AB100,1405,84
255.08
(2) Permits. (a) No person may operate a tanning facility without a
5permit
issued by that the department
may, except as provided in s. 250.041, issue 6under this subsection. The holder of a permit issued under this subsection shall
7display the permit in a conspicuous place at the tanning facility for which the permit
8is issued.
AB100,1405,159
(b) Permits issued under this subsection shall expire annually on June 30.
A
10Except as provided in s. 250.041, a permit applicant shall submit an application for
11a permit to the department on a form provided by the department with a permit fee
12established by the department by rule. The application shall include the name and
13complete mailing address and street address of the tanning facility and any other
14information reasonably required by the department for the administration of this
15section.
AB100, s. 3484
16Section
3484. 255.08 (13) of the statutes is amended to read:
AB100,1405,2117
255.08
(13) Denial, suspension or revocation of permits. The department
18may
under this section, after a hearing under ch. 227, deny issuance of a permit to
19an applicant or suspend or revoke any permit issued under sub. (2) if the applicant
20or permit holder or his or her employe violates sub. (2), (3), (4), (5), (6), (7), (9) or (11)
21or any rule promulgated thereunder.
AB100, s. 3485
22Section
3485. 255.30 (4) of the statutes is amended to read:
AB100,1406,223
255.30
(4) The
department of education
state superintendent of public
24instruction shall prepare and circulate to each public and private educational
1institution in this state instructions and recommendations for implementing the eye
2safety provisions of this section.
AB100, s. 3486
3Section
3486. 280.13 (4) of the statutes is amended to read:
AB100,1406,134
280.13
(4) No order revoking a permit
under sub. (2) shall be made until after
5a public hearing to be held before the department in the county where the permittee
6has his or her place of business. If the permittee is a nonresident, the hearing shall
7be at such place as the department designates. At least 10 days prior to the hearing
8the department shall send written notice of the time and place of the hearing to the
9permittee and to the permittee's attorney or agent of record by mailing the notice to
10the last-known address of such persons. The testimony presented and proceedings
11had at the hearing shall be recorded and preserved as the records of the department.
12The department shall as soon thereafter as possible make its findings and
13determination and send a copy to each interested party.
AB100, s. 3487
14Section
3487. 280.97 of the statutes is amended to read:
AB100,1406,22
15280.97 Penalties. Any person, firm or corporation who engages in or follows
16the business or occupation of, or advertises or holds himself, herself or itself out as
17or acts temporarily or otherwise as a well driller or pump installer without having
18first secured the required permit or certificate of registration or renewal thereof, or
19who otherwise violates any provision of this chapter, shall be fined not less than $10
20or more than $100 or imprisoned not
less more than 30 days, or both. Each day
21during which a violation continues shall constitute a separate and distinct offense,
22and may be punished separately.
AB100, s. 3488
23Section
3488. 281.17 (3) of the statutes is amended to read:
AB100,1407,1824
281.17
(3) The department shall promulgate rules establishing an examining
25program for the certification of operators of water systems, wastewater treatment
1plants and septage servicing vehicles operated under a license issued under s. 281.48
2(3), setting such standards as the department finds necessary to accomplish the
3purposes of this chapter and chs. 285 and 289 to 299, including requirements for
4continuing education. The department may charge applicants a fee for certification.
5All moneys collected under this subsection for the certification of operators of water
6systems, wastewater treatment plants and septage servicing vehicles shall be
7credited to the appropriation under s. 20.370
(2)
(4) (bL). No person may operate a
8water systems, wastewater treatment plant or septage servicing vehicle without a
9valid certificate issued under this subsection. The department may suspend or
10revoke a certificate issued under this subsection for a violation of any statute or rule
11relating to the operation of a water system or wastewater treatment plant or to
12septage servicing, for failure to fulfill the continuing education requirements or as
13provided under s. 145.245 (3). The owner of any wastewater treatment plant shall
14be, or shall employ, an operator certified under this subsection who shall be
15responsible for plant operations, unless the department by rule provides otherwise.
16In this subsection, "wastewater treatment plant" means a system or plant used to
17treat industrial wastewater, domestic wastewater or any combination of industrial
18wastewater and domestic wastewater.
AB100, s. 3489
19Section
3489. 281.17 (8) of the statutes is amended to read:
AB100,1407,2220
281.17
(8) The department may establish, administer and maintain a safe
21drinking water program no less stringent than the requirements of the safe drinking
22water act
of 1974, P.L. 93-523, 88 Stat. 1660, 42 USC 300f to 300j-26.
AB100, s. 3490
23Section
3490. 281.17 (9) of the statutes is created to read:
AB100,1408,224
281.17
(9) The department may require owners of water systems to
25demonstrate the technical, managerial and financial capacity to comply with
1national primary drinking water regulations under
42 USC 300g-1 and may assist
2owners of water systems to develop that capacity.
AB100, s. 3491
3Section
3491. 281.19 (2) (a) of the statutes is amended to read:
AB100,1408,154
281.19
(2) (a) The department may issue special orders directing particular
5owners
to remedy violations of the safe drinking water program under s. 281.17 (8)
6and (9) or to secure such operating results toward the control of pollution of the
7waters of the state as the department prescribes, within a specified time. Pending
8efforts to comply with any order, the department may permit continuance of
9operations on such conditions as it prescribes. If any owner cannot comply with an
10order within the time specified, the owner may, before the date set in the order,
11petition the department to modify the order. The department may modify the order,
12specifying in writing the reasons therefor. If any order is not complied with within
13the time period specified, the department shall immediately notify the attorney
14general of this fact. Within 30 days thereafter, the attorney general shall forthwith
15commence an action under s. 299.95.
AB100, s. 3492
16Section
3492. 281.22 (2m) of the statutes is created to read:
AB100,1408,1917
281.22
(2m) Fee for expedited service. (a) The department, by rule, may
18charge a supplemental fee for a determination under sub. (1) that is in addition to
19the fee charged under sub. (1) if all of the following apply:
AB100,1408,2220
1. The applicant requests in writing that the determination be issued within
21a time period that is shorter than the time limit promulgated under par. (b) for the
22determination.
AB100,1408,2323
2. The department verifies that it will be able to comply with the request.
AB100,1408,2524
(b) If the department promulgates a rule under par. (a), the rule shall contain
25for a time limit for making determinations under sub. (1).
AB100, s. 3493
1Section
3493. 281.48 (3) (a) of the statutes is amended to read:
AB100,1409,92
281.48
(3) (a)
License; application. Every person before engaging in servicing
3in this state shall submit an application for a license on forms prepared by the
4department.
If Except as provided in ss. 299.07 and 299.08, if the department, after
5investigation, is satisfied that the applicant has the qualifications, experience,
6understanding of proper servicing practices, as demonstrated by the successful
7completion of an examination given by the department, and equipment to perform
8the servicing in a manner not detrimental to public health it shall issue the license.
9The license fee shall accompany all applications.
AB100, s. 3494
10Section
3494. 281.48 (4s) (d) of the statutes is amended to read:
AB100,1409,1511
281.48
(4s) (d) In addition to the license fee under par. (a) 1. or 2., the
12department shall collect from each licensee a groundwater fee of $50 if the license
13period begins before July 1, 1997, and $100 if the license period begins after June 30,
141997. The moneys collected under this paragraph shall be credited to the
15environmental fund for
groundwater environmental management.
AB100, s. 3495
16Section
3495. 281.48 (5) (b) of the statutes is amended to read:
AB100,1409,1817
281.48
(5) (b) The department may not reissue a license for a period of one year
18after revocation
under par. (a).
AB100, s. 3496
19Section
3496. 281.58 (1) (ai) of the statutes is created to read:
AB100,1409,2120
281.58
(1) (ai) "Clean water fund program" means the program administered
21under this section with financial management provided under s. 281.59.
AB100, s. 3497
22Section
3497. 281.58 (1) (cg) of the statutes is amended to read:
AB100,1409,2523
281.58
(1) (cg) "Market interest rate" means the interest at the effective rate
24of a revenue obligation issued by the state to fund a project loan or a portion of a
25project loan under
this section and s. 281.59 the clean water fund program.
AB100, s. 3498
1Section
3498. 281.58 (2m) (a) of the statutes is amended to read:
AB100,1410,32
281.58
(2m) (a) Administer its responsibilities under
this section and s. 281.59 3the clean water fund program.
AB100, s. 3499
4Section
3499. 281.58 (3m) (a) of the statutes is amended to read:
AB100,1410,75
281.58
(3m) (a) A list of wastewater treatment projects that the department
6estimates will apply for financial assistance under
this section and s. 281.59 the
7clean water fund program during the next biennium.
AB100, s. 3500
8Section
3500. 281.58 (6) (a) (intro.) of the statutes is amended to read:
AB100,1410,119
281.58
(6) (a) (intro.) The department may determine whether a municipality
10is eligible for financial assistance under
this section and s. 281.59 the clean water
11fund program for any of the following:
AB100, s. 3501
12Section
3501. 281.58 (6) (b) (intro.) of the statutes is amended to read:
AB100,1410,1413
281.58
(6) (b) (intro.) The following methods of providing financial assistance
14may be used under
this section and s. 281.59 the clean water fund program:
AB100, s. 3502
15Section
3502. 281.58 (6) (b) 8. of the statutes is amended to read:
AB100,1410,2016
281.58
(6) (b) 8. Providing payments to the board of commissioners of public
17lands to reduce principal or interest payments, or both, on loans made to
18municipalities under subch. II of ch. 24 by the board of commissioners of public lands
19for projects that are eligible for financial assistance under
this section and s. 281.59 20the clean water fund program.
AB100, s. 3503
21Section
3503. 281.58 (7) (a) of the statutes is amended to read:
AB100,1411,522
281.58
(7) (a) The department shall, by rule, establish criteria for determining
23which applicants and which projects are eligible to receive financial assistance under
24this section and s. 281.59 the clean water fund program. The primary criteria for
25eligibility shall be water quality and public health. The rules for
clean water fund
1projects funded from the account under s. 25.43 (2) (a) shall be consistent with
33
2USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated
3thereunder. The rules for
clean water fund projects funded from the account under
4s. 25.43 (2) (b) may be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 5and the regulations promulgated thereunder.
AB100, s. 3504
6Section
3504. 281.58 (7) (b) (intro.) of the statutes is amended to read:
AB100,1411,97
281.58
(7) (b) (intro.) The department may determine whether a municipality
8is eligible for financial assistance under
this section and s. 281.59 the clean water
9fund program for any of the following types of projects:
AB100, s. 3505
10Section
3505. 281.58 (8) (a) (intro.) of the statutes is amended to read:
AB100,1411,1211
281.58
(8) (a) (intro.) The following are not eligible for financial assistance from
12the clean water fund
under this section and s. 281.59
program:
AB100, s. 3506
13Section
3506. 281.58 (8) (d) of the statutes is amended to read:
AB100,1411,1914
281.58
(8) (d) An unsewered municipality that is not constructing a treatment
15work and will be disposing of wastewater in the treatment work of another
16municipality is not eligible for financial assistance under
this section and s. 281.59 17the clean water fund program until it executes an agreement under s. 66.30 with
18another municipality to receive, treat and dispose of the wastewater of the
19unsewered municipality.
AB100, s. 3507
20Section
3507. 281.58 (8) (g) of the statutes is amended to read:
AB100,1411,2321
281.58
(8) (g) The sum of all of the financial assistance to a municipality
22approved under
this section and s. 281.59 the clean water fund program for a project
23may not result in the municipality paying less than 30% of the cost of the project.
AB100, s. 3508
24Section
3508. 281.58 (8) (i) of the statutes is amended to read:
AB100,1412,3
1281.58
(8) (i) After June 30, 1991, no municipality may receive for projects
in
2a biennium an amount that exceeds 35.2% of the amount approved by the legislature
3under s. 281.59
(3) (d) (3e) (b) for that biennium.
AB100, s. 3509
4Section
3509. 281.58 (8) (L) (intro.) of the statutes is amended to read:
AB100,1412,95
281.58
(8) (L) (intro.) The total amount of capital cost loans made under
this
6section and s. 281.59 the clean water fund program may not exceed $120,000,000,
7and no capital cost loan funds may be released under
this section and s. 281.59 the
8clean water fund program until the secretary of administration has found in writing
9that all of the following facts have occurred:
AB100, s. 3510
10Section
3510. 281.58 (8m) (a) of the statutes is amended to read:
AB100,1412,1611
281.58
(8m) (a) A municipality shall submit notice to the department of its
12intent to apply for financial assistance under this section and s. 281.59
in a year no
13later than December 31 of the preceding year. A municipality shall submit the notice
14at least 6 months before the beginning of the fiscal biennium in which it will request
15to receive financial assistance. The notice shall be in a form prescribed by the
16department and the department of administration.
AB100, s. 3511
17Section
3511. 281.58 (8m) (b) of the statutes is repealed.
AB100, s. 3512
18Section
3512. 281.58 (8m) (c) of the statutes is amended to read:
AB100,1412,2019
281.58
(8m) (c) The department may waive par. (a)
or (b) upon the written
20request of a municipality.
AB100, s. 3513
21Section
3513. 281.58 (9) (a) of the statutes is amended to read:
AB100,1413,522
281.58
(9) (a) After the department approves a municipality's facility plan
23submitted under sub. (8s), the municipality shall submit an application for
24participation to the department. The application shall be in such form and include
25such information as the department and the department of administration prescribe
1and shall include design plans and specifications that are approvable by the
2department under this chapter. The department shall review applications for
3participation in the
clean water fund program
under this section and s. 281.59. The
4department shall determine which applications meet the eligibility requirements
5and criteria under subs. (6), (7), (8), (8m) and (13).
AB100, s. 3514
6Section
3514. 281.58 (9) (am) of the statutes is amended to read:
AB100,1413,107
281.58
(9) (am) A municipality may not submit more than one application
8under par. (a)
for any single project in any 12-month period except that this
9paragraph does not apply to applications for financial assistance for additional costs
10of an approved project.
AB100, s. 3515
11Section
3515. 281.58 (9) (b) of the statutes is amended to read:
AB100,1413,1512
281.58
(9) (b) A municipality seeking financial assistance, except for a
13municipality seeking a capital cost loan, for a project under
this section and s. 281.59 14the clean water fund program shall complete an environmental analysis sequence
15as required by the department by rule.
AB100, s. 3516
16Section
3516. 281.58 (9) (c) of the statutes is amended to read:
AB100,1413,2017
281.58
(9) (c) If a municipality is serviced by more than one sewerage district
18for wastewater pollution abatement, each service area of the municipality shall be
19considered a separate municipality for purposes of obtaining financial assistance
20under
this section and s. 281.59 the clean water fund program.
AB100, s. 3517
21Section
3517. 281.58 (9) (e) of the statutes is amended to read:
AB100,1414,622
281.58
(9) (e) If the governor's recommendation, as set forth in the executive
23budget bill, for the amount under s. 281.59
(3) (d)
(3e) (b), the amount available under
24s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85%
25or less of the amount of present value subsidy, general obligation bonding authority
1or revenue bonding authority, respectively, requested for that biennium in the
2biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall
3inform municipalities that, if the governor's recommendations are approved, clean
4water fund
program assistance during a fiscal year of that biennium will only be
5available to municipalities that submit financial assistance applications by the June
630 preceding that fiscal year.
AB100, s. 3518
7Section
3518. 281.58 (9) (f) of the statutes is amended to read:
AB100,1414,98
281.58
(9) (f) The fees collected under par. (d) shall be credited to the
clean
9water environmental improvement fund.
AB100, s. 3519
10Section
3519. 281.58 (9m) (c) of the statutes is amended to read:
AB100,1414,1311
281.58
(9m) (c) The department may approve an application under par. (a) in
12a year only after the amount under s. 281.59
(3) (d)
(3e) (b) for the biennium in which
13that year falls has been approved by the legislature under s. 281.59
(3) (d) (3e) (b).
AB100, s. 3520
14Section
3520. 281.58 (9m) (d) of the statutes is amended to read:
AB100,1414,1715
281.58
(9m) (d) The department may not approve an application under par. (a)
16for a project that is not on the priority list under sub. (8e)
unless the department has
17granted a waiver under sub. (8m) (c) for the project.
AB100, s. 3521
18Section
3521. 281.58 (9m) (e) of the statutes is amended to read:
AB100,1414,2319
281.58
(9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient
20amount of subsidy is available under s. 281.59
(3) (d)
(3e) (b) for the municipality's
21project, based on the calculation under s. 281.59
(3) (i) (3e) (f), when the department
22approves the application under par. (a), the department of administration shall
23allocate that amount to the project.
AB100,1415,224
2. If a sufficient amount of subsidy is not available under s. 281.59
(3) (d) (3e)
25(b) for the municipality's project when the department approves the application
1under subd. 1., the department shall place the project on a list for allocation when
2additional subsidy becomes available.
AB100, s. 3522
3Section
3522. 281.58 (9m) (f) (intro.) of the statutes is amended to read: