AB100-engrossed,1750,17
17281.69 (title)
Lake management and classification grants.
AB100-engrossed, s. 3599c
18Section 3599c. 281.69 (1) of the statutes is renumbered 281.69 (1) (intro.) and
19amended to read:
AB100-engrossed,1750,2220
281.69
(1) (title)
Types of projects. (intro.) The department shall develop and
21administer a financial assistance program to provide grants for
lake the following 3
22types of projects:
AB100-engrossed,1750,24
23(a) Lake management projects that will improve or protect the quality of water
24in lakes or the natural ecosystems of lakes.
AB100-engrossed,1751,2
1281.69
(1) (b) Lake classification projects that will classify lakes by use and
2implement protection activities for the lakes based on their classification.
AB100-engrossed,1751,54
281.69
(1) (c) Lake classification technical assistance projects conducted by
5nonprofit corporations that will provide educational and technical assistance.
AB100-engrossed,1751,77
281.69
(2) (title)
Amounts of grants.
AB100-engrossed,1751,1210
281.69
(2) (a)
The department may provide a grant under this section A grant
11for a lake management project may be made for up to 75% of the cost of
a lake
12management the project but may not provide more than $200,000 per grant.
AB100-engrossed,1751,1514
281.69
(2) (b) A grant for a lake classification project may be made for up to 75%
15of the cost of the project but may not exceed $50,000 per grant.
AB100-engrossed,1751,1817
281.69
(2) (c) A grant for a lake classification technical assistance project may
18not exceed $200,000.
AB100-engrossed,1751,2320
281.69
(3) (title)
Rules for lake management project grants. (intro.) The
21department shall promulgate rules to administer and to determine eligibility for
the
22program under this section grants for lake management projects. The rules shall
23include all of the following:
AB100-engrossed,1752,1
1281.69
(4) (title)
Lake management project grants; purchases.
AB100-engrossed,1752,53
281.69
(4) (b) (intro.) The recipient of the grant
used for a purchase under sub.
4(3) (b) 1. may subsequently sell or transfer the acquired property to a 3rd party other
5than a creditor of the recipient if all of the following apply:
AB100-engrossed,1752,97
281.69
(4) (c) The recipient of the grant
used for a purchase under sub. (3) (b)
81. may subsequently sell or transfer the acquired property to satisfy a debt or other
9obligation if the department approves the sale or transfer.
AB100-engrossed,1752,1311
281.69
(5) Lake classification project grants. (a) The department shall
12promulgate rules to administer and to determine eligibility for grants for lake
13classification projects.
AB100-engrossed,1752,1614
(b) The rules under par. (a) shall include guidelines to be used for lake
15classification. The guidelines shall require that certain factors be used in classifying
16each lake by use. The factors shall include all of the following:
AB100-engrossed,1752,1717
1. The size, depth and shape of the lake.
AB100-engrossed,1752,1818
2. The size of the lake's watershed.
AB100-engrossed,1752,1919
3. The quality of the water in the lake.
AB100-engrossed,1752,2020
4. The potential of the lake to be overused for recreational purposes.
AB100-engrossed,1752,2121
5. The potential for the development of land surrounding the lake.
AB100-engrossed,1752,2222
6. The potential of the lake to suffer from nonpoint source water pollution.
AB100-engrossed,1752,2323
7. The type and size of the fish and wildlife population in and around the lake.
AB100-engrossed,1752,2524
(c) The rules under par. (a) shall designate which classification and protection
25activities are eligible for lake classification grants.
AB100-engrossed,1753,1
1(d) The department may award lake classification grants only to counties.
AB100-engrossed,1753,53
281.69
(6) Lake classification technical assistance grants. (a) The
4department shall promulgate rules to administer and determine eligibility for lake
5classification technical assistance grants to be awarded to nonprofit corporations.
AB100-engrossed,1753,96
(b) A nonprofit corporation receiving a lake classification technical assistance
7grant shall use the grant to provide educational and technical assistance to local
8units of government and lake management organizations that will participate in a
9lake classification project.
AB100-engrossed,1753,1111
281.69
(7) (title)
Prohibited activities.
AB100-engrossed,1753,13
13281.70 Assistance to watershed groups.
(1) Definitions. In this section:
AB100-engrossed,1753,1514
(a) "Local watershed group" means a group that is formed for the purpose of
15protecting or improving the water quality of a specific watershed.
AB100-engrossed,1753,2016
(b) "Nonprofit organization" means a nonprofit corporation, a charitable trust
17or other nonprofit association whose purposes include protecting or improving water
18quality in watersheds and that is described in section
501 (c) (3) of the Internal
19Revenue Code and is exempt from federal income tax under section
501 (a) of the
20Internal Revenue Code.
AB100-engrossed,1753,23
21(2) Education and information. From the appropriation under s. 20.370 (6)
22(au), the department shall provide funding to a nonprofit organization to do all of the
23following:
AB100-engrossed,1753,2524
(a) Establish a center to encourage and facilitate the formation and
25development of local watershed groups.
AB100-engrossed,1754,2
1(b) Serve as an educational and informational clearinghouse regarding
2information on protecting and improving water quality in watersheds.
AB100-engrossed,1754,33
(c) Provide technical assistance to local watershed groups.
AB100-engrossed,1754,44
(d) Administer the grant program under sub. (3).
AB100-engrossed,1754,7
5(3) Grant program. (a) The nonprofit organization receiving funding under
6sub. (2) shall award grants from this funding to local watershed groups to assist them
7in their formation and development.
AB100-engrossed,1754,88
(b) A grant awarded under this subsection may not exceed $5,000.
AB100-engrossed,1754,139
(c) For purposes of determining which local watershed groups will receive the
10grants under this program, the nonprofit organization shall establish a committee
11to award the grants. The committee shall have members that represent any
12local-level and state-level groups, including state agencies, that have an interest in
13protecting or improving watersheds.
AB100-engrossed,1754,16
14(4) Rules. The department shall promulgate rules to administer and
15implement this section, including eligibility requirements for the grants under sub.
16(3) and membership requirements for the committee established under sub. (3) (c).
AB100-engrossed,1754,17
17(5) Applicability. This section does not apply after June 30, 2001.
AB100-engrossed,1754,2219
281.75
(16) (d) The state is subrogated to the rights of a claimant who obtains
20an award under this section in an amount equal to the award. All moneys recovered
21under this paragraph shall be credited to the environmental fund for environmental
22repair management.
AB100-engrossed,1755,3
1281.85 Great Lakes protection fund share. (intro.) The department may
2use moneys from the appropriation under s. 20.370
(2)
(4) (ah) for any of the following
3purposes:
AB100-engrossed,1755,10
5281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d)
and, 281.75 (19)
6and 281.99 (2), any person who violates this chapter or any rule promulgated or any
7plan approval, license or special order issued under this chapter shall forfeit not less
8than $10 nor more than $5,000 for each violation. Each day of continued violation
9is a separate offense. While an order is suspended, stayed or enjoined, this penalty
10does not accrue.
AB100-engrossed,1755,19
11(2) In addition to the penalties provided under sub. (1)
or s. 281.99 (2), the court
12may award the department of justice the reasonable and necessary expenses of the
13investigation and prosecution of
the a violation
of this chapter, including attorney
14fees. The department of justice shall deposit in the state treasury for deposit into the
15general fund all moneys that the court awards to the department or the state under
16this subsection. Ten percent of the money deposited in the general fund that was
17awarded under this subsection for the costs of investigation and the expenses of
18prosecution, including attorney fees, shall be credited to the appropriation account
19under s. 20.455 (1) (gh).
AB100-engrossed,1755,24
21281.99 Administrative forfeitures for safe drinking water violations.
22(1) (a) The department may directly assess forfeitures in the amounts provided
23under sub. (2) for violations of safe drinking water program rules promulgated under
24s. 281.17 (8) or (9).
AB100-engrossed,1756,10
1(b) 1. Subject to subd. 2., if the department proposes to assess a forfeiture for
2a particular violation, it shall first provide written notice of the alleged violation to
3the water system owner or operator. The notice shall state the amount of the
4proposed forfeiture, an explanation of how the amount of the proposed forfeiture was
5determined under sub. (2) (b) and a proposed order under par. (c). After providing
6the notice, the department shall attempt to negotiate with the water system owner
7or operator to remedy the alleged violation. If the water system owner or operator
8corrects the alleged violation, or if the department and the water system owner or
9operator reach a compliance agreement, before an order is issued under par. (c), the
10department may not assess a forfeiture for the alleged violation.
AB100-engrossed,1756,1411
2. The department may directly assess a forfeiture by issuing an order under
12par. (c) without first providing notice if the alleged violation either creates an acute
13risk to public health or safety or is part of a documented pattern of noncompliance
14with one or more rules promulgated under s. 281.17 (8) or (9).
AB100-engrossed,1756,2115
(c) If the department determines that a forfeiture should be assessed for a
16particular violation, it shall issue an order under s. 281.19 (2) (a) to the water system
17owner or operator alleged to have committed the violation. Except as provided in par.
18(b) 2., the department may not issue the order until at least 60 days after the day on
19which it provided notice under par. (b) 1. The order shall specify the amount of the
20forfeiture assessed, the violation and the rule alleged to have been violated and shall
21inform the licensee of the right to contest the order under sub. (3).
AB100-engrossed,1756,23
22(2) (a) The amount of forfeitures that the department may assess under this
23section are as follows:
AB100-engrossed,1757,3
11. For water systems that serve a population of more than 10,000 persons, not
2less than $10 and not more than $1,000 for each day of violation, but not more than
3$25,000 in one order.
AB100-engrossed,1757,64
2. For water systems that serve a population of 10,000 persons or less, not less
5than $10 and not more than $500 for each day of violation, but not more than $25,000
6in one order.
AB100-engrossed,1757,87
(b) The department, in determining the amount of forfeiture that it assesses
8under this section, shall consider the following factors, as appropriate:
AB100-engrossed,1757,109
1. The gravity of the violation, including the probability of harm to persons
10served by the water system.
AB100-engrossed,1757,1311
2. Good faith exercised by the water system owner or operator, including past
12or ongoing efforts to correct problems or achieve compliance with the safe drinking
13water program.
AB100-engrossed,1757,1514
3. Any previous violations committed by the water system owner or operator
15at the same water system.
AB100-engrossed,1757,1716
4. The financial benefit to the water system owner or operator of continuing the
17violation.
AB100-engrossed,1757,1818
5. Any other relevant factors.
AB100-engrossed,1757,2019
(c) While an order issued under this section is contested, suspended, stayed or
20enjoined, any forfeiture under this section does not accrue.
AB100-engrossed,1757,24
21(3) A water system owner or operator may contest the issuance of an order and
22the assessment of a forfeiture under this section using the procedure under ch. 227
23or s. 281.19 (8). A water system owner or operator that timely requests a hearing
24under ch. 227 is entitled to a contested case hearing.
AB100-engrossed,1758,7
1(4) All forfeitures shall be paid to the department within 60 days after receipt
2of the order or according to a schedule agreed to by the department and the water
3system owner or operator or, if the forfeiture is contested under sub. (3), within 10
4days after receipt of the final decision after exhaustion of administrative review,
5unless the final decision is appealed and the order is stayed by court order. The
6department shall remit all forfeitures paid to the state treasurer for deposit in the
7school fund.
AB100-engrossed,1758,11
8(5) The attorney general may bring an action as provided in s. 281.19 (2) (a) in
9the name of the state to collect any forfeiture imposed under this section if the
10forfeiture has not been paid following the exhaustion of all administrative and
11judicial reviews.
AB100-engrossed,1758,12
12(6) Section 893.80 does not apply to actions commenced under this section.
AB100-engrossed,1758,2014
283.31
(7) The holder of a permit under this section shall pay $100 to the
15department as a groundwater fee on January 1 if the permittee discharges effluent
16on land or if the permittee produces sludge from a treatment work which is disposed
17of on land. If the permittee discharges effluent on land and disposes of sludge from
18a treatment work on land, the permittee shall pay $200 to the department as a
19groundwater fee on January 1. The moneys collected under this subsection shall be
20credited to the environmental fund for
groundwater
environmental management.
AB100-engrossed,1758,2322
283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
23appropriation under s. 20.370
(2) (4) (bj).
AB100-engrossed,1759,7
1283.84 Trading of water pollution credits. (1) The department shall
2administer at least one pilot project to evaluate the trading of water pollution credits.
3The department may only administer a pilot project if the pilot project is consistent
4with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to sub.
5(1m), a pilot project may authorize a person required to obtain a permit to increase
6the discharge of pollutants above levels that would otherwise be authorized in the
7permit if the person does one of the following:
AB100-engrossed,1759,118
(a) Reaches an agreement with another person who is required to obtain a
9permit under which the other person agrees to reduce the discharge of pollutants in
10the project area below the levels that would otherwise be authorized in the other
11person's permit.