Hazardous substances and environmental cleanup
Under current law, DNR maintains a database containing information about properties on which groundwater standards are exceeded. DNR collects a fee for placing information about a property into that database. This bill changes the appropriation into which these fees are deposited.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (2) (dh) of the statutes is amended to read:
20.370 (2) (dh) Solid waste management -- remediated property. All moneys received under ss. 292.11 (7) (d) 2., 292.13 (3), 292.15 (5), 292.21 (1) (c) 1. d., 292.35 (13), 292.55 (2), 292.57 (2), and 292.94 for the department's activities related to the issuance of determinations under s. 292.13 (2), remedial action cost recovery under s. 292.35, remediation of property under ss. 292.11 (7) (d), 292.15 (2) and (4), and, 292.55 (1), and 292.57 and conducting reviews described in s. 292.94.
SECTION 2. 292.57 (2) (b) of the statutes is amended to read:
292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi) (dh).
(End)
LRB-0457LRB-0457/1
RCT:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0169 - Wastewater fee 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
Under current law, DNR certifies operators of water systems, wastewater treatment plants, and septage servicing vehicles. DNR charges fees for certification. This bill creates an appropriation to DNR, from these fees, for administrative activities related to the certification of operators of water systems, wastewater treatment plants, and septage servicing vehicles.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (3) (bL) of the statutes is created to read:
20.370 (3) (bL) Operator certification -- fees. From the general fund, from the moneys received under ss. 281.17 (3) and 281.48 (4s) (a) and (b), the amounts in the schedule for administrative activities related to the certification of operators of water systems, wastewater treatment plants, and septage servicing vehicles.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.370 (4) (bL) of the statutes is amended to read:
20.370 (4) (bL) Wastewater management -- fees. From the general fund, all from the moneys received under s. ss. 281.17 (3) and s. 281.48 (4s) (a) and (b), all moneys not appropriated under sub. (3) (bL), for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles and under s. 281.48 (4s) (a) and (b) for wastewater management activities.
(End)
LRB-0458LRB-0458/2
RCT:wlj:jf
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0173 - Well abandonment compensation
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 current law, DNR administers a program that provides compensation to landowners or lessees of properties on which contaminated wells are located. A landowner or lessee with a family income of not more than $65,000 may be eligible for the program. The program generally pays 75 percent of eligible costs with a maximum award of $9,000. Eligible costs include the costs of treating the well water or of constructing a new well or obtaining clean water from another source. If a new well is constructed or clean water is obtained from another source, the cost of abandoning the contaminated well is also an eligible cost. Abandoning a well generally involves filling and sealing the well.
This bill expands the program that provides compensation for well contamination so that it covers claims solely for the costs of abandoning a well that is unused or that poses a hazard to health or safety.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (6) (cr) (title) of the statutes is amended to read:
20.370 (6) (cr) (title) Environmental aids -- compensation for well contamination and abandonment.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 281.75 (title) of the statutes is amended to read:
281.75 (title) Compensation for well contamination and abandonment.
SECTION 3. 281.75 (1) (h) of the statutes is amended to read:
281.75 (1) (h) "Well," if not followed by the words, "subject to abandonment," 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.
SECTION 4. 281.75 (1) (i) of the statutes is created to read:
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.
