AB100: Bill Text

AB100,990,4 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100, s. 2159 Section 2159. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

AB100,990,7 281.59 (3s) (b) 1. Equal to $12,800,000 $13,500,000 during the 2003-05 2005-07 biennium.

AB100,990,8 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100, s. 2160 Section 2160. 281.61 (1) (b) of the statutes is amended to read:

AB100,990,13 281.61 (1) (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by this state to fund a loan or portion of a loan for a clean water fund program project under s. 281.58 has the meaning given in s. 281.59 (1) (b).

AB100, s. 2161 Section 2161. 281.75 (title) of the statutes is amended to read:

AB100,990,15 281.75 (title) Compensation for well contamination and abandonment.

AB100, s. 2162 Section 2162. 281.75 (1) (h) of the statutes is amended to read:

AB100,990,19 281.75 (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.

AB100, s. 2163 Section 2163. 281.75 (1) (i) of the statutes is created to read:

AB100,990,23 281.75 (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.

AB100, s. 2164 Section 2164. 281.75 (2) (e) of the statutes is created to read:

AB100,991,2 281.75 (2) (e) Establish requirements for the filling and sealing of wells subject to abandonment.

AB100, s. 2165 Section 2165. 281.75 (3) (a) of the statutes is renumbered 281.75 (3) and amended to read:

AB100,991,7 281.75 (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.

AB100, s. 2166 Section 2166. 281.75 (3) (b) of the statutes is repealed.

AB100, s. 2167 Section 2167. 281.75 (4) (a) of the statutes is amended to read:

AB100,991,13 281.75 (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.

AB100, s. 2168 Section 2168. 281.75 (4m) (a) of the statutes is amended to read:

AB100,991,18 281.75 (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.

AB100, s. 2169 Section 2169. 281.75 (5) (b) 1. of the statutes is amended to read:

AB100,991,23 281.75 (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;

AB100, s. 2170 Section 2170. 281.75 (5) (b) 2. of the statutes is amended to read:

AB100,992,3 281.75 (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

AB100, s. 2171 Section 2171. 281.75 (5) (d) 1. of the statutes is amended to read:

AB100,992,7 281.75 (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

AB100, s. 2172 Section 2172. 281.75 (5) (d) 2. of the statutes is amended to read:

AB100,992,12 281.75 (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.

AB100, s. 2173 Section 2173. 281.75 (5) (e) of the statutes is amended to read:

AB100,992,16 281.75 (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.

AB100, s. 2174 Section 2174. 281.75 (7) (a) of the statutes is amended to read:

AB100,992,23 281.75 (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.

AB100, s. 2175 Section 2175. 281.75 (7) (c) 1. of the statutes is amended to read:

AB100,993,2 281.75 (7) (c) 1. The If the claim is based on a contaminated private water supply, the cost of obtaining an alternate water supply;

AB100, s. 2176 Section 2176. 281.75 (7) (c) 2. (intro.) of the statutes is amended to read:

AB100,993,5 281.75 (7) (c) 2. (intro.) The If the claim is based on a contaminated private water supply, the cost of any one of the following:

AB100, s. 2177 Section 2177. 281.75 (7) (c) 3. of the statutes is amended to read:

AB100,993,9 281.75 (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;

AB100, s. 2178 Section 2178. 281.75 (7) (c) 4. of the statutes is amended to read:

AB100,993,13 281.75 (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;

AB100, s. 2179 Section 2179. 281.75 (7) (c) 5. of the statutes is amended to read:

AB100,993,17 281.75 (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

AB100, s. 2180 Section 2180. 281.75 (7) (c) 6. of the statutes is amended to read:

AB100,993,21 281.75 (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.

AB100, s. 2181 Section 2181. 281.75 (8) (intro.) of the statutes is renumbered 281.75 (8) and amended to read:

AB100,994,3 281.75 (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.

AB100, s. 2182 Section 2182. 281.75 (8) (a) and (b) of the statutes are repealed.

AB100, s. 2183 Section 2183. 281.75 (11) (a) 4. of the statutes is amended to read:

AB100,994,8 281.75 (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.

AB100, s. 2184 Section 2184. 281.75 (11) (a) 5. of the statutes is amended to read:

AB100,994,13 281.75 (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.

AB100, s. 2185 Section 2185. 281.75 (11) (a) 6. of the statutes is amended to read:

AB100,994,19 281.75 (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.

AB100, s. 2186 Section 2186. 281.75 (11) (a) 7. of the statutes is amended to read:

AB100,994,24 281.75 (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.

AB100, s. 2187 Section 2187. 281.75 (11) (a) 8. of the statutes is amended to read:

AB100,995,3 281.75 (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.

AB100, s. 2188 Section 2188. 281.75 (11) (a) 9. of the statutes is amended to read:

AB100,995,7 281.75 (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.

AB100, s. 2189 Section 2189. 281.75 (11) (b) (title) of the statutes is amended to read:

AB100,995,9 281.75 (11) (b) (title) Limits on awards for contaminated wells; purposes.

AB100, s. 2190 Section 2190. 281.75 (11) (d) (title) of the statutes is amended to read:

AB100,995,11 281.75 (11) (d) (title) Limits on awards for contaminated wells; amount.

AB100, s. 2191 Section 2191. 281.75 (17) (a) of the statutes is amended to read:

AB100,995,17 281.75 (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.

AB100, s. 2192 Section 2192. 285.01 (17m) of the statutes is created to read:

AB100,995,21 285.01 (17m) "Entire facility" means all stationary sources that are under the control of one person or under the control of persons who are under common control and that are located on contiguous properties.

AB100, s. 2193 Section 2193. 285.69 (1d) of the statutes is created to read:

AB100,995,25 285.69 (1d) Request for waiver of construction permit requirement. An owner or operator that requests a waiver under s. 285.60 (5m) of the requirement to obtain a construction permit shall pay to the department a fee of $300.

AB100, s. 2194 Section 2194. 285.69 (1g) of the statutes is created to read:

AB100,996,6 285.69 (1g) Annual fees for operation permit exemption. The owner or operator of a stationary source that is exempt from the requirement to obtain an operation permit under s. 285.62 shall pay to the department a fee of $300 per year if the stationary source had actual emissions of a regulated pollutant in excess of 3 tons in the preceding year.

AB100, s. 2195 Section 2195. 285.69 (2) (title) of the statutes is amended to read:

AB100,996,9 285.69 (2) (title) Fees for persons required to have operation permits under federal law.

AB100, s. 2196 Section 2196. 285.69 (2) (a) (intro.) of the statutes is amended to read:

AB100,996,14 285.69 (2) (a) (intro.) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required under the federal clean air act. The rules shall provide all of the following:

AB100, s. 2197 Section 2197. 285.69 (2m) of the statutes is created to read:

AB100,996,21 285.69 (2m) Fees for persons required to have operation permits under state law. (a) Registration operation permits. The owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,500 per year if the entire facility was covered by a registration operation permit under s. 285.60 (2g) in the preceding year.

AB100,996,25 (b) General operation permits. The owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,500 per year if the entire facility was covered by a general operation permit under s. 285.60 (3) in the preceding year.

AB100,997,5 (c) Operation permits for other sources. The owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $3,000 per year if the entire facility was not covered by a registration operation permit under s. 285.60 (2g) or by a general operation permit under s. 285.60 (3) in the preceding year.

AB100,997,9 (d) Use of fees. The fees collected under this subsection and sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB100,997,16 1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.

AB100,997,18 2. Costs of any other activities related to stationary sources of air contaminants.

AB100, s. 2198 Section 2198. 287.26 of the statutes is created to read:

AB100,997,24 287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. The department may not provide more than $500,000 annually under a contract under this section.

AB100, s. 2199 Section 2199. 289.645 (4) (e) of the statutes is created to read:

AB100,998,4 289.645 (4) (e) 1. Subject to subd. 2., the recycling fee does not apply to waste material that is acquired during the normal course of recycling operations by a person that makes paper or paperboard from wastepaper, if the waste material cannot be used to make paper or paperboard.

AB100,998,8 2. The maximum weight of waste material to which the exemption in subd. 1. applies in a year is 5 percent of the weight of all waste material from the facility at which the person makes paper or paperboard from wastepaper that is disposed of in that year.

AB100, s. 2200 Section 2200. 292.11 (7) (d) 1m. b. of the statutes is amended to read: