SB55-ASA1-AA1,744,4
1100.26
(5) Any person violating
s. 100.06 or any order or regulation of the
2department thereunder, or s. 100.18 (9)
, shall be fined not less than $100 nor more
3than $1,000 or imprisoned for not more than 2 years or both. Each day of violation
4constitutes a separate offense.".
SB55-ASA1-AA1,744,157
100.20
(4) The
department of justice
district attorney may file a written
8complaint with the department alleging that the person named is employing unfair
9methods of competition in business or unfair trade practices in business or both.
10Whenever such a complaint is filed it shall be the duty of the department to proceed,
11after proper notice and in accordance with its rules, to the hearing and adjudication
12of the matters alleged, and a representative of the
department of justice designated
13by the attorney general district attorney may appear before the department in such
14proceedings. The
department of justice district attorney shall be entitled to judicial
15review of the decisions and orders of the department under ch. 227.
SB55-ASA1-AA1,745,317
100.207
(6) (b) 1. The department
of justice, after consulting with the
18department of agriculture, trade and consumer protection, or any district attorney
19upon informing the department of agriculture, trade and consumer protection, may
20commence an action in circuit court in the name of the state to restrain by temporary
21or permanent injunction any violation of this section. Injunctive relief may include
22an order directing telecommunications providers, as defined in s. 196.01 (8p), to
23discontinue telecommunications service provided to a person violating this section
24or ch. 196. Before entry of final judgment, the court may make such orders or
1judgments as may be necessary to restore to any person any pecuniary loss suffered
2because of the acts or practices involved in the action if proof of these acts or practices
3is submitted to the satisfaction of the court.
SB55-ASA1-AA1,745,105
100.207
(6) (b) 2. The department may exercise its authority under ss. 93.14
6to 93.16 and 100.18 (11) (c) to administer this section. The department
and the
7department of justice may subpoena persons and require the production of books and
8other documents
, and the department of justice may request the department of
9agriculture, trade and consumer protection to exercise its authority to aid in the
10investigation of alleged violations of this section.
SB55-ASA1-AA1,745,1612
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
13forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
14paragraph shall be enforced by the
department of justice, after consulting with the 15department of agriculture, trade and consumer protection, or, upon informing the
16department, by the district attorney of the county where the violation occurs.
SB55-ASA1-AA1,745,2218
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
19department shall form an advisory group to suggest recommendations regarding the
20content and scope of the proposed rule. The advisory group shall consist of one or
21more persons who may be affected by the proposed rule
, a representative from the
22department of justice and a representative from the public service commission.
SB55-ASA1-AA1,746,6
24100.24 Revocation of corporate authority. Any corporation, or limited
25liability company, foreign or domestic,
which that violates any order issued under s.
1100.20 may be enjoined from doing business in this state and its certificate of
2authority, incorporation
, or organization may be canceled or revoked. The
attorney 3general department may bring an action for this purpose in the name of the state.
4In any such action judgment for injunction, cancellation
, or revocation may be
5rendered by the court, upon such terms as it deems just and in the public interest,
6but only upon proof of a substantial and
wilful willful violation.
SB55-ASA1-AA1,746,158
100.26
(6) The department,
the department of justice, after consulting with the
9department, or any district attorney may commence an action in the name of the
10state to recover a civil forfeiture to the state of not less than $100 nor more than
11$10,000 for each violation of an injunction issued under s. 100.18, 100.182
, or 100.20
12(6). The department of agriculture, trade and consumer protection or any district
13attorney may commence an action in the name of the state to recover a civil forfeiture
14to the state of not less than $100 nor more than $10,000 for each violation of an order
15issued under s. 100.20.".
SB55-ASA1-AA1,746,2018
100.27
(5) (d) Informs the department and the department of
natural resources 19environmental management of the collection site identified under par. (a) and the
20telephone number under par. (c).
SB55-ASA1-AA1,747,722
100.295
(1) Labeling standards. The department shall establish standards
23that must be met by products in order for any person to represent that the products
24are recycled, recyclable or degradable. The department shall establish standards
1that are consistent, to the greatest extent practicable, with nationwide industry
2consensus standards. In developing standards, the department shall consult with
3the department of
natural resources environmental management and the council on
4recycling and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any
5existing federal standards. The department shall give priority to establishing
6standards for specific products commonly represented as being recycled, recyclable
7or degradable.".
SB55-ASA1-AA1,747,20
10100.263 Recovery. In addition to other remedies available under this chapter,
11the court may award the department the reasonable and necessary costs of
12investigation and an amount reasonably necessary to remedy the harmful effects of
13the violation
, and the court may award the department
of justice the reasonable and
14necessary expenses of prosecution, including attorney fees, from any person who
15violates this chapter. The department
and the department of justice shall deposit in
16the state treasury for deposit in the general fund all moneys that the court awards
17to the department
, the department of justice or the state under this section.
Ten
18percent of the money deposited in the general fund that was awarded under this
19section for the costs of investigation and the expenses of prosecution, including
20attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".
SB55-ASA1-AA1,748,1623
101.01
(11) "Place of employment" includes every place, whether indoors or out
24or underground and the premises appurtenant thereto where either temporarily or
1permanently any industry, trade
, or business is carried on, or where any process or
2operation, directly or indirectly related to any industry, trade
, or business, is carried
3on, and where any person is, directly or indirectly, employed by another for direct or
4indirect gain or profit, but does not include any place where persons are employed
5in private domestic service which does not involve the use of mechanical power or in
6farming. "Farming" includes those activities specified in s. 102.04 (3)
, and also
7includes; the transportation of farm products, supplies
, or equipment directly to the
8farm by the operator of
said the farm or employees for use thereon, if such activities
9are directly or indirectly for the purpose of producing commodities for market, or as
10an accessory to such production
; and the operation of a horse boarding facility or
11horse training facility that does not contain an area for the public to view a horse
12show. When used with relation to building codes, "place of employment" does not
13include an adult family home, as defined in s. 50.01 (1), or, except for the purposes
14of s. 101.11, a previously constructed building used as a community-based
15residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who
16are not related to the operator or administrator.
SB55-ASA1-AA1,749,218
101.01
(12) "Public building" means any structure, including exterior parts of
19such building, such as a porch, exterior platform
, or steps providing means of ingress
20or egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
21traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation
22to building codes, "public building" does not include
a horse boarding facility or horse
23training facility that does not contain an area for the public to view a horse show or 24a previously constructed building used as a community-based residential facility as
1defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the
2operator or administrator or an adult family home, as defined in s. 50.01 (1).".
SB55-ASA1-AA1,749,186
101.10
(2) Rules. The department shall promulgate rules that prescribe
7reasonable standards relating to the safe storage and handling of anhydrous
8ammonia. The rules shall prescribe standards for the design, construction, repair,
9alteration, location, installation, inspection, and operation of anhydrous ammonia
10equipment.
The Except as otherwise provided in this subsection, the rules
11promulgated under this subsection do not apply to
ammonia manufacturing plants, 12refrigeration plants where ammonia is used solely as a refrigerant,
facilities where
13ammonia is used in pollution control devices or is manufactured, electric generating
14or cogenerating facilities where ammonia is used as a refrigerant, and ammonia
15transportation pipelines.
If ammonia is used on the premises of a facility or plant
16described under this subsection for a purpose or in a manner that is not related to
17the applicable exemption from the rules promulgated under this subsection, the
18exemption does not apply to that use.".
SB55-ASA1-AA1,749,2421
101.1205
(1) The department, in consultation with the department of
natural
22resources environmental quality, shall establish statewide standards for erosion
23control at building sites for the construction of public buildings and buildings that
24are places of employment.".
SB55-ASA1-AA1,750,63
101.143
(1) (am) "Case closure letter" means a letter provided by the
4department of
natural resources environmental management that states that, based
5on information available to the department of
natural resources environmental
6management, no further remedial action is necessary with respect to a discharge.".
SB55-ASA1-AA1,750,8
8"
Section 2464g. 101.143 (2) (h) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,750,129
101.143
(2) (h) (intro.) The department of commerce and the department of
10natural resources environmental management, jointly, shall promulgate rules
11designed to facilitate effective and cost-efficient administration of the program
12under this section that specify all of the following:
SB55-ASA1-AA1,750,1614
101.143
(2) (h) 3. Review procedures that must be followed by employees of the
15department of
natural resources environmental management and the department
16of commerce in reviewing the information submitted under subd. 1.
SB55-ASA1-AA1,750,2318
101.143
(2) (i) (intro.) The department of commerce and the department of
19natural resources environmental management, jointly, shall promulgate rules
20specifying procedures for evaluating remedial action plans and procedures to be used
21by employees of the department of commerce and the department of
natural
22resources environmental management while remedial actions are being conducted.
23The departments shall specify procedures that include all of the following:
SB55-ASA1-AA1,751,3
1101.143
(2) (j) (intro.) The department of commerce and the department of
2natural resources environmental management, jointly, shall promulgate rules
3specifying all of the following:
SB55-ASA1-AA1,751,75
101.143
(2) (j) 1. The conditions under which employees of the department of
6commerce and the department of
natural resources
environmental management 7must issue approvals under sub. (3) (c) 4.
SB55-ASA1-AA1,751,219
101.143
(2) (k) In promulgating rules under pars. (h) to (j), the department of
10commerce and the department of
natural resources
environmental management 11shall attempt to reach an agreement that is consistent with those provisions. If the
12department of commerce and the department of
natural resources environmental
13management are unable to reach an agreement, they shall refer the matters on
14which they are unable to agree to the secretary of administration for resolution. The
15secretary of administration shall resolve any matters on which the departments
16disagree in a manner that is consistent with pars. (h) to (j). The department of
17commerce and the department of
natural resources
environmental management,
18jointly, shall promulgate rules incorporating any agreement between the
19department of commerce and the department of
natural resources environmental
20management under this paragraph and any resolution of disagreements between the
21departments by the secretary of administration under this paragraph.
SB55-ASA1-AA1,752,323
101.143
(2e) Risk-based analysis. (a) The department of commerce and the
24department of
natural resources environmental management shall attempt to agree
25on a method, which shall include individualized consideration of the routes for
1migration of petroleum product contamination at each site, for determining the risk
2to public health, safety and welfare and to the environment posed by discharges for
3which the department of commerce receives notification under sub. (3) (a) 3.
SB55-ASA1-AA1,752,144
(b) If the department of commerce and the department of
natural resources 5environmental management are unable to reach an agreement under par. (a), they
6shall refer the matters on which they are unable to agree to the secretary of
7administration for resolution. The secretary of administration shall resolve any
8matters on which the departments disagree in a manner that is consistent with par.
9(a). The department of commerce and the department of
natural resources 10environmental management, jointly, shall promulgate rules incorporating any
11agreement between the department of commerce and the department of
natural
12resources environmental management under par. (a) and any resolution of
13disagreements between the departments by the secretary of administration under
14this paragraph.
SB55-ASA1-AA1,752,1915
(c) The department of
natural resources environmental management or, if the
16discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply
17the method in the rules promulgated under par. (b) to determine the risk posed by
18a discharge for which the department of commerce receives notification under sub.
19(3) (a) 3.
SB55-ASA1-AA1,753,221
101.143
(2m) Interdepartmental coordination. Whenever the department of
22commerce receives a notification under sub. (3) (a) 3. or the department of
natural
23resources environmental management receives a notification of a petroleum product
24discharge under s. 292.11, the department receiving the notification shall contact the
1other department and shall schedule a meeting of the owner or operator or person
2owning a home oil tank system and representatives of both departments.
SB55-ASA1-AA1,753,74
101.143
(3) (a) 5. The owner or operator or the person reports the discharge in
5a timely manner to the division of emergency management in the department of
6military affairs or to the department of
natural resources environmental
7management, according to the requirements under s. 292.11.
SB55-ASA1-AA1,753,149
101.143
(3) (a) 9. The owner or operator or the person follows standards for
10groundwater restoration in the groundwater standards in the rules promulgated by
11the department of
natural resources environmental management under ss. 160.07
12and 160.09 and restores the environment, to the extent practicable, according to
13those standards at the site of the discharge from a petroleum product storage system
14or home oil tank system.
SB55-ASA1-AA1,753,1916
101.143
(3) (c) 4. Receive written approval from the department of
natural
17resources environmental management or, if the discharge is covered under s. 101.144
18(2) (b), from the department of commerce that the remedial action activities
19performed under subd. 3. meet the requirements of s. 292.11.
SB55-ASA1-AA1,754,221
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
22owning a home oil tank system may, with the approval of the department of
natural
23resources environmental management or, if the discharge is covered under s. 101.144
24(2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by
1proposing and implementing monitoring to ensure the effectiveness of natural
2attenuation of petroleum product contamination.
SB55-ASA1-AA1,754,94
101.143
(3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
5natural resources environmental management or, if the site is covered under s.
6101.144 (2) (b), the department of commerce estimates that the cost to complete a site
7investigation, remedial action plan and remedial action for an occurrence exceeds
8$60,000, the department of commerce shall implement a competitive public bidding
9process to obtain information to assist in making the determination under par. (cs).
SB55-ASA1-AA1,754,1511
101.143
(3) (cp) 2. The department of commerce or the department of
natural
12resources environmental management may waive the requirement under subd. 1. if
13an enforcement standard is exceeded in groundwater within 1,000 feet of a well
14operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
15well used to provide water for human consumption.
SB55-ASA1-AA1,754,1917
101.143
(3) (cp) 5. The department of commerce or the department of
natural
18resources environmental management may waive the requirement under subd. 1.
19after providing notice to the other department.
SB55-ASA1-AA1,755,321
101.143
(3) (cs) 2. The department of
natural resources environmental
22management and the department of commerce shall review the remedial action plan
23for a site that is classified as high risk under s. 101.144 and shall jointly determine
24the least costly method of complying with par. (c) 3. and with enforcement standards.
25The departments shall notify the owner or operator of their determination of the
1least costly method and shall notify the owner or operator that reimbursement for
2remedial action under this section is limited to the amount necessary to implement
3that method.
SB55-ASA1-AA1,755,85
101.143
(3) (cs) 3. In making determinations under subds. 1. and 2., the
6department of
natural resources environmental management and the department
7of commerce shall determine whether natural attenuation will achieve compliance
8with par. (c) 3. and with enforcement standards.
SB55-ASA1-AA1,755,1610
101.143
(3) (cs) 4. The department of commerce may review and modify an
11amount established under subd. 1. if the department determines that new
12circumstances, including newly discovered contamination at a site, warrant those
13actions. The department of commerce and the department of
natural resources 14environmental management may review and modify an amount established under
15subd. 2. if the departments determine that new circumstances, including newly
16discovered contamination at a site, warrant those actions.
SB55-ASA1-AA1,756,218
101.143
(3) (cw) 2. The department of
natural resources environmental
19management and the department of commerce shall conduct the annual review
20required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
21and shall jointly determine the least costly method of completing remedial action at
22the site in order to comply with par. (c) 3. and with enforcement standards. The
23departments shall notify the owner or operator of their determination of the least
24costly method and shall notify the owner or operator that reimbursement under this
1section for remedial action conducted after the date of the notice is limited to the
2amount necessary to implement that method.
SB55-ASA1-AA1,756,74
101.143
(3) (cw) 3. In making determinations under subds. 1. and 2., the
5department of
natural resources environmental management and the department
6of commerce shall determine whether natural attenuation will achieve compliance
7with par. (c) 3. and with enforcement standards.
SB55-ASA1-AA1,756,159
101.143
(3) (cw) 4. The department of commerce may review and modify an
10amount established under subd. 1. if the department determines that new
11circumstances, including newly discovered contamination at a site, warrant those
12actions. The department of commerce and the department of
natural resources 13environmental management may review and modify an amount established under
14subd. 2. if the departments determine that new circumstances, including newly
15discovered contamination at a site, warrant those actions.
SB55-ASA1-AA1,756,2117
101.143
(3) (d)
Final review of remedial action activities. The department of
18natural resources environmental management or, if the discharge is covered under
19s. 101.144 (2) (b), the department of commerce shall complete a final review of the
20remedial action activities within 60 days after the claimant notifies the appropriate
21department that the remedial action activities are completed.
SB55-ASA1-AA1,756,2523
101.143
(3) (e)
Notifications. The department of
natural resources 24environmental management shall notify the department when it gives a claimant
25written approval under par. (c) 4.
SB55-ASA1-AA1,757,32
101.143
(3) (f) 5. The written approval of the department of
natural resources 3environmental management or the department of commerce under par. (c) 4.