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.
SB77-SSA1, s. 3611
14Section
3611. 285.59 (2) (intro.) of the statutes is amended to read:
SB77-SSA1,1525,2015
285.59
(2) Salvaging refrigeration equipment. (intro.) After June 30, 1992,
16except as provided in sub. (3), no person, including a state agency,
as defined in s.
17234.75 (10), may perform salvaging or dismantling of mechanical vapor compression
18refrigeration equipment in the course of which ozone-depleting refrigerant is or may
19be released or removed unless the person certifies all of the following to the
20department:
SB77-SSA1,1525,2422
285.63
(10) (c) 4. The quantity of waste having the potential to be burned in
23the medical waste incinerator that may be managed in an effective recycling
24program
created registered under s.
287.11 287.115.
SB77-SSA1, s. 3612
25Section
3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:
SB77-SSA1,1526,3
1285.69
(2) (c) (intro.) The fees collected under par. (a) shall be credited to the
2appropriations under s. 20.370 (2) (bg)
and, (3) (bg), (8) (mg)
and (9) (mh) for the
3following:
SB77-SSA1,1526,115
285.69
(3) Asbestos inspection fees. The department may promulgate rules
6for the payment and collection of fees for inspecting nonresidential asbestos
7demolition and renovation projects regulated by the department. The fees under this
8subsection may not exceed $200 per project. The fees collected under this subsection
9shall be credited to the appropriation under s. 20.370 (2)
(ei) (bi) for the direct and
10indirect costs of conducting inspections of nonresidential asbestos demolition and
11inspection projects regulated by the department.
SB77-SSA1,1526,1913
287.07
(7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to
14solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a
15region that has an effective recycling program
, as determined registered under s.
16287.11 287.115, and, if the region is not in this state, the region is located in a state
17that has an effective siting program, as determined under s. 287.12. This paragraph
18does not apply to solid waste that is separated for recycling as part of an effective
19recycling program
registered under s.
287.11 287.115.
SB77-SSA1,1527,521
287.09
(3) (b) Adopt an ordinance to enforce the program established under
22sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for
23violations of that ordinance. The ordinance may authorize the responsible unit or
24person designated under par. (a) to refuse to accept solid waste at the recycling
25facility or site if the solid waste is a container for
an industrial pesticide, as defined
1in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s.
94.68 (3) (a) 2. 94.681
2(1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible.
3The ordinance may require a person to use a facility for the recycling of solid waste
4or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only
5as provided under s. 287.13.
SB77-SSA1,1527,7
7287.11 (4) Sunset. This section does not apply after December 31, 1999.
SB77-SSA1,1527,13
9287.115 Registration of recycling programs. Any responsible unit that
10administers a recycling program that the responsible unit determines manages the
11solid waste generated within its region in compliance with s. 287.07 (1m) to (4) and
12the priorities under s. 287.05 (12) may register the recycling program with the
13department as an effective recycling program.
SB77-SSA1,1527,1915
287.23
(3) (b) Only expenses, including capital expenses, anticipated to be
16incurred for planning, constructing or operating a recycling program with one or
17more of the components specified in s. 287.11 (2) (a) to (h)
and for complying with the
18prohibition under s. 287.07 (2) during the year for which an application is submitted
19under sub. (4) are eligible for assistance under the program.
SB77-SSA1,1527,2522
287.23
(5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other
23responsible units, the amount of the grant for 1993 through
1997 1999 equals either
2466% of the difference between eligible expenses and avoided disposal costs or $8
25times the population of the responsible unit, whichever is less.
SB77-SSA1,1528,54
287.23
(5) (c) 5. If the amount calculated under subd.
1., 2.
, 3. or 4. is less than
533% of eligible expenses, the grant equals 33% of eligible expenses.
SB77-SSA1,1528,127
287.23
(5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.,
83. or 4., to pay $8 times the population of all of the responsible units that are entitled
9to that amount, the department shall distribute the funds so that each responsible
10unit that would be entitled to $6 times its population if the per person amount in sub.
11(5) (c) 2.
, 3. or 4. were $6 receives $6 times its population and shall prorate the
12remaining funds.
SB77-SSA1,1529,2
15287.235 Recycling grant program. The department shall develop,
16implement and administer a program to provide financial assistance to any
17responsible unit that, on or before October 1, 1999, has registered a recycling
18program as an effective recycling program under s. 287.115. The department shall
19pay to each responsible unit that is eligible for assistance under this section an
20amount that represents the same percentage of the total funds available for
21assistance under this section as the amount awarded to that responsible unit for
221999 under s. 287.23, 1995 stats. Assistance under this section may be awarded only
23for the year 2000. Assistance received under this section shall be expended only for
24expenses, including capital expenses, for planning, constructing or operating an
1effective recycling program registered under s. 287.115, except for expenses incurred
2in complying with the prohibition under s. 287.07 (2).
SB77-SSA1,1529,74
287.41
(1) (a) Identification of priority recovered materials that will be the
5focus of market development efforts by the board.
The board shall focus its efforts
6on the reuse of materials recovered from solid waste as well as on the recycling of
7those materials.
SB77-SSA1,1529,139
287.41
(3) The board shall submit quarterly progress reports to the appropriate
10standing committees of the legislature, as determined by the presiding officer of each
11house, under s. 13.172 (3), describing the board's progress in implementing the
12strategic plan and how the board's technical assistance,
awarding of financial
13assistance and other activities conform to the strategic plan.
SB77-SSA1, s. 3621g
14Section 3621g. 287.42 (1) (intro.) and (a) of the statutes are consolidated,
15renumbered 287.42 (1) and amended to read: