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:
SB622,386,1914
166.20
(5) (a) 2. All facilities in this state covered under
42 USC 11004 shall
15comply with the notification requirements of
42 USC 11004. Notification of the
16department of natural resources of the discharge of a hazardous substance under s.
17144.76 292.11 (2) shall constitute the notification of the board required under
42 USC
1811004 if the notification contains the information specified in
42 USC 11004 (b) (2)
19or (c).
SB622, s. 953
20Section
953. 166.20 (5) (a) 4. c. of the statutes is amended to read:
SB622,387,521
166.20
(5) (a) 4. c. All facilities with 10 or more employes in major group
22classifications 10 to 13 in the standard industrial classification manual, 1987
23edition, published by the U.S. office of management and budget, at which a toxic
24chemical is used at or above an applicable threshold quantity, except that compliance
25with the toxic chemical release form requirements under this subd. 4. c. is not
1required for the placement of a toxic chemical in a storage or disposal site or facility
2that is located at a facility with a permit under
ss. 144.80 to 144.94 ch. 293 if the toxic
3chemical consists of or is contained in merchantable by-products as defined in s.
4144.81 (3) 293.01 (7), minerals as defined in s.
144.81 (4) 293.01 (8) or refuse as
5defined in s.
144.81 (17) 293.01 (25).
SB622, s. 954
6Section
954. 166.21 (2m) (f) of the statutes is amended to read:
SB622,387,97
166.21
(2m) (f) Procedures for county emergency response team actions that
8are consistent with local emergency response plans developed under s. 166.20 (3) and
9the state contingency plan established under s.
144.76
292.11 (5).
SB622, s. 955
10Section
955. 166.22 (1) (a) of the statutes is amended to read:
SB622,387,1111
166.22
(1) (a) "Discharge" has the meaning given in s.
144.76 (1) (a) 292.01 (3).
SB622, s. 956
12Section
956. 166.22 (1) (b) of the statutes is amended to read:
SB622,387,1413
166.22
(1) (b) "Hazardous substance" has the meaning given in s.
144.01 (4m) 14299.01 (6).
SB622, s. 957
15Section
957. 166.22 (3) of the statutes is amended to read:
SB622,387,2216
166.22
(3) If action required under sub. (2) is not being adequately taken or the
17identity of the person responsible for a discharge of a hazardous substance is
18unknown and the discharge threatens public health or safety or damage to property,
19a local agency may take any emergency action that is consistent with the contingency
20plan for the undertaking of emergency actions in response to the discharge of
21hazardous substances established by the department of natural resources under s.
22144.76 292.11 (5) and that it considers appropriate under the circumstances.
SB622, s. 958
23Section
958. 168.04 of the statutes is amended to read:
SB622,388,8
24168.04 Standards. The department by rule shall prescribe minimum product
25grade specifications for gasoline, reformulated gasoline, as defined in s.
144.3716
1285.37 (1), and kerosene and may prescribe product grade specifications for
2automotive gasoline, gasoline-alcohol fuel blends, aviation gasoline, fuel oils and
3diesel fuels. Automotive gasoline specifications shall include lead content. The rules
4shall, to the extent feasible, be in conformity with nationally recognized standards,
5specifications and classifications, such as those published by the American society
6for testing and materials, the society of automotive engineers and the U.S.
7environmental protection agency. The department may not promulgate or enforce
8a rule prohibiting additional information from placement on the dispensing device.
SB622,388,1811
168.11
(1) (b) 2. A device that dispenses, for sale at retail, a reformulated
12gasoline, as defined in s.
144.3716 285.37 (1), that contains an oxygenate other than
13ethanol shall be marked or labeled with the identity of the oxygenate at all times
14when the product is offered for sale. The label shall identify the oxygenate as "methyl
15tertiary butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the
16reformulated gasoline contains another oxygenate or a combination of oxygenates,
17the label shall identify the oxygenate or oxygenates in the manner specified by the
18department by rule.
SB622, s. 960
19Section
960. 196.49 (2) of the statutes is amended to read:
SB622,389,1020
196.49
(2) No public utility may begin the construction, installation or
21operation of any new plant, equipment, property or facility, nor the construction or
22installation of any extension, improvement or addition to its existing plant,
23equipment, property, apparatus or facilities unless the public utility has complied
24with any applicable rule or order of the commission and with s.
144.026 281.35, if
25applicable. If a cooperative association has been incorporated under ch. 185 for the
1production, transmission, delivery or furnishing of light or power and has filed with
2the commission a map of the territory to be served by the association and a statement
3showing that a majority of the prospective consumers in the area are included in the
4project, no public utility may begin any such construction, installation or operation
5within the territory until after the expiration of 6 months from the date of filing the
6map and notice. If the cooperative association has entered into a loan agreement
7with any federal agency for the financing of its proposed system and has given
8written notice of the agreement to the commission, no public utility may begin any
9construction, installation or operation within the territory until 12 months after the
10date of the loan agreement.
SB622, s. 961
11Section
961. 196.491 (3) (d) 3. of the statutes is amended to read:
SB622,389,1812
196.491
(3) (d) 3. The design and location or route is in the public interest
13considering alternative sources of supply, alternative locations or routes, individual
14hardships, engineering, economic, safety, reliability and environmental factors. In
15its consideration of environmental factors, the commission may not determine that
16the design and location or route is not in the public interest because of the impact of
17air pollution if the proposed facility will meet the requirements of
ss. 144.30 to
18144.426 ch. 285.
SB622, s. 962
19Section
962. 196.491 (3) (d) 4. of the statutes is amended to read:
SB622,390,220
196.491
(3) (d) 4. The proposed facility will not have undue adverse impact on
21other environmental values such as, but not limited to, ecological balance, public
22health and welfare, historic sites, geological formations, the aesthetics of land and
23water and recreational use. In its consideration of the impact on other
24environmental values, the commission may not determine that the proposed facility
25will have an undue adverse impact on these values because of the impact of air
1pollution if the proposed facility will meet the requirements of
ss. 144.30 to 144.426 2ch. 285.
SB622,390,95
196.856
(1) The commission shall annually assess against the major utilities,
6as defined under s.
144.386 285.41 (1) (f), the total, not to exceed $400,000, of the
7amount appropriated under s. 20.370 (2) (cj) for acid deposition studies and
8evaluation and monitoring activities conducted by the department of natural
9resources.
SB622, s. 964
10Section
964. 196.98 of the statutes is amended to read:
SB622,390,17
11196.98 Water reporting required. The commission shall ensure that each
12public utility to which s.
144.026 281.35 applies shall comply with the requirements
13of that section and shall report its volume and rate of withdrawal, as defined under
14s.
144.026 281.35 (1) (m), and its volume and rate of water loss, as defined under s.
15144.026 281.35 (1) (L), if any, to the commission in the form and at the times specified
16by the department of natural resources. The commission shall provide the
17information reported under this section to the department of natural resources.
SB622, s. 965
18Section
965. 214.495 (1) of the statutes is amended to read:
SB622,390,2319
214.495
(1) A mortgage taken and recorded by a savings bank shall have
20priority over all liens, except tax and special assessment liens and liens under ss.
21144.442 (9) 292.31 (8) (i),
144.76 (13) and 144.77 292.41 (6) (d)
and 292.81, upon the
22mortgaged premises and the buildings and improvements thereon, that are filed
23after the recording of the mortgage.
SB622, s. 966
24Section
966. 215.21 (4) (a) of the statutes is amended to read:
SB622,391,5
1215.21
(4) (a) All mortgages described in this section shall have priority over
2all liens, except tax and special assessment liens and liens under ss.
144.442 (9) 3292.31 (8) (i),
144.76 (13) and 144.77 292.41 (6) (d)
and 292.81, upon the mortgaged
4premises and the buildings and improvements thereon, which shall be filed
5subsequent to the recording of such mortgage.
SB622, s. 967
6Section
967. 227.01 (13) (ym) of the statutes is amended to read:
SB622,391,87
227.01
(13) (ym) Establishes conditions for a waiver to allow the burning of
8brush or other woody material under s.
159.07 287.07 (7) (e).
SB622, s. 968
9Section
968. 227.01 (13) (z) of the statutes is amended to read:
SB622,391,1010
227.01
(13) (z) Defines or lists nonattainment areas under s.
144.371 285.23.
SB622, s. 969
11Section
969. 227.01 (13) (zc) of the statutes is amended to read:
SB622,391,1312
227.01
(13) (zc) Establishes an inventory or a hazard ranking under s.
144.442 13292.31.