SB77, s. 3591
1Section
3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:
SB77,1453,62
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
3implementing the best management practice that is determined by the
4governmental unit submitting the application under sub. (4c) (a) and is approved by
5the board, except as provided under par. (jm) and except that a cost-sharing grant
6may not exceed 70% of the cost of implementing the best management practice.
SB77, s. 3592
7Section
3592. 281.65 (8) (g) of the statutes is repealed.
SB77, s. 3593
8Section
3593. 281.65 (8) (gm) of the statutes is repealed.
SB77, s. 3594
9Section
3594. 281.65 (8) (h) of the statutes is repealed.
SB77, s. 3595
10Section
3595. 281.65 (8) (hm) of the statutes is repealed.
SB77, s. 3596
11Section
3596. 281.65 (8) (i) of the statutes is repealed.
SB77, s. 3597
12Section
3597. 281.65 (8) (j) of the statutes is repealed.
SB77, s. 3598
13Section
3598. 281.65 (8) (jm) of the statutes is amended to read:
SB77,1453,1914
281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
15have been available in a priority watershed or priority lake area for 36 months only
16a reduced grant, which may not exceed a percentage established by the department
17by rule of the cost of implementing the best management practice, may be provided
18to the owner or operator of a site designated as a critical site in a priority watershed
19plan under sub. (5m) or in a modification to such a plan under sub. (5s).
SB77, s. 3599
20Section
3599. 281.65 (8) (m) of the statutes is amended to read:
SB77,1453,2421
281.65
(8) (m) The department may recognize the value of a conservation
22easement created under s. 700.40 (2) and donated to the department, or to any person
23approved by the department, as constituting all or a portion of the landowner's or
24operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
SB77, s. 3600
25Section
3600. 281.75 (16) (d) of the statutes is amended to read:
SB77,1454,4
1281.75
(16) (d) The state is subrogated to the rights of a claimant who obtains
2an award under this section in an amount equal to the award. All moneys recovered
3under this paragraph shall be credited to the environmental fund for environmental
4repair management.
SB77, s. 3601
5Section
3601. 281.85 (intro.) of the statutes is amended to read:
SB77,1454,8
6281.85 Great Lakes protection fund share. (intro.) The department may
7use moneys from the appropriation under s. 20.370
(2)
(4) (ah) for any of the following
8purposes:
SB77, s. 3602
9Section
3602. 281.98 of the statutes is amended to read:
SB77,1454,15
10281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d)
and, 281.75 (19)
11and 281.99 (2), any person who violates this chapter or any rule promulgated or any
12plan approval, license or special order issued under this chapter shall forfeit not less
13than $10 nor more than $5,000 for each violation. Each day of continued violation
14is a separate offense. While an order is suspended, stayed or enjoined, this penalty
15does not accrue.
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16(2) In addition to the penalties provided under sub. (1)
or s. 281.99 (2), the court
17may award the department of justice the reasonable and necessary expenses of the
18investigation and prosecution of
the a violation
of this chapter, including attorney
19fees. The department of justice shall deposit in the state treasury for deposit into the
20general fund all moneys that the court awards to the department or the state under
21this subsection. Ten percent of the money deposited in the general fund that was
22awarded under this subsection for the costs of investigation and the expenses of
23prosecution, including attorney fees, shall be credited to the appropriation account
24under s. 20.455 (1) (gh).
SB77, s. 3603
25Section
3603. 281.99 of the statutes is created to read:
SB77,1455,8
1281.99 Administrative forfeitures for safe drinking water violations.
2(1) The department may directly assess forfeitures in the amounts provided under
3sub. (2) for violations of the safe drinking water program under s. 281.17 (8) or (9).
4If the department determines that a forfeiture should be assessed for a particular
5violation, it shall issue an order under s. 281.19 (2) (a) to the person alleged to have
6committed the violation. The order shall specify the amount of the forfeiture
7assessed, the violation, the rule alleged to have been violated and shall inform the
8licensee of the right to a hearing under sub. (3).
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9(2) (a) The amount of forfeitures that the department may assess under this
10section are as follows:
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1. For water systems that serve a population of more than 10,000 persons, not
12less than $10 and not more than $1,000 for each day of violation, but not more than
13$25,000 in one order.
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2. For water systems that serve a population of 10,000 persons or less, not less
15than $10 and not more than $500 for each day of violation, but not more than $25,000
16in one order.
SB77,1455,1817
(b) The department, in determining the amount of forfeiture that it assesses
18under this section, shall consider the following factors, as appropriate:
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1. The gravity of the violation, including the probability of harm to persons
20served by the water system.
SB77,1455,2321
2. Good faith exercised by the water system owner or operator, including past
22or ongoing efforts to correct problems or achieve compliance with the safe drinking
23water program.
SB77,1455,2424
3. Any previous violations committed by the owner or operator.
SB77,1455,2525
4. The financial benefit to the owner or operator of continuing the violation.
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15. Any other relevant factors.
SB77,1456,32
(c) While an order issued under this section is suspended, stayed or enjoined,
3any forfeiture under this section does not accrue.
SB77,1456,5
4(3) A person may contest an assessment of forfeiture under sub. (1) using the
5procedure under s. 281.19 (8).
SB77,1456,10
6(4) All forfeitures shall be paid to the department within 10 days after receipt
7of the order or, if the forfeiture is contested under sub. (3), within 10 days after receipt
8of the final decision after exhaustion of administrative review, unless the final
9decision is appealed and the order is stayed by court order. The department shall
10remit all forfeitures paid to the state treasurer for deposit in the school fund.
SB77,1456,14
11(5) The attorney general may bring an action in the name of the state to collect
12any forfeiture imposed under this section if the forfeiture has not been paid following
13the exhaustion of all administrative and judicial reviews. The only issue to be
14contested in the action shall be whether the forfeiture has been paid.
SB77,1456,15
15(6) Section 893.80 does not apply to actions commenced under this section.
SB77, s. 3604
16Section
3604. 283.31 (7) of the statutes is amended to read:
SB77,1456,2317
283.31
(7) The holder of a permit under this section shall pay $100 to the
18department as a groundwater fee on January 1 if the permittee discharges effluent
19on land or if the permittee produces sludge from a treatment work which is disposed
20of on land. If the permittee discharges effluent on land and disposes of sludge from
21a treatment work on land, the permittee shall pay $200 to the department as a
22groundwater fee on January 1. The moneys collected under this subsection shall be
23credited to the environmental fund for
groundwater
environmental management.
SB77, s. 3605
24Section
3605. 283.33 (9) (c) of the statutes is amended to read:
SB77,1457,2
1283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
2appropriation under s. 20.370
(2) (4) (bj).
SB77, s. 3606
3Section
3606. 283.84 of the statutes is created to read:
SB77,1457,8
4283.84 Trading of water pollution credits. (1) The department shall
5administer at least one pilot project to evaluate the trading of water pollution credits.
6A pilot project may authorize a person required to obtain a permit to increase the
7discharge of pollutants above levels that would otherwise be authorized in the permit
8if the person does one of the following:
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(a) Reaches an agreement with another person who is required to obtain a
10permit under which the other person agrees to reduce the discharge of pollutants in
11the project area below the levels that would otherwise be authorized in the other
12person's permit.
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(b) Reaches an agreement with another person who is not required to obtain
14a permit under which the other person agrees to reduce the amount of water
15pollution that it causes in the project area below the levels of water pollution that it
16causes in the project area when the agreement is reached.
SB77,1457,2017
(c) Reaches an agreement with the department or a local governmental unit,
18as defined in s. 16.97 (7), under which the person pays money to the department or
19local governmental unit and the department or local governmental unit uses the
20money to reduce water pollution in the project area.
SB77,1457,22
21(2) The department may select a watershed or water basin as a project area
22under this section only if all of the following apply:
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(a) The watershed or water basin contains at least one impaired water body
24that the department has identified to the federal environmental protection agency
25under
33 USC 1313 (d) (1) (A).
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1(b) The watershed or water basin includes both agricultural and municipal
2sources of water pollution and both point sources and nonpoint sources.
SB77,1458,43
(c) Potential participants located in the watershed or water basin exhibit an
4interest in participating in a pilot project.
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5(3) 1. The department shall appoint a local committee for each pilot project to
6advise the department concerning the pilot project. The local committee shall
7include a representative of each person in the project area who holds a permit.
SB77,1458,98
2. A committee appointed under s. 281.65 (4) (dr) satisfies the requirement
9under subd. 1. if it includes the members required under subd. 1.
SB77,1458,11
10(4) The department shall amend the permits of persons entering into
11agreements under sub. (1) to enable the agreements to be implemented.
SB77,1458,16
12(5) Beginning no later than September 1, 1998, and annually thereafter, the
13department shall report to the governor, the secretary of administration and the land
14and water conservation board on the progress and status of each pilot project in
15achieving water quality goals and coordinating state and local efforts to improve
16water quality.
SB77, s. 3607
17Section
3607. 285.30 (5) (i) of the statutes is amended to read:
SB77,1458,1918
285.30
(5) (i) A farm truck as defined in s. 340.01 (18) (a).
This paragraph does
19not apply after June 30, 1996.
SB77, s. 3608
20Section
3608. 285.31 (5) of the statutes is repealed.
SB77, s. 3609
21Section
3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and
22amended to read:
SB77,1458,2323
285.59
(1) (title)
Definition Definitions. In this section
, "ozone-depleting:
SB77,1458,24
24(a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
SB77, s. 3610
25Section
3610. 285.59 (1) (b) of the statutes is created to read:
SB77,1459,7
1285.59
(1) (b) "State agency" means any office, department, agency, institution
2of higher education, association, society or other body in state government created
3or authorized to be created by the constitution or any law which is entitled to expend
4moneys appropriated by law, including the legislature and the courts, the Wisconsin
5Housing and Economic Development Authority, the Bradley Center Sports and
6Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
7Authority and the Wisconsin Health and Educational Facilities Authority.
SB77, s. 3611
8Section
3611. 285.59 (2) (intro.) of the statutes is amended to read:
SB77,1459,149
285.59
(2) Salvaging refrigeration equipment. (intro.) After June 30, 1992,
10except as provided in sub. (3), no person, including a state agency,
as defined in s.
11234.75 (10), may perform salvaging or dismantling of mechanical vapor compression
12refrigeration equipment in the course of which ozone-depleting refrigerant is or may
13be released or removed unless the person certifies all of the following to the
14department:
SB77, s. 3612
15Section
3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:
SB77,1459,1816
285.69
(2) (c) (intro.) The fees collected under par. (a) shall be credited to the
17appropriations under s. 20.370 (2) (bg)
and, (3) (bg), (8) (mg)
and (9) (mh) for the
18following:
SB77, s. 3613
19Section
3613. 285.69 (3) of the statutes is amended to read:
SB77,1460,220
285.69
(3) Asbestos inspection fees. The department may promulgate rules
21for the payment and collection of fees for inspecting nonresidential asbestos
22demolition and renovation projects regulated by the department. The fees under this
23subsection may not exceed $200 per project. The fees collected under this subsection
24shall be credited to the appropriation under s. 20.370 (2)
(ei) (bi) for the direct and
1indirect costs of conducting inspections of nonresidential asbestos demolition and
2inspection projects regulated by the department.
SB77, s. 3614
3Section
3614. 287.09 (3) (b) of the statutes is amended to read:
SB77,1460,134
287.09
(3) (b) Adopt an ordinance to enforce the program established under
5sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for
6violations of that ordinance. The ordinance may authorize the responsible unit or
7person designated under par. (a) to refuse to accept solid waste at the recycling
8facility or site if the solid waste is a container for
an industrial pesticide, as defined
9in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s.
94.68 (3) (a) 2. 94.681
10(1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible.
11The ordinance may require a person to use a facility for the recycling of solid waste
12or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only
13as provided under s. 287.13.
SB77, s. 3615
14Section
3615. 287.23 (5) (c) 1. of the statutes is repealed.
SB77, s. 3616
15Section
3616. 287.23 (5) (c) 2. of the statutes is amended to read:
SB77,1460,1916
287.23
(5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other
17responsible units, the amount of the grant for 1993 through
1997 1999 equals either
1866% of the difference between eligible expenses and avoided disposal costs or $8
19times the population of the responsible unit, whichever is less.
SB77, s. 3617
20Section
3617. 287.23 (5) (c) 3. of the statutes is repealed.
SB77, s. 3618
21Section
3618. 287.23 (5) (c) 4. of the statutes is repealed.
SB77, s. 3619
22Section
3619. 287.23 (5) (c) 5. of the statutes is amended to read:
SB77,1460,2423
287.23
(5) (c) 5. If the amount calculated under subd.
1., 2.
, 3. or 4. is less than
2433% of eligible expenses, the grant equals 33% of eligible expenses.
SB77, s. 3620
25Section
3620. 287.23 (5e) of the statutes is amended to read:
SB77,1461,6
1287.23
(5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.,
23. or 4., to pay $8 times the population of all of the responsible units that are entitled
3to that amount, the department shall distribute the funds so that each responsible
4unit that would be entitled to $6 times its population if the per person amount in sub.
5(5) (c) 2.
, 3. or 4. were $6 receives $6 times its population and shall prorate the
6remaining funds.
SB77, s. 3621
7Section
3621. 287.41 (3) of the statutes is amended to read:
SB77,1461,128
287.41
(3) The board shall submit quarterly progress reports to the appropriate
9standing committees of the legislature, as determined by the presiding officer of each
10house, under s. 13.172 (3), describing the board's progress in implementing the
11strategic plan and how the board's technical assistance,
awarding of financial
12assistance and other activities conform to the strategic plan.
SB77, s. 3622
13Section
3622. 287.42 (2s) of the statutes is repealed.
SB77, s. 3623
14Section
3623. 287.42 (5) of the statutes is amended to read:
SB77,1461,1915
287.42
(5) In consultation with the council on recycling, annually Annually 16establish a list of materials recovered from solid waste for which financial assistance
17may be provided under this subchapter, which shall include the materials specified
18in s. 287.07 (3), based on the board's analysis of current and future markets for
19materials recovered from solid waste.
SB77, s. 3624
20Section
3624. 287.44 (1) of the statutes is amended to read:
SB77,1461,2121
287.44
(1) Provide Award financial assistance under s. 287.46.
SB77, s. 3625
22Section
3625. 287.44 (2) of the statutes is amended to read:
SB77,1461,2523
287.44
(2) Fund Award funding for research concerning markets for recovered
24materials and the development of markets for recovered materials to maintain
25present markets or to create new or expanded markets.
SB77, s. 3626
1Section
3626. 287.44 (3) of the statutes is amended to read:
SB77,1462,32
287.44
(3) Fund Award funding for research to improve the recovery,
3processing or distribution of a recovered material.
SB77, s. 3627
4Section
3627. 287.46 (1) of the statutes is amended to read: