SB45: Bill Text

SB45,1148,12 254.45 Penalties. (1) General. (a) Any person who violates this subchapter or a rule promulgated under this subchapter or a condition of a license or registration issued by the department under this subchapter may be required to forfeit not less than $100 nor more than $100,000. Each day of continued violation constitutes a separate offense.

SB45,1148,14 (b) The amount of the forfeiture assessed under par. (a) shall be determined by considering all of the following:

SB45,1148,15 1. The wilfulness of the violation.

SB45,1148,18 2. The person's previous violations, if any, of this subchapter, rules promulgated under this subchapter or conditions of a license or registration issued by the department under this subchapter.

SB45,1148,20 3. The potential danger or actual or potential injury to the environment or to public health caused by the violation.

SB45,1148,21 4. The actual or potential costs of the damage or injury caused by the violation.

SB45,1149,2 (2) Assessment of forfeitures; notice. The department may directly assess forfeitures provided for in sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the person. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated and shall inform the person of the right to hearing under sub. (3).

SB45,1149,12 (3) Hearing. A person upon whom a forfeiture is imposed may contest the action by sending, within 10 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

SB45,1149,19 (4) Forfeiture payment and disposition. (a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days after receipt of the notice under sub. (2) or, if the person contests the assessment, within 10 days after receipt of the final decision after exhaustion of administrative review. If the person petitions for judicial review under ch. 227, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.

SB45,1149,21 (b) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

SB45,1149,25 (5) Enforcement. 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 as required under sub. (4). The only issue to be contested in an action under this subsection is whether the forfeiture has been paid.

SB45, s. 2486 Section 2486. 255.05 (1) (a) of the statutes is amended to read:

SB45,1150,5 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.

SB45, s. 2487 Section 2487. 281.01 (15) of the statutes is amended to read:

SB45,1150,16 281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

SB45, s. 2488 Section 2488. 281.165 of the statutes is created to read:

SB45,1150,25 281.165 Compliance with water quality standards for wetlands. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the following requirements:

SB45,1151,2 (1) The wetland area that will be affected by the activity is less than 15 acres in size.

SB45,1151,4 (2) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

SB45,1151,6 (3) The site of the activity is within the corporate limits of a city on January 1, 1999.

SB45,1151,9 (4) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

SB45,1151,10 (5) The site of the activity is located in Trempealeau County.

SB45, s. 2489 Section 2489. 281.17 (3) of the statutes is amended to read:

SB45,1152,6 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, or for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

SB45, s. 2490 Section 2490. 281.48 (5) (a) 4. of the statutes is amended to read:

SB45,1152,9 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.245 (3).

SB45, s. 2491 Section 2491. 281.58 (1) (ae) of the statutes is repealed.

SB45, s. 2492 Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.

SB45, s. 2493 Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:

SB45,1152,16 281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.

SB45, s. 2494 Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.

SB45, s. 2495 Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.

SB45, s. 2496 Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.

SB45, s. 2497 Section 2497. 281.58 (8) (h) of the statutes is amended to read:

SB45,1153,3 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.

SB45, s. 2498 Section 2498. 281.58 (8) (j) of the statutes is created to read:

SB45,1153,8 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the municipality under sub. (6) (b) 4.

SB45, s. 2499 Section 2499. 281.58 (8) (L) of the statutes is repealed.

SB45, s. 2500 Section 2500. 281.58 (8e) (a) of the statutes is amended to read:

SB45,1153,12 281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7. 6.

SB45, s. 2501 Section 2501. 281.58 (8s) of the statutes is amended to read:

SB45,1153,16 281.58 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

SB45, s. 2502 Section 2502. 281.58 (9) (b) of the statutes is amended to read:

SB45,1153,21 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

SB45, s. 2503 Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:

SB45,1153,25 281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is market interest rate.

SB45, s. 2504 Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.

SB45, s. 2505 Section 2505. 281.59 (1m) (c) of the statutes is created to read:

SB45,1154,4 281.59 (1m) (c) There is established a private sewage system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

SB45, s. 2506 Section 2506. 281.59 (1m) (c) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1154,8 281.59 (1m) (c) There is established a private small sewage system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

SB45, s. 2507 Section 2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

SB45,1154,11 281.59 (3e) (b) 1. Equal to $90,200,000 $87,400,000 during the 1997-99 1999-01 biennium.

SB45,1154,12 3. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

SB45, s. 2508 Section 2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

SB45,1154,15 281.59 (3m) (b) 1. Equal to $4,500,000 $9,400,000 during the 1997-99 1999-01 biennium.

SB45,1154,16 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

SB45, s. 2509 Section 2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

SB45,1154,19 281.59 (3s) (b) 1. Equal to $21,000,000 $5,200,000 during the 1997-99 1999-01 biennium.

SB45,1154,20 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.

SB45, s. 2510 Section 2510. 281.59 (4) (b) of the statutes is amended to read:

SB45,1155,4 281.59 (4) (b) The department of administration may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

SB45, s. 2511 Section 2511. 281.59 (9) (a) of the statutes is amended to read:

SB45,1155,12 281.59 (9) (a) A loan approved under the clean water fund program, the safe drinking water loan program or the land recycling loan program shall be for no longer than 20 years, as determined by the department of administration, be fully amortized not later than 20 years after the original date of the note financial assistance agreement, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration.

SB45, s. 2512 Section 2512. 281.59 (12) of the statutes is amended to read:

SB45,1155,18 281.59 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 281.58 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources approve the financial assistance under this section and s. 281.58.

SB45, s. 2513 Section 2513. 281.60 (1) (a) of the statutes is amended to read:

SB45,1155,21 281.60 (1) (a) "Eligible applicant" means a political subdivision, a redevelopment authority created under s. 66.431 or a housing authority.

SB45, s. 2514 Section 2514. 281.60 (1) (c) of the statutes is repealed.

SB45, s. 2515 Section 2515. 281.60 (2) of the statutes is amended to read:

SB45,1156,10 281.60 (2) General. The department and the department of administration may administer a program to provide financial assistance to eligible applicants for projects to remedy environmental contamination of sites or facilities at which environmental contamination has affected groundwater or surface water or threatens to affect groundwater or surface water. The department and the department of administration may provide financial assistance under this section to an eligible applicant only if the eligible applicant owns the contaminated site or facility or, if the applicant is a political subdivision, if a redevelopment authority or a housing authority owns the contaminated site or facility. The department and the department of administration may not provide financial assistance under this section to remedy environmental contamination at a site or facility that is not a landfill if the eligible applicant caused the environmental contamination.

SB45, s. 2516 Section 2516. 281.60 (2r) (a) of the statutes is amended to read:

SB45,1156,13 281.60 (2r) (a) Making loans below the market interest rate for projects described in sub. (2).

SB45, s. 2517 Section 2517. 281.60 (7) (c) of the statutes is amended to read:

SB45,1156,16 281.60 (7) (c) The department of administration determines that the eligible applicant will meet the requirements of s. 281.59 (9) (b).

SB45, s. 2518 Section 2518. 281.60 (8s) of the statutes is created to read:

SB45,1156,21 281.60 (8s) Limitation on financial assistance. The amount of a payment under sub. (2r) (d) may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the political subdivision under sub. (2r) (a).

SB45, s. 2519 Section 2519. 281.60 (11) of the statutes is amended to read:

SB45,1156,25 281.60 (11) Loan interest rates. The department and the department of administration may not charge interest rate on a land recycling loan program loan shall be 55% of market interest rate.

SB45, s. 2520 Section 2520. 281.60 (11m) of the statutes is amended to read:

SB45,1157,11 281.60 (11m) Service fee. The department and the department of administration shall jointly charge and collect an annual service fee for reviewing and acting upon land recycling loan program applications and servicing financial assistance agreements. The fee shall be in addition to interest payments at the rate under sub. (11). For the 1997-99 fiscal biennium, the service fee shall be 0.5% of the loan balance. Fee amounts for later biennia shall be established in the biennial finance plan under s. 281.59 (3) (a) 8. The department and the department of administration shall specify in the biennial finance plan a fee designed to cover the costs of reviewing and acting upon land recycling loan program applications and servicing financial assistance agreements.

SB45, s. 2521 Section 2521. 281.61 (8s) of the statutes is created to read:

SB45,1157,16 281.61 (8s) Limitation on financial assistance. The amount of a payment under sub. (2r) (d) may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the local governmental unit under sub. (2r) (a).

SB45, s. 2522 Section 2522. 281.65 (5) (b) of the statutes is amended to read:

SB45,1158,2 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and s. 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).

SB45, s. 2523 Section 2523. 281.65 (5) (d) of the statutes is amended to read:

SB45,1158,7 281.65 (5) (d) Develop a grant disbursement and project management schedule for agriculturally related best management practices to be included in a plan established under sub. (4) (g) and identify recommendations for implementing activities or projects under ss. 92.10, 92.104 and 92.105.

SB45, s. 2524 Section 2524. 281.65 (5) (e) of the statutes is amended to read:

SB45,1158,10 281.65 (5) (e) Identify areas within a priority watershed or priority lake area that are subject to activities required under ss. 92.104 and s. 92.105.