Amendment ASA1-AB100

AB100-ASA1,1513,13 281.65 (8) (jm) Notwithstanding pars. par. (f) to (h), after cost-sharing grants have been available in a priority watershed or priority lake area for 36 months only a reduced grant, which may not exceed a percentage established by the department by rule of the cost of implementing the best management practice, may be provided to the owner or operator of a site designated as a critical site in a priority watershed plan under sub. (5m) or in a modification to such a plan under sub. (5s).

AB100-ASA1, s. 2597 Section 2597. 281.65 (8) (m) of the statutes is amended to read:

AB100-ASA1,1513,18 281.65 (8) (m) The department may recognize the value of a conservation easement created under s. 700.40 (2) and donated to the department, or to any person approved by the department, as constituting all or a portion of the landowner's or operator's share of a cost-sharing grant as determined under pars. par. (f) to (h).

AB100-ASA1, s. 3599am Section 3599am. 281.65 (11) of the statutes is created to read:

AB100-ASA1,1514,8 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2001. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.

AB100-ASA1, s. 3599b Section 3599b. 281.69 (title) of the statutes is amended to read:

AB100-ASA1,1514,10 281.69 (title) Lake management and classification grants.

AB100-ASA1, s. 3599c Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and amended to read:

AB100-ASA1,1514,15 281.69 (1) (title) Types of projects. (intro.) The department shall develop and administer a financial assistance program to provide grants for lake the following 3 types of projects:

AB100-ASA1,1514,17 (a) Lake management projects that will improve or protect the quality of water in lakes or the natural ecosystems of lakes.

AB100-ASA1, s. 3599d Section 3599d. 281.69 (1) (b) of the statutes is created to read:

AB100-ASA1,1514,20 281.69 (1) (b) Lake classification projects that will classify lakes by use and implement protection activities for the lakes based on their classification.

AB100-ASA1, s. 3599dm Section 3599dm. 281.69 (1) (c) of the statutes is created to read:

AB100-ASA1,1514,23 281.69 (1) (c) Lake classification technical assistance projects conducted by nonprofit corporations that will provide educational and technical assistance.

AB100-ASA1, s. 3599e Section 3599e. 281.69 (2) (title) of the statutes is created to read:

AB100-ASA1,1514,25 281.69 (2) (title) Amounts of grants.

AB100-ASA1, s. 3599f Section 3599f. 281.69 (2) of the statutes is renumbered 281.69 (2) (a) and amended to read:

AB100-ASA1,1515,5 281.69 (2) (a) The department may provide a grant under this section A grant for a lake management project may be made for up to 75% of the cost of a lake management the project but may not provide more than $200,000 per grant.

AB100-ASA1, s. 3599g Section 3599g. 281.69 (2) (b) of the statutes is created to read:

AB100-ASA1,1515,8 281.69 (2) (b) A grant for a lake classification project may be made for up to 75% of the cost of the project but may not exceed $50,000 per grant.

AB100-ASA1, s. 3599h Section 3599h. 281.69 (2) (c) of the statutes is created to read:

AB100-ASA1,1515,11 281.69 (2) (c) A grant for a lake classification technical assistance project may not exceed $200,000.

AB100-ASA1, s. 3599k Section 3599k. 281.69 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1515,16 281.69 (3) (title) Rules for lake management project grants. (intro.)  The department shall promulgate rules to administer and to determine eligibility for the program under this section grants for lake management projects. The rules shall include all of the following:

AB100-ASA1, s. 3599m Section 3599m. 281.69 (3) (c) of the statutes is renumbered 281.69 (7).

AB100-ASA1, s. 3599n Section 3599n. 281.69 (4) (title) of the statutes is created to read:

AB100-ASA1,1515,19 281.69 (4) (title) Lake management project grants; purchases.

AB100-ASA1, s. 3599p Section 3599p. 281.69 (4) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1515,23 281.69 (4) (b) (intro.) The recipient of the grant used for a purchase under sub. (3) (b) 1. may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply:

AB100-ASA1, s. 3599q Section 3599q. 281.69 (4) (c) of the statutes is amended to read:

AB100-ASA1,1516,3 281.69 (4) (c) The recipient of the grant used for a purchase under sub. (3) (b) 1. may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.

AB100-ASA1, s. 3599r Section 3599r. 281.69 (5) of the statutes is created to read:

AB100-ASA1,1516,7 281.69 (5) Lake classification project grants. (a) The department shall promulgate rules to administer and to determine eligibility for grants for lake classification projects.

AB100-ASA1,1516,10 (b) The rules under par. (a) shall include guidelines to be used for lake classification. The guidelines shall require that certain factors be used in classifying each lake by use. The factors shall include all of the following:

AB100-ASA1,1516,11 1. The size, depth and shape of the lake.

AB100-ASA1,1516,12 2. The size of the lake's watershed.

AB100-ASA1,1516,13 3. The quality of the water in the lake.

AB100-ASA1,1516,14 4. The potential of the lake to be overused for recreational purposes.

AB100-ASA1,1516,15 5. The potential for the development of land surrounding the lake.

AB100-ASA1,1516,16 6. The potential of the lake to suffer from nonpoint source water pollution.

AB100-ASA1,1516,17 7. The type and size of the fish and wildlife population in and around the lake.

AB100-ASA1,1516,19 (c) The rules under par. (a) shall designate which classification and protection activities are eligible for lake classification grants.

AB100-ASA1,1516,20 (d) The department may award lake classification grants only to counties.

AB100-ASA1, s. 3599s Section 3599s. 281.69 (6) of the statutes is created to read:

AB100-ASA1,1516,24 281.69 (6) Lake classification technical assistance grants. (a) The department shall promulgate rules to administer and determine eligibility for lake classification technical assistance grants to be awarded to nonprofit corporations.

AB100-ASA1,1517,4 (b) A nonprofit corporation receiving a lake classification technical assistance grant shall use the grant to provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.

AB100-ASA1, s. 3599t Section 3599t. 281.69 (7) (title) of the statutes is created to read:

AB100-ASA1,1517,6 281.69 (7) (title) Prohibited activities.

AB100-ASA1, s. 3599v Section 3599v. 281.70 of the statutes is created to read:

AB100-ASA1,1517,8 281.70 Assistance to watershed groups. (1) Definitions. In this section:

AB100-ASA1,1517,10 (a) "Local watershed group" means a group that is formed for the purpose of protecting or improving the water quality of a specific watershed.

AB100-ASA1,1517,15 (b) "Nonprofit organization" means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include protecting or improving water quality in watersheds and that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB100-ASA1,1517,18 (2) Education and information. From the appropriation under s. 20.370 (6) (au), the department shall provide funding to a nonprofit organization to do all of the following:

AB100-ASA1,1517,20 (a) Establish a center to encourage and facilitate the formation and development of local watershed groups.

AB100-ASA1,1517,22 (b) Serve as an educational and informational clearinghouse regarding information on protecting and improving water quality in watersheds.

AB100-ASA1,1517,23 (c) Provide technical assistance to local watershed groups.

AB100-ASA1,1517,24 (d) Administer the grant program under sub. (3).

AB100-ASA1,1518,3 (3) Grant program. (a) The nonprofit organization receiving funding under sub. (2) shall award grants from this funding to local watershed groups to assist them in their formation and development.

AB100-ASA1,1518,4 (b) A grant awarded under this subsection may not exceed $5,000.

AB100-ASA1,1518,9 (c) For purposes of determining which local watershed groups will receive the grants under this program, the nonprofit organization shall establish a committee to award the grants. The committee shall have members that represent any local-level and state-level groups, including state agencies, that have an interest in protecting or improving watersheds.

AB100-ASA1,1518,12 (4) Rules. The department shall promulgate rules to administer and implement this section, including eligibility requirements for the grants under sub. (3) and membership requirements for the committee established under sub. (3) (c).

AB100-ASA1,1518,13 (5) Applicability. This section does not apply after June 30, 2001.

AB100-ASA1, s. 2598 Section 2598. 281.75 (16) (d) of the statutes is amended to read:

AB100-ASA1,1518,18 281.75 (16) (d) The state is subrogated to the rights of a claimant who obtains an award under this section in an amount equal to the award. All moneys recovered under this paragraph shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2599 Section 2599. 281.85 (intro.) of the statutes is amended to read:

AB100-ASA1,1518,22 281.85 Great Lakes protection fund share. (intro.) The department may use moneys from the appropriation under s. 20.370 (2) (4) (ah) for any of the following purposes:

AB100-ASA1, s. 2600 Section 2600. 281.98 of the statutes is amended to read:

AB100-ASA1,1519,4 281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d) and, 281.75 (19) and 281.99 (2), 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.

AB100-ASA1,1519,13 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the a violation of this chapter, 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).

AB100-ASA1, s. 2601 Section 2601. 281.99 of the statutes is created to read:

AB100-ASA1,1519,18 281.99 Administrative forfeitures for safe drinking water violations. (1) (a) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of safe drinking water program rules promulgated under s. 281.17 (8) or (9).

AB100-ASA1,1520,3 (b) 1. Subject to subd. 2., if the department proposes to assess a forfeiture for a particular violation, it shall first provide written notice of the alleged violation to the water system owner or operator. The notice shall state the amount of the proposed forfeiture, an explanation of how the amount of the proposed forfeiture was determined under sub. (2) (b) and a proposed order under par. (c). After providing the notice, the department shall attempt to negotiate with the water system owner or operator to remedy the alleged violation. If the water system owner or operator corrects the alleged violation, or if the department and the water system owner or operator reach a compliance agreement, before an order is issued under par. (c), the department may not assess a forfeiture for the alleged violation.

AB100-ASA1,1520,7 2. The department may directly assess a forfeiture by issuing an order under par. (c) without first providing notice if the alleged violation either creates an acute risk to public health or safety or is part of a documented pattern of noncompliance with one or more rules promulgated under s. 281.17 (8) or (9).

AB100-ASA1,1520,14 (c) If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) to the water system owner or operator alleged to have committed the violation. Except as provided in par. (b) 2., the department may not issue the order until at least 60 days after the day on which it provided notice under par. (b) 1. The order shall specify the amount of the forfeiture assessed, the violation and the rule alleged to have been violated and shall inform the licensee of the right to contest the order under sub. (3).

AB100-ASA1,1520,16 (2) (a) The amount of forfeitures that the department may assess under this section are as follows:

AB100-ASA1,1520,19 1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not more than $1,000 for each day of violation, but not more than $25,000 in one order.

AB100-ASA1,1520,22 2. For water systems that serve a population of 10,000 persons or less, not less than $10 and not more than $500 for each day of violation, but not more than $25,000 in one order.

AB100-ASA1,1520,24 (b) The department, in determining the amount of forfeiture that it assesses under this section, shall consider the following factors, as appropriate:

AB100-ASA1,1521,2 1. The gravity of the violation, including the probability of harm to persons served by the water system.

AB100-ASA1,1521,5 2. Good faith exercised by the water system owner or operator, including past or ongoing efforts to correct problems or achieve compliance with the safe drinking water program.

AB100-ASA1,1521,7 3. Any previous violations committed by the water system owner or operator at the same water system.

AB100-ASA1,1521,9 4. The financial benefit to the water system owner or operator of continuing the violation.

AB100-ASA1,1521,10 5. Any other relevant factors.

AB100-ASA1,1521,12 (c) While an order issued under this section is contested, suspended, stayed or enjoined, any forfeiture under this section does not accrue.

AB100-ASA1,1521,16 (3) A water system owner or operator may contest the issuance of an order and the assessment of a forfeiture under this section using the procedure under ch. 227 or s. 281.19 (8). A water system owner or operator that timely requests a hearing under ch. 227 is entitled to a contested case hearing.

AB100-ASA1,1521,23 (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB100-ASA1,1522,2 (5) The attorney general may bring an action as provided in s. 281.19 (2) (a) in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews.

AB100-ASA1,1522,3 (6) Section 893.80 does not apply to actions commenced under this section.

AB100-ASA1, s. 2602 Section 2602. 283.31 (7) of the statutes is amended to read: