622,115,117
101.126
(1) (intro.) The department shall establish, by rule, requirements for
8a person engaging in any of the following to provide adequate space in or adjacent
9to the building for the separation, temporary storage and collection of the materials
10listed in s.
159.07 287.07 (3) or (4), likely to be generated by the occupants of the
11building:
SB622, s. 332
12Section
332. 101.143 (1) (b) of the statutes is amended to read:
SB622,115,1413
101.143
(1) (b) "Discharge" has the meaning designated under s.
144.76 (1) (a) 14292.01 (3).
SB622, s. 333
15Section
333. 101.143 (1) (c) of the statutes is amended to read:
SB622,115,1716
101.143
(1) (c) "Groundwater" has the meaning designated under s.
144.027 17281.75 (1) (c).
SB622,115,2520
101.143
(2m) Interdepartmental coordination. Whenever the department of
21commerce receives a notification under sub. (3) (a) 3. or the department of natural
22resources receives a notification of a petroleum product discharge under s.
144.76 23292.11, the department receiving the notification shall contact the other department
24and shall schedule a meeting of the owner or operator or person owning a home oil
25tank system and representatives of both departments.
SB622, s. 335
1Section
335. 101.143 (3) (a) 5. of the statutes is amended to read:
SB622,116,52
101.143
(3) (a) 5. The owner or operator or the person reports the discharge in
3a timely manner to the division of emergency government in the department of
4military affairs or to the department of natural resources, according to the
5requirements under s.
144.76 292.11.
SB622, s. 336
6Section
336. 101.143 (3) (c) 3. of the statutes is amended to read:
SB622,116,107
101.143
(3) (c) 3. Conduct all remedial action activities at the site of the
8discharge from the petroleum product storage system or home oil tank system
9necessary to restore the environment to the extent practicable and minimize the
10harmful effects from the discharge as required under s.
144.76 292.11.
SB622,116,1613
101.143
(3) (c) 4. Receive written approval from the department of natural
14resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
15of commerce that the remedial action activities performed under subd. 3. meet the
16requirements of s.
144.76 292.11.
SB622,117,319
101.143
(3) (d)
Review of site investigations, remedial action plans and
20remedial action activities. The department of natural resources or, if the discharge
21is covered under s. 101.144 (2) (b), the department of commerce shall, at the request
22of the claimant, review the site investigation and the remedial action plan and advise
23the claimant on the adequacy of proposed remedial action activities in meeting the
24requirements of s.
144.76 292.11. The advice is not an approval of the remedial action
25activities. The department of natural resources or, if the discharge is covered under
1s. 101.144 (2) (b), the department of commerce shall complete a final review of the
2remedial action activities within 60 days after the claimant notifies the appropriate
3department that the remedial action activities are completed.