SB244: Bill Text

SB244,50,5 (5) For purposes of subs. (2) to (4), each violation is a separate offense and each day of continued violation is a separate offense.

SB244,50,10 (6) (a) Notwithstanding subs. (2) to (4), any person who violates this chapter, a rule promulgated under this chapter, or an order, license, or approval issued under this chapter with respect to any requirement of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26, shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of continued violation is a separate offense.

SB244,50,17 (b) Notwithstanding subs. (2) to (4), any person who intentionally commits an act that violates, or intentionally fails to perform an act required by, this chapter, a rule promulgated under this chapter, or an order, license, or approval issued under this chapter with respect to any requirement of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26, is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 for each day of violation.

SB244,50,19 Subchapter VI Financial assistance

SB244, s. 41 Section 41. Chapter 281 (title) of the statutes is amended to read:

SB244,50,22 CHAPTER 281 water POLLUTION and sewage

SB244, s. 42 Section 42. 281.01 (8) of the statutes is amended to read:

SB244,51,2 281.01 (8) "Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.

SB244, s. 43 Section 43. 281.01 (15) of the statutes is amended to read:

SB244,51,13 281.01 (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 (1).

SB244, s. 44 Section 44. 281.01 (16) of the statutes is amended to read:

SB244,51,16 281.01 (16) "System or plant" includes water and sewerage systems and sewage and refuse disposal plants.

SB244, s. 45 Section 45. 281.01 (20) of the statutes is repealed.

SB244, s. 46 Section 46. 281.12 (3) of the statutes is amended to read:

SB244,51,24 281.12 (3) The department, upon request, shall consult with and advise owners who have installed or are about to install systems or plants, as to the most appropriate water source and the best method of providing for its purity, or as to the best method of disposing of wastewater, including operations and maintenance, taking into consideration the future needs of the community for protection of its water supply. The department is not required to prepare plans.

SB244, s. 47 Section 47. 281.13 (title) of the statutes is repealed and recreated to read:

SB244,52,1 281.13 (title) Research.

SB244, s. 48 Section 48. 281.13 (1) (a) of the statutes is renumbered 280.03 (2), and 280.03 (2) (intro.), as renumbered, is amended to read:

SB244,52,6 280.03 (2) (intro.) The department is authorized to act Act with the U.S. geological survey in determining the sanitary and other conditions and nature of the natural water sources in this state, for the following purposes:

SB244, s. 49 Section 49. 281.13 (1) (b) of the statutes is repealed.

SB244, s. 50 Section 50. 281.13 (3) of the statutes is renumbered 281.13.

SB244, s. 51 Section 51. 281.17 (3) of the statutes is amended to read:

SB244,53,4 281.17 (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, 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.

SB244, s. 52 Section 52. 281.17 (8) of the statutes is repealed.

SB244, s. 53 Section 53. 281.17 (9) of the statutes is renumbered 280.03 (8m) and amended to read:

SB244,53,11 280.03 (8m) The department may require Require owners of water systems to demonstrate the technical, managerial, and financial capacity to comply with national primary drinking water regulations under 42 USC 300g-1 and may assist owners of water systems to develop that capacity.

SB244, s. 54 Section 54. 281.19 (2) (a) of the statutes is amended to read:

SB244,53,24 281.19 (2) (a) The department may issue special orders directing particular owners to remedy violations of the safe drinking water program under s. 281.17 (8) and (9) or to secure such operating results toward the control of pollution of the waters of the state as the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as it prescribes. If any owner cannot comply with an order within the time specified, the owner may, before the date set in the order, petition the department to modify the order. The department may modify the order, specifying in writing the reasons therefor. If any order is not complied with within the time period specified, the department shall immediately notify the attorney general of this fact. After receiving the notice, the attorney general shall may commence an action under s. 299.95.

SB244, s. 55 Section 55. 281.35 (1) (a) and (b) 2. of the statutes are amended to read:

SB244,54,2 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval under s. 280.10, 281.17 (1) or 281.41.

SB244,54,5 (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 280.10 (3), 281.17 (1) or 281.41.

SB244, s. 56 Section 56. 281.35 (4) (a) 3. and (b) (intro.) of the statutes are amended to read:

SB244,54,13 281.35 (4) (a) 3. An owner who is operating a sewage system or sewage and refuse disposal plant under plans approved under s. 281.41 or, who is required to submit plans and obtain an approval under that section before construction or extension, modification, or operation of a proposed sewage system or sewage and refuse disposal plant, who is operating a water system under an approval under s. 280.10, or who is required to obtain an approval under s. 280.10 before construction, modification, or operation of a water system.

SB244,54,17 (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 280.10 (1), 281.17 (1) or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

SB244, s. 57 Section 57. 281.41 (1) (c) of the statutes is amended to read:

SB244,55,3 281.41 (1) (c) Construction or material change shall be according to approved plans only. The department may disapprove plans that are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended 33 USC 1251 to 1387, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department.

SB244, s. 58 Section 58. 281.45 of the statutes is amended to read:

SB244,55,24 281.45 House connections. To assure preservation of preserve the public health, comfort and safety, any city, village or town or town sanitary district having a system of waterworks or sewerage, or both, may municipality with a sewerage system shall by ordinance require buildings used for human habitation and located adjacent to a sewer or water main, or in a block through which one or both of these systems extend, to be connected with either or both to the sewerage system in the manner prescribed by the municipality. If any person fails to comply with the ordinance for more than 10 days after notice in writing, the municipality may impose a penalty or may cause forfeiture. The municipality may also complete the connection to be made, and charge the expense thereof shall be assessed as a special tax assessment against the property. Except in 1st class cities, the owner may, within 30 days after the completion of the work, file a written option with the municipal clerk stating that he or she cannot pay the amount in one sum and asking that it be levied in not to exceed municipality shall collect the special assessment in 5 equal annual installments, and the amount shall be so collected with interest at a rate not to exceed 15% per year from the completion of the work, the unpaid balance to be a special tax lien if the property owner files a written request with the municipal clerk within 30 days after completion of the connection. If the property owner does not file a request or if the property is located in a 1st class city, the property owner shall pay the entire sum in a single payment.

SB244, s. 59 Section 59. 281.53 of the statutes is renumbered 280.54, and 280.54 (1) and (3), as renumbered, are amended to read:

SB244,56,11 280.54 (1) The department may award a municipal clean drinking water grant, from the appropriation under s. 20.866 (2) (tb), to a municipality local governmental unit for capital costs to achieve compliance with standards for contaminants established by the department by rule under the safe drinking water program under s. 281.17 (8) 280.03 (1), if the municipality local governmental unit is not in compliance with those standards on or after April 1, 1990, if the municipality local governmental unit incurs the capital costs after January 1, 1989, and if the violation of the standards for contaminants occurs in a public water system owned by the municipality local governmental unit.

SB244,56,16 (3) The department shall rank applicants for grants under this section on the basis of the severity of risk to human health posed by each applicant's violation of the standards for contaminants. If insufficient funds are available for providing grants to eligible municipalities local governmental units, the department shall allocate grants based on the severity of risk to human health.

SB244, s. 60 Section 60. 281.75 (title) and (1) (intro.), (a) and (b) of the statutes are renumbered 280.52 (title) and (1) (intro.), (a) and (b).

SB244, s. 61 Section 61. Subchapter VI (title) of chapter 281 [precedes s. 281.75] of the statutes is repealed.

SB244, s. 62 Section 62. 281.75 (1) (c) of the statutes is repealed.

SB244, s. 63 Section 63. 281.75 (1) (d) to (g) of the statutes are renumbered 280.52 (1) (d) to (g).

SB244, s. 64 Section 64. 281.75 (1) (h) of the statutes is renumbered 280.52 (1) (h) and amended to read:

SB244,57,3 280.52 (1) (h) "Well" Notwithstanding s. 280.01 (15), "well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.

SB244, s. 65 Section 65. 281.75 (2) and (3) of the statutes are renumbered 280.52 (2) and (3).

SB244, s. 66 Section 66. 281.75 (4) of the statutes is renumbered 280.52 (4).

SB244, s. 67 Section 67. 281.75 (4m) to (11) of the statutes are renumbered 280.52 (4m) to (11).

SB244, s. 68 Section 68. 281.75 (12) (intro.) and (a) of the statutes are renumbered 280.52 (12) (intro.) and (a).

SB244, s. 69 Section 69. 281.75 (12) (b) of the statutes is renumbered 280.52 (12) (b) and amended to read:

SB244,57,15 280.52 (12) (b) If the well is a drilled well, it is constructed by a well driller licensed under ch. 280 s. 280.24 or, if the well is a sandpoint well, it is constructed by a well driller or pump installer well point driver licensed under ch. 280 s. 280.24.

SB244, s. 70 Section 70. 281.75 (13) to (17) of the statutes are renumbered 280.52 (13) to (17).

SB244, s. 71 Section 71. 281.75 (18) of the statutes is renumbered 280.52 (18) and amended to read:

SB244,57,25 280.52 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 this chapter if the department finds that the licensee falsified information submitted under this section. The department of commerce may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce finds that the plumber falsified information submitted under this section.

SB244, s. 72 Section 72. 281.75 (19) of the statutes is renumbered 280.52 (19), and 280.52 (19) (intro.), as renumbered, is amended to read:

SB244,58,5 280.52 (19) Penalties. (intro.) Whoever Notwithstanding s. 280.49, whoever does any of the following shall forfeit not less than $100 nor more than $1,000 and shall be required to repay an award issued to that person under this section:

SB244, s. 73 Section 73. 281.77 of the statutes is renumbered 280.19, and 280.19 (title), (1) (b) and (3), as renumbered, are amended to read:

SB244,58,8 280.19 (title) Damage to private water supplies.

SB244,58,15 (1) (b) "Regulated activity" means an activity for which the department may issue an order under ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of ch. 281, except s. 281.48, or in violation of chs. 285 or 289 to 299 or this chapter , except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

SB244,58,23 (3) In any action brought by the department of justice under s. 280.46 or 299.95 or by a district attorney under s. 280.46, if the court finds that a regulated activity owned or operated by the defendant has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the court may order the defendant to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4).

SB244, s. 74 Section 74. 281.97 of the statutes is amended to read:

SB244,59,8 281.97 Records; inspection. Records Owners shall keep records required by the department shall be kept by the owners and shall supply the department supplied with certified copies of those records and such other information as it may require required by the department. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, or sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with.

SB244, s. 75 Section 75. 281.98 (1) of the statutes is amended to read:

SB244,59,15 281.98 (1) Except as provided in ss. s. 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.

SB244, s. 76 Section 76. 281.98 (2) of the statutes is amended to read:

SB244,59,22 281.98 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection.

SB244, s. 77 Section 77. 281.99 of the statutes, as affected by 2003 Wisconsin Act 33, is renumbered 280.50, and 280.50 (1) (a), (b) 2. and (c), (2) (a) (intro.), (3) and (5), as renumbered, are amended to read:

SB244,60,3 280.50 (1) (a) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of safe drinking water program rules promulgated under s. 281.17 (8) or (9) 280.03 (1) or 280.05 (1) (f).

SB244,60,8 (b) 2. The department may directly assess a forfeiture by issuing an order under par. (c) without first providing notice if the alleged violation either creates an acute risk to public health or safety or is part of a documented pattern of noncompliance with one or more rules promulgated under s. 281.17 (8) or (9) 280.03 (1) or (8m) or 280.05 (1) (f).

SB244,60,15 (c) If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) 280.40 (5m) to the water system owner or operator alleged to have committed the violation. Except as provided in par. (b) 2., the department may not issue the order until at least 60 days after the day on which it provided notice under par. (b) 1. The order shall specify the amount of the forfeiture assessed, the violation and the rule alleged to have been violated and shall inform the licensee of the right to contest the order under sub. (3).

SB244,60,17 (2) (a) (intro.) The Notwithstanding s. 280.49, the amount of forfeitures that the department may assess under this section are as follows:

SB244,60,21 (3) A water system owner or operator may contest the issuance of an order and the assessment of a forfeiture under this section using the procedure under ch. 227 or s. 281.19 (8) 280.40 (5m) (c). A water system owner or operator that timely requests a hearing under ch. 227 is entitled to a contested case hearing.

SB244,60,25 (5) The attorney general may bring an action as provided in s. 281.19 (2) (a) 280.46 (1) (b) in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews.

SB244, s. 78 Section 78. 285.01 (40) of the statutes is amended to read:

SB244,61,11 285.01 (40) "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 (1).

SB244, s. 79 Section 79. 289.01 (33) of the statutes is amended to read:

SB244,61,22 289.01 (33) "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 (1).

SB244, s. 80 Section 80. 289.01 (44) of the statutes is repealed.

SB244, s. 81 Section 81. 292.65 (1) (g) of the statutes is amended to read:

SB244,62,2 292.65 (1) (g) "Groundwater" has the meaning given in s. 281.75 (1) (c) 299.01 (5).

SB244, s. 82 Section 82. 295.11 (10) of the statutes is amended to read:

SB244,62,13 295.11 (10) "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 (1).

SB244, s. 83 Section 83. 299.07 (1) (a) 1. of the statutes is amended to read:

SB244,62,15 299.07 (1) (a) 1. A license or registration under s. 280.15 280.24.

SB244, s. 84 Section 84. 299.07 (1) (a) 2. of the statutes is amended to read:

SB244,62,17 299.07 (1) (a) 2. A certification under s. 280.20 or 281.17 (3).

SB244, s. 85 Section 85. 299.08 (1) (a) 1. of the statutes is amended to read: