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.
SB622, s. 970
14Section
970. 227.01 (13) (zi) of the statutes is amended to read:
SB622,391,1715
227.01
(13) (zi) Lists responsible units, as defined in s.
159.01 287.01 (9), and
16out-of-state units, as defined in s.
159.01 287.01 (5), with an effective recycling
17program under s.
159.11 287.11 (3).
SB622, s. 971
18Section
971. 227.01 (13) (zp) of the statutes is amended to read:
SB622,391,2019
227.01
(13) (zp) Establishes water quality objectives for priority watersheds
20or priority lakes under s.
144.25 281.65 (4) (dm).
SB622, s. 972
21Section
972. 227.03 (2) of the statutes is amended to read:
SB622,391,2422
227.03
(2) Except as provided in s. 108.105, only the provisions of this chapter
23relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65
24(2),
144.445 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108 or 949.
SB622, s. 973
25Section
973. 227.42 (4) of the statutes is amended to read:
SB622,392,2
1227.42
(4) This section does not apply if a hearing on the matter was conducted
2as a part of a hearing under s.
144.836 293.43.
SB622, s. 974
3Section
974. 227.42 (5) of the statutes is amended to read:
SB622,392,104
227.42
(5) Except as provided under s.
144.44 (2) (m) 289.27 (1), this section
5does not apply to any part of the process for approving a feasibility report, plan of
6operation or license under
s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25,
7291.29 or 291.31, any decision by the department of natural resources relating to the
8environmental impact of a proposed action under
ss. 144.43 to 144.47 or 144.60 to
9144.74 ch. 289 or 291 or ss. 292.31 and 292.35, or any part of the process of negotiation
10and arbitration under s.
144.445 289.33.
SB622, s. 975
11Section
975. 227.42 (6) of the statutes is amended to read:
SB622,392,1312
227.42
(6) This section does not apply to a decision issued or a hearing
13conducted under s.
144.645 291.87.
SB622, s. 976
14Section
976. 234.01 (4n) (a) 8. of the statutes is amended to read:
SB622,392,1515
234.01
(4n) (a) 8. Facilities for recycling as defined in s.
159.13 287.13 (1) (h).
SB622, s. 977
16Section
977. 234.67 (1) (g) of the statutes is amended to read:
SB622,392,1817
234.67
(1) (g) "Postconsumer waste" has the meaning given in s.
159.01 287.01 18(7).
SB622, s. 978
19Section
978. 234.69 (1) (c) of the statutes is amended to read:
SB622,392,2120
234.69
(1) (c) "Nonattainment area" has the meaning given in s.
144.30 (21) 21285.01 (30).
SB622, s. 979
22Section
979. 234.69 (2) (b) 2. and 3. of the statutes are amended to read:
SB622,392,2423
234.69
(2) (b) 2.
Sections 144.30 to 144.403 Chapter 285, except ss. 285.30,
24285.31, 285.55, 285.57, 285.59, 285.73, 285.77, 285.83, 285.85 and 285.87.
SB622,392,2525
3. A local air pollution control program established under s.
144.41 285.73.
SB622, s. 980
1Section
980. 234.87 (1) (ae) of the statutes is amended to read:
SB622,393,32
234.87
(1) (ae) "Best management practices" has the meaning given in s.
144.25 3281.65 (2) (a).
SB622, s. 981
4Section
981. 234.87 (1) (as) of the statutes is amended to read:
SB622,393,55
234.87
(1) (as) "Discharge" has the meaning given in s.
144.76 (1) (a) 292.01 (3).
SB622, s. 982
6Section
982. 234.87 (1) (b) of the statutes is amended to read:
SB622,393,87
234.87
(1) (b) "Priority lake area" has the meaning given in s.
144.25 281.65 8(2) (bs).
SB622, s. 983
9Section
983. 234.87 (1) (c) of the statutes is amended to read:
SB622,393,1110
234.87
(1) (c) "Priority watershed" has the meaning given in s.
144.25 281.65 11(2) (c).
SB622, s. 984
12Section
984. 234.87 (3) (b) 1. of the statutes is amended to read:
SB622,393,1413
234.87
(3) (b) 1. A priority watershed or priority lake area in which the program
14under s.
144.25 281.65 is implemented after May 16, 1992.
SB622,394,417
236.13
(2m) As a further condition of approval when lands included in the plat
18lie within 500 feet of the ordinary high-water mark of any navigable stream, lake
19or other body of navigable water or if land in the proposed plat involves lake or stream
20shorelands referred to in s. 236.16, the department of natural resources, to prevent
21pollution of navigable waters, or the department of commerce, to protect the public
22health and safety, may require assurance of adequate drainage areas for private
23sewage disposal systems and building setback restrictions, or provisions by the
24owner for public sewage disposal facilities for waters of the state
, as defined in s.
25281.01 (18), industrial wastes
, as defined in s. 281.01 (5), and other wastes, as
1defined in s.
144.01 281.01 (7). The public sewage disposal facilities may consist of
2one or more systems as the department of natural resources or the department of
3commerce determines on the basis of need for prevention of pollution of the waters
4of the state or protection of public health and safety.
SB622, s. 986
5Section
986. 254.36 (2) of the statutes is amended to read:
SB622,394,116
254.36
(2) The department, on the recommendation of the council, shall
7promulgate a radiation protection code. Other departments and agencies of state
8government and local governmental units may adopt the identical code, but no other
9rule, code or ordinance relating to this subject may be promulgated or enacted except
10as provided under ss.
144.83 (4) (i), 144.833 and 166.03 (2) (b) 6.
, 293.15 (8) and
11293.25.
SB622, s. 987
12Section
987. Chapter 281 of the statutes is created to read:
SB622,394,1313
Chapter 281
SB622,394,1414
water and sewage
SB622,394,1515
subchapter i
SB622,394,1716
definitions
17
(
precedes 281.01)
SB622,394,18
18281.01 Definitions. In this chapter, unless the context requires otherwise:
SB622,394,19
19(3) "Department" means the department of natural resources.
SB622,394,21
20(4) "Garbage" means discarded materials resulting from the handling,
21processing, storage and consumption of food.
SB622,394,24
22(5) "Industrial wastes" includes liquid or other wastes resulting from any
23process of industry, manufacture, trade or business or the development of any
24natural resource.
SB622,395,3
1(6) "Municipality" means any city, town, village, county, county utility district,
2town sanitary district, public inland lake protection and rehabilitation district or
3metropolitan sewage district.
SB622,395,9
4(7) "Other wastes" includes all other substances, except industrial wastes and
5sewage, which pollute any of the surface waters of the state. The term also includes
6unnecessary siltation resulting from operations such as the washing of vegetables
7or raw food products, gravel washing, stripping of lands for development of
8subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles
9or barges or gross neglect of land erosion.
SB622,395,13
10(8) "Owner" means the state, county, town, town sanitary district, city, village,
11metropolitan sewerage district, corporation, firm, company, institution or individual
12owning or operating any water supply, sewerage or water system or sewage and
13refuse disposal plant.
SB622,395,16
14(9) "Person" means an individual, owner, operator, corporation, limited
15liability company, partnership, association, municipality, interstate agency, state
16agency or federal agency.
SB622,395,19
17(10) "Pollution" includes contaminating or rendering unclean or impure the
18waters of the state, or making the same injurious to public health, harmful for
19commercial or recreational use, or deleterious to fish, bird, animal or plant life.
SB622,395,21
20(11) "Refuse" means all matters produced from industrial or community life,
21subject to decomposition, not defined as sewage.
SB622,395,22
22(12) "Secretary" means the secretary of natural resources.
SB622,395,25
23(13) "Sewage" means the water-carried wastes created in and to be conducted
24away from residences, industrial establishments, and public buildings as defined in
25s. 101.01 (12), with such surface water or groundwater as may be present.
SB622,396,3
1(14) "Sewerage system" means all structures, conduits and pipe lines by which
2sewage is collected and disposed of, except plumbing inside and in connection with
3buildings served, and service pipes from building to street main.
SB622,396,12
4(15) "Solid waste" means any garbage, refuse, sludge from a waste treatment
5plant, water supply treatment plant or air pollution control facility and other
6discarded or salvageable materials, including solid, liquid, semisolid, or contained
7gaseous materials resulting from industrial, commercial, mining and agricultural
8operations, and from community activities, but does not include solids or dissolved
9material in domestic sewage, or solid or dissolved materials in irrigation return flows
10or industrial discharges which are point sources subject to permits under ch. 283, or
11source material, as defined in s. 254.31 (10), special nuclear material, as defined in
12s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).
SB622,396,14
13(16) "System or plant" includes water and sewerage systems and sewage and
14refuse disposal plants.
SB622,396,15
15(17) "Wastewater" means all sewage.
SB622,396,20
16(18) "Waters of the state" includes those portions of Lake Michigan and Lake
17Superior within the boundaries of this state, and all lakes, bays, rivers, streams,
18springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage
19systems and other surface water or groundwater, natural or artificial, public or
20private, within this state or its jurisdiction.
SB622,396,22
21(19) "Water supply" means the sources and their surroundings from which
22water is supplied for drinking or domestic purposes.
SB622,396,25
23(20) "Waterworks" or "water system" means all structures, conduits and
24appurtenances by means of which water is delivered to consumers except piping and
25fixtures inside buildings served, and service pipes from building to street main.
SB622,397,1
1Subchapter II