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(b) Maintenance, emergency repair, or reconstruction of damaged parts of
23structures that are in use in a nonfederal wetland.
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(c) Construction or maintenance of farm ponds, stock ponds, or irrigation
25ditches.
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1(d) Maintenance of drainage ditches.
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(e) Construction or maintenance of farm roads, forest roads, or temporary
3mining roads that is performed in accordance with best management practices, as
4determined by the department, to ensure all of the following:
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1. That the flow and circulation patterns and chemical and biological
6characteristics of the affected nonfederal wetland are not impaired.
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2. That the reach of the affected nonfederal wetland is not reduced.
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3. That any adverse effect on the aquatic environment of the affected
9nonfederal wetland is minimized to the degree required by the department.
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10(5) Inapplicability of exemptions. Notwithstanding sub. (4), a discharge that
11would be exempt under sub. (4) is subject to the certification requirement under sub.
12(2) if the discharge is incidental to an activity that has as its purpose bringing a
13nonfederal wetland, or part of an nonfederal wetland, into a use for which it was not
14previously subject and if the activity may do any of the following:
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(a) Impair the flow or circulation of any nonfederal wetland.
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(b) Reduce the reach of any nonfederal wetland.
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17(6) Rules for exemptions. The department shall promulgate rules to interpret
18and implement the provisions under subs. (4) and (5). The rules shall be consistent
19with
33 USC 1344 (f), as amended to the effective date of this subsection .... [revisor
20inserts date], and with any other federal law that is promulgated or adopted
21pursuant to that subsection or that is used to implement that subsection and that is
22in effect on the effective date of this subsection .... [revisor inserts date]. If
33 USC
231344 (f) or the other federal law is amended or modified after the effective date of this
24subsection .... [revisor inserts date], the department may incorporate any of these
1amendments or modifications into the rules promulgated under this subsection but
2may not otherwise amend the rules.
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3(7) Exemptions; artificial wetlands. (a) The certification requirement under
4sub. (2) does not apply to a discharge into an artificial wetland identified in par. (b)
5if all of the following apply:
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1. The person who proposes to make the discharge notifies the department of
7the discharge at least 15 working days before beginning the discharge.
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2. Within 15 working days after the date on which the department receives the
9notice under subd. 1., the department does not notify the person that the artificial
10wetland has a significant functional value as a wetland.
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(b) To qualify for the exemption under par. (a), an artificial wetland must be one
12or more of the following:
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1. A sedimentation or storm water detention basin or associated conveyance
14feature that is operated and maintained only for sediment detention or flood storage
15purposes.
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2. An active sewage lagoon, cooling pond, waste disposal pit, fish rearing pond,
17or landscape pond.
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3. An actively maintained farm drainage or roadside ditch.
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4. An active nonmetallic mining operation.
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20(8) General water quality certifications. (a) In lieu of issuing individual
21water quality certifications under this section, the department may issue a general
22water quality certification for types of discharges that the department determines
23are similar in nature or for the purpose of simplifying the certification process if the
24discharges meet all of the following standards:
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11. The discharges will cause only minimal adverse environmental effects, as
2determined by the department, if they are performed separately.
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2. The cumulative adverse effect on the environment by the discharges will be
4minimal, as determined by the department.
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(b) No general water quality certification issued under this section may be
6effective for more than 5 years after the date of its issuance.
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(c) If the department determines that any of the discharges under a general
8water quality certification issued under this section fails to meet any of the standards
9in par. (a), the department shall modify the certification so that the discharges meet
10all of the standards. If the department cannot modify the certification so that all of
11the standards will be met or if the department determines that the discharges subject
12to the general certification are more appropriately certified by using individual
13water quality certifications, the department shall revoke the general certification.
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(d) Before issuing, modifying, or revoking a general water quality certification
15under this subsection, the department shall provide notice and a hearing under ss.
16227.17 and 227.18.
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17(9) Inspection authority. (a)
For purposes of enforcing this section, any
18employee or other representative of the department, upon presenting his or her
19credentials, may do any of the following:
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1. Enter and inspect any property on which is located a nonfederal wetland, or
21part of a nonfederal wetland, that is subject to a water quality certification issued
22under this section.
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2. Enter and inspect any property on which is located a wetland and where the
24department has reasonable suspicion that a violation of this section has occurred or
25is occurring to investigate a discharge of dredged or fill material.
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13. Gain access to and inspect any records that the department requires a holder
2of a water quality certification to keep.
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(b) Any employee or representative of the department may exercise the
4authority granted under par. (a) 1., 2., or 3. only during reasonable hours and only
5after the department has provided reasonable advance notice to the person owning
6the property involved or to the holder of the water quality certification.
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(c) An employee or representative of the department may not gain access to or
8inspect any records as authorized under par. (a) 3. unless the holder of the water
9quality certification, or the holder's designee, is present or unless the holder of the
10certification waives this requirement.
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11(10) Other requirements. This section does not affect the authority of the
12department to do any of the following:
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(a) Regulate the discharge of dredged or fill material in a nonfederal wetland
14under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231, or
1587.30 or chs. 281 to 285 or 289 to 299, except s. 281.48.
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(b) Issue a water quality certification under rules promulgated under this
17chapter to implement
33 USC 1341 (a).
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18Section
8. 281.69 (3) (b) 2. of the statutes is amended to read:
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281.69
(3) (b) 2. The restoration of a wetland,
as defined in s. 23.32 (1), if the
20restoration will protect or improve a lake's water quality or its natural ecosystem.
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21Section
9. 281.98 (1) of the statutes is amended to read:
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281.98
(1) Except as provided in ss. 281.47 (1) (d), 281.75 (19)
, and 281.99 (2),
23any person who violates this chapter or any rule promulgated or any plan approval,
24license
or, special order
, or water quality certification issued under this chapter shall
25forfeit not less than $10 nor more than $5,000 for each violation. Each day of
1continued violation is a separate offense. While an order is suspended, stayed
, or
2enjoined, this penalty does not accrue.
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3Section
10. 299.95 of the statutes is amended to read:
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4299.95 Enforcement; duty of department of justice; expenses. The
5attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
6ss. 281.48, 285.57, 285.59
, and 299.64, and all rules, special orders, licenses, plan
7approvals
and, permits
, and water quality certifications of the department, except
8those promulgated or issued under ss. 281.48, 285.57, 285.59
, and 299.64 and except
9as provided in s. 285.86. The circuit court for Dane county or for any other county
10where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to
11285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
12or, permit
, or certification by injunctional and other relief appropriate for
13enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
14or this chapter or the rule, special order, license, plan approval
or, permit
or
15certification prohibits in whole or in part any pollution, a violation is considered a
16public nuisance. The department of natural resources may enter into agreements
17with the department of justice to assist with the administration of chs. 281 to 285 and
18289 to 295 and this chapter. Any funds paid to the department of justice under these
19agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
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(1)
Temporary process.
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(a) In this subsection, "federal law" has the meaning given in section 281.36 (1)
23(b) of the statutes, as created by this act.
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(b) Except as provided in paragraph (c), no person may discharge dredged or
25fill material into a nonfederal wetland before the date on which the rules required
1under section 281.36 (6) of the statutes, as created by this act, are effective unless
2either of the following applies:
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31. The person demonstrates to the satisfaction of the department of natural
4resources that the activity which will result in the discharge will qualify for an
5exemption under
33 USC 1344 (f), as amended to the effective date of this
6subdivision, and under any other federal law that is promulgated or adopted
7pursuant to that subsection or that is used to implement that subsection and that is
8in effect on the effective date of this subdivision.
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92. The person receives a water quality certification issued under section 281.36
10of the statutes, as created by this act.
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(c) This subsection does not apply after the date on which the rules required
12under section 281.36 (6) of the statutes, as created by this act, are effective.
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(2)
Rules deadline. The department of natural resources shall submit in
14proposed form the rules required under section 281.36 (6) of the statutes, as created
15by this act, to the legislative council staff under section 227.15 (1) of the statutes no
16later than the first day of the 13th month beginning after the effective date of this
17subsection.
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18Section
12.
Effective dates. This act takes effect on the day after publication,
19except as follows:
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(1)
The treatment of section 23.321 (2) of the statutes takes effect on August
211, 2001, or on the day after publication, whichever is later.