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281.65
(7m) The state share of a grant for local administration under this
22section may not exceed 70% of the cost of the activities for which the grant is provided
23if the department first provides a grant to fund those activities after June 30, 1998.
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1281.65
(8) (cm) Grants may be provided
from the appropriations under s.
220.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the
3projects are in conformance with areawide water quality management plans and the
4purposes specified under sub. (1).
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(8) (e) Except as provided in sub. (8c), grants may only be used for
7implementing best management practices.
Grants for implementing best
8management practices may only be used for implementing cost-effective best
9management practices specified under sub. (4) (e) unless an applicant demonstrates
10that the use of a cost-effective best management practice will not contribute to water
11quality improvement or will cause a water body to continue to be impaired as
12identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
13(A).
SB77-SSA1, s. 3591
14Section
3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:
SB77-SSA1,1512,2015
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
16implementing the best management practice that is determined by the
17governmental unit submitting the application under sub. (4c) (a) and is approved by
18the board, except as provided under pars. (gm) and (jm) and except that a
19cost-sharing grant may not exceed 70% of the cost of implementing the best
20management practice.
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281.65
(8) (gm) The
department governmental unit submitting the application
24under sub. (4c) (a) shall exceed the limit under par.
(g) and any limit imposed by rule
1on the total amount of a grant (f) in cases of economic hardship, as defined by the
2department by rule.
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281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
9have been available in a priority watershed or priority lake area for 36 months only
10a reduced grant, which may not exceed a percentage established by the department
11by rule of the cost of implementing the best management practice, may be provided
12to the owner or operator of a site designated as a critical site in a priority watershed
13plan under sub. (5m) or in a modification to such a plan under sub. (5s).
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281.65
(8) (m) The department may recognize the value of a conservation
16easement created under s. 700.40 (2) and donated to the department, or to any person
17approved by the department, as constituting all or a portion of the landowner's or
18operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
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281.65
(11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay
21River is a priority watershed for the period ending on June 30, 2001.
22Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and
23(e), the department, in consultation with the local units of government involved with
24the priority watershed project, shall establish guidelines for the types of nonpoint
25source water pollution abatement practices to be eligible for cost-sharing grants in
1the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in
2the watershed may be based on the amount of pollution reduction achieved rather
3than on the cost of the practices installed, using guidelines developed by the
4department, in consultation with the local units of government involved with the
5priority watershed project. The department and the local governmental staff
6involved with the priority watershed project shall evaluate the cost effectiveness of
7the project and the reduction in nonpoint source water pollution associated with the
8project.
SB77-SSA1,1514,10
10281.69 (title)
Lake management and classification grants.
SB77-SSA1, s. 3599c
11Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and
12amended to read:
SB77-SSA1,1514,1513
281.69
(1) (title)
Types of projects. (intro.) The department shall develop and
14administer a financial assistance program to provide grants for
lake the following 3
15types of projects:
SB77-SSA1,1514,17
16(a) Lake management projects that will improve or protect the quality of water
17in lakes or the natural ecosystems of lakes.
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281.69
(1) (b) Lake classification projects that will classify lakes by use and
20implement protection activities for the lakes based on their classification.
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(1) (c) Lake classification technical assistance projects conducted by
23nonprofit corporations that will provide educational and technical assistance.
SB77-SSA1,1514,2525
281.69
(2) (title)
Amounts of grants.
SB77-SSA1, s. 3599f
1Section 3599f. 281.69 (2) of the statutes is renumbered 281.69 (2) (a) and
2amended to read:
SB77-SSA1,1515,53
281.69
(2) (a)
The department may provide a grant under this section A grant
4for a lake management project may be made for up to 75% of the cost of
a lake
5management the project but may not provide more than $200,000 per grant.
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281.69
(2) (b) A grant for a lake classification project may be made for up to 75%
8of the cost of the project but may not exceed $50,000 per grant.
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281.69
(2) (c) A grant for a lake classification technical assistance project may
11not exceed $200,000.
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281.69
(3) (title)
Rules for lake management project grants. (intro.) The
14department shall promulgate rules to administer and to determine eligibility for
the
15program under this section grants for lake management projects. The rules shall
16include all of the following:
SB77-SSA1,1515,1919
281.69
(4) (title)
Lake management project grants; purchases.
SB77-SSA1, s. 3599p
20Section 3599p. 281.69 (4) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1515,2321
281.69
(4) (b) (intro.) The recipient of the grant
used for a purchase under sub.
22(3) (b) 1. may subsequently sell or transfer the acquired property to a 3rd party other
23than a creditor of the recipient if all of the following apply:
SB77-SSA1,1516,3
1281.69
(4) (c) The recipient of the grant
used for a purchase under sub. (3) (b)
21. may subsequently sell or transfer the acquired property to satisfy a debt or other
3obligation if the department approves the sale or transfer.
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281.69
(5) Lake classification project grants. (a) The department shall
6promulgate rules to administer and to determine eligibility for grants for lake
7classification projects.
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(b) The rules under par. (a) shall include guidelines to be used for lake
9classification. The guidelines shall require that certain factors be used in classifying
10each lake by use. The factors shall include all of the following:
SB77-SSA1,1516,1111
1. The size, depth and shape of the lake.
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2. The size of the lake's watershed.
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3. The quality of the water in the lake.
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4. The potential of the lake to be overused for recreational purposes.
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5. The potential for the development of land surrounding the lake.
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6. The potential of the lake to suffer from nonpoint source water pollution.
SB77-SSA1,1516,1717
7. The type and size of the fish and wildlife population in and around the lake.
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(c) The rules under par. (a) shall designate which classification and protection
19activities are eligible for lake classification grants.
SB77-SSA1,1516,2020
(d) The department may award lake classification grants only to counties.
SB77-SSA1,1516,2422
281.69
(6) Lake classification technical assistance grants. (a) The
23department shall promulgate rules to administer and determine eligibility for lake
24classification technical assistance grants to be awarded to nonprofit corporations.
SB77-SSA1,1517,4
1(b) A nonprofit corporation receiving a lake classification technical assistance
2grant shall use the grant to provide educational and technical assistance to local
3units of government and lake management organizations that will participate in a
4lake classification project.
SB77-SSA1,1517,66
281.69
(7) (title)
Prohibited activities.
SB77-SSA1,1517,8
8281.70 Assistance to watershed groups.
(1) Definitions. In this section:
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(a) "Local watershed group" means a group that is formed for the purpose of
10protecting or improving the water quality of a specific watershed.
SB77-SSA1,1517,1511
(b) "Nonprofit organization" means a nonprofit corporation, a charitable trust
12or other nonprofit association whose purposes include protecting or improving water
13quality in watersheds and that is described in section
501 (c) (3) of the Internal
14Revenue Code and is exempt from federal income tax under section
501 (a) of the
15Internal Revenue Code.
SB77-SSA1,1517,18
16(2) Education and information. From the appropriation under s. 20.370 (6)
17(au), the department shall provide funding to a nonprofit organization to do all of the
18following:
SB77-SSA1,1517,2019
(a) Establish a center to encourage and facilitate the formation and
20development of local watershed groups.
SB77-SSA1,1517,2221
(b) Serve as an educational and informational clearinghouse regarding
22information on protecting and improving water quality in watersheds.
SB77-SSA1,1517,2323
(c) Provide technical assistance to local watershed groups.
SB77-SSA1,1517,2424
(d) Administer the grant program under sub. (3).
SB77-SSA1,1518,3
1(3) Grant program. (a) The nonprofit organization receiving funding under
2sub. (2) shall award grants from this funding to local watershed groups to assist them
3in their formation and development.
SB77-SSA1,1518,44
(b) A grant awarded under this subsection may not exceed $5,000.
SB77-SSA1,1518,95
(c) For purposes of determining which local watershed groups will receive the
6grants under this program, the nonprofit organization shall establish a committee
7to award the grants. The committee shall have members that represent any
8local-level and state-level groups, including state agencies, that have an interest in
9protecting or improving watersheds.
SB77-SSA1,1518,12
10(4) Rules. The department shall promulgate rules to administer and
11implement this section, including eligibility requirements for the grants under sub.
12(3) and membership requirements for the committee established under sub. (3) (c).
SB77-SSA1,1518,13
13(5) Applicability. This section does not apply after June 30, 2001.
SB77-SSA1,1518,1815
281.75
(16) (d) The state is subrogated to the rights of a claimant who obtains
16an award under this section in an amount equal to the award. All moneys recovered
17under this paragraph shall be credited to the environmental fund for environmental
18repair management.
SB77-SSA1,1518,22
20281.85 Great Lakes protection fund share. (intro.) The department may
21use moneys from the appropriation under s. 20.370
(2)
(4) (ah) for any of the following
22purposes:
SB77-SSA1,1519,4
24281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d)
and, 281.75 (19)
25and 281.99 (2), any person who violates this chapter or any rule promulgated or any
1plan approval, license or special order issued under this chapter shall forfeit not less
2than $10 nor more than $5,000 for each violation. Each day of continued violation
3is a separate offense. While an order is suspended, stayed or enjoined, this penalty
4does not accrue.
SB77-SSA1,1519,13
5(2) In addition to the penalties provided under sub. (1)
or s. 281.99 (2), the court
6may award the department of justice the reasonable and necessary expenses of the
7investigation and prosecution of
the a violation
of this chapter, including attorney
8fees. The department of justice shall deposit in the state treasury for deposit into the
9general fund all moneys that the court awards to the department or the state under
10this subsection. Ten percent of the money deposited in the general fund that was
11awarded under this subsection for the costs of investigation and the expenses of
12prosecution, including attorney fees, shall be credited to the appropriation account
13under s. 20.455 (1) (gh).
SB77-SSA1,1519,18
15281.99 Administrative forfeitures for safe drinking water violations.
16(1) (a) The department may directly assess forfeitures in the amounts provided
17under sub. (2) for violations of safe drinking water program rules promulgated under
18s. 281.17 (8) or (9).
SB77-SSA1,1520,319
(b) 1. Subject to subd. 2., if the department proposes to assess a forfeiture for
20a particular violation, it shall first provide written notice of the alleged violation to
21the water system owner or operator. The notice shall state the amount of the
22proposed forfeiture, an explanation of how the amount of the proposed forfeiture was
23determined under sub. (2) (b) and a proposed order under par. (c). After providing
24the notice, the department shall attempt to negotiate with the water system owner
25or operator to remedy the alleged violation. If the water system owner or operator
1corrects the alleged violation, or if the department and the water system owner or
2operator reach a compliance agreement, before an order is issued under par. (c), the
3department may not assess a forfeiture for the alleged violation.
SB77-SSA1,1520,74
2. The department may directly assess a forfeiture by issuing an order under
5par. (c) without first providing notice if the alleged violation either creates an acute
6risk to public health or safety or is part of a documented pattern of noncompliance
7with one or more rules promulgated under s. 281.17 (8) or (9).