SB622: Bill Text

SB622,415,2 (b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.

SB622,415,7 292.99 Penalties. (1) 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.

SB622,415,15 (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. 994 Section 994. Chapter 293 of the statutes is created to read:

SB622,415,18 Chapter 293 Metallic Mining

SB622,415,21 Subchapter I Definitions (precedes 293.01)

SB622,415,25 293.01 (1m) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.

SB622,416,1 (3) "Department" means the department of natural resources.

SB622,416,5 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or 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.

SB622,416,8 (16) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,416,9 (27) "Solid waste" has the meaning given under s. 281.01 (15).

SB622,416,14 (29) "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.

SB622,416,16 (30) "Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.

SB622,416,19 Subchapter II Administration (precedes 293.11)

SB622,416,20 293.13 Department duties.

SB622,416,21 293.15 Department powers.

SB622,416,24 Subchapter III Exploration (precedes 293.21)

SB622,417,3 Subchapter IV Prospecting; Mining; Reclamation (precedes 293.31)

SB622,417,4 293.35 Application for prospecting permit.

SB622,417,5 293.37 Application for mining permit.

SB622,417,10 (3) (a) A reclamation plan shall accompany all applications for mining permits. If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the plan shall set forth the reasons therefor and shall discuss alternative conditions and uses to which the affected area can be put.

SB622,417,13 (b) The reclamation plan shall specify how the applicant intends to accomplish, to the fullest extent possible, compliance with the minimum standards under s. 293.13 (2) (c).

SB622,417,14 293.43 (1) Applicability.

SB622,417,15 293.45 Prospecting; department grant or denial of permit.

SB622,417,16 293.49 Mining; department grant or denial of permit.

SB622,417,21 (7) The department, in granting a permit under this section, shall require the permit holder to perform adequate monitoring of environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from any bonds required.

SB622,417,22 293.53 Review of permits; periodic reports.

SB622,417,25 Subchapter V General Provisions; Enforcement (precedes 293.81)

SB622,418,1 293.85 Cancellation of permit.

SB622,418,7 293.87 (4) (a) Except for the violations enumerated in subs. (2) and (3), 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.

SB622,418,15 (b) In addition to the penalties provided under par. (a), 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 paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph 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. 995 Section 995. Chapter 295 of the statutes is created to read:

SB622,418,19 Chapter 295 nonmetallic mining reclamation; oil and gas

SB622,418,22 Subchapter I Nonmetallic Mining Reclamation (precedes 295.11)

SB622,418,23 295.11 (1) "Department" means the department of natural resources.

SB622,419,2 (2) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or 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.

SB622,419,5 (8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,419,14 (10) "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).

SB622,419,25 295.17 (2) Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 293 and 299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.

SB622,420,5 295.19 (3) (b) 1. Except for the violations enumerated in par. (a), any person who violates this subchapter or any rule promulgated or any plan approval, license or special order issued under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

SB622,420,13 2. In addition to the penalties provided under subd. 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 subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision 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).

SB622,420,14 295.31 (1) "Department" means the department of natural resources.

SB622,420,21 (7m) "Other waste" includes all other substances, except industrial wastes, as defined in s. 281.01 (5), and sewage, as defined in s. 281.01 (13), 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.

SB622,420,24 (8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,421,5 (9) "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, s. 996 Section 996. Chapter 299 of the statutes is created to read:

SB622,421,8 Chapter 299 General Environmental Provisions

SB622,421,9 299.01 Definitions. In this chapter, unless the context requires otherwise:

SB622,421,10 (3) "Department" means the department of natural resources.

SB622,421,14 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or 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.

SB622,421,16 (5) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of rock or soil.

SB622,421,24 (6) "Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.

SB622,422,3 (7) "Industrial wastes" include liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.

SB622,422,6 (8) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,422,12 (9) "Other wastes" include 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.

SB622,422,15 (10) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,422,18 (11) "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.

SB622,422,21 (12) "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.

SB622,422,22 (13) "Wastewater" means all sewage.

SB622, s. 997 Section 997. 341.10 (8) of the statutes is amended to read:

SB622,422,24 341.10 (8) The vehicle is not eligible for registration under s. 144.42 285.30 (6).

SB622, s. 998 Section 998. 345.11 (1u) of the statutes is amended to read:

SB622,423,3 345.11 (1u) The uniform traffic citation may be used by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 for a violation of s. 159.81 287.81.

SB622, s. 999 Section 999. 345.20 (2) (g) of the statutes is amended to read:

SB622,423,9 345.20 (2) (g) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures for violations of s. 159.81 287.81. No points may be assessed against the driving record of a person convicted of a violation of s. 159.81 287.81. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.

SB622, s. 1000 Section 1000. 348.15 (3) (bv) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

SB622,423,23 348.15 (3) (bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 144.08 281.49 (1) (a), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

SB622, s. 1001 Section 1001. 348.27 (12) of the statutes is amended to read:

SB622,424,9 348.27 (12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 144.01 (4) 289.01 (9), or refuse, as defined in s. 144.43 (4), in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, "refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth an products thereof, litter and street rubbish, ahses, and lumber, concrete and other debris resulting from the construction or demolition of structures.

SB622, s. 1002 Section 1002. 443.14 (10) and (11) of the statutes are amended to read:

SB622,424,13 443.14 (10) Any person employed by a county or this state who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65 and who is certified under s. 92.18.

SB622,424,16 (11) Any land surveyor registered under s. 443.06 who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65.

SB622, s. 1003 Section 1003. 443.14 (12m) of the statutes is amended to read:

SB622,424,19 443.14 (12m) A well driller, as defined in s. 162.02 280.01 (7), who is engaged in well drilling, as defined in s. 162.02 280.01 (8).

SB622, s. 1004 Section 1004. 560.03 (9) of the statutes is amended to read:

SB622,425,2 560.03 (9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in s. 144.36 285.79 (1), in connection with the implementation of the federal clean air act, 42 USC 7401 to 7671q.

SB622, s. 1005 Section 1005. 560.11 (1) (a) of the statutes is amended to read:

SB622,425,10 560.11 (1) (a) Advise the department of natural resources concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79, difficulties encountered by small business stationary sources, as defined in s. 144.36 285.79 (1), in complying with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 and the degree and severity of enforcement of ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 against small business stationary sources.

SB622, s. 1006 Section 1006. 560.11 (1) (c) of the statutes is amended to read:

SB622,425,15 560.11 (1) (c) Review information to be provided to small business stationary sources in connection with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 to ensure that the information can be understood by persons without technical training.

SB622, s. 1007 Section 1007. 560.11 (2) of the statutes is amended to read:

SB622,425,22 560.11 (2) The employes of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employes of the department of natural resources who staff the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).

SB622, s. 1008 Section 1008. 560.12 (1) (ae) of the statutes is amended to read:

SB622,425,25 560.12 (1) (ae) "Recyclable material" means a material identified in s. 159.07 287.07 (3) or (4) that is recovered from solid waste.

SB622, s. 1009 Section 1009. 560.19 (1) (b) of the statutes is amended to read:

SB622,426,3 560.19 (1) (b) "Hazardous pollution prevention" has the meaning given in s. 144.955 299.13 (1) (c).

SB622, s. 1010 Section 1010. 560.19 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,426,6 560.19 (4) (d) 2. The program under s. 144.955 299.13.

SB622, s. 1011 Section 1011. 560.65 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: