SB244: Bill Text

SB244,8,3 3. The provisions of an ordinance enacted under this paragraph that regulate the abandonment of private wells and drill holes do not apply in any portion of a local governmental unit that is covered by an ordinance enacted under s. 66.0437.

SB244, s. 16 Section 16. 59.70 (6) (c) of the statutes is repealed and recreated to read:

SB244,8,10 59.70 (6) (c) Revocation. If the department, under s. 280.30 (4), revokes all or part of the authority of a county to enforce an ordinance under par. (b), the county shall immediately cease all activities under the ordinance or part of the ordinance with respect to which authority is revoked and may not resume any of those activities unless notified by the department to do so at the conclusion of all administrative and judicial proceedings arising out of the revocation.

SB244, s. 17 Section 17. 59.70 (6) (e) of the statutes is repealed.

SB244, s. 18 Section 18. 60.44 (1) (a) of the statutes is amended to read:

SB244,8,16 60.44 (1) (a) Claims for money against a town or against officers, officials, agents or employees of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s. 893.80 (1) (b). This paragraph does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 19 Section 19. 60.44 (3) of the statutes is amended to read:

SB244,8,22 60.44 (3) Court actions to recover claims. Subsection (2), or an ordinance adopted under that subsection, does not affect the applicability of s. 893.80. No action may be brought or maintained against a town upon a claim unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 20 Section 20. 62.25 (1) of the statutes is amended to read:

SB244,9,2 62.25 (1) Claims. No action may be brought or maintained against a city upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 21 Section 21. 62.69 (2) (k) of the statutes is repealed and recreated to read:

SB244,9,5 62.69 (2) (k) Rules, regulations, and ordinances concerning plumbing shall conform to ss. 59.70 (5) and 145.13.

SB244, s. 22 Section 22. 66.0437 of the statutes is created to read:

SB244,9,8 66.0437 Well abandonment ordinances. (1) In this section, "local governmental unit" has the meaning given in s. 280.01 (7).

SB244,9,21 (2) (a) Each local governmental unit that is served by a community water system, as defined in s. 280.01 (1), shall enact and enforce an ordinance requiring the abandonment of any well or drill hole that is on property adjacent to a water main and that is unused or is unsafe because of the continued presence of bacteria or that does not comply with ch. 280 or rules promulgated under that chapter. The ordinance shall require abandonment to be done in accordance with rules promulgated under ch. 280. The ordinance may allow a well that is on property adjacent to a water main to remain in existence only if the well is used, is bacteriologically safe, and complies with ch. 280 and rules promulgated under that chapter. The local governmental unit may require the owner of a well to obtain a permit and may charge a permit fee that is based on the local governmental unit's costs under this paragraph. The ordinance shall also require the elimination of cross-connections within the community water system and plumbing systems.

SB244,9,25 (am) Before enacting or modifying an ordinance under par. (a), a local governmental unit shall submit its proposed ordinance to the department of natural resources. The local governmental unit may not enact or modify the ordinance without the approval of the department of natural resources.

SB244,10,14 (3) The local governmental unit shall notify any person who is in violation of an ordinance enacted under sub. (2) and order the person to correct the violation within 30 days. If the person fails to comply with the order, the local governmental unit may impose a forfeiture of not more than $100 for each day of continued violation after the expiration of the 30 days. In addition, the local governmental unit may take any action necessary to correct the violation and charge the cost as a special assessment against the property on which the violation occurs. Except in a 1st class city, if the property owner, within 30 days after completion of the work required to correct the violation, files a written request with the clerk of the local governmental unit for installment payments, the local governmental unit shall assess the costs in 5 equal annual installments with interest at a rate not to exceed 15% per year from the date of completion of the work. If the property owner does not file such a request, or if the property is located in a 1st class city, the property owner shall pay the entire amount due in the following year.

SB244, s. 23 Section 23. 66.0803 (1) (a) of the statutes is amended to read:

SB244,11,7 66.0803 (1) (a) A town, village or city may construct, acquire or lease any plant and equipment located in or outside the municipality, including interest in or lease of land, for furnishing water, light, heat or power, to the municipality or its inhabitants; may acquire a controlling portion of the stock of any privately owned corporation owning private waterworks a public water system, as defined in s. 280.01 (12), or a lighting plant and equipment; and may purchase the equity of redemption in a mortgaged or bonded waterworks public water system, as defined in s. 280.01 (12), or lighting system, including cases where the municipality in the franchise has reserved right to purchase. The character or duration of the franchise, permit or grant under which any public utility is operated does not affect the power to acquire the public utility under this subsection. Two or more public utilities owned by the same person or corporation, or 2 or more public utilities subject to the same lien or charge, may be acquired as a single enterprise. The board or council may agree with the owner or owners of any public utility or utilities on the value of the utility or utilities and may contract to purchase or acquire at that value, upon those terms and conditions mutually agreed upon between the board or council and the owner or owners.

SB244, s. 24 Section 24. 88.145 of the statutes is amended to read:

SB244,11,16 88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employee or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employees of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 25 Section 25. 97.34 (2) (b) of the statutes is amended to read:

SB244,11,23 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under s. 280.11, 281.15 or 281.17 (8) 280.05 (1) (f) and with health-related groundwater enforcement standards adopted by the department of natural resources under ch. 160.

SB244, s. 26 Section 26. 101.143 (1) (c) of the statutes is amended to read:

SB244,12,2 101.143 (1) (c) "Groundwater" has the meaning designated under given in s. 281.75 (1) (c) 160.01 (4).

SB244, s. 27 Section 27. 118.26 of the statutes is amended to read:

SB244,12,7 118.26 Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with s. 893.80. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 28 Section 28. 119.68 (2) of the statutes is amended to read:

SB244,12,11 119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 29 Section 29. 145.06 (4) (b) of the statutes is amended to read:

SB244,12,17 145.06 (4) (b) Plumbing from the private water supply pump to and including the initial pressure tank or building control valve, water service piping from the pump to one or more buildings and connection to an existing water distribution system, when installed by persons licensed as pump installers under ch. 280 s. 280.24.

SB244, s. 30 Section 30. 145.10 (1) (intro.) and (a) to (b) of the statutes are amended to read:

SB244,13,2 145.10 (1) (intro.) The department may make investigations and conduct hearings and may, on its own or upon complaint in writing duly signed and verified by the complainant, and after providing not less than 10 days' notice to the licensee, suspend any master or journeyman plumber's license, cross-connection control tester's registration, utility contractor's license or temporary permit if it has reason to believe, and may revoke such license, registration or permit in the manner provided under this section if it finds, that the holder of such license, registration or permit has done any of the following:

SB244,13,4 (a) Made a material misstatement in the application for a license or registration or renewal thereof or for a temporary permit; .

SB244,13,6 (am) Committed gross negligence or misconduct or is incompetent in the practice covered by the person's license, registration or permit;.

SB244,13,9 (b) Failed to correct an installation for which he or she is responsible, at his or her own expense, within 30 days following notification by the department of a violation of any rule adopted under this chapter; or.

SB244, s. 31 Section 31. 160.09 (1) (intro.) of the statutes is amended to read:

SB244,13,14 160.09 (1) (intro.)   Notwithstanding the authority of the department under ss. 280.11, 281.15 and 281.17 (8) s. 280.03 (1) to establish standards for pure a safe drinking water program, the department shall establish enforcement standards for substances of public welfare concern as follows:

SB244, s. 32 Section 32. 160.257 (1) (e) of the statutes is amended to read:

SB244,13,18 160.257 (1) (e) "Treated drinking water" means potable water that has been treated so that it complies with the primary drinking water standards promulgated under ss. 280.11 and 281.17 (8) s. 280.05 (1) (f).

SB244, s. 33 Section 33. 160.257 (2) of the statutes is amended to read:

SB244,14,2 160.257 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8) s. 280.05 (1) (f).

SB244, s. 34 Section 34. 167.27 (title), (2) and (3) of the statutes are amended to read:

SB244,14,4 167.27 (title) Capping and filling wells or similar certain structures.

SB244,14,9 (2) The owner of any real estate shall securely protect any well, seepage pit, cistern, cesspool, septic tank, or other similar structures in active use with a cover of concrete, metal or wood covered with sheet metal, securely fastened and of sufficient weight so it cannot be removed by small children and so as to make it free from danger to persons going upon such real estate.

SB244,14,12 (3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same it to grade.

SB244, s. 35 Section 35. 167.27 (4) of the statutes is repealed.

SB244, s. 36 Section 36. 167.27 (5) of the statutes is amended to read:

SB244,15,10 167.27 (5) Whenever any mine shaft, or exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same it to grade or enclose the same it with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same it with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case If any person shall neglect fails to repair or rebuild such a fence which the person is so required to build and maintain under this subsection, any person may complain to the department of commerce or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such the fence. The department of commerce or the local governing body shall then proceed to examine the fence, and if it shall determine determines that such the fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such the time as it shall deem that the department of commerce or the local governing body determines to be reasonable. Any person refusing to comply with such an order shall be issued under this subsection is subject to the penalties provided in sub. (7).

SB244, s. 37 Section 37. 167.27 (6) of the statutes is amended to read:

SB244,15,14 167.27 (6) Existing An existing abandoned mine shafts, shaft or exploration shafts or test wells shaft shall be securely protected by the owner of the real estate upon which it is located.

SB244, s. 38 Section 38. 167.27 (9) of the statutes is created to read:

SB244,15,16 167.27 (9) The use and abandonment of wells is governed by ch. 280.

SB244, s. 39 Section 39. 198.12 (2) of the statutes is amended to read:

SB244,16,2 198.12 (2) Service of process on, personal injury claims, venue. The district shall sue or be sued in its corporate name and service of process upon the district shall be by service upon the chairperson of the board and the clerk of the district, but no action shall be brought or maintained against a district upon a claim or cause of action unless the claimant complies with s. 893.80. Compliance with s. 893.80 is not required under this subsection in actions commenced under s. 19.37, 19.97 or 281.99 280.50. All actions by or against the district, except condemnation proceedings and actions to which the state or any officer or commission thereof is a party, shall be brought in the circuit court for the county in which its principal administrative office is located.

SB244, s. 40 Section 40. Chapter 280 of the statutes is repealed and recreated to read:

SB244,16,6 Chapter 280 WELLS, drill holes, and water systems

SB244,16,8 Subchapter I General provisions

SB244,16,9 280.01 Definitions. In this chapter:

SB244,16,15 (1) "Community water system" means a public water system that has at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents. "Community water system" does not include piping and fixtures inside a building served by the water system, service pipes from a distribution main to a building, or private distribution mains located entirely on private property.

SB244,16,17 (2) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

SB244,16,18 (2m) "Council" means the council on well drilling and pump installing.

SB244,16,19 (3) "Department" means the department of natural resources.

SB244,16,22 (3m) "Dewatering well" means a well that is used only to lower groundwater levels to permit construction or to permit the use of an area that is below the surface of the ground.

SB244,16,24 (4) "Drill hole" means an excavation, opening, or driven point deeper than it is wide and extending at least 10 feet below the ground surface.

SB244,16,25 (5) "Drilling rig" means the equipment used to construct a drill hole.

SB244,17,3 (5g) "Environmental well" means a drill hole constructed to obtain information about the physical, chemical, hydrological, or biological characteristics of groundwater.

SB244,17,5 (5r) "Geothermal well" means a drill hole constructed to obtain geothermal energy from beneath the surface of the earth.

SB244,17,6 (6) "Groundwater" has the meaning given in s. 160.01 (4).

SB244,17,10 (6m) "Hydrofracturing" means hydraulic fracturing of an aquifer by injecting into a well a fluid that is under at least 500 pounds per square inch of pressure and may include injecting sand or a similar material to hold the crevices open when the pressure is removed.

SB244,17,14 (7) "Local governmental unit" means a city, village, town, county, utility district under s. 66.0827, municipal water district, town sanitary district as defined in s. 60.70 (9), or any other local public entity if that local public entity operates a water system.

SB244,17,15 (8) "Modification" means an improvement, extension, or alteration.

SB244,17,18 (8r) "Nontransient noncommunity water system" means a public water system that is not a community water system but that regularly serves at least 25 of the same individuals for at least 6 months per year.

SB244,17,21 (9) "Person" means an individual, corporation, limited liability company, association, cooperative, trust, institution, partnership, state, including this state, public utility, local governmental unit, or federal, state, or interstate agency.

SB244,17,23 (10) "Private water system" means any water system that is not a public water system.

SB244,17,24 (11) "Public utility" has the meaning given in s. 196.01 (5).

SB244,18,4 (12) "Public water system" means a water system providing water for human consumption if the water system has at least 15 service connections or regularly serves an average of at least 25 individuals per day for at least 60 days each year. "Public water system" includes all of the following:

SB244,18,7 (a) Collection, treatment, storage, and distribution facilities that are under the control of the owner or operator of the water system and are used primarily in connection with the water system.

SB244,18,10 (b) Collection or pretreatment storage facilities that are not under the control of the owner or operator of the water system but are used primarily in connection with the water system.

SB244,18,17 (13) "Pump installing" means installing, replacing, or reinstalling equipment or material needed to withdraw water from a well, including making an entrance to a well, establishing seals and other safeguards to prevent contamination, installing a pressure tank, connecting a pump to a pressure tank or reservoir, installing a water treatment device in a well or between a well and a building control valve or a pressure tank, installing water service piping from a well to a building, and installing controls needed to operate a pump.

SB244,18,18 (13u) "Waters of the state" has the meaning given in s. 281.01 (18).

SB244,18,21 (14) "Water system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served, and service pipes from building to street main.

SB244,18,24 (15) "Well" means a drill hole constructed by drilling, digging, boring, driving, or other method for the purpose of withdrawing, monitoring, or gaining access to groundwater.

SB244,19,3 (16) "Well drilling" means constructing or reconstructing a well, by any means such as digging, boring, drilling, or jetting, except well point driving, and includes hydrofracturing and the installation of well casings.

SB244,19,7 (17) "Well point driving" means joining a drive point, with a diameter of not more than 3 inches, with lengths of pipe and driving or jetting the assembly into the ground more than 10 feet below the ground surface with either motor or manually driven percussion equipment.

SB244,19,13 280.03 Powers of the department. The department has general supervision and control over all drill holes, water systems, methods of withdrawing groundwater, and methods of providing and ensuring the sanitary provision of water for all purposes. In connection with this authority, the department may do any act necessary to safeguard the public health and to protect the groundwater and surface water, including any of the following:

SB244,19,16 (1) Establish and administer a safe drinking water program that is no less stringent than the requirements of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26.

SB244,19,18 (3) Cooperate with the division of emergency management under s. 166.03 in preparing plans or providing safe drinking water under emergency conditions.

SB244,19,21 (4) Enter into agreements, contracts, or cooperative arrangements with other persons to administer this chapter, except for enforcement of provisions related to s. 280.24.