SB622,415,7
3292.99 Penalties. (1) Any person who violates this chapter or any rule
4promulgated or any plan approval, license or special order issued under this chapter
5shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of
6continued violation is a separate offense. While an order is suspended, stayed or
7enjoined, this penalty does not accrue.
SB622,415,15
8(2) In addition to the penalties provided under sub. (1), the court may award
9the department of justice the reasonable and necessary expenses of the investigation
10and prosecution of the violation, including attorney fees. The department of justice
11shall deposit in the state treasury for deposit into the general fund all moneys that
12the court awards to the department or the state under this subsection. Ten percent
13of the money deposited in the general fund that was awarded under this subsection
14for the costs of investigation and the expenses of prosecution, including attorney fees,
15shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB622, s. 994
16Section
994. Chapter 293 of the statutes is created to read:
SB622,415,1817
Chapter 293
18
Metallic Mining
SB622,415,2119
Subchapter I
20
Definitions
21
(
precedes 293.01)
SB622,415,2522
293.01
(1m) "Air pollution" means the presence in the atmosphere of one or
23more air contaminants in such quantities and of such duration as is or tends to be
24injurious to human health or welfare, animal or plant life, or property, or would
25unreasonably interfere with the enjoyment of life or property.
SB622,416,1
1(3) "Department" means the department of natural resources.
SB622,416,5
2(4) "Environmental pollution" means the contaminating or rendering unclean
3or impure the air, land or waters of the state, or making the same injurious to public
4health, harmful for commercial or recreational use, or deleterious to fish, bird,
5animal or plant life.
SB622,416,8
6(16) "Person" means an individual, owner, operator, corporation, limited
7liability company, partnership, association, municipality, interstate agency, state
8agency or federal agency.
SB622,416,9
9(27) "Solid waste" has the meaning given under s. 281.01 (15).
SB622,416,14
10(29) "Waters of the state" includes those portions of Lake Michigan and Lake
11Superior within the boundaries of this state, and all lakes, bays, rivers, streams,
12springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage
13systems and other surface water or groundwater, natural or artificial, public or
14private, within this state or its jurisdiction.
SB622,416,16
15(30) "Water supply" means the sources and their surroundings from which
16water is supplied for drinking or domestic purposes.
SB622,416,1917
Subchapter II
18
Administration
19
(
precedes 293.11)
SB622,416,20
20293.13 Department duties.
SB622,416,21
21293.15 Department powers.
SB622,416,2422
Subchapter III
23
Exploration
24
(
precedes 293.21)
SB622,417,3
1Subchapter IV
2
Prospecting; Mining; Reclamation
3
(
precedes 293.31)
SB622,417,4
4293.35 Application for prospecting permit.
SB622,417,5
5293.37 Application for mining permit.
SB622,417,10
6(3) (a) A reclamation plan shall accompany all applications for mining permits.
7If it is physically or economically impracticable or environmentally or socially
8undesirable for the reclamation process to return the affected area to its original
9state, the plan shall set forth the reasons therefor and shall discuss alternative
10conditions and uses to which the affected area can be put.
SB622,417,1311
(b) The reclamation plan shall specify how the applicant intends to accomplish,
12to the fullest extent possible, compliance with the minimum standards under s.
13293.13 (2) (c).
SB622,417,1414
293.43
(1) Applicability.
SB622,417,15
15293.45 Prospecting; department grant or denial of permit.
SB622,417,16
16293.49 Mining; department grant or denial of permit.
SB622,417,21
17(7) The department, in granting a permit under this section, shall require the
18permit holder to perform adequate monitoring of environmental changes during the
19course of the permitted activity and for such additional period of time as is necessary
20to satisfactorily complete reclamation and completely release the permit holder from
21any bonds required.
SB622,417,22
22293.53 Review of permits; periodic reports.
SB622,417,2523
Subchapter V
24
General Provisions; Enforcement
25
(
precedes 293.81)
SB622,418,1
1293.85 Cancellation of permit.
SB622,418,72
293.87
(4) (a) Except for the violations enumerated in subs. (2) and (3), any
3person who violates this chapter or any rule promulgated or any plan approval,
4license or special order issued under this chapter shall forfeit not less than $10 nor
5more than $5,000 for each violation. Each day of continued violation is a separate
6offense. While an order is suspended, stayed or enjoined, this penalty does not
7accrue.
SB622,418,158
(b) In addition to the penalties provided under par. (a), the court may award
9the department of justice the reasonable and necessary expenses of the investigation
10and prosecution of the violation, including attorney fees. The department of justice
11shall deposit in the state treasury for deposit into the general fund all moneys that
12the court awards to the department or the state under this paragraph. Ten percent
13of the money deposited in the general fund that was awarded under this paragraph
14for the costs of investigation and the expenses of prosecution, including attorney fees,
15shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB622, s. 995
16Section
995. Chapter 295 of the statutes is created to read:
SB622,418,1917
Chapter 295
18
nonmetallic mining
19
reclamation; oil and gas
SB622,418,2220
Subchapter I
21
Nonmetallic Mining Reclamation
22
(
precedes 295.11)
SB622,418,2323
295.11
(1) "Department" means the department of natural resources.
SB622,419,2
24(2) "Environmental pollution" means the contaminating or rendering unclean
25or impure the air, land or waters of the state, or making the same injurious to public
1health, harmful for commercial or recreational use, or deleterious to fish, bird,
2animal or plant life.
SB622,419,5
3(8) "Person" means an individual, owner, operator, corporation, limited
4liability company, partnership, association, municipality, interstate agency, state
5agency or federal agency.
SB622,419,14
6(10) "Solid waste" means any garbage, refuse, sludge from a waste treatment
7plant, water supply treatment plant or air pollution control facility and other
8discarded or salvageable materials, including solid, liquid, semisolid, or contained
9gaseous materials resulting from industrial, commercial, mining and agricultural
10operations, and from community activities, but does not include solids or dissolved
11material in domestic sewage, or solid or dissolved materials in irrigation return flows
12or industrial discharges which are point sources subject to permits under ch. 283, or
13source material, as defined in s. 254.31 (10), special nuclear material, as defined in
14s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).
SB622,419,2515
295.17
(2) Any duly authorized officer, employe or representative of the
16department may enter and inspect any property, premises or place on or at which any
17nonmetallic mining operation is located or is being constructed or installed at any
18reasonable time for the purpose of ascertaining the state of compliance with this
19chapter and chs. 281, 285, 289 to 293 and 299 and rules adopted pursuant thereto.
20No person may refuse entry or access to any such authorized representative of the
21department who requests entry for purposes of inspection, and who presents
22appropriate credentials, nor may any person obstruct, hamper or interfere with any
23such inspection. The department shall furnish to the nonmetallic mining site
24operator a written report setting forth all observations, relevant information and
25data which relate to compliance status.
SB622,420,5
1295.19
(3) (b) 1. Except for the violations enumerated in par. (a), any person
2who violates this subchapter or any rule promulgated or any plan approval, license
3or special order issued under this subchapter shall forfeit not less than $10 nor more
4than $5,000 for each violation. Each day of continued violation is a separate offense.
5While the order is suspended, stayed or enjoined, this penalty does not accrue.
SB622,420,136
2. In addition to the penalties provided under subd. 1., the court may award the
7department of justice the reasonable and necessary expenses of the investigation
8and prosecution of the violation, including attorney fees. The department of justice
9shall deposit in the state treasury for deposit into the general fund all moneys that
10the court awards to the department or the state under this subdivision. Ten percent
11of the money deposited in the general fund that was awarded under this subdivision
12for the costs of investigation and the expenses of prosecution, including attorney fees,
13shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB622,420,1414
295.31
(1) "Department" means the department of natural resources.
SB622,420,21
15(7m) "Other waste" includes all other substances, except industrial wastes, as
16defined in s. 281.01 (5), and sewage, as defined in s. 281.01 (13), which pollute any
17of the surface waters of the state. The term also includes unnecessary siltation
18resulting from operations such as the washing of vegetables or raw food products,
19gravel washing, stripping of lands for development of subdivisions, highways,
20quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross
21neglect of land erosion.
SB622,420,24
22(8) "Person" means an individual, owner, operator, corporation, limited
23liability company, partnership, association, municipality, interstate agency, state
24agency or federal agency.
SB622,421,5
1(9) "Waters of the state" includes those portions of Lake Michigan and Lake
2Superior within the boundaries of this state, and all lakes, bays, rivers, streams,
3springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage
4systems and other surface water or groundwater, natural or artificial, public or
5private, within this state or its jurisdiction.
SB622, s. 996
6Section
996. Chapter 299 of the statutes is created to read:
SB622,421,87
Chapter 299
8
General Environmental Provisions
SB622,421,9
9299.01 Definitions. In this chapter, unless the context requires otherwise:
SB622,421,10
10(3) "Department" means the department of natural resources.
SB622,421,14
11(4) "Environmental pollution" means the contaminating or rendering unclean
12or impure the air, land or waters of the state, or making the same injurious to public
13health, harmful for commercial or recreational use, or deleterious to fish, bird,
14animal or plant life.
SB622,421,16
15(5) "Groundwater" means any of the waters of the state occurring in a saturated
16subsurface geological formation of rock or soil.
SB622,421,24
17(6) "Hazardous substance" means any substance or combination of substances
18including any waste of a solid, semisolid, liquid or gaseous form which may cause or
19significantly contribute to an increase in mortality or an increase in serious
20irreversible or incapacitating reversible illness or which may pose a substantial
21present or potential hazard to human health or the environment because of its
22quantity, concentration or physical, chemical or infectious characteristics. This term
23includes, but is not limited to, substances which are toxic, corrosive, flammable,
24irritants, strong sensitizers or explosives as determined by the department.
SB622,422,3
1(7) "Industrial wastes" include liquid or other wastes resulting from any
2process of industry, manufacture, trade or business or the development of any
3natural resource.
SB622,422,6
4(8) "Municipality" means any city, town, village, county, county utility district,
5town sanitary district, public inland lake protection and rehabilitation district or
6metropolitan sewage district.
SB622,422,12
7(9) "Other wastes" include all other substances, except industrial wastes and
8sewage, which pollute any of the surface waters of the state. The term also includes
9unnecessary siltation resulting from operations such as the washing of vegetables
10or raw food products, gravel washing, stripping of lands for development of
11subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles
12or barges or gross neglect of land erosion.
SB622,422,15
13(10) "Person" means an individual, owner, operator, corporation, limited
14liability company, partnership, association, municipality, interstate agency, state
15agency or federal agency.
SB622,422,18
16(11) "Sewage" means the water-carried wastes created in and to be conducted
17away from residences, industrial establishments and public buildings, as defined in
18s. 101.01 (12), with such surface water or groundwater as may be present.
SB622,422,21
19(12) "Sewerage system" means all structures, conduits and pipe lines by which
20sewage is collected and disposed of, except plumbing inside and in connection with
21buildings served, and service pipes from building to street main.
SB622,422,22
22(13) "Wastewater" means all sewage.
SB622, s. 997
23Section
997. 341.10 (8) of the statutes is amended to read:
SB622,422,2424
341.10
(8) The vehicle is not eligible for registration under s.
144.42 285.30 (6).
SB622, s. 998
25Section
998. 345.11 (1u) of the statutes is amended to read:
SB622,423,3
1345.11
(1u) The uniform traffic citation may be used by an officer of a law
2enforcement agency of a municipality or county or a traffic officer employed under
3s. 110.07 for a violation of s.
159.81 287.81.
SB622, s. 999
4Section
999. 345.20 (2) (g) of the statutes is amended to read:
SB622,423,95
345.20
(2) (g) Sections 23.50 to 23.85 apply to actions in circuit court to recover
6forfeitures for violations of s.
159.81 287.81. No points may be assessed against the
7driving record of a person convicted of a violation of s.
159.81 287.81. The report of
8conviction and abstract of court record copy of the citation form shall be forwarded
9to the department.
SB622,423,2312
348.15
(3) (bv) In the case of a vehicle or combination of vehicles used primarily
13for the transportation of septage, as defined in s.
144.08 281.49 (1) (a), the gross
14weight imposed on the highway by the wheels of any one axle may not exceed 21,500
15pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more
16consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is
17shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart,
18a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more
19consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is
20shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply
21to the national system of interstate and defense highways, except for that portion of
22USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51
23and the I 90/94 interchange near Portage upon their federal designation as I 39.
SB622, s. 1001
24Section
1001. 348.27 (12) of the statutes is amended to read:
SB622,424,9
1348.27
(12) Transportation of garbage or refuse. The department may issue
2an annual or consecutive month permit for the transportation of garbage, as defined
3in s.
144.01 (4) 289.01 (9), or refuse,
as defined in s. 144.43 (4), in a self-compactor
4equipped vehicle which exceeds statutory weight and length limitations and for the
5return of the vehicle when empty. A permit under this subsection may be issued for
6use on any highway within this state.
In this subsection, "refuse" means combustible
7and noncombustible rubbish, including paper, wood, metal, glass, cloth an products
8thereof, litter and street rubbish, ahses, and lumber, concrete and other debris
9resulting from the construction or demolition of structures.
SB622, s. 1002
10Section
1002. 443.14 (10) and (11) of the statutes are amended to read:
SB622,424,1311
443.14
(10) Any person employed by a county or this state who is engaged in
12the planning, design, installation or regulation of soil and water conservation
13activities under ch. 92 or s.
144.25 281.65 and who is certified under s. 92.18.
SB622,424,16
14(11) Any land surveyor registered under s. 443.06 who is engaged in the
15planning, design, installation or regulation of soil and water conservation activities
16under ch. 92 or s.
144.25 281.65.
SB622, s. 1003
17Section
1003. 443.14 (12m) of the statutes is amended to read:
SB622,424,1918
443.14
(12m) A well driller, as defined in s.
162.02 280.01 (7), who is engaged
19in well drilling, as defined in s.
162.02 280.01 (8).
SB622, s. 1004
20Section
1004. 560.03 (9) of the statutes is amended to read:
SB622,425,221
560.03
(9) Establish and operate a small business ombudsman clearinghouse
22for business and industry to facilitate the flow of information from other state and
23federal agencies, to assist state agencies in establishing methods to encourage the
24participation of small businesses in rule making under s. 227.114 (4) and to serve as
25ombudsman for small business stationary sources, as defined in s.
144.36 285.79 (1),
1in connection with the implementation of the federal clean air act,
42 USC 7401 to
27671q.
SB622, s. 1005
3Section
1005. 560.11 (1) (a) of the statutes is amended to read:
SB622,425,104
560.11
(1) (a) Advise the department of natural resources concerning the
5effectiveness of the small business stationary source technical and environmental
6compliance assistance program under s.
144.36 285.79, difficulties encountered by
7small business stationary sources, as defined in s.
144.36 285.79 (1), in complying
8with
ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 and the degree and
9severity of enforcement of
ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 10against small business stationary sources.
SB622, s. 1006
11Section
1006. 560.11 (1) (c) of the statutes is amended to read:
SB622,425,1512
560.11
(1) (c) Review information to be provided to small business stationary
13sources in connection with
ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 to
14ensure that the information can be understood by persons without technical
15training.
SB622, s. 1007
16Section
1007. 560.11 (2) of the statutes is amended to read:
SB622,425,2217
560.11
(2) The employes of the department of commerce who staff the small
18business ombudsman clearinghouse under s. 560.03 (9) and the employes of the
19department of natural resources who staff the small business stationary source
20technical and environmental compliance assistance program under s.
144.36 285.79 21shall provide the small business environmental council with the assistance
22necessary to comply with sub. (1).
SB622, s. 1008
23Section
1008. 560.12 (1) (ae) of the statutes is amended to read:
SB622,425,2524
560.12
(1) (ae) "Recyclable material" means a material identified in s.
159.07 25287.07 (3) or (4) that is recovered from solid waste.
SB622, s. 1009
1Section
1009. 560.19 (1) (b) of the statutes is amended to read:
SB622,426,32
560.19
(1) (b) "Hazardous pollution prevention" has the meaning given in s.
3144.955 299.13 (1) (c).
SB622,426,66
560.19
(4) (d) 2. The program under s.
144.955 299.13.
SB622,426,99
560.65
(1) (a) "Air pollution" has the meaning given in s.
144.01 (1) 285.01 (3).