SB622: Bill Text

SB622, s. 970 Section 970. 227.01 (13) (zi) of the statutes is amended to read:

SB622,391,17 227.01 (13) (zi) Lists responsible units, as defined in s. 159.01 287.01 (9), and out-of-state units, as defined in s. 159.01 287.01 (5), with an effective recycling program under s. 159.11 287.11 (3).

SB622, s. 971 Section 971. 227.01 (13) (zp) of the statutes is amended to read:

SB622,391,20 227.01 (13) (zp) Establishes water quality objectives for priority watersheds or priority lakes under s. 144.25 281.65 (4) (dm).

SB622, s. 972 Section 972. 227.03 (2) of the statutes is amended to read:

SB622,391,24 227.03 (2) Except as provided in s. 108.105, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65 (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 Section 973. 227.42 (4) of the statutes is amended to read:

SB622,392,2 227.42 (4) This section does not apply if a hearing on the matter was conducted as a part of a hearing under s. 144.836 293.43.

SB622, s. 974 Section 974. 227.42 (5) of the statutes is amended to read:

SB622,392,10 227.42 (5) Except as provided under s. 144.44 (2) (m) 289.27 (1), this section does not apply to any part of the process for approving a feasibility report, plan of operation or license under s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31, any decision by the department of natural resources relating to the environmental impact of a proposed action under ss. 144.43 to 144.47 or 144.60 to 144.74 ch. 289 or 291 or ss. 292.31 and 292.35, or any part of the process of negotiation and arbitration under s. 144.445 289.33.

SB622, s. 975 Section 975. 227.42 (6) of the statutes is amended to read:

SB622,392,13 227.42 (6) This section does not apply to a decision issued or a hearing conducted under s. 144.645 291.87.

SB622, s. 976 Section 976. 234.01 (4n) (a) 8. of the statutes is amended to read:

SB622,392,15 234.01 (4n) (a) 8. Facilities for recycling as defined in s. 159.13 287.13 (1) (h).

SB622, s. 977 Section 977. 234.67 (1) (g) of the statutes is amended to read:

SB622,392,18 234.67 (1) (g) "Postconsumer waste" has the meaning given in s. 159.01 287.01 (7).

SB622, s. 978 Section 978. 234.69 (1) (c) of the statutes is amended to read:

SB622,392,21 234.69 (1) (c) "Nonattainment area" has the meaning given in s. 144.30 (21) 285.01 (30).

SB622, s. 979 Section 979. 234.69 (2) (b) 2. and 3. of the statutes are amended to read:

SB622,392,24 234.69 (2) (b) 2. Sections 144.30 to 144.403 Chapter 285, except ss. 285.30, 285.31, 285.55, 285.57, 285.59, 285.73, 285.77, 285.83, 285.85 and 285.87.

SB622,392,25 3. A local air pollution control program established under s. 144.41 285.73.

SB622, s. 980 Section 980. 234.87 (1) (ae) of the statutes is amended to read:

SB622,393,3 234.87 (1) (ae) "Best management practices" has the meaning given in s. 144.25 281.65 (2) (a).

SB622, s. 981 Section 981. 234.87 (1) (as) of the statutes is amended to read:

SB622,393,5 234.87 (1) (as) "Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

SB622, s. 982 Section 982. 234.87 (1) (b) of the statutes is amended to read:

SB622,393,8 234.87 (1) (b) "Priority lake area" has the meaning given in s. 144.25 281.65 (2) (bs).

SB622, s. 983 Section 983. 234.87 (1) (c) of the statutes is amended to read:

SB622,393,11 234.87 (1) (c) "Priority watershed" has the meaning given in s. 144.25 281.65 (2) (c).

SB622, s. 984 Section 984. 234.87 (3) (b) 1. of the statutes is amended to read:

SB622,393,14 234.87 (3) (b) 1. A priority watershed or priority lake area in which the program under s. 144.25 281.65 is implemented after May 16, 1992.

SB622, s. 985 Section 985. 236.13 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,394,4 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state , as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 144.01 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of commerce determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB622, s. 986 Section 986. 254.36 (2) of the statutes is amended to read:

SB622,394,11 254.36 (2) The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 144.83 (4) (i), 144.833 and 166.03 (2) (b) 6., 293.15 (8) and 293.25.

SB622, s. 987 Section 987. Chapter 281 of the statutes is created to read:

SB622,394,13 Chapter 281

SB622,394,14 water and sewage

SB622,394,15 subchapter i

SB622,394,17 definitions (precedes 281.01)

SB622,394,18 281.01 Definitions. In this chapter, unless the context requires otherwise:

SB622,394,19 (3) "Department" means the department of natural resources.

SB622,394,21 (4) "Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.

SB622,394,24 (5) "Industrial wastes" includes liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.

SB622,395,3 (6) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,395,9 (7) "Other wastes" includes all other substances, except industrial wastes and sewage, which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.

SB622,395,13 (8) "Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.

SB622,395,16 (9) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,395,19 (10) "Pollution" includes contaminating or rendering unclean or impure the waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

SB622,395,21 (11) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.

SB622,395,22 (12) "Secretary" means the secretary of natural resources.

SB622,395,25 (13) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12), with such surface water or groundwater as may be present.

SB622,396,3 (14) "Sewerage system" means all structures, conduits and pipe lines by which sewage is collected and disposed of, except plumbing inside and in connection with buildings served, and service pipes from building to street main.

SB622,396,12 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).

SB622,396,14 (16) "System or plant" includes water and sewerage systems and sewage and refuse disposal plants.

SB622,396,15 (17) "Wastewater" means all sewage.

SB622,396,20 (18) "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

SB622,396,22 (19) "Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.

SB622,396,25 (20) "Waterworks" or "water system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served, and service pipes from building to street main.

SB622,397,1 Subchapter II

SB622,397,3 water resources (precedes 281.11)

SB622,397,4 281.12 General department powers and duties.

SB622,397,5 281.13 Surveys and research.

SB622,397,6 281.15 Water quality standards.

SB622,397,7 281.17 Water quality and quantity; specific regulations.

SB622,397,8 281.19 Orders.

SB622,397,9 281.20 Orders; nonpoint source pollution.

SB622,397,10 subchapter iII

SB622,397,13 water quality and quantity; general regulations (precedes 281.31)

SB622,397,14 subchapter Iv

SB622,397,17 water and sewage facilities; septage disposal (precedes 281.41)

SB622,397,18 subchapter v

SB622,397,20 financial assistance (precedes 281.51)

SB622,397,21 subchapter vi

SB622,397,23 compensation (precedes 281.75)

SB622,397,24 subchapter vii

SB622,398,2 great lakes remedial action (precedes 281.81)

SB622,398,3 Subchapter VIII

SB622,398,5 general provisions; enforcement (precedes 281.91)

SB622,398,6 281.91 State agency personnel to report water pollution.

SB622,398,12 281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d) and 281.75 (19), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

SB622,398,20 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB622, s. 988 Section 988. Chapter 283 of the statutes is created to read:

SB622,398,22 Subchapter I

SB622,398,23 Policy and Purpose

SB622,398,24 (precedes 283.001)

SB622,398,25 Subchapter II

SB622,399,1 Definitions

SB622,399,2 (precedes 283.01)