AB100-engrossed,1695,2524
(f) "Nonpoint source water pollution" means pollution of waters of the state that
25does not result from a point source, as defined in s. 283.01 (12).
AB100-engrossed,1696,1
1(g) "Water quality management area" means any of the following:
AB100-engrossed,1696,52
1. The area within 1,000 feet from the ordinary high-water mark of navigable
3waters that consist of a lake, pond or flowage, except that, for a navigable water that
4is a glacial pothole lake, "water quality management area" means the area within
51,000 feet from the high-water mark of the lake.
AB100-engrossed,1696,76
2. The area within 300 feet from the ordinary high-water mark of navigable
7waters that consist of a river or stream.
AB100-engrossed,1696,98
3. A site that is susceptible to groundwater contamination or that has the
9potential to be a direct conduit for contamination to reach groundwater.
AB100-engrossed,1696,1110
(h) Notwithstanding s. 281.01 (18), " waters of the state" has the meaning given
11in s. 283.01 (20).
AB100-engrossed,1696,17
12(2) Nonpoint sources that are not agricultural. (a) The department shall,
13by rule, prescribe performance standards and prohibitions for facilities and practices
14that are nonpoint sources and that are not construction sites, construction practices,
15agricultural facilities or agricultural practices. The performance standards and
16prohibitions shall be designed to achieve water quality standards by limiting
17nonpoint source water pollution.
AB100-engrossed,1696,2018
(b) The department shall, by rule, specify a process for the development and
19dissemination of technical standards to implement the performance standards and
20prohibitions under par. (a).
AB100-engrossed,1696,2521
(c) Using the process specified under par. (b), the department shall develop and
22disseminate technical standards to implement the performance standards and
23prohibitions under par. (a). The department shall develop and disseminate
24alternative technical standards for situations in which more than one method exists
25to implement the performance standards and prohibitions.
AB100-engrossed,1697,7
1(3) Nonpoint sources that are agricultural. (a) The department of natural
2resources, in consultation with the department of agriculture, trade and consumer
3protection, shall promulgate rules prescribing performance standards and
4prohibitions for agricultural facilities and agricultural practices that are nonpoint
5sources. The performance standards and prohibitions shall be designed to achieve
6water quality standards by limiting nonpoint source water pollution. At a minimum,
7the prohibitions shall include all of the following:
AB100-engrossed,1697,98
1. That a livestock operation may have no overflow of manure storage
9structures.
AB100-engrossed,1697,1110
2. That a livestock operation may have no unconfined manure pile in a water
11quality management area.
AB100-engrossed,1697,1312
3. That a livestock operation may have no direct runoff from a feedlot or stored
13manure into the waters of the state.
AB100-engrossed,1697,1614
4. That a livestock operation may not allow unlimited access by livestock to
15waters of the state in a location where high concentrations of animals prevent the
16maintenance of adequate sod cover.
AB100-engrossed,1697,2217
(b) The department of agriculture, trade and consumer protection, in
18consultation with the department of natural resources, shall promulgate rules
19prescribing conservation practices to implement the performance standards and
20prohibitions under par. (a) and specifying a process for the development and
21dissemination of technical standards to implement the performance standards and
22prohibitions under par. (a).
AB100-engrossed,1698,323
(c) Using the process specified under par. (b), the department of agriculture,
24trade and consumer protection shall develop and disseminate technical standards to
25implement the performance standards and prohibitions under par. (a). The
1department of agriculture, trade and consumer protection shall disseminate
2alternative technical standards for situations in which more than one method exists
3to implement the performance standards and prohibitions.
AB100-engrossed,1698,64
(d) The conservation practices and technical standards under pars. (b) and (c)
5shall at a minimum cover animal waste management, nutrients applied to the soil
6and cropland sediment delivery.
AB100-engrossed,1698,237
(e) An owner or operator of an agricultural facility or practice that is in
8existence before the effective date of this paragraph .... [revisor inserts date], may not
9be required by this state or a municipality to comply with the performance standards,
10prohibitions, conservation practices or technical standards under this subsection
11unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other
12source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss.
1392.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural
14resources shall promulgate rules that specify criteria for determining whether
15cost-sharing is available under sub. (5) or s. 281.65 and the department of
16agriculture, trade and consumer protection shall promulgate rules that specify
17criteria for determining whether cost-sharing is available under s. 92.14 or from any
18other source. The rules may not allow a determination that cost-sharing is available
19to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent
20with or that exceed the performance standards, prohibitions, conservation practices
21or technical standards under this subsection unless the cost-sharing is at least 70%
22of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of
23economic hardship, as defined in the rules.
AB100-engrossed,1699,7
24(4) Application to animal feeding operations. If the department issues a
25notice of discharge under ch. 283 for an animal feeding operation, the performance
1standards, prohibitions, conservation practices and technical standards under sub.
2(3) apply to the animal feeding operation, except that if the animal feeding operation
3is in existence before the effective date of this subsection .... [revisor inserts date], the
4performance standards, prohibitions, conservation practices and technical
5standards only apply if the department determines that cost-sharing is available to
6the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or
7281.65 or from any other source.
AB100-engrossed,1699,13
8(5) Cost-sharing for compliance. From the appropriation under s. 20.866 (2)
9(te), the department shall provide cost-sharing grants to persons to whom
10cost-sharing is not available from other sources for projects to assist agricultural
11facilities to comply with the performance standards, prohibitions, conservation
12practices and technical standards under sub. (3). The department shall promulgate
13rules for the administration of the program under this subsection.
AB100-engrossed,1700,915
281.17
(3) The department shall promulgate rules establishing an examining
16program for the certification of operators of water systems, wastewater treatment
17plants and septage servicing vehicles operated under a license issued under s. 281.48
18(3), setting such standards as the department finds necessary to accomplish the
19purposes of this chapter and chs. 285 and 289 to 299, including requirements for
20continuing education. The department may charge applicants a fee for certification.
21All moneys collected under this subsection for the certification of operators of water
22systems, wastewater treatment plants and septage servicing vehicles shall be
23credited to the appropriation under s. 20.370
(2)
(4) (bL). No person may operate a
24water systems, wastewater treatment plant or septage servicing vehicle without a
25valid certificate issued under this subsection. The department may suspend or
1revoke a certificate issued under this subsection for a violation of any statute or rule
2relating to the operation of a water system or wastewater treatment plant or to
3septage servicing, for failure to fulfill the continuing education requirements or as
4provided under s. 145.245 (3). The owner of any wastewater treatment plant shall
5be, or shall employ, an operator certified under this subsection who shall be
6responsible for plant operations, unless the department by rule provides otherwise.
7In this subsection, "wastewater treatment plant" means a system or plant used to
8treat industrial wastewater, domestic wastewater or any combination of industrial
9wastewater and domestic wastewater.
AB100-engrossed,1700,1311
281.17
(8) The department may establish, administer and maintain a safe
12drinking water program no less stringent than the requirements of the safe drinking
13water act
of 1974, P.L. 93-523, 88 Stat. 1660, 42 USC 300f to 300j-26.
AB100-engrossed,1700,1815
281.17
(9) The department may require owners of water systems to
16demonstrate the technical, managerial and financial capacity to comply with
17national primary drinking water regulations under
42 USC 300g-1 and may assist
18owners of water systems to develop that capacity.
AB100-engrossed,1701,620
281.19
(2) (a) The department may issue special orders directing particular
21owners
to remedy violations of the safe drinking water program under s. 281.17 (8)
22and (9) or to secure such operating results toward the control of pollution of the
23waters of the state as the department prescribes, within a specified time. Pending
24efforts to comply with any order, the department may permit continuance of
25operations on such conditions as it prescribes. If any owner cannot comply with an
1order within the time specified, the owner may, before the date set in the order,
2petition the department to modify the order. The department may modify the order,
3specifying in writing the reasons therefor. If any order is not complied with within
4the time period specified, the department shall immediately notify the attorney
5general of this fact. Within 30 days thereafter, the attorney general shall forthwith
6commence an action under s. 299.95.
AB100-engrossed,1701,108
281.22
(2m) Fee for expedited service. (a) The department, by rule, may
9charge a supplemental fee for a determination under sub. (1) that is in addition to
10the fee charged under sub. (1) if all of the following apply:
AB100-engrossed,1701,1311
1. The applicant requests in writing that the determination be issued within
12a time period that is shorter than the time limit promulgated under par. (b) for the
13determination.
AB100-engrossed,1701,1414
2. The department verifies that it will be able to comply with the request.
AB100-engrossed,1701,1615
(b) If the department promulgates a rule under par. (a), the rule shall contain
16for a time limit for making determinations under sub. (1).
AB100-engrossed,1701,2218
281.48
(4s) (d) In addition to the license fee under par. (a) 1. or 2., the
19department shall collect from each licensee a groundwater fee of $50 if the license
20period begins before July 1, 1997, and $100 if the license period begins after June 30,
211997. The moneys collected under this paragraph shall be credited to the
22environmental fund for
groundwater environmental management.
AB100-engrossed,1702,1224
281.57
(10m) Loan for modification or replacement of an innovative or
25alternative project. Notwithstanding subs. (2), (4) to (10) and (12), during the
11997-99 fiscal biennium, the department shall provide a loan of $1,300,000 to a
2municipality for all of the planning, design and construction costs incurred after
3June 30, 1995, for the modification or replacement of a failed innovative or
4alternative point source pollution abatement facility for which the department
5issued written approval of eligibility under
40 CFR 35.2032 before December 10,
61996, and which requires additional construction to eliminate discharge of effluent
7to groundwater and to establish a new surface water outfall. The department may
8not charge any interest on the loan and may not require the municipality to repay
9the loan until the municipality receives a grant from the federal environmental
10protection agency for the modification or replacement of the point source pollution
11abatement facility. If the federal environmental protection agency denies the grant,
12the department shall forgive the loan.
AB100-engrossed,1702,1514
281.58
(1) (ai) "Clean water fund program" means the program administered
15under this section with financial management provided under s. 281.59.
AB100-engrossed,1702,1917
281.58
(1) (cg) "Market interest rate" means the interest at the effective rate
18of a revenue obligation issued by the state to fund a project loan or a portion of a
19project loan under
this section and s. 281.59 the clean water fund program.
AB100-engrossed,1702,2322
281.58
(2m) (a) Administer its responsibilities under
this section and s. 281.59 23the clean water fund program.
AB100-engrossed,1703,3
1281.58
(3m) (a) A list of wastewater treatment projects that the department
2estimates will apply for financial assistance under
this section and s. 281.59 the
3clean water fund program during the next biennium.
AB100-engrossed,1703,75
281.58
(6) (a) (intro.) The department may determine whether a municipality
6is eligible for financial assistance under
this section and s. 281.59 the clean water
7fund program for any of the following:
AB100-engrossed,1703,109
281.58
(6) (b) (intro.) The following methods of providing financial assistance
10may be used under
this section and s. 281.59 the clean water fund program:
AB100-engrossed,1703,1612
281.58
(6) (b) 8. Providing payments to the board of commissioners of public
13lands to reduce principal or interest payments, or both, on loans made to
14municipalities under subch. II of ch. 24 by the board of commissioners of public lands
15for projects that are eligible for financial assistance under
this section and s. 281.59 16the clean water fund program.
AB100-engrossed,1704,218
281.58
(7) (a) The department shall, by rule, establish criteria for determining
19which applicants and which projects are eligible to receive financial assistance under
20this section and s. 281.59 the clean water fund program. The primary criteria for
21eligibility shall be water quality and public health. The rules for
clean water fund 22projects funded from the account under s. 25.43 (2) (a) shall be consistent with
33
23USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated
24thereunder. The rules for
clean water fund projects funded from the account under
1s. 25.43 (2) (b) may be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 2and the regulations promulgated thereunder.
AB100-engrossed,1704,64
281.58
(7) (b) (intro.) The department may determine whether a municipality
5is eligible for financial assistance under
this section and s. 281.59 the clean water
6fund program for any of the following types of projects:
AB100-engrossed,1704,98
281.58
(8) (a) (intro.) The following are not eligible for financial assistance from
9the clean water fund
under this section and s. 281.59
program:
AB100-engrossed,1704,1611
281.58
(8) (d) An unsewered municipality that is not constructing a treatment
12work and will be disposing of wastewater in the treatment work of another
13municipality is not eligible for financial assistance under
this section and s. 281.59 14the clean water fund program until it executes an agreement under s. 66.30 with
15another municipality to receive, treat and dispose of the wastewater of the
16unsewered municipality.
AB100-engrossed,1704,2018
281.58
(8) (g) The sum of all of the financial assistance to a municipality
19approved under
this section and s. 281.59 the clean water fund program for a project
20may not result in the municipality paying less than 30% of the cost of the project.
AB100-engrossed,1704,2422
281.58
(8) (i) After June 30, 1991, no municipality may receive for projects
in
23a biennium an amount that exceeds 35.2% of the amount approved by the legislature
24under s. 281.59
(3) (d) (3e) (b) for that biennium.
AB100-engrossed,1705,5
1281.58
(8) (L) (intro.) The total amount of capital cost loans made under
this
2section and s. 281.59 the clean water fund program may not exceed $120,000,000,
3and no capital cost loan funds may be released under
this section and s. 281.59 the
4clean water fund program until the secretary of administration has found in writing
5that all of the following facts have occurred:
AB100-engrossed,1705,87
281.58
(8e) (cm) A factor that gives higher priority than would otherwise be
8given to a project to serve more than one municipality if all of the following apply:
AB100-engrossed,1705,109
1. Each municipality to be served by the project has a population of 2,500 or
10less.
AB100-engrossed,1705,1211
2. At least one of the municipalities to be served by the project has a wastewater
12treatment system that is unusable because of failures of the system.
AB100-engrossed,1705,1413
3. The municipalities to be served by the project are submitting an application
14for a new joint treatment work.
AB100-engrossed,1705,1615
4. At least one of the municipalities to be served by the treatment work has been
16ordered to upgrade a current system.
AB100-engrossed,1705,2318
281.58
(8m) (a) A municipality shall submit notice to the department of its
19intent to apply for financial assistance under this section and s. 281.59
in a year no
20later than December 31 of the preceding year. A municipality shall submit the notice
21at least 6 months before the beginning of the fiscal year in which it will request to
22receive financial assistance. The notice shall be in a form prescribed by the
23department and the department of administration.
AB100-engrossed,1706,2
1281.58
(8m) (c) The department may waive par. (a)
or (b) upon the written
2request of a municipality.
AB100-engrossed,1706,124
281.58
(9) (a) After the department approves a municipality's facility plan
5submitted under sub. (8s), the municipality shall submit an application for
6participation to the department. The application shall be in such form and include
7such information as the department and the department of administration prescribe
8and shall include design plans and specifications that are approvable by the
9department under this chapter. The department shall review applications for
10participation in the
clean water fund program
under this section and s. 281.59. The
11department shall determine which applications meet the eligibility requirements
12and criteria under subs. (6), (7), (8), (8m) and (13).
AB100-engrossed,1706,1714
281.58
(9) (am) A municipality may not submit more than one application
15under par. (a)
for any single project in any 12-month period except that this
16paragraph does not apply to applications for financial assistance for additional costs
17of an approved project.
AB100-engrossed,1706,2219
281.58
(9) (b) A municipality seeking financial assistance, except for a
20municipality seeking a capital cost loan, for a project under
this section and s. 281.59 21the clean water fund program shall complete an environmental analysis sequence
22as required by the department by rule.
AB100-engrossed,1707,224
281.58
(9) (c) If a municipality is serviced by more than one sewerage district
25for wastewater pollution abatement, each service area of the municipality shall be
1considered a separate municipality for purposes of obtaining financial assistance
2under
this section and s. 281.59 the clean water fund program.
AB100-engrossed,1707,134
281.58
(9) (e) If the governor's recommendation, as set forth in the executive
5budget bill, for the amount under s. 281.59
(3) (d)
(3e) (b), the amount available under
6s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85%
7or less of the amount of present value subsidy, general obligation bonding authority
8or revenue bonding authority, respectively, requested for that biennium in the
9biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall
10inform municipalities that, if the governor's recommendations are approved, clean
11water fund
program assistance during a fiscal year of that biennium will only be
12available to municipalities that submit financial assistance applications by the June
1330 preceding that fiscal year.
AB100-engrossed,1707,1615
281.58
(9) (f) The fees collected under par. (d) shall be credited to the
clean
16water environmental improvement fund.