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.
SB77-SSA1,1516,75
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.
SB77-SSA1,1516,108
(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.
SB77-SSA1,1516,1212
2. The size of the lake's watershed.
SB77-SSA1,1516,1313
3. The quality of the water in the lake.
SB77-SSA1,1516,1414
4. The potential of the lake to be overused for recreational purposes.
SB77-SSA1,1516,1515
5. The potential for the development of land surrounding the lake.
SB77-SSA1,1516,1616
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.
SB77-SSA1,1516,1918
(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:
SB77-SSA1,1517,109
(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).
SB77-SSA1,1520,148
(c) If the department determines that a forfeiture should be assessed for a
9particular violation, it shall issue an order under s. 281.19 (2) (a) to the water system
10owner or operator alleged to have committed the violation. Except as provided in par.
11(b) 2., the department may not issue the order until at least 60 days after the day on
12which it provided notice under par. (b) 1. The order shall specify the amount of the
13forfeiture assessed, the violation and the rule alleged to have been violated and shall
14inform the licensee of the right to contest the order under sub. (3).
SB77-SSA1,1520,16
15(2) (a) The amount of forfeitures that the department may assess under this
16section are as follows:
SB77-SSA1,1520,1917
1. For water systems that serve a population of more than 10,000 persons, not
18less than $10 and not more than $1,000 for each day of violation, but not more than
19$25,000 in one order.
SB77-SSA1,1520,2220
2. For water systems that serve a population of 10,000 persons or less, not less
21than $10 and not more than $500 for each day of violation, but not more than $25,000
22in one order.
SB77-SSA1,1520,2423
(b) The department, in determining the amount of forfeiture that it assesses
24under this section, shall consider the following factors, as appropriate:
SB77-SSA1,1521,2
11. The gravity of the violation, including the probability of harm to persons
2served by the water system.
SB77-SSA1,1521,53
2. Good faith exercised by the water system owner or operator, including past
4or ongoing efforts to correct problems or achieve compliance with the safe drinking
5water program.
SB77-SSA1,1521,76
3. Any previous violations committed by the water system owner or operator
7at the same water system.
SB77-SSA1,1521,98
4. The financial benefit to the water system owner or operator of continuing the
9violation.
SB77-SSA1,1521,1010
5. Any other relevant factors.
SB77-SSA1,1521,1211
(c) While an order issued under this section is contested, suspended, stayed or
12enjoined, any forfeiture under this section does not accrue.
SB77-SSA1,1521,16
13(3) A water system owner or operator may contest the issuance of an order and
14the assessment of a forfeiture under this section using the procedure under ch. 227
15or s. 281.19 (8). A water system owner or operator that timely requests a hearing
16under ch. 227 is entitled to a contested case hearing.
SB77-SSA1,1521,23
17(4) All forfeitures shall be paid to the department within 60 days after receipt
18of the order or according to a schedule agreed to by the department and the water
19system owner or operator or, if the forfeiture is contested under sub. (3), within 10
20days after receipt of the final decision after exhaustion of administrative review,
21unless the final decision is appealed and the order is stayed by court order. The
22department shall remit all forfeitures paid to the state treasurer for deposit in the
23school fund.
SB77-SSA1,1522,2
24(5) The attorney general may bring an action as provided in s. 281.19 (2) (a) in
25the name of the state to collect any forfeiture imposed under this section if the
1forfeiture has not been paid following the exhaustion of all administrative and
2judicial reviews.
SB77-SSA1,1522,3
3(6) Section 893.80 does not apply to actions commenced under this section.
SB77-SSA1,1522,115
283.31
(7) The holder of a permit under this section shall pay $100 to the
6department as a groundwater fee on January 1 if the permittee discharges effluent
7on land or if the permittee produces sludge from a treatment work which is disposed
8of on land. If the permittee discharges effluent on land and disposes of sludge from
9a treatment work on land, the permittee shall pay $200 to the department as a
10groundwater fee on January 1. The moneys collected under this subsection shall be
11credited to the environmental fund for
groundwater
environmental management.
SB77-SSA1,1522,1413
283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
14appropriation under s. 20.370
(2) (4) (bj).
SB77-SSA1,1522,22
16283.84 Trading of water pollution credits. (1) The department shall
17administer at least one pilot project to evaluate the trading of water pollution credits.
18The department may only administer a pilot project if the pilot project is consistent
19with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to sub.
20(1m), a pilot project may authorize a person required to obtain a permit to increase
21the discharge of pollutants above levels that would otherwise be authorized in the
22permit if the person does one of the following:
SB77-SSA1,1523,223
(a) Reaches an agreement with another person who is required to obtain a
24permit under which the other person agrees to reduce the discharge of pollutants in
1the project area below the levels that would otherwise be authorized in the other
2person's permit.
SB77-SSA1,1523,63
(b) Reaches an agreement with another person who is not required to obtain
4a permit under which the other person agrees to reduce the amount of water
5pollution that it causes in the project area below the levels of water pollution that it
6causes in the project area when the agreement is reached.
SB77-SSA1,1523,107
(c) Reaches an agreement with the department or a local governmental unit,
8as defined in s. 16.97 (7), under which the person pays money to the department or
9local governmental unit and the department or local governmental unit uses the
10money to reduce water pollution in the project area.
SB77-SSA1,1523,13
11(1m) A pilot project may authorize a person to increase a discharge of
12pollutants above levels that would otherwise be authorized in the permit only if all
13of the following apply:
SB77-SSA1,1523,1514
(a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in
15water quality.
SB77-SSA1,1523,1816
(b) The authorized increase in pollutants and the reduction in pollution
17provided for in the agreement under sub. (1) (a), (b) or (c) involve the same pollutant
18or the same water quality standard.
SB77-SSA1,1523,2019
(c) The term of the agreement under sub. (1) (a), (b) or (c) is not more than 5
20years.
SB77-SSA1,1523,22
21(2) The department may select an area as a project area under this section only
22if all of the following apply:
SB77-SSA1,1523,2523
(a) The area is the watershed or a portion of the watershed of an impaired water
24body that the department has identified to the federal environmental protection
25agency under
33 USC 1313 (d) (1) (A).
SB77-SSA1,1524,2
1(b) The area includes both agricultural and municipal sources of water
2pollution and both point sources and nonpoint sources.
SB77-SSA1,1524,43
(c) Potential participants located in the area exhibit an interest in participating
4in a pilot project.
SB77-SSA1,1524,7
5(3) (a) The department shall appoint a local committee for each pilot project to
6advise the department concerning the pilot project. The local committee shall
7include representatives of persons in the project area who hold permits.
SB77-SSA1,1524,98
(b) A committee appointed under s. 281.65 (4) (dr) satisfies the requirement
9under par. (a) if it includes the members required under par. (a).
SB77-SSA1,1524,12
10(3m) A person engaged in mining, as defined in s. 293.01 (9), prospecting, as
11defined in s. 293.01 (18), or nonmetallic mining, as defined in s.295.11 (3), may not
12enter into an agreement under sub. (1) (a), (b) or (c).
SB77-SSA1,1524,14
13(4) The department shall amend the permits of persons entering into
14agreements under sub. (1) to enable the agreements to be implemented.
SB77-SSA1,1524,16
15(4m) The department may not begin to administer a pilot project under this
16section after June 30, 1999.
SB77-SSA1,1524,21
17(5) Beginning no later than September 1, 1998, and annually thereafter, the
18department shall report to the governor, the secretary of administration and the land
19and water conservation board on the progress and status of each pilot project in
20achieving water quality goals and coordinating state and local efforts to improve
21water quality.
SB77-SSA1,1524,2423
285.30
(5) (i) A farm truck as defined in s. 340.01 (18) (a).
This paragraph does
24not apply after June 30, 1996.
SB77-SSA1, s. 3609
1Section
3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and
2amended to read:
SB77-SSA1,1525,43
285.59
(1) (title)
Definition Definitions. (intro.) In this section
,
4"ozone-depleting:
SB77-SSA1,1525,5
5(a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
SB77-SSA1,1525,137
285.59
(1) (b) "State agency" means any office, department, agency, institution
8of higher education, association, society or other body in state government created
9or authorized to be created by the constitution or any law which is entitled to expend
10moneys appropriated by law, including the legislature and the courts, the Wisconsin
11Housing and Economic Development Authority, the Bradley Center Sports and
12Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
13Authority and the Wisconsin Health and Educational Facilities Authority.