27,2521
Section 2521
. 94.685 (3) of the statutes is repealed and recreated to read:
94.685 (3) (a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:
1. A license fee of $60.
2. An agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.
(b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.
2. The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund.
27,2521m
Section 2521m. 94.69 (10) of the statutes is amended to read:
94.69 (10) The department shall promulgate rules when it determines that it is necessary for the protection of persons or property from serious pesticide hazards and that its enforcement is feasible and will substantially eliminate or reduce such hazards. In making this determination the department shall consider the toxicity, hazard, effectiveness and public need for the pesticides, and the availability of less toxic or less hazardous pesticides or other means of pest control. It shall obtain the recommendations of the pesticide review board and such rules, other than rules to protect groundwater adopted to comply with ch. 160, are not effective until approved by the pesticide review board. Such These rules
shall do not affect the application of any other statutes or rule adopted thereunder rules promulgated under those statutes.
27,2522
Section 2522
. 94.702 (3m) of the statutes is created to read:
94.702 (3m) The department shall deposit the fees collected under sub. (3) in the agrichemical management fund.
27,2523
Section 2523
. 94.703 (3) (a) of the statutes is repealed and recreated to read:
94.703 (3) (a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:
1. A license fee of $70.
2. An agricultural chemical cleanup surcharge of $55, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.
27,2524
Section 2524
. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and amended to read:
94.703 (3) (c) 1. The department shall deposit the fees collected under this subsection par. (a) 1. in the agrichemical management fund.
27,2525
Section 2525
. 94.703 (3) (c) 2. of the statutes is created to read:
94.703 (3) (c) 2. The department shall deposit surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.
27,2526
Section 2526
. 94.704 (2) (intro.) of the statutes is amended to read:
94.704 (2) (intro.) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:
27,2527
Section 2527
. 94.704 (3) (a) of the statutes is repealed and recreated to read:
94.704 (3) (a) Except as provided in par. (b), a person applying for an annual license under this section shall pay the following license fee and surcharge:
1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000.
2. An agricultural chemical cleanup surcharge of $20, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.
27,2528
Section 2528
. 94.704 (3) (c) of the statutes is created to read:
94.704 (3) (c) 1. The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.
2. The department shall deposit the surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.
27,2528g
Section 2528g. 94.705 (2) of the statutes is amended to read:
94.705 (2) Certification standards. Notwithstanding s. 250.09, the The department shall, by rule, adopt standards for the training and certification of private and commercial applicators, at least equal to but not to exceed federal standards adopted under the federal act. In the adoption of the standards, separate categories of pesticide use and application may be established for certification purposes depending on the specific types of pesticides used, the purposes for which they are used, types of equipment required in their application, the degree of knowledge and skill required and other factors which may warrant the creation of different categories. The standards shall provide that individuals to be certified must be competent with respect to the use and application of pesticides in the various categories of pesticide use and application for which certification is desired. For commercial applicators, competence in the use and handling of pesticides shall be determined on the basis of written examinations.
27,2528r
Section 2528r. 94.708 (4) of the statutes is amended to read:
94.708 (4) Exception. The department shall promulgate rules establishing standards for the sale, advertisement and use of pesticides for emergency bat control. The pesticide review board department may issue a permit authorizing the use of a pesticide in accordance with the rules promulgated by the department that it promulgates only in the case of an individual bat colony after a determination that there exists an outbreak of rabies that threatens public health or another situation where the existence of a colony of bats threatens the health or welfare of any person. The pesticide review board department may not base its determination on an isolated individual instance of a rabid bat.
27,2529
Section 2529
. 94.72 (6) (a) of the statutes is repealed and recreated to read:
94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a person required to be licensed under sub. (5) shall pay the following annual inspection fees on all commercial feeds distributed in this state:
1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15 cents per ton.
2. For commercial feeds distributed in this state on or after January 1, 2000, 25 cents per ton.
27,2530
Section 2530
. 94.72 (6) (am) of the statutes is created to read:
94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February annually, a person who is required to be licensed under sub. (5) shall file a tonnage report with the department showing the number of net tons of commercial feed that the person sold or distributed in this state during the preceding calendar year. By the last day of February annually, the person shall also pay the fees under par. (a) for commercial feed that the person sold or distributed in this state during the preceding calendar year, based on the tonnage report.
2. At the request of the department, a person filing a tonnage report under subd. 1. shall make the records upon which the tonnage report is based available to the department for inspection, copying and audit.
3. The department may not disclose information obtained from a tonnage report under subd. 1.
27,2530r
Section 2530r. 94.73 (1) (d) of the statutes is repealed.
27,2531
Section 2531
. 94.73 (1) (g) of the statutes is amended to read:
94.73 (1) (g) “Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a) 2., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote 94.681 (1) (c).
27,2532
Section 2532
. 94.73 (2) (c) of the statutes is amended to read:
94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (w) (wm) for the corrective action costs incurred as the result of the department's order.
27,2532m
Section 2532m. 94.73 (3) (a) of the statutes is amended to read:
94.73 (3) (a) The applicant submits an application that complies with sub. (5) within 3 years after incurring the corrective action costs or after the effective date of this paragraph .... [revisor inserts date], whichever is later.
27,2534
Section
2534. 94.73 (3m) (r) of the statutes is amended to read:
94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (e) (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 for the replacement of private wells if the department or the department of natural resources orders the well replacement in response to a discharge.
27,2535
Section 2535
. 94.73 (4) (a) of the statutes is amended to read:
94.73 (4) (a) Except as provided in par. (d), no responsible person may receive reimbursement for corrective action costs exceeding $20,000 $7,500 unless the responsible person submits to the department in writing, and the department approves, a work plan for the corrective action before the corrective action is taken.
27,2536
Section 2536
. 94.73 (5) (e) of the statutes is amended to read:
94.73 (5) (e) No person may make a false statement or misrepresentation on an application submitted under this section. A person who makes a false statement or misrepresentation on an application related to a corrective action is ineligible for reimbursement related to that corrective action and is ineligible for any reimbursement related to any other corrective action taken or ordered within 5 years after the date of the false statement or misrepresentation. If the responsible person has received any reimbursement for which the responsible person is ineligible under this paragraph, the responsible person shall refund the full amount of that reimbursement to the department. The amounts refunded to the department under this paragraph shall be deposited in the agrichemical management agricultural chemical cleanup fund.
27,2537b
Section 2537b. 94.73 (6) (b) of the statutes is repealed and recreated to read:
94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000.
27,2537d
Section 2537d. 94.73 (6) (c) of the statutes is repealed and recreated to read:
94.73 (6) (c) Except as provided in par. (e), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 if any of the following applies:
1. The responsible person is required to be licensed under ss. 94.67 to 94.71.
2. The responsible person employs more than 25 persons.
3. The responsible person has gross annual sales of more than $2,500,000.
27,2538c
Section 2538c. 94.73 (6) (d) of the statutes is repealed and recreated to read:
94.73 (6) (d) For the purposes for pars. (b) and (c), a discharge that occurs in the course of transporting an agricultural chemical is considered to have occurred at the site from which the agricultural chemical was being transported if the site from which the agricultural chemical was being transported is under the ownership or control of the person transporting the agricultural chemical.
27,2539c
Section 2539c. 94.73 (6) (e) of the statutes is repealed and recreated to read:
94.73 (6) (e) The department may not reimburse corrective action costs that exceed $100,000 for any one discharge for which groundwater remediation is not ordered unless the criteria in rules promulgated under par. (f) are satisfied.
27,2539h
Section 2539h. 94.73 (6) (f) of the statutes is created to read:
94.73 (6) (f) The department may promulgate rules under which it may provide reimbursement under pars. (b) and (c) for corrective action costs that exceed $100,000 at a site at which groundwater remediation is not ordered if the applicant obtains the approval of the department before incurring the costs and if the contamination is extensive or complex cleanup strategies are required. The rules shall establish criteria for exceeding the $100,000 limit, such as the size of the area contaminated or the type of agricultural chemical that is involved.
27,2540
Section 2540
. 94.73 (7) of the statutes is repealed and recreated to read:
94.73 (7) Payment. (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those appropriation accounts. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
(b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.
27,2541
Section 2541
. 94.73 (8) of the statutes is amended to read:
94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management
agricultural chemical cleanup fund.
27,2541m
Section 2541m. 94.73 (10) of the statutes is repealed.
27,2542
Section 2542
. 94.73 (13) of the statutes is amended to read:
94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
27,2543
Section 2543
. 94.73 (15) of the statutes is created to read:
94.73 (15) Surcharge adjustments.
(a) The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.
(b) If the department proposes to promulgate a rule under par. (a) using the procedures under s. 227.24, the department shall notify the cochairpersons of the joint committee on finance before beginning those procedures. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may begin the procedures under s. 227.24. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may not begin the procedures under s. 227.24 until the committee approves the proposed rule.
27,2543j
Section 2543j. 95.175 of the statutes is repealed.
27,2543sm
Section 2543sm. 95.60 of the statutes is created to read:
95.60 Importing fish; fish farms.
(1) In this section:
(a) “Fish farm" means a facility at which a person hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, use as bait or fertilizer or any other purpose specified by the department by rule or for sale to another person to rear for one of those purposes.
(b) “Waters of the state" has the meaning given in s. 281.01 (18).
(2) (a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without an annual permit issued by the department.
(b) No person may bring any fish or fish eggs of the family salmonidae into this state for the purpose of introduction into the waters of the state unless the fish are certified, as provided in the rules promulgated under sub. (4s) (d), to be free of the diseases specified under sub. (4s) (d).
(c) The department may require a person who is subject to par. (a) or (b) to notify the department before bringing fish or fish eggs into this state.
(d) The department of natural resources is exempt from par. (a).
(3) A person who operates a fish farm shall obtain an annual health certificate from a veterinarian licensed under ch. 453 or from a person who is qualified to issue fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared on the fish farm.
(3m) A person who operates a fish farm shall annually register the fish farm with the department. The person registering the fish farm shall provide evidence of the health certificate required under sub. (3) and shall identify the activities that will be engaged in, the species of fish that will be used and the facilities that will be used on the fish farm.
(4) (a) The department shall inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm at any other time.
(b) The department may inspect fish and fish eggs subject to subs. (2) and (3) and the rules under sub. (4s) (b) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.
