Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,228,4 (e) "Poultry facility" means a facility at which chickens or turkeys are kept.

SB45-SSA1-SA1,228,6 (f) "Sample population" means one or more birds chosen randomly for every 100 animal units kept at a facility.

SB45-SSA1-SA1,228,8 (2) Prohibitions. A covered operator may not do any of the following unless the covered operator complies with sub. (3):

SB45-SSA1-SA1,228,13 (a) Operate a covered facility if the covered facility is within 6.2 miles of one or more places, owned or operated by another person, at which a total of 10,000 or more of any species of poultry are kept and at which a total of 10,000 or more of any species of poultry were kept before the number of animal units at the covered facility reached 1,000.

SB45-SSA1-SA1,228,20 (b) Spread or compost chicken or turkey manure, transport live or dead chickens or turkeys or store or compost dead chickens or turkeys or chicken or turkey by-products, any of which originate at a covered facility, within 2 miles of a place at which poultry are kept by another person that keeps a total of 10,000 or more of any species of poultry if that person kept poultry at that place, and kept a total of 10,000 or more of any species of poultry, before the number of animal units at the covered facility reached 1,000.

SB45-SSA1-SA1,228,22 (3) Requirements. A covered operator complies with this subsection with respect to a covered facility if all of the following apply:

SB45-SSA1-SA1,228,25 (a) The covered operator populates the covered facility only with chickens or turkeys that have been designated mycoplasma gallisepticum clean started and mycoplasma synoviae clean started under 9 CFR 145.24 (f) and (g).

SB45-SSA1-SA1,229,4 (b) The covered operator obtains blood samples from a sample population at the covered facility at least once every 180 days and has a poultry diagnostic laboratory, certified under s. 93.12, conduct a serological test that is approved by the department to detect the presence of mycoplasma gallisepticum and mycoplasma synoviae.

SB45-SSA1-SA1,229,8 (c) The covered operator has a poultry diagnostic laboratory, certified by the department under s. 93.12, conduct a confirmatory test within 10 days of receipt of the results of a test performed under par. (b) if those results indicate the presence of mycoplasma gallisepticum or mycoplasma synoviae.

SB45-SSA1-SA1,229,11 (d) The covered operator transmits the results of tests conducted under pars. (b) and (c) to the department and to any affected party by 1st class mail within 5 days of receipt.

SB45-SSA1-SA1,229,15 (e) Upon the order of the department under sub. (4) (a), the covered operator slaughters all poultry kept at the covered facility, disinfects all areas where the poultry have been kept and keeps those areas vacant of poultry for not less than 14 days after the date of disinfection.

SB45-SSA1-SA1,229,17 (f) The covered operator prepares and submits to the department a plan to prevent the spread of poultry disease that includes all of the following:

SB45-SSA1-SA1,229,18 1. Clothing policies for employes.

SB45-SSA1-SA1,229,19 2. Showering policies for employes.

SB45-SSA1-SA1,229,20 3. Policies for disinfection of equipment.

SB45-SSA1-SA1,229,21 4. Policies for the daily disposal of dead poultry.

SB45-SSA1-SA1,229,23 5. Policies relating to vendors from whom the covered operator obtains products or services.

SB45-SSA1-SA1,229,24 6. Policies for fencing and signs at the covered facility.

SB45-SSA1-SA1,229,25 7. Isolation and sanitation procedures.

SB45-SSA1-SA1,230,1 8. Policies for disinfecting structures in which poultry are kept.

SB45-SSA1-SA1,230,2 9. Policies concerning vaccination and medication of poultry.

SB45-SSA1-SA1,230,3 10. Manure handling policies.

SB45-SSA1-SA1,230,4 11. Policies concerning the transportation of poultry.

SB45-SSA1-SA1,230,5 12. Policies for employe training and accountability of employes.

SB45-SSA1-SA1,230,7 (g) The covered operator obtains the approval of the department for the plan under par. (f).

SB45-SSA1-SA1,230,9 (h) The covered operator maintains records of the results of each test under pars. (b) and (c) for 5 years after the test is conducted.

SB45-SSA1-SA1,230,13 (4) Duties of the department. (a) If the department determines that the results of a test under sub. (3) (c) indicate the presence of mycoplasma gallisepticum or mycoplasma synoviae, the department shall immediately order the slaughter of all poultry kept at the covered facility and supervise the disposal of the carcasses.

SB45-SSA1-SA1,230,16 (b) The department shall review and approve, disapprove or conditionally approve plans submitted under sub. (3) (f). The department may require any revision to such a plan that the department determines is appropriate.

SB45-SSA1-SA1,230,20 (c) The department shall retain a copy of the results of each test under sub. (3) (b) and (c) for at least 5 years after the test is conducted. The department shall retain a copy of a plan approved under par. (b) while the plan is in effect and for at least 5 years after the plan ceases to be in effect.

SB45-SSA1-SA1,230,23 (5) No indemnification. Notwithstanding s. 95.31 (3) and (4), a covered operator is not eligible for indemnification for poultry ordered to be slaughtered under sub. (4) (a).

SB45-SSA1-SA1,231,3 (6) Penalty. Any person that violates this section or an order issued under this section may be required to forfeit not less than $5,000 nor more than $1,000,000 for each violation.

SB45-SSA1-SA1,231,6 (7) Enforcement. (a) The department may bring an action to recover a forfeiture under sub. (6) or to seek an injunction restraining the violation of this section or an order issued under this section.

SB45-SSA1-SA1,231,11 (b) An affected party that is injured or threatened with injury by a violation of this section or an order issued under this section may bring an action for a temporary or permanent injunction or damages. The action may not be commenced until 15 days after the day on which the affected party notifies the department and the person alleged to be in violation of the intent to bring the action.

SB45-SSA1-SA1,231,14 (c) An affected party that obtains an injunction or is awarded damages under par. (b) may recover costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.".

SB45-SSA1-SA1,231,15 831. Page 1017, line 24: after that line insert:

SB45-SSA1-SA1,231,16 " Section 1975m. 101.09 (2) (cm) of the statutes is created to read:

SB45-SSA1-SA1,231,21 101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that have a capacity of less than 1,100 gallons and that are used to store heating oil for residential, consumptive use on the premises where stored.".

SB45-SSA1-SA1,231,22 832. Page 1018, line 14: after that line insert:

SB45-SSA1-SA1,231,23 " Section 1977m. 101.1205 (5m) of the statutes is amended to read:

SB45-SSA1-SA1,232,6 101.1205 (5m) Notwithstanding subs. (1) and (5), a county, city, village or town that has in effect on January 1, 1994, may administer and enforce an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1).".

SB45-SSA1-SA1,232,8 833. Page 1019, line 4: delete the material beginning with that line and ending with page 1031, line 23, and substitute:

SB45-SSA1-SA1,232,9 " Section 1979pm. 101.143 (1) (bm) of the statutes is created to read:

SB45-SSA1-SA1,232,11 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).

SB45-SSA1-SA1, s. 1979rm Section 1979rm. 101.143 (1) (cq) of the statutes is created to read:

SB45-SSA1-SA1,232,15 101.143 (1) (cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.

SB45-SSA1-SA1, s. 1980cm Section 1980cm. 101.143 (2) (h) of the statutes is created to read:

SB45-SSA1-SA1,232,20 101.143 (2) (h) The department of commerce, in consultation with the department of natural resources, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

SB45-SSA1-SA1,232,23 1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under sub. (3) but for which a final claim has not been submitted.

SB45-SSA1-SA1,232,24 2. Formats for submitting the information under subd. 1.

SB45-SSA1-SA1,233,3 3. Review procedures that must be followed by employes of the department of natural resources and the department of commerce in reviewing the information under subd. 1.

SB45-SSA1-SA1, s. 1981cm Section 1981cm. 101.143 (2) (i) of the statutes is created to read:

SB45-SSA1-SA1,233,10 101.143 (2) (i) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying procedures for evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the department of commerce and the department of natural resources while remedial actions are being conducted. The department of commerce shall specify procedures that include all of the following for ongoing remedial actions:

SB45-SSA1-SA1,233,12 1. Annual reviews that include application of the method under sub. (2e) (a) to determine the risk posed by discharges that are the subject of the remedial actions.

SB45-SSA1-SA1,233,14 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1981em Section 1981em. 101.143 (2) (j) of the statutes is created to read:

SB45-SSA1-SA1,233,18 101.143 (2) (j) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying all of the following:

SB45-SSA1-SA1,233,20 1. The conditions under which employes of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

SB45-SSA1-SA1,233,22 2. Training and management procedures to ensure that employes comply with the requirements under subd. 1.

SB45-SSA1-SA1, s. 1982cm Section 1982cm. 101.143 (2e) of the statutes is created to read:

SB45-SSA1-SA1,234,4 101.143 (2e) Risk-based analysis. (a) The department of commerce, in consultation with the department of natural resources, shall promulgate rules specifying a method, which shall include consideration of the routes for migration of petroleum product contamination, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

SB45-SSA1-SA1,234,8 (b) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

SB45-SSA1-SA1, s. 1983bm Section 1983bm. 101.143 (3) (c) 2. of the statutes is amended to read:

SB45-SSA1-SA1,234,12 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

SB45-SSA1-SA1, s. 1983f Section 1983f. 101.143 (3) (cg) of the statutes is created to read:

SB45-SSA1-SA1,234,21 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may not begin remedial action under par. (c) 3. with respect to a discharge without the approval of the department of commerce and the department of natural resources. The department of commerce and the department of natural resources shall jointly determine when it is appropriate to begin remedial action with respect to a discharge based on the determination of risk under sub. (2e) (b) for the discharge and the availability of funds to pay awards under sub. (4).

SB45-SSA1-SA1,234,25 2. Subdivision 1. does not apply if the discharge is from a home oil tank system, a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum product storage system that is owned by a school district and that is used for storing heating oil for consumptive use on the premises where stored.

SB45-SSA1-SA1,235,2 3. Subdivision 1. does not apply to remedial action in response to an emergency if par. (g) applies.

SB45-SSA1-SA1,235,5 4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd. 1. applies is not required to begin remedial action under par. (c) 3. until the owner or operator receives approval under subd. 1.

SB45-SSA1-SA1, s. 1983mm Section 1983mm. 101.143 (3) (cm) of the statutes is amended to read:

SB45-SSA1-SA1,235,12 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation attenuation of petroleum product contamination.

SB45-SSA1-SA1, s. 1983tm Section 1983tm. 101.143 (3) (cp) of the statutes is created to read:

SB45-SSA1-SA1,235,19 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 4., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

SB45-SSA1-SA1,235,23 2. The department of commerce may not implement the process under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

SB45-SSA1-SA1,236,2 3. The department of commerce may not implement the process under subd. 1. if the department of natural resources waives the requirement on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

SB45-SSA1-SA1,236,5 4. The department of commerce may not implement the process under subd. 1. if the secretary of natural resources waives the requirement after providing notice to the secretary of commerce.

SB45-SSA1-SA1, s. 1984cm Section 1984cm. 101.143 (3) (cs) of the statutes is created to read:

SB45-SSA1-SA1,236,14 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,236,21 2. The department of natural resources and the department of commerce shall review the remedial action plan for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,236,24 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1984m Section 1984m. 101.143 (3) (cw) of the statutes is created to read:

SB45-SSA1-SA1,237,8 101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,237,17 2. The department of natural resources and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,237,20 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1985bm Section 1985bm. 101.143 (3) (d) of the statutes is amended to read:

SB45-SSA1-SA1,238,6 101.143 (3) (d) Review of site investigations, remedial action plans and Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB45-SSA1-SA1, s. 1985em Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 101.143 (3) (g) and amended to read:

SB45-SSA1-SA1,238,17 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if any of the following apply: 1. An an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of natural resources of the emergency and the department of natural resources authorized emergency action.

SB45-SSA1-SA1, s. 1985fm Section 1985fm. 101.143 (3) (g) 2. of the statutes is repealed.

SB45-SSA1-SA1, s. 1985mm Section 1985mm. 101.143 (4) (b) (intro.) of the statutes is amended to read: