SB622: Bill Text

SB622, s. 332 Section 332. 101.143 (1) (b) of the statutes is amended to read:

SB622,115,14 101.143 (1) (b) "Discharge" has the meaning designated under s. 144.76 (1) (a) 292.01 (3).

SB622, s. 333 Section 333. 101.143 (1) (c) of the statutes is amended to read:

SB622,115,17 101.143 (1) (c) "Groundwater" has the meaning designated under s. 144.027 281.75 (1) (c).

SB622, s. 334 Section 334. 101.143 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,115,25 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 144.76 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

SB622, s. 335 Section 335. 101.143 (3) (a) 5. of the statutes is amended to read:

SB622,116,5 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency government in the department of military affairs or to the department of natural resources, according to the requirements under s. 144.76 292.11.

SB622, s. 336 Section 336. 101.143 (3) (c) 3. of the statutes is amended to read:

SB622,116,10 101.143 (3) (c) 3. Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s. 144.76 292.11.

SB622, s. 337 Section 337. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,116,16 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76 292.11.

SB622, s. 338 Section 338. 101.143 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,117,3 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB622, s. 339 Section 339. 101.143 (4) (b) 14. of the statutes is amended to read:

SB622,117,7 101.143 (4) (b) 14. Other costs identified by the department as necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s. 144.76 292.11.

SB622, s. 340 Section 340. 101.144 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,11 101.144 (1) (a) "Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

SB622, s. 341 Section 341. 101.144 (1) (am) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,15 101.144 (1) (am) "Hazardous substance" has the meaning given in s. 144.01 (4m) 299.01 (6).

SB622, s. 342 Section 342. 101.144 (3) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,21 101.144 (3) (intro.)  The department of natural resources may take action under s. 144.76 292.11 (7) (a) or may issue an order under s. 144.76 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

SB622, s. 343 Section 343. 101.144 (3) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,3 101.144 (3) (d) The department of natural resources takes action under s. 144.76 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 292.11 (7) (c) in compliance with this subsection.

SB622, s. 344 Section 344. 101.144 (3) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,7 101.144 (3) (e) The department of natural resources takes the action under s. 144.76 292.11 (7) (a) because the identity of the responsible person is unknown.

SB622, s. 345 Section 345. 101.144 (3m) (a) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,11 101.144 (3m) (a) 2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 144.76 292.11 (7).

SB622, s. 346 Section 346. 101.578 (1) of the statutes is amended to read:

SB622,118,14 101.578 (1) In this section, "medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

SB622, s. 347 Section 347. 107.001 (3) of the statutes is amended to read:

SB622,118,17 107.001 (3) "Mining company" means any person or agent of a person who has a prospecting or mining permit under s. 144.84 293.45 or 144.85 293.49.

SB622, s. 348 Section 348. 107.15 (2) (a) of the statutes is amended to read:

SB622,118,20 107.15 (2) (a) "Exploration" has the meaning designated in s. 144.81 (2) 293.01 (5).

SB622, s. 349 Section 349. 107.15 (2) (b) of the statutes is amended to read:

SB622,119,2 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration activities by the department of natural resources under s. 144.832 293.21. If the person is a corporation or limited liability company, "licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.

SB622, s. 350 Section 350. 107.15 (2) (d) of the statutes is amended to read:

SB622,119,5 107.15 (2) (d) "Mining" or "mining operation" has the meaning designated in s. 144.81 (5) 293.01 (9).

SB622, s. 351 Section 351. 107.15 (2) (e) of the statutes is amended to read:

SB622,119,8 107.15 (2) (e) "Prospecting" has the meaning designated in s. 144.81 (12) 293.01 (18).

SB622, s. 352 Section 352. 107.20 (1) of the statutes is amended to read:

SB622,119,21 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 144.84 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

SB622, s. 353 Section 353. 107.25 (1) (c) of the statutes is amended to read:

SB622,120,6 107.25 (1) (c) The lessor may cancel an exploration mining lease if 10 years have elapsed from the date on which the lease was recorded in the office of the register of deeds of the county where the property is located and the lessee has not formally applied, under s. 293.35 or 293.37, for either a permit to prospect under s. 144.84 or a permit to mine under s. 144.85. In the event that the lessee formally applies for a prospecting permit under s. 144.84 293.35 or a mining permit under s. 144.85 293.37 within the 10-year period, but does not receive a mining permit under s. 144.85 293.49 within the 10-year period following the date of application for the prospecting permit or mining permit, the lessor's right to cancel is revived.

SB622, s. 354 Section 354. 107.30 (8) of the statutes is amended to read:

SB622,120,9 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 144.81 (5) 293.01 (9).

SB622, s. 355 Section 355. 107.30 (15) of the statutes is amended to read:

SB622,120,12 107.30 (15) "Prospecting" has the meaning set forth in s. 144.81 (12) 293.01 (18).

SB622, s. 356 Section 356. 107.30 (16) of the statutes is amended to read:

SB622,120,15 107.30 (16) "Prospecting site" has the meaning set forth in s. 144.81 (13n) 293.01 (21).

SB622, s. 357 Section 357. 109.09 (2) of the statutes is amended to read:

SB622,121,11 109.09 (2) The department, under its authority under sub. (1) to maintain actions for the benefit of employes, or an employe who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency. A lien under this subsection takes effect when the department or employe files a verified petition claiming the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department or employe must file the petition within 2 years after the date that the wages were due. The petition shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made and state that the petitioner claims a lien on that property. The lien shall take precedence over all other debts, judgments, decrees, liens or mortgages against the employer, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the department or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

SB622, s. 358 Section 358. 110.07 (1) (a) 1. of the statutes is amended to read:

SB622,121,16 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 159.81 and 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB622, s. 359 Section 359. 110.07 (1) (a) 3. of the statutes is amended to read:

SB622,121,22 110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this chapter, ss. 159.81 and 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.

SB622, s. 360 Section 360. 110.07 (1) (b) of the statutes is amended to read:

SB622,122,3 110.07 (1) (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 159.81 and 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.

SB622, s. 361 Section 361. 110.20 (1) (ac) of the statutes is amended to read:

SB622,122,6 110.20 (1) (ac) "Air pollution control equipment" has the meaning given in s. 144.42 285.30 (6) (a) 1.

SB622, s. 362 Section 362. 110.20 (1) (b) of the statutes is amended to read:

SB622,122,11 110.20 (1) (b) "Nonexempt vehicle" means any motor vehicle as defined under s. 340.01 (35) which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under s. 144.42 285.30 (2) applies.

SB622, s. 363 Section 363. 110.20 (3) (a) of the statutes is amended to read:

SB622,122,15 110.20 (3) (a) The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under s. 144.42 285.30 (2) and compliance with s. 144.42 285.30 (6).

SB622, s. 364 Section 364. 110.20 (5) (a) of the statutes is amended to read:

SB622,122,19 110.20 (5) (a) Any county identified in a certification under s. 144.42 285.30 (3). The department shall terminate the program in the county at the end of the contractual period in effect when the county is withdrawn under s. 144.42 285.30 (4).

SB622, s. 365 Section 365. 110.20 (6) (b) of the statutes, as affected by 1993 Wisconsin Act 288, is amended to read:

SB622,123,2 110.20 (6) (b) The program shall require an air pollution control equipment inspection to determine compliance with s. 144.42 285.30 (6) of any nonexempt vehicle customarily kept in a county identified in sub. (5) whenever a nontransient emissions inspection is performed or at the time of application for a waiver under sub. (13).

SB622, s. 366 Section 366. 110.20 (13) (c) 2. of the statutes is amended to read:

SB622,123,6 110.20 (13) (c) 2. Costs necessary to repair or replace any emissions control system or mechanism which has been removed, dismantled or rendered inoperative in violation of s. 144.42 285.30 (6) or rules promulgated under that section.

SB622, s. 367 Section 367. Chapter 144 (title) of the statutes is repealed.

SB622, s. 368 Section 368. Subchapter I (title) of chapter 144 [precedes 144.01] of the statutes is repealed.

SB622, s. 369 Section 369. 144.01 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

SB622, s. 370 Section 370. Subchapter II (title) of chapter 144 [precedes 144.02] of the statutes is repealed.

SB622, s. 371 Section 371. 144.02 (title) of the statutes is repealed.

SB622, s. 372 Section 372. 144.02 of the statutes is renumbered 281.13 (1), and 281.13 (1) (b), as renumbered, is amended to read:

SB622,123,19 281.13 (1) (b) The department is hereby empowered and instructed to make the necessary rules and regulations, in conjunction with the U.S. geological department, to carry this section subsection into effect.

SB622, s. 373 Section 373. 144.025 (title) of the statutes is repealed.

SB622, s. 374 Section 374. 144.025 (1) of the statutes is renumbered 281.11 and amended to read:

SB622,124,19 281.11 Statement of policy and purpose. The department of natural resources shall serve as the central unit of state government to protect, maintain and improve the quality and management of the waters of the state, ground and surface, public and private. Continued pollution of the waters of the state has aroused widespread public concern. It endangers public health and threatens the general welfare. A comprehensive action program directed at all present and potential sources of water pollution whether home, farm, recreational, municipal, industrial or commercial is needed to protect human life and health, fish and aquatic life, scenic and ecological values and domestic, municipal, recreational, industrial, agricultural and other uses of water. The purpose of this section subchapter is to grant necessary powers and to organize a comprehensive program under a single state agency for the enhancement of the quality management and protection of all waters of the state, ground and surface, public and private. To the end that these vital purposes may be accomplished, this section subchapter and all rules and orders promulgated under this section subchapter shall be liberally construed in favor of the policy objectives set forth in this section subchapter. In order to achieve the policy objectives of this section subchapter, it is the express policy of the state to mobilize governmental effort and resources at all levels, state, federal and local, allocating such effort and resources to accomplish the greatest result for the people of the state as a whole. Because of the importance of Lakes Superior and Michigan and Green Bay as vast water resource reservoirs, water quality standards for those rivers emptying into Lakes Superior and Michigan and Green Bay shall be as high as is practicable.

Note: In the current statutes, this statement of policy and purpose applies to s. 144.025. Current s. 144.025 contains a variety of water quality-related powers and duties of the DNR. This bill makes s. 144.025 a separate subchapter of the statutes and reorganizes it so that similar powers and duties of the DNR are grouped together.

This bill also includes in the new water quality subchapter several sections of the statutes that are not a part of current s. 144.025. These are s. 144.02, sanitary survey [renumbered s. 281.13 (1)], s. 144.14, nondegradable detergents prohibited [renumbered s. 281.17 (6)] and s. 144.15, mercury discharge [renumbered s. 281.17 (7)]. The special committee recognizes that one effect of including these 3 provisions is to expand the scope of any references to new subch. II of ch. 281. However, these 3 provisions are so similar in subject matter to the provisions in current s. 144.025 that the reorganization will cause no substantive change in the effect of most references to new subch. II of ch. 281.

In one instance [see s. 144.03, as renumbered and amended], the cross-reference establishes duties of industrial establishment owners based on regulation under current s. 144.025 (2). The new cross-reference excludes the provisions related to nondegradable detergents and mercury discharge, because including those facilities would clearly expand the scope of the cross-reference.

SB622, s. 375 Section 375. 144.025 (2) (title) of the statutes is repealed.

SB622, s. 376 Section 376. 144.025 (2) (a) of the statutes is renumbered 281.12 (1).

SB622, s. 377 Section 377. 144.025 (2) (b) of the statutes is renumbered 281.15, and 281.15 (2) (e) and (3) to (5), as renumbered, are amended to read:

SB622,125,10 281.15 (2) (e) Develop a technical support document which identifies the scientific data utilized, the margin of safety applied and any facts and interpretations of those data applied in deriving the water quality criteria, including the persistence, degradability and nature and effects of each substance on the designated uses, and which provides a summary of the information considered under this paragraph section.

SB622,125,13 (3) Subdivision 2. Subsection (2) does not apply to rules promulgated under this paragraph section by the department for any substance before November 10, 1987.

SB622,125,17 (4) By April 1, 1989, the department shall review, in accordance with subd. 2. sub. (2), and as necessary revise all water quality criteria, except those for dissolved oxygen, temperature, pH and ammonia, adopted under this paragraph section before November 10, 1987.