281.75 (1) (i) "Well subject to abandonment" means a well that is required to be abandoned under s. NR 812.26 (2) (a), Wis. Adm. Code, or that the department may require to be abandoned under s. NR 812.26 (2) (b), Wis. Adm. Code.
SECTION 5. 281.75 (2) (e) of the statutes is created to read:
281.75 (2) (e) Establish requirements for the filling and sealing of wells subject to abandonment.
SECTION 6. 281.75 (3) (a) of the statutes is renumbered 281.75 (3) and amended to read:
281.75 (3) WELLS FOR WHICH A CLAIM MAY BE SUBMITTED; SUNSET DATE. A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated or for a well subject to abandonment.
SECTION 7. 281.75 (3) (b) of the statutes is repealed.
SECTION 8. 281.75 (4) (a) of the statutes is amended to read:
281.75 (4) (a) Except as provided under par. (b), a landowner or lessee of property on which is located a contaminated private water supply or a well subject to abandonment, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.
SECTION 9. 281.75 (4m) (a) of the statutes is amended to read:
281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000.
SECTION 10. 281.75 (5) (b) 1. of the statutes is amended to read:
281.75 (5) (b) 1. Test results which show that the private water supply is contaminated, as defined under sub. (1) (b) 1. or 2., or information to show that the private water supply is contaminated as defined under sub. (1) (b) 3., or information to show that the well is a well subject to abandonment;
SECTION 11. 281.75 (5) (b) 2. of the statutes is amended to read:
281.75 (5) (b) 2. Any If the claim is based on a contaminated private water supply, any information available to the claimant regarding possible sources of contamination of the private water supply; and
SECTION 12. 281.75 (5) (d) 1. of the statutes is amended to read:
281.75 (5) (d) 1. Enter the property where the private water supply or well subject to abandonment is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and
SECTION 13. 281.75 (5) (d) 2. of the statutes is amended to read:
281.75 (5) (d) 2. Cooperate If the claim is based on a contaminated private water supply, cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated.
SECTION 14. 281.75 (5) (e) of the statutes is amended to read:
281.75 (5) (e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply or for the same well subject to abandonment.
SECTION 15. 281.75 (7) (a) of the statutes is amended to read:
281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The award may not pay more than 75% of the eligible costs. The award may not pay any portion of eligible costs in excess of $12,000.
SECTION 16. 281.75 (7) (c) 1. of the statutes is amended to read:
281.75 (7) (c) 1. The If the claim is based on a contaminated private water supply, the cost of obtaining an alternate water supply;
SECTION 17. 281.75 (7) (c) 2. (intro.) of the statutes is amended to read:
281.75 (7) (c) 2. (intro.) The If the claim is based on a contaminated private water supply, the cost of any one of the following:
SECTION 18. 281.75 (7) (c) 3. of the statutes is amended to read:
281.75 (7) (c) 3. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed or, if connection to a public or private water supply is provided, or if the claim is based on a well subject to abandonment;
SECTION 19. 281.75 (7) (c) 4. of the statutes is amended to read:
281.75 (7) (c) 4. The cost of obtaining 2 tests to show that the private water supply was contaminated if the claim is based on a contaminated private water supply and the cost of those tests was originally paid by the claimant;
SECTION 20. 281.75 (7) (c) 5. of the statutes is amended to read:
281.75 (7) (c) 5. Purchasing The cost of purchasing and installing a pump, if the claim is based on a contaminated private water supply and a new pump is necessary for the new or reconstructed private water supply; and
SECTION 21. 281.75 (7) (c) 6. of the statutes is amended to read:
281.75 (7) (c) 6. Relocating If the claim is based on a contaminated private water supply, the cost of relocating pipes, as necessary, to connect the replacement water supply to the buildings served by it.
SECTION 22. 281.75 (8) (intro.) of the statutes is renumbered 281.75 (8) and amended to read:
281.75 (8) COPAYMENT. The department shall require a payment by the claimant equal to the total of the following: copayment of $250 unless the claim is solely for well abandonment.
SECTION 23. 281.75 (8) (a) and (b) of the statutes are repealed.
SECTION 24. 281.75 (11) (a) 4. of the statutes is amended to read:
281.75 (11) (a) 4. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well.
SECTION 25. 281.75 (11) (a) 5. of the statutes is amended to read:
281.75 (11) (a) 5. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim.
SECTION 26. 281.75 (11) (a) 6. of the statutes is amended to read:
281.75 (11) (a) 6. All If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location.
SECTION 27. 281.75 (11) (a) 7. of the statutes is amended to read:
281.75 (11) (a) 7. Except as provided in sub. (14), an award has been made under this section within the previous 10 years for the parcel of land where the private water supply is located and the claim is based on a contaminated private water supply.
SECTION 28. 281.75 (11) (a) 8. of the statutes is amended to read:
281.75 (11) (a) 8. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply, is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance.
SECTION 29. 281.75 (11) (a) 9. of the statutes is amended to read:
281.75 (11) (a) 9. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a livestock water supply, is contaminated by bacteria, and is not contaminated by any other substance.
SECTION 30. 281.75 (11) (b) (title) of the statutes is amended to read:
281.75 (11) (b) (title) Limits on awards for contaminated wells; purposes.
SECTION 31. 281.75 (11) (d) (title) of the statutes is amended to read:
281.75 (11) (d) (title) Limits on awards for contaminated wells; amount.
SECTION 32. 281.75 (17) (a) of the statutes is amended to read:
281.75 (17) (a) A claim based on a contaminated private water supply may be submitted irrespective of the time when the contamination is or could have been discovered in the private water supply. A claim may be submitted for contamination which commenced before May 11, 1984, and continues at the time a claim is submitted under this section.
(End)
LRB-0459LRB-0459/1
RCT:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0174 - Safe drinking water loan appropriation
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
This bill changes a federal appropriation to DNR for the general program operations of the Safe Drinking Water Loan Program so that DNR may expend all of the federal moneys received for this purpose, rather than being limited to the amounts in the appropriation schedule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (4) (nz) of the statutes is amended to read:
20.370 (4) (nz) General program operations -- safe drinking water loan programs; federal funds. As a continuing appropriation, from From the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, the amounts in the schedule all moneys received from the federal government for the general program operations of the safe drinking water loan program under s. 281.59 or 281.61 and other drinking water quality activities under s. 281.62 to be used for those operations and activities.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0460LRB-0460/1
RCT:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0163 - Wastewater plans and specifications review
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under the Clean Water Fund Program, this state provides financial assistance for projects for controlling water pollution, including sewage treatment plants. This bill eliminates the requirement that DNR approve construction plans and specifications for projects under the Clean Water Fund Program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 281.58 (2m) (e) of the statutes is amended to read:
281.58 (2m) (e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and s. 281.59 and, if applicable, of 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.
SECTION 2. 281.58 (9) (ae) of the statutes is amended to read:
281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.
SECTION 3. 281.58 (15) (a) (intro.) and 1. of the statutes are consolidated, renumbered 281.58 (15) (a) and amended to read:
281.58 (15) (a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur: 1. The the department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.
SECTION 4. 281.58 (15) (a) 2. of the statutes is repealed.
(End)
LRB-0461LRB-0461/2
RCT:wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0160 - Authorize DNR to make agreements to accept information electronically
For 2005-07 Budget -- Not Ready For Introduction
