SB77: Bill Text

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.

SB77, s. 3608 Section 3608. 285.31 (5) of the statutes is repealed.

SB77, s. 3609 Section 3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and amended to read:

SB77,1458,23 285.59 (1) (title) Definition Definitions. In this section, "ozone-depleting:

SB77,1458,24 (a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

SB77, s. 3610 Section 3610. 285.59 (1) (b) of the statutes is created to read:

SB77,1459,7 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

SB77, s. 3611 Section 3611. 285.59 (2) (intro.) of the statutes is amended to read:

SB77,1459,14 285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

SB77, s. 3612 Section 3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:

SB77,1459,18 285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the following:

SB77, s. 3613 Section 3613. 285.69 (3) of the statutes is amended to read:

SB77,1460,2 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

SB77, s. 3614 Section 3614. 287.09 (3) (b) of the statutes is amended to read:

SB77,1460,13 287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

SB77, s. 3615 Section 3615. 287.23 (5) (c) 1. of the statutes is repealed.

SB77, s. 3616 Section 3616. 287.23 (5) (c) 2. of the statutes is amended to read:

SB77,1460,19 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

SB77, s. 3617 Section 3617. 287.23 (5) (c) 3. of the statutes is repealed.

SB77, s. 3618 Section 3618. 287.23 (5) (c) 4. of the statutes is repealed.

SB77, s. 3619 Section 3619. 287.23 (5) (c) 5. of the statutes is amended to read:

SB77,1460,24 287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.

SB77, s. 3620 Section 3620. 287.23 (5e) of the statutes is amended to read:

SB77,1461,6 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2., 3. or 4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the remaining funds.

SB77, s. 3621 Section 3621. 287.41 (3) of the statutes is amended to read:

SB77,1461,12 287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

SB77, s. 3622 Section 3622. 287.42 (2s) of the statutes is repealed.

SB77, s. 3623 Section 3623. 287.42 (5) of the statutes is amended to read:

SB77,1461,19 287.42 (5) In consultation with the council on recycling, annually Annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

SB77, s. 3624 Section 3624. 287.44 (1) of the statutes is amended to read:

SB77,1461,21 287.44 (1) Provide Award financial assistance under s. 287.46.

SB77, s. 3625 Section 3625. 287.44 (2) of the statutes is amended to read:

SB77,1461,25 287.44 (2) Fund Award funding for research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.

SB77, s. 3626 Section 3626. 287.44 (3) of the statutes is amended to read:

SB77,1462,3 287.44 (3) Fund Award funding for research to improve the recovery, processing or distribution of a recovered material.

SB77, s. 3627 Section 3627. 287.46 (1) of the statutes is amended to read:

SB77,1462,10 287.46 (1) The board may provide award financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided awarded by the board, and by a recipient of financial assistance from awarded by the board, may include grants, loans and manufacturing rebates.

SB77, s. 3628 Section 3628. 287.46 (3) of the statutes is amended to read:

SB77,1462,17 287.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board be repaid to the department of commerce. The board department of commerce shall credit any funds received under this subsection to the appropriation account under s. 20.143 (1) (L).

SB77, s. 3629 Section 3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and amended to read:

SB77,1462,23 287.46 (4) (b) In any biennium, the board department of commerce may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

SB77, s. 3630 Section 3630. 287.46 (4) (a) of the statutes is created to read:

SB77,1463,5 287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).

SB77, s. 3631 Section 3631. 287.48 of the statutes is repealed.

SB77, s. 3632 Section 3632. 287.49 of the statutes is repealed.