SB45,1148,12 8254.45 Penalties. (1) General. (a) Any person who violates this subchapter
9or a rule promulgated under this subchapter or a condition of a license or registration
10issued by the department under this subchapter may be required to forfeit not less
11than $100 nor more than $100,000. Each day of continued violation constitutes a
12separate offense.
SB45,1148,1413 (b) The amount of the forfeiture assessed under par. (a) shall be determined by
14considering all of the following:
SB45,1148,1515 1. The wilfulness of the violation.
SB45,1148,1816 2. The person's previous violations, if any, of this subchapter, rules
17promulgated under this subchapter or conditions of a license or registration issued
18by the department under this subchapter.
SB45,1148,2019 3. The potential danger or actual or potential injury to the environment or to
20public health caused by the violation.
SB45,1148,2121 4. The actual or potential costs of the damage or injury caused by the violation.
SB45,1149,2 22(2) Assessment of forfeitures; notice. The department may directly assess
23forfeitures provided for in sub. (1). If the department determines that a forfeiture
24should be assessed for a particular violation, the department shall send a notice of
25assessment to the person. The notice shall specify the amount of the forfeiture

1assessed and the violation and the statute or rule alleged to have been violated and
2shall inform the person of the right to hearing under sub. (3).
SB45,1149,12 3(3) Hearing. A person upon whom a forfeiture is imposed may contest the
4action by sending, within 10 days after receipt of notice of a contested action, a
5written request for hearing under s. 227.44 to the division of hearings and appeals
6created under s. 15.103 (1). The administrator of the division may designate a
7hearing examiner to preside over the case and recommend a decision to the
8administrator under s. 227.46. The decision of the administrator of the division shall
9be the final administrative decision. The division shall commence the hearing within
1030 days of receipt of the request for hearing and shall issue a final decision within
1115 days after the close of the hearing. Proceedings before the division are governed
12by ch. 227.
SB45,1149,19 13(4) Forfeiture payment and disposition. (a) A person against whom the
14department has assessed a forfeiture shall pay the forfeiture to the department
15within 10 days after receipt of the notice under sub. (2) or, if the person contests the
16assessment, within 10 days after receipt of the final decision after exhaustion of
17administrative review. If the person petitions for judicial review under ch. 227, the
18person shall pay the forfeiture within 10 days after receipt of the final judicial
19decision.
SB45,1149,2120 (b) The department shall remit all forfeitures paid to the state treasurer for
21deposit in the school fund.
SB45,1149,25 22(5) Enforcement. The attorney general may bring an action in the name of the
23state to collect any forfeiture imposed under this section if the forfeiture has not been
24paid as required under sub. (4). The only issue to be contested in an action under this
25subsection is whether the forfeiture has been paid.
SB45, s. 2486
1Section 2486. 255.05 (1) (a) of the statutes is amended to read:
SB45,1150,52 255.05 (1) (a) "Institution" means any hospital, nursing home, county home,
3county mental hospital, tuberculosis sanatorium, community-based residential
4facility or other place licensed or approved by the department under ss. s. 49.70,
549.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.
SB45, s. 2487 6Section 2487. 281.01 (15) of the statutes is amended to read:
SB45,1150,167 281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste
8treatment plant, water supply treatment plant or air pollution control facility and
9other discarded or salvageable materials, including solid, liquid, semisolid, or
10contained gaseous materials resulting from industrial, commercial, mining and
11agricultural operations, and from community activities, but does not include solids
12or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
13return flows or industrial discharges which are point sources subject to permits
14under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
15material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
16(3) (1).
SB45, s. 2488 17Section 2488. 281.165 of the statutes is created to read:
SB45,1150,25 18281.165 Compliance with water quality standards for wetlands. An
19activity shall be considered to comply with the water quality standards that are
20applicable to wetlands and that are promulgated as rules under s. 281.15 and is
21exempt from any prohibition, restriction, requirement, permit, license, approval,
22authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3)
23or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated,
24order issued or ordinance adopted under any of those sections or chapters, if the
25activity meets all of the following requirements:
SB45,1151,2
1(1) The wetland area that will be affected by the activity is less than 15 acres
2in size.
SB45,1151,4 3(2) The site of the activity is zoned for industrial use and is in the vicinity of
4a manufacturing facility.
SB45,1151,6 5(3) The site of the activity is within the corporate limits of a city on January
61, 1999.
SB45,1151,9 7(4) The governing body of the city adopts a resolution stating that the
8exemption under this section is necessary to protect jobs that exist in the city on the
9date of the adoption of the resolution or is necessary to promote job creation.
SB45,1151,10 10(5) The site of the activity is located in Trempealeau County.
SB45, s. 2489 11Section 2489. 281.17 (3) of the statutes is amended to read:
SB45,1152,612 281.17 (3) The department shall promulgate rules establishing an examining
13program for the certification of operators of water systems, wastewater treatment
14plants and septage servicing vehicles operated under a license issued under s. 281.48
15(3), setting such standards as the department finds necessary to accomplish the
16purposes of this chapter and chs. 285 and 289 to 299, including requirements for
17continuing education. The department may charge applicants a fee for certification.
18All moneys collected under this subsection for the certification of operators of water
19systems, wastewater treatment plants and septage servicing vehicles shall be
20credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water
21systems, wastewater treatment plant or septage servicing vehicle without a valid
22certificate issued under this subsection. The department may suspend or revoke a
23certificate issued under this subsection for a violation of any statute or rule relating
24to the operation of a water system or wastewater treatment plant or to septage
25servicing, or for failure to fulfill the continuing education requirements or as

1provided under s. 145.245 (3)
. The owner of any wastewater treatment plant shall
2be, or shall employ, an operator certified under this subsection who shall be
3responsible for plant operations, unless the department by rule provides otherwise.
4In this subsection, "wastewater treatment plant" means a system or plant used to
5treat industrial wastewater, domestic wastewater or any combination of industrial
6wastewater and domestic wastewater.
SB45, s. 2490 7Section 2490. 281.48 (5) (a) 4. of the statutes is amended to read:
SB45,1152,98 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed
9by the department or falsified information on inspection forms under s. 145.245 (3).
SB45, s. 2491 10Section 2491. 281.58 (1) (ae) of the statutes is repealed.
SB45, s. 2492 11Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.
SB45, s. 2493 12Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:
SB45,1152,1613 281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if
14the obligation was incurred to finance the cost of constructing a water pollution
15control project located in this state and the obligation was initially incurred on or
16after May 17, 1988
.
SB45, s. 2494 17Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.
SB45, s. 2495 18Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.
SB45, s. 2496 19Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.
SB45, s. 2497 20Section 2497. 281.58 (8) (h) of the statutes is amended to read:
SB45,1153,321 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator
22of an effluent limitation at the time that the application for a treatment work project
23is approved under sub. (9m) may not receive financial assistance of a method
24specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project
25that is needed to correct the violation. This paragraph does not apply to a

1municipality that after May 17, 1988, is in compliance with a court or department
2order to correct a violation of the enforceable requirements of its ch. 283 permit, and
3that is applying for financial assistance under s. 281.59 (13) to correct that violation.
SB45, s. 2498 4Section 2498. 281.58 (8) (j) of the statutes is created to read:
SB45,1153,85 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the
6amount of subsidy necessary to reduce the interest rate on the loan from market rate
7to the interest rate that would have been charged on a loan to the municipality under
8sub. (6) (b) 4.
SB45, s. 2499 9Section 2499. 281.58 (8) (L) of the statutes is repealed.
SB45, s. 2500 10Section 2500. 281.58 (8e) (a) of the statutes is amended to read:
SB45,1153,1211 281.58 (8e) (a) The type of project and the order in which it is listed under sub.
12(7) (b) 1. to 7. 6.
SB45, s. 2501 13Section 2501. 281.58 (8s) of the statutes is amended to read:
SB45,1153,1614 281.58 (8s) Facility plan. A municipality seeking financial assistance for a
15project under this section, except for a municipality seeking a capital cost loan, shall
16complete a facility plan as required by the department by rule.
SB45, s. 2502 17Section 2502. 281.58 (9) (b) of the statutes is amended to read:
SB45,1153,2118 281.58 (9) (b) A municipality seeking financial assistance, except for a
19municipality seeking a capital cost loan,
for a project under the clean water fund
20program shall complete an environmental analysis sequence as required by the
21department by rule.
SB45, s. 2503 22Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:
SB45,1153,2523 281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and
247.
and for those portions of projects under subd. 1. that are restricted by sub. (8) (b),
25(c), (f) or (h) is market interest rate.
SB45, s. 2504
1Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.
SB45, s. 2505 2Section 2505. 281.59 (1m) (c) of the statutes is created to read:
SB45,1154,43 281.59 (1m) (c) There is established a private sewage system replacement and
4rehabilitation loan program, administered under s. 145.245 (12m).
SB45, s. 2506 5Section 2506. 281.59 (1m) (c) of the statutes, as created by 1999 Wisconsin Act
6.... (this act), is amended to read:
SB45,1154,87 281.59 (1m) (c) There is established a private small sewage system
8replacement and rehabilitation loan program, administered under s. 145.245 (12m).
SB45, s. 2507 9Section 2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
SB45,1154,1110 281.59 (3e) (b) 1. Equal to $90,200,000 $87,400,000 during the 1997-99
111999-01 biennium.
SB45,1154,1212 3. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
SB45, s. 2508 13Section 2508. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
SB45,1154,1514 281.59 (3m) (b) 1. Equal to $4,500,000 $9,400,000 during the 1997-99 1999-01
15biennium.
SB45,1154,1616 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
SB45, s. 2509 17Section 2509. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
SB45,1154,1918 281.59 (3s) (b) 1. Equal to $21,000,000 $5,200,000 during the 1997-99 1999-01
19biennium.
SB45,1154,2020 2. Equal to $1,000 for any biennium after the 1997-99 1999-01 biennium.
SB45, s. 2510 21Section 2510. 281.59 (4) (b) of the statutes is amended to read:
SB45,1155,422 281.59 (4) (b) The department of administration may, under s. 18.56 18.561 (5)
23and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state
24treasury or in an account maintained by a trustee outside the state treasury, any
25portion of the revenues derived under s. 25.43 (1). The revenues deposited with a

1trustee outside the state treasury are the trustee's revenues in accordance with the
2agreement between this state and the trustee or in accordance with the resolution
3pledging the revenues to the repayment of revenue obligations issued under this
4subsection.
SB45, s. 2511 5Section 2511. 281.59 (9) (a) of the statutes is amended to read:
SB45,1155,126 281.59 (9) (a) A loan approved under the clean water fund program, the safe
7drinking water loan program or the land recycling loan program shall be for no longer
8than 20 years, as determined by the department of administration, be fully
9amortized not later than 20 years after the original date of the note financial
10assistance agreement
, and require the repayment of principal and interest, if any,
11to begin not later than 12 months after the expected date of completion of the project
12that it funds, as determined by the department of administration.
SB45, s. 2512 13Section 2512. 281.59 (12) of the statutes is amended to read:
SB45,1155,1814 281.59 (12) Municipal obligations. The department of administration may
15purchase or refinance obligations specified in s. 281.58 (6) (b) 1. or 2. and guarantee
16or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the
17department of administration and the department of natural resources approve the
18financial assistance under this section and s. 281.58.
SB45, s. 2513 19Section 2513. 281.60 (1) (a) of the statutes is amended to read:
SB45,1155,2120 281.60 (1) (a) "Eligible applicant" means a political subdivision, a
21redevelopment authority created under s. 66.431 or a housing authority
.
SB45, s. 2514 22Section 2514. 281.60 (1) (c) of the statutes is repealed.
SB45, s. 2515 23Section 2515. 281.60 (2) of the statutes is amended to read:
SB45,1156,1024 281.60 (2) General. The department and the department of administration
25may administer a program to provide financial assistance to eligible applicants for

1projects to remedy environmental contamination of sites or facilities at which
2environmental contamination has affected groundwater or surface water or
3threatens to affect groundwater or surface water. The department and the
4department of administration may provide financial assistance under this section to
5an eligible applicant only if the eligible applicant owns the contaminated site or
6facility or, if the applicant is a political subdivision, if a redevelopment authority or
7a housing authority owns the contaminated site or facility
. The department and the
8department of administration may not provide financial assistance under this
9section to remedy environmental contamination at a site or facility that is not a
10landfill if the eligible applicant caused the environmental contamination.
SB45, s. 2516 11Section 2516. 281.60 (2r) (a) of the statutes is amended to read:
SB45,1156,1312 281.60 (2r) (a) Making loans below the market interest rate for projects
13described in sub. (2).
SB45, s. 2517 14Section 2517. 281.60 (7) (c) of the statutes is amended to read:
SB45,1156,1615 281.60 (7) (c) The department of administration determines that the eligible
16applicant will meet the requirements of s. 281.59 (9) (b).
SB45, s. 2518 17Section 2518. 281.60 (8s) of the statutes is created to read:
SB45,1156,2118 281.60 (8s) Limitation on financial assistance. The amount of a payment
19under sub. (2r) (d) may not exceed the amount of subsidy necessary to reduce the
20interest rate on the loan from market rate to the interest rate that would have been
21charged on a loan to the political subdivision under sub. (2r) (a).
SB45, s. 2519 22Section 2519. 281.60 (11) of the statutes is amended to read:
SB45,1156,2523 281.60 (11) Loan interest rates. The department and the department of
24administration may not charge
interest rate on a land recycling loan program loan
25shall be 55% of market interest rate.
SB45, s. 2520
1Section 2520. 281.60 (11m) of the statutes is amended to read:
SB45,1157,112 281.60 (11m) Service fee. The department and the department of
3administration shall jointly charge and collect an annual service fee for reviewing
4and acting upon land recycling loan program applications and servicing financial
5assistance agreements. The fee shall be in addition to interest payments at the rate
6under sub. (11).
For the 1997-99 fiscal biennium, the service fee shall be 0.5% of the
7loan balance. Fee amounts for later biennia shall be established in the biennial
8finance plan under s. 281.59 (3) (a) 8. The department and the department of
9administration shall specify in the biennial finance plan a fee designed to cover the
10costs of reviewing and acting upon land recycling loan program applications and
11servicing financial assistance agreements.
SB45, s. 2521 12Section 2521. 281.61 (8s) of the statutes is created to read:
SB45,1157,1613 281.61 (8s) Limitation on financial assistance. The amount of a payment
14under sub. (2r) (d) may not exceed the amount of subsidy necessary to reduce the
15interest rate on the loan from market rate to the interest rate that would have been
16charged on a loan to the local governmental unit under sub. (2r) (a).
SB45, s. 2522 17Section 2522. 281.65 (5) (b) of the statutes is amended to read:
SB45,1158,218 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan
19relating to farm-specific implementation schedules, requirements under ss. 92.104
20and
s. 92.105, animal waste management and selection of agriculturally related best
21management practices and submit those sections to the department for inclusion
22under sub. (4m) (b). The best management practices shall be cost-effective best
23management practices, as specified under sub. (4) (e), except in situations in which
24the use of a cost-effective best management practice will not contribute to water
25quality improvement or will cause a water body to continue to be impaired as

1identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
2(A).
SB45, s. 2523 3Section 2523. 281.65 (5) (d) of the statutes is amended to read:
SB45,1158,74 281.65 (5) (d) Develop a grant disbursement and project management schedule
5for agriculturally related best management practices to be included in a plan
6established under sub. (4) (g) and identify recommendations for implementing
7activities or projects under ss. 92.10, 92.104 and 92.105.
SB45, s. 2524 8Section 2524. 281.65 (5) (e) of the statutes is amended to read:
SB45,1158,109 281.65 (5) (e) Identify areas within a priority watershed or priority lake area
10that are subject to activities required under ss. 92.104 and s. 92.105.
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