101.1435 Removal and closure of underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).
(2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system that has not been properly closed and to backfill the excavation if any of the following applies:
(a) The department is unable to identify the owner of, or other person responsible for, the underground petroleum product storage tank system.
(b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.
(c) The department determines that the owner of the underground petroleum product storage tank system is unwilling to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.
(3) The department shall pay the costs incurred under sub. (2) from the appropriation under s. 20.143 (3) (v). The department may not pay more than $250,000 annually under this section.
(4) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
(End)
LRB-0319LRB-0319/3
RCT:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0039 - Funding for anaerobic digesters
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill requires DATCP to provide funding, from the recycling fund, for research and development of anaerobic digesters. The research and development must be conducted at farms participating in the discovery farms program of the Wisconsin Agricultural Stewardship Initiative, Inc., a nonprofit organization. An anaerobic digester on a farm produces and collects methane from animal waste.
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. 20.115 (4) (t) of the statutes is created to read:
20.115 (4) (t) Anaerobic digester research and development. Biennially, from the recycling fund, the amounts in the schedule for anaerobic digester research and development under s. 93.43.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 93.43 of the statutes is created to read:
93.43 Anaerobic digester research and development. The department shall provide funding for research and development of anaerobic digesters at farms participating in the discovery farms program of the Wisconsin Agricultural Stewardship Initiative, Inc.
(End)
LRB-0320LRB-0320/2
RCT:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0040 - Bonding increase for soil and water resource management
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, DATCP administers the Soil and Water Resource Management Program. The program provides grants for land and water resource management projects and for the construction of animal waste management systems. This bill increases the general obligation bonding authority for the Soil and Water Resource Management Program by $7,000,000.
For further information see the state and local 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. 20.866 (2) (we) of the statutes is amended to read:
20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $26,075,000 $33,075,000 for this purpose.
(End)
LRB-0323LRB-0323/1
RCT:jld:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0043 - Penalties for nursery and plant quarantine laws
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Currently, DATCP administers laws regulating nurseries and laws related to plant pests, which include authorization of quarantines and orders for treatment of infested plants. A person violating these laws is subject to criminal penalties consisting of a fine of up to $200 or imprisonment for not more than six months or both.
This bill modifies the penalties for violating laws regulating nurseries and laws related to plant pests. Under the bill, a person violating these laws may be fined up to $1,000 for a first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than six months, or both, for a subsequent offense. The bill also provides that, in lieu of the criminal penalties, a person violating these laws may be required to pay a forfeiture (civil penalty) of not less than $200 nor more than $5,000 or, for an offense committed within five years of a previous offense, may be required to pay a forfeiture of not less than $400 nor more than $10,000.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 94.77 of the statutes is renumbered 94.77 (1) and amended to read:
94.77 (1) Any person who violates any provision of this chapter for which a specific penalty is not prescribed shall, or an order issued or rule promulgated under such a provision, may be fined not to exceed $200 more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned in the county jail not to exceed not more than 6 months or both for each subsequent offense.
SECTION 2. 94.77 (2) of the statutes is created to read:
94.77 (2) In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.
SECTION 3. 94.77 (3) of the statutes is created to read:
94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.
SECTION 9303. Initial applicability; Agriculture, Trade and Consumer Protection.
(1) PLANT INDUSTRY PENALTIES. The renumbering and amendment of section 94.77 of the statutes and the creation of section 94.77 (2) and (3) of the statutes first apply to violations committed on the effective date of this subsection.
(End)
LRB-0325LRB-0325/1
RCT:cjs:jf
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0045 - DATCP various changes in appropriations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill eliminates appropriations and statutory language for DATCP programs that have ended. The bill also makes some minor changes in terminology related to DATCP activities.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.115 (1) (k) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.115 (3) (title) of the statutes is amended to read:
20.115 (3) (title) MARKETING AGRICULTURAL DEVELOPMENT SERVICES.
****NOTE: This SECTION involves a change that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.115 (3) (g) of the statutes is amended to read:
20.115 (3) (g) Related services. The amounts in the schedule for the conduct of authorized marketing agricultural development services. All moneys received from authorized fees related to marketing agricultural development services shall be credited to this appropriation account.
SECTION 5. 20.115 (3) (ja) of the statutes is amended to read:
20.115 (3) (ja) Marketing Agricultural development services and materials. All moneys received from publication sales and service fees authorized by law that are related to marketing agricultural development, for the publication of informational materials and the provision of services related to marketing agricultural development.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.115 (4) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 7. 20.115 (7) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 8. 20.115 (7) (e) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 9. 20.115 (7) (ue) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 10. 20.505 (8) (hm) 2m. of the statutes is repealed.
SECTION 11. 88.15 of the statutes is repealed.
SECTION 12. 93.06 (1q) of the statutes is amended to read:
93.06 (1q) MARKETING AGRICULTURAL DEVELOPMENT SERVICES. Provide marketing agricultural development services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.
SECTION 13. 93.75 of the statutes is repealed.
SECTION 14. 94.695 of the statutes is repealed.
SECTION 15. 94.73 (2) (c) of the statutes is amended to read:
94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.
SECTION 16. 94.73 (7) (a) of the statutes is amended to read:
94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
(End)
LRB-0329LRB-0329/1
RLR:wlj:rs
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0019 - Resource center and sand ridge appropriations
For 2007-09 Budget -- Not Ready For Introduction
