SB622, s. 911
10Section
911. 159.42 of the statutes, as affected by 1995 Wisconsin Acts 15 and
1127, is renumbered 287.42, and 287.42 (1) (b) and (c) and (5), as renumbered, are
12amended to read:
SB622,376,1413
287.42
(1) (b) Minimize the number of variances granted under s.
159.11 14287.11 (2m) (b) and (c).
SB622,376,1715
(c) In furtherance of the efforts of responsible units under s.
159.11 287.11 (2)
16(i), minimize the amounts of these recovered materials disposed of in landfills or
17burned without energy recovery in incinerators.
SB622,376,22
18(5) In consultation with the council on recycling, annually establish a list of
19materials recovered from solid waste for which financial assistance may be provided
20under this subchapter, which shall include the materials specified in s.
159.07 287.07 21(3), based on the board's analysis of current and future markets for materials
22recovered from solid waste.
SB622,376,2525
287.44
(1) Provide financial assistance under s.
159.46 287.46.
SB622, s. 916
7Section
916. Subchapter IV (title) of chapter 159 [precedes 159.81] of the
8statutes is renumbered subchapter IV (title) of chapter 287 [precedes 287.81].
SB622, s. 917
9Section
917. 159.81 of the statutes is renumbered 287.81, and 287.81 (1) (c)
10and (3) (b), as renumbered, are amended to read:
SB622,377,1211
287.81
(1) (c) "Waters of the state" has the meaning given in s.
144.01 (19) 12281.01 (18).
SB622,377,15
13(3) (b) Subsection (2) does not apply to a person who deposits or discharges solid
14waste in conformance with
ch. chs. 30, 31,
144 or 147 281 to 285 or 289 to 299 or a
15permit, license or other approval issued by the department under those chapters.
SB622, s. 918
16Section
918. Subchapter V (title) of chapter 159 [precedes 159.91] of the
17statutes is renumbered subchapter V (title) of chapter 287 [precedes 287.91].
SB622, s. 919
18Section
919. 159.91 of the statutes is renumbered 287.91, and 287.91 (1) and
19(2), as renumbered, are amended to read:
SB622,377,2220
287.91
(1) The attorney general shall enforce this chapter except for ss.
159.07,
21159.08 287.07, 287.08 and
159.81
287.81 and all rules promulgated under this
22chapter except under those sections.
SB622,377,25
23(2) Notwithstanding sub. (1) and s.
159.95 287.95 (3) (a), the attorney general
24may enforce s.
159.07 287.07 (3) and (4) by seeking injunctive relief against any
25person violating those provisions.
SB622, s. 920
1Section
920. 159.93 of the statutes is renumbered 287.93.
SB622, s. 921
2Section
921. 159.95 of the statutes is renumbered 287.95, and 287.95 (1), (2)
3and (3), as renumbered, are amended to read:
SB622,378,64
287.95
(1) Any person who violates s.
159.07 287.07 (1m) may be required to
5forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and
6may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
SB622,378,8
7(2) (a) Any person who violates s.
159.07 287.07 (2) or
159.08 287.08 before
8January 1, 1995, is not subject to a penalty.
SB622,378,129
(b) After December 31, 1994, any person who violates s.
159.07 287.07 (2) or
10159.08 287.08 may be required to forfeit $50 for a first violation, may be required to
11forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000
12for a 3rd or subsequent violation.
SB622,378,14
13(3) (a) Any person who violates s.
159.07 287.07 (3) and (4) before January 1,
141997, is not subject to a penalty.
SB622,378,1815
(b) After December 31, 1996, any person who violates s.
159.07 287.07 (3) and
16(4) may be required to forfeit $50 for a first violation, may be required to forfeit $200
17for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or
18subsequent violation.
SB622, s. 922
19Section
922. 159.97 of the statutes is renumbered 287.97 and is amended to
20read:
SB622,378,24
21287.97 Penalties. Any person who violates this chapter, except s.
159.07,
22159.08 287.07, 287.08 or
159.81
287.81, or any rule promulgated under this chapter,
23except under s.
159.07, 159.08 287.07, 287.08 or
159.81 287.81, may be required to
24forfeit not less than $10 nor more than $1,000 for each violation.
SB622, s. 923
25Section
923. 160.01 (4) of the statutes is amended to read:
SB622,379,3
1160.01
(4) "Groundwater" means any of the waters of the state, as defined in
2s.
144.01 (19) 281.01 (18), occurring in a saturated subsurface geological formation
3of rock or soil.
SB622, s. 924
4Section
924. 160.09 (1) (intro.) of the statutes is amended to read:
SB622,379,85
160.09
(1) (intro.) Notwithstanding the authority of the department under
chs.
6144 and 162 ss. 280.11, 281.15 and 281.17 (8) to establish standards for pure drinking
7water, the department shall establish enforcement standards for substances of
8public welfare concern as follows:
Note: The reference to establishing standards for pure drinking water under chs.
144 and 162 is overly inclusive. Only ss. 144.025 (2) (b) and (t) and 162.01 of those
chapters relate specifically to establishing water quality and drinking water standards.
Therefore, the new cross-reference is restricted to new ss. 280.11, 281.15 and 281.17 (8),
which correspond with current ss. 144.025 (2) (b) and (t) and 162.01.
SB622, s. 925
9Section
925. 160.19 (8) of the statutes is amended to read:
SB622,379,1710
160.19
(8) Notwithstanding subs. (2) to (4), the department may allow a facility
11which is regulated under
subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 to be
12constructed, after May 11, 1984, in an area where the background concentration of
13nitrate or a substance of public welfare concern attains or exceeds the preventive
14action limit or the enforcement standard if the facility is designed to achieve the
15lowest possible concentration for that substance which is technically and
16economically feasible and the anticipated increase in the concentration of the
17substance does not present a threat to public health or welfare.
SB622, s. 926
18Section
926. 160.19 (9) (intro.) of the statutes is amended to read:
SB622,380,219
160.19
(9) (intro.) Notwithstanding subs. (2) to (4), the department may allow
20a facility which is regulated under
subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to
21292 to be constructed, after May 11, 1984, in an area where the background
1concentration of a substance of public health concern, other than nitrate, attains or
2exceeds a preventive action limit for that substance:
SB622, s. 927
3Section
927. 160.19 (12) of the statutes is amended to read:
SB622,380,104
160.19
(12) The requirements in this section shall not apply to rules governing
5an activity regulated under
ss. 144.80 to 144.94
ch. 293, or to a solid waste facility
6regulated under
s. 144.44 subch. III of ch. 289 which is part of an activity regulated
7under
ss. 144.80 to 144.94 ch. 293, except that the department may promulgate new
8rules or amend rules governing this type of activity, practice or facility if the
9department determines that the amendment or promulgation of rules is necessary
10to protect public health, safety or welfare.
SB622, s. 928
11Section
928. 160.21 (2) (c) (intro.) of the statutes is amended to read:
SB622,380,1512
160.21
(2) (c) (intro.) If facilities are subject to regulation under
subch. IV of
13ch. 144 or ch. 147 chs. 283 or 289 to 292, the department shall develop by rule and
14utilize points of standards application for purposes of facility design, the review of
15facility performance and enforcement as follows:
SB622, s. 929
16Section
929. 160.21 (2) (c) 1. of the statutes is amended to read:
SB622,380,2217
160.21
(2) (c) 1. Rules promulgated by the department under s.
144.435 289.05 18(1) relating to facility design shall establish design criteria which ensure compliance
19with s. 160.19 (2) at any point of present groundwater use, at property boundaries
20and at any point beyond a 3-dimensional design management zone within property
21boundaries established under general criteria specified by rule and applied to
22individual facilities.
SB622, s. 930
23Section
930. 160.23 (7) of the statutes is amended to read:
SB622,381,424
160.23
(7) If the concentration of a substance in groundwater attains or exceeds
25a preventive action limit at a point of standards application and if a waste facility
1subject to the waste management fund incurs costs for repairing environmental
2damage which arises from these occurrences which are not anticipated in the plan
3of operation and which poses a substantial hazard to public health or welfare, those
4costs may be paid as provided under s.
144.441 (6)
289.68.
SB622, s. 931
5Section
931. 160.25 (1) (a) (intro.) of the statutes is amended to read:
SB622,381,126
160.25
(1) (a) (intro.) If an activity or practice is not subject to regulation under
7subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 and if the concentration of a
8substance in groundwater attains or exceeds an enforcement standard at a point of
9standards application, the regulatory agency shall take the following responses
10unless it can be shown to the regulatory agency that, to a reasonable certainty, by the
11greater weight of the credible evidence, an alternative response will achieve
12compliance with the enforcement standard at the point of standards application:
SB622, s. 932
13Section
932. 160.25 (2) of the statutes is amended to read:
SB622,381,1914
160.25
(2) If a facility is subject to regulation under
subch. IV of ch. 144 or ch.
15147 chs. 283 or 289 to 292 and if the concentration of a substance in groundwater
16attains or exceeds an enforcement standard at a point of standards application, the
17department shall require remedial actions for a specific site in accordance with rules
18promulgated under s. 160.21 as are necessary to achieve compliance with the
19enforcement standard at the point of standards application.
SB622, s. 933
20Section
933. 160.25 (6) of the statutes is amended to read:
SB622,382,221
160.25
(6) If the concentration of a substance in groundwater attains or exceeds
22an enforcement standard at a point of standards application and if a waste facility
23subject to the waste management fund incurs costs for repairing environmental
24damage which arises from those occurrences which are not anticipated in the plan
1of operation and which poses a substantial hazard to public health or welfare, those
2costs may be paid as provided under s.
144.441 (6)
289.68.
SB622, s. 934
3Section
934. 160.27 (5) of the statutes is amended to read:
SB622,382,94
160.27
(5) Notwithstanding subs. (1) to (3), a regulatory agency may develop
5and operate a system for monitoring and sampling groundwater to determine
6compliance with this chapter. This section does not affect the authority of the
7department to require groundwater monitoring by owners or operators of solid or
8hazardous waste facilities or water supply or wastewater systems under
ch. 144, 147
9or 162 chs. 280 to 285 or 289 to 299, except s. 281.48.
SB622, s. 935
10Section
935. 160.32 (2) of the statutes is amended to read:
SB622,382,1411
160.32
(2) No admission of liability. A response at a specific site taken by any
12person under s. 160.23 or 160.25 is not evidence of liability or an admission of liability
13for any potential or actual environmental pollution, as defined under s.
144.01 (3) 14299.01 (4).
SB622, s. 936
15Section
936. Chapter 162 (title) of the statutes is renumbered chapter 280
16(title).
SB622, s. 937
17Section
937. 162.01 of the statutes is renumbered 280.11, and 280.11 (title)
18and (1), as renumbered, are amended to read:
SB622,383,6
19280.11 (title)
Pure drinking water; powers of department of natural
20resources. (1) The department
of natural resources shall, after a public hearing,
21prescribe, publish and enforce minimum reasonable standards and rules and
22regulations for methods to be pursued in the obtaining of pure drinking water for
23human consumption and the establishing of all safeguards deemed necessary in
24protecting the public health against the hazards of polluted sources of impure water
25supplies intended or used for human consumption, including minimum reasonable
1standards for the construction of well pits. It shall have general supervision and
2control of all methods of obtaining groundwater for human consumption including
3sanitary conditions surrounding the same, the construction or reconstruction of
4wells and generally to prescribe, amend, modify or repeal any rule or regulation
5theretofore prescribed and shall do and perform any act deemed necessary for the
6safeguarding of public health.
SB622, s. 938
7Section
938. 162.02 of the statutes is renumbered 280.01 and amended to
8read:
SB622,383,10
9280.01 Definitions. For the purposes of In this chapter
, the following
10definitions are hereby established:
SB622,383,11
11(1) "Department"
shall mean means the department of natural resources.
SB622,383,13
12(2) "Groundwater"
is defined to mean means subsurface water supplied for
13human consumption.
SB622,383,17
14(3) "Permit"
is means the registration certificate issued by the department
of
15natural resources to each person, firm or corporation duly registering and paying the
16annual permit fee to do well drilling or pump installing, or both, as herein provided
17for.
SB622,383,21
18(4) "Pump installer"
is means any person, firm or corporation who has duly
19registered as such with the department
of natural resources and shall have paid the
20annual registration fee and obtained a permit to engage in pump installing as herein
21provided.
SB622,384,2
22(5) "Pump installing"
is means the industry and procedure employed in the
23placement and preparation for operation of equipment and materials utilized in
24withdrawing or obtaining water from a well for consumption or use, including all
1construction involved in making entrance to the well and establishing such seals and
2safeguards as are necessary to protect such water from contamination.
SB622,384,5
3(6) "Well"
is defined to mean
means an excavation or opening into the ground
4made by digging, boring, drilling, driving or other methods for the purpose of
5obtaining groundwater for human consumption.
SB622,384,9
6(7) "Well driller"
is defined to be means any person, firm or corporation who has
7duly registered as such with the department
of natural resources and shall have paid
8the annual registration fee and obtained a permit to construct wells as herein
9provided.
SB622,384,14
10(8) "Well drilling"
is defined as
means the industry and procedure employed in
11obtaining groundwater from a well by digging, boring, drilling, driving or other
12methods but not including the driving of points for the purpose of obtaining ground
13water. It shall also include all construction work and installation of well casings in
14said well involved therein for the protection of such well water against pollution.
SB622, s. 939
15Section
939. 162.03 of the statutes is renumbered 280.13.
SB622, s. 940
16Section
940. 162.04 of the statutes is renumbered 280.15, and 280.15 (1) (a),
17as renumbered, is amended to read:
SB622,384,2218
280.15
(1) (a)
Registration requirement. Except as provided under ss.
162.047 19280.17 and
162.05 280.19, no person may engage in the business of well drilling or
20pump installing in this state unless the person registers each place of business or
21retail outlet he or she operates as a well driller or pump installer and pays the
22required permit fee.
SB622, s. 941
23Section
941. 162.047 of the statutes is renumbered 280.17.
SB622, s. 942
24Section
942. 162.05 of the statutes is renumbered 280.19.
SB622, s. 943
25Section
943. 162.06 of the statutes is renumbered 280.97.
SB622, s. 944
1Section
944. 162.07 of the statutes is renumbered 280.21.
SB622, s. 945
2Section
945. 166.03 (2) (b) 6. of the statutes is amended to read:
SB622,385,103
166.03
(2) (b) 6. Request the department of health and family services to
4inspect or provide for the inspection of shipments of radioactive waste, obtain and
5analyze data concerning the radiation level of shipments of radioactive waste and
6issue reports concerning these shipments and radiation levels. The adjutant general
7may assess and collect and receive contributions for any costs incurred under this
8subdivision from any person who produced the radioactive waste which is the subject
9of the activity for which the costs are incurred. In this subdivision, "radioactive
10waste" has the meaning given in s.
144.833 293.25 (1) (b).
SB622, s. 946
11Section
946. 166.15 (1) (e) 5. of the statutes is amended to read:
SB622,385,1212
166.15
(1) (e) 5. Environmental pollution, as defined in s.
144.01 (3) 299.01 (4).
SB622, s. 947
13Section
947. 166.15 (1) (e) 6. of the statutes is amended to read:
SB622,385,1614
166.15
(1) (e) 6. Expenses incurred by an emergency provider in preparing for
15and responding to a nuclear incident which are not reimbursed under s.
144.76 (7)
16or 166.03 (1) (b) 2. or 3. or (2) (b) 7.
or 292.11 (7).
SB622, s. 948
17Section
948. 166.15 (1) (h) of the statutes is amended to read:
SB622,385,1918
166.15
(1) (h) "Radioactive waste" means radioactive waste, as defined in s.
19144.833 293.25 (1) (b), and radioactive defense waste.
SB622, s. 949
20Section
949. 166.15 (1) (j) of the statutes is amended to read:
SB622,385,2421
166.15
(1) (j) "Routine operations" means the operation of transportation
22equipment in a manner that is not subject to the requirements for immediate notice
23of incidents under
49 USC 1801 to
1811 or notice of discharge under s.
144.76 292.11 24(2).
SB622, s. 950
25Section
950. 166.20 (4) (a) of the statutes is amended to read:
SB622,386,3
1166.20
(4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s.
144.76 2292.11 (2) of the release of a hazardous substance, provide all information contained
3in the notification to the board.
SB622, s. 951
4Section
951. 166.20 (4) (b) of the statutes is amended to read:
SB622,386,125
166.20
(4) (b) Have the same powers and duties at the time of a release of a
6hazardous substance as are given to it under s.
144.76
292.11, including the
7investigation of releases of hazardous substances, the repair of any environmental
8damage which results from the release and the recovery of costs from responsible
9parties. The department of natural resources may also, at the time of a release of a
10hazardous substance, identify and recommend to the board and the committee
11measures to lessen or mitigate anticipated environmental damage resulting from the
12release.
SB622, s. 952
13Section
952. 166.20 (5) (a) 2. of the statutes is amended to read: