SB77: Bill Text

SB77,1448,3 2. If a lake is designated as a priority lake before the board acts under subd. 1. and the board does not identify the lake as a priority lake under subd. 1., the board shall terminate the lake's designation as a priority lake.

SB77,1448,7 (c) If the board terminates a priority watershed or priority lake designation under this subsection, the board shall review the status of the project in the priority watershed or priority lake area and direct the department to continue, modify or eliminate funding for the project.

SB77, s. 3579 Section 3579. 281.65 (4) (c) of the statutes is repealed and recreated to read:

SB77,1448,13 281.65 (4) (c) Prepare a list of the watersheds in this state in order of the level of impairment of the waters in each watershed caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.

SB77, s. 3580 Section 3580. 281.65 (4) (cd) of the statutes is repealed and recreated to read:

SB77,1448,19 281.65 (4) (cd) Prepare a list of the lakes in this state in order of the level of impairment of the waters in the lakes caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.

SB77, s. 3581 Section 3581. 281.65 (4) (dm) of the statutes is amended to read:

SB77,1448,23 281.65 (4) (dm) Establish water quality objectives for each water basin and for each priority watershed and priority lake and identify the best management practices to achieve the water quality objectives.

SB77, s. 3582 Section 3582. 281.65 (4) (e) of the statutes is amended to read:

SB77,1449,15 281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

SB77, s. 3583 Section 3583. 281.65 (4) (em) of the statutes is created to read:

SB77,1449,22 281.65 (4) (em) In identifying best management practices under pars. (dm) and (g) 4., identify cost-effective best management practices, as specified under par. (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77, s. 3584 Section 3584. 281.65 (4) (g) (intro.) of the statutes is amended to read:

SB77,1450,4 281.65 (4) (g) (intro.) In cooperation with the department of agriculture, trade and consumer protection and the appropriate governmental unit, prepare priority watershed and priority lakes plans to implement nonpoint source water pollution abatement projects and storm water control activities described in sub. (8c) in priority watersheds and priority lake areas, as designated under sub. (3) (am) or (4) (cm). In preparing the plans, the department shall:

SB77, s. 3585 Section 3585. 281.65 (4) (L) of the statutes is created to read:

SB77,1450,10 281.65 (4) (L) Before September 1 of each year, in consultation with the department of agriculture, trade and consumer protection, submit a budget report to the board that includes anticipated expenditures for projects under this section during the next year, criteria for ending projects under this section and, if anticipated expenditures exceed anticipated funding, a plan for reducing expenditures.

SB77, s. 3586 Section 3586. 281.65 (4c) of the statutes is created to read:

SB77,1450,16 281.65 (4c) (a) Beginning on July 1, 1998, a governmental unit may request funding for a priority watershed project, a priority lake project or a nonpoint source water pollution abatement project that is not in a priority watershed or a priority lake area by submitting an application to the board. An application shall be submitted before July 15 to be considered for initial funding in the following year.

SB77,1450,20 (b) The department, in consultation with the department of agriculture, trade and consumer protection, shall use the system approved under par. (e) to determine the score of each project for which the board receives an application under par. (a) and shall inform the board of the scores no later than September 1 of each year.

SB77,1450,24 (c) After receiving project scores under par. (b) and before November 1 of each year, the board shall select projects for funding under this section in the following year. To the extent practicable, within the requirements of this section, the board shall select projects so that projects are distributed evenly around this state.

SB77,1451,5 (d) No later than April 1, 1998, the department, in consultation with the department of agriculture, trade and consumer protection, shall propose to the board a scoring system for ranking nonpoint source water pollution abatement projects for which applications are submitted under par. (a). The criteria on which the scoring system is based shall include all of the following:

SB77,1451,7 1. The extent to which the application proposes to use the cost-effective and appropriate best management practices to achieve water quality goals.

SB77,1451,10 2. The existence in the project area of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77,1451,12 3. The extent to which the project will result in the attainment of established water quality objectives.

SB77,1451,13 4. The local interest in and commitment to the project.

SB77,1451,16 5. The inclusion of a strategy to evaluate the progress toward reaching project goals, including the monitoring of water quality improvements resulting from project activities.

SB77,1451,20 (e) The board shall review the scoring system proposed under par. (d) and shall approve the system as submitted or shall modify and approve the system. The board shall review the system at least once every 2 years and may require the department to submit a revised system after a review.

SB77, s. 3587 Section 3587. 281.65 (4g) of the statutes is amended to read:

SB77,1451,25 281.65 (4g) The department may contract with any person from the appropriations appropriation account under s. 20.370 (6) (aa) and (4) (at) for services to administer or implement this section, including information and education and training services.

SB77, s. 3588 Section 3588. 281.65 (5) (b) of the statutes is amended to read:

SB77,1452,11 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and 92.105, animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under sub. (4m) (b). The best management practices shall be cost-effective best management practices, as specified under sub. (4) (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77, s. 3589 Section 3589. 281.65 (8) (cm) of the statutes is amended to read:

SB77,1452,16 281.65 (8) (cm) Grants may be provided from the appropriations under s. 20.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the projects are in conformance with areawide water quality management plans and the purposes specified under sub. (1).

SB77, s. 3590 Section 3590. 281.65 (8) (e) of the statutes is amended to read:

SB77,1452,25 281.65 (8) (e) Except as provided in sub. (8c), grants may only be used for implementing best management practices. Grants for implementing best management practices may only be used for implementing cost-effective best management practices specified under sub. (4) (e) unless an applicant demonstrates that the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77, s. 3591 Section 3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:

SB77,1453,6 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the governmental unit submitting the application under sub. (4c) (a) and is approved by the board, except as provided under par. (jm) and except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice.

SB77, s. 3592 Section 3592. 281.65 (8) (g) of the statutes is repealed.

SB77, s. 3593 Section 3593. 281.65 (8) (gm) of the statutes is repealed.

SB77, s. 3594 Section 3594. 281.65 (8) (h) of the statutes is repealed.

SB77, s. 3595 Section 3595. 281.65 (8) (hm) of the statutes is repealed.

SB77, s. 3596 Section 3596. 281.65 (8) (i) of the statutes is repealed.

SB77, s. 3597 Section 3597. 281.65 (8) (j) of the statutes is repealed.

SB77, s. 3598 Section 3598. 281.65 (8) (jm) of the statutes is amended to read:

SB77,1453,19 281.65 (8) (jm) Notwithstanding pars. par. (f) to (h), after cost-sharing grants have been available in a priority watershed or priority lake area for 36 months only a reduced grant, which may not exceed a percentage established by the department by rule of the cost of implementing the best management practice, may be provided to the owner or operator of a site designated as a critical site in a priority watershed plan under sub. (5m) or in a modification to such a plan under sub. (5s).

SB77, s. 3599 Section 3599. 281.65 (8) (m) of the statutes is amended to read:

SB77,1453,24 281.65 (8) (m) The department may recognize the value of a conservation easement created under s. 700.40 (2) and donated to the department, or to any person approved by the department, as constituting all or a portion of the landowner's or operator's share of a cost-sharing grant as determined under pars. par. (f) to (h).

SB77, s. 3600 Section 3600. 281.75 (16) (d) of the statutes is amended to read:

SB77,1454,4 281.75 (16) (d) The state is subrogated to the rights of a claimant who obtains an award under this section in an amount equal to the award. All moneys recovered under this paragraph shall be credited to the environmental fund for environmental repair management.

SB77, s. 3601 Section 3601. 281.85 (intro.) of the statutes is amended to read:

SB77,1454,8 281.85 Great Lakes protection fund share. (intro.) The department may use moneys from the appropriation under s. 20.370 (2) (4) (ah) for any of the following purposes:

SB77, s. 3602 Section 3602. 281.98 of the statutes is amended to read:

SB77,1454,15 281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d) and, 281.75 (19) and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

SB77,1454,24 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB77, s. 3603 Section 3603. 281.99 of the statutes is created to read:

SB77,1455,8 281.99 Administrative forfeitures for safe drinking water violations. (1) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of the safe drinking water program under s. 281.17 (8) or (9). If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) to the person alleged to have committed the violation. The order shall specify the amount of the forfeiture assessed, the violation, the rule alleged to have been violated and shall inform the licensee of the right to a hearing under sub. (3).

SB77,1455,10 (2) (a) The amount of forfeitures that the department may assess under this section are as follows:

SB77,1455,13 1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not more than $1,000 for each day of violation, but not more than $25,000 in one order.

SB77,1455,16 2. For water systems that serve a population of 10,000 persons or less, not less than $10 and not more than $500 for each day of violation, but not more than $25,000 in one order.

SB77,1455,18 (b) The department, in determining the amount of forfeiture that it assesses under this section, shall consider the following factors, as appropriate:

SB77,1455,20 1. The gravity of the violation, including the probability of harm to persons served by the water system.

SB77,1455,23 2. Good faith exercised by the water system owner or operator, including past or ongoing efforts to correct problems or achieve compliance with the safe drinking water program.

SB77,1455,24 3. Any previous violations committed by the owner or operator.

SB77,1455,25 4. The financial benefit to the owner or operator of continuing the violation.

SB77,1456,1 5. Any other relevant factors.

SB77,1456,3 (c) While an order issued under this section is suspended, stayed or enjoined, any forfeiture under this section does not accrue.

SB77,1456,5 (3) A person may contest an assessment of forfeiture under sub. (1) using the procedure under s. 281.19 (8).

SB77,1456,10 (4) All forfeitures shall be paid to the department within 10 days after receipt of the order or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

SB77,1456,14 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in the action shall be whether the forfeiture has been paid.

SB77,1456,15 (6) Section 893.80 does not apply to actions commenced under this section.

SB77, s. 3604 Section 3604. 283.31 (7) of the statutes is amended to read:

SB77,1456,23 283.31 (7) The holder of a permit under this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

SB77, s. 3605 Section 3605. 283.33 (9) (c) of the statutes is amended to read:

SB77,1457,2 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (2) (4) (bj).

SB77, s. 3606 Section 3606. 283.84 of the statutes is created to read:

SB77,1457,8 283.84 Trading of water pollution credits. (1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. A pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:

SB77,1457,12 (a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.

SB77,1457,16 (b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.

SB77,1457,20 (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

SB77,1457,22 (2) The department may select a watershed or water basin as a project area under this section only if all of the following apply:

SB77,1457,25 (a) The watershed or water basin contains at least one impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77,1458,2 (b) The watershed or water basin includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.

SB77,1458,4 (c) Potential participants located in the watershed or water basin exhibit an interest in participating in a pilot project.

SB77,1458,7 (3) 1. The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include a representative of each person in the project area who holds a permit.

SB77,1458,9 2. A committee appointed under s. 281.65 (4) (dr) satisfies the requirement under subd. 1. if it includes the members required under subd. 1.

SB77,1458,11 (4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.

SB77,1458,16 (5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.

SB77, s. 3607 Section 3607. 285.30 (5) (i) of the statutes is amended to read:

SB77,1458,19 285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does not apply after June 30, 1996.