AB926: Bill Text

AB926,282,8 281.34 (4) (b) If, under sub. (5) (b), (c), or (d), the department requests an environmental impact report under s. 23.11 (5) 278.40 (1m) for a proposed high capacity well, the department may only request information in that report that relates only to the decisions that the department makes under this section related to the proposed high capacity well.

AB926, s. 1013 Section 1013. 281.34 (5) (b) 1. of the statutes is amended to read:

AB926,282,17 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1014 Section 1014. 281.34 (5) (c) of the statutes is amended to read:

AB926,283,2 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1015 Section 1015. 281.34 (5) (d) 1. of the statutes is amended to read:

AB926,283,11 281.34 (5) (d) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1016 Section 1016. 281.36 (9) (ar) 2. b. of the statutes is amended to read:

AB926,283,18 281.36 (9) (ar) 2. b. If the proprietor refuses to grant consent for the entry on, or the inspection of, the property or if the proprietor's explanation or terms of consent are not acceptable to the department of natural resources, the department of natural resources may apply for, obtain, or execute a special inspection warrant under s. 66.0119 or refer the matter to the department of justice for enforcement under s. 299.95.

AB926, s. 1017 Section 1017. 281.36 (9) (ar) 2. c. of the statutes is amended to read:

AB926,283,22 281.36 (9) (ar) 2. c. If the proprietor fails to respond to all requests made under subd. 1., an agent of the department of natural resources may apply for, obtain, and execute a special inspection warrant under s. 66.0119.

AB926, s. 1018 Section 1018. 281.37 (1) (a) 3. of the statutes is amended to read:

AB926,284,3 281.37 (1) (a) 3. A wild and scenic river designated under 16 USC 1271 to 1287, a wild river designated under s. 30.26 23.43, the Lower Wisconsin State Riverway or a scenic urban waterway designated under s. 30.275 23.434.

AB926, s. 1019 Section 1019. 281.43 (1) of the statutes is amended to read:

AB926,284,13 281.43 (1) The department of natural resources may require the sewerage system, or sewage or refuse disposal plant of any governmental unit including any town, village or city, to be so planned and constructed that it may be connected with that of any other town, village or city, and may, after hearing, upon due notice to the governmental units order the proper connections to be made or a group of governmental units including cities, villages, town sanitary districts or town utility districts may construct and operate a joint sewerage system under this statute without being so required by order of the department of natural resources but following hearing and approval of the department.

AB926, s. 1020 Section 1020. 281.48 (5s) of the statutes is amended to read:

AB926,284,17 281.48 (5s) Citations. (a) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of subs. (2) to (5).

AB926,284,21 (b) Notwithstanding s. 23.66 278.66 (4), the department shall promulgate rules establishing the basic amount of the deposit that may be made under s. 23.66 278.66 (1) by a person to whom a citation is issued under par. (a). The rules shall specify a different amount for each offense under subs. (2) to (5).

AB926, s. 1021 Section 1021. 281.55 (2) of the statutes is amended to read:

AB926,285,5 281.55 (2) In order that the construction of pollution prevention and abatement facilities necessary to the protection of state waters be encouraged, a state program of assistance to municipalities and school districts for the financing of such facilities is established and a program of state advances in anticipation of federal aid reimbursement is established to meet the state's water quality standards. These state programs shall be administered by the department of natural resources and the department shall make such rules as are necessary for the proper execution of the state program.

AB926, s. 1022 Section 1022. 281.55 (6) (b) 1. of the statutes is amended to read:

AB926,285,14 281.55 (6) (b) 1. These payments shall not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board department, with the approval of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in subd. 2. and subject to the limits set therein. Said debts shall be contracted for in the manner and form as the legislature hereafter prescribes.

AB926, s. 1023 Section 1023. 281.58 (9) (ae) of the statutes is amended to read:

AB926,285,20 281.58 (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 environmental quality may not approve a municipality's application until the municipality submits design plans and specifications.

AB926, s. 1024 Section 1024. 281.58 (9) (e) of the statutes is amended to read:

AB926,286,6 281.58 (9) (e) If the department of natural resources environmental quality and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, the department of environmental quality shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will be available only to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB926, s. 1025 Section 1025. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

AB926,286,13 281.58 (9m) (f) (intro.) If the department of natural resources environmental quality and the department of administration determine that the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

AB926, s. 1026 Section 1026. 281.58 (11) (b) of the statutes is amended to read:

AB926,286,17 281.58 (11) (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources environmental quality may approve financial hardship assistance.

AB926, s. 1027 Section 1027. 281.59 (11) (a) of the statutes is amended to read:

AB926,286,24 281.59 (11) (a) The department of natural resources environmental quality and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated subsidy under s. 281.58 (9m), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58, 281.60 or 281.61.

AB926, s. 1028 Section 1028. 281.59 (11) (c) of the statutes is amended to read:

AB926,287,6 281.59 (11) (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources environmental quality and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58, 281.60 or 281.61 and that the conditions of the financial assistance agreement are met.

AB926, s. 1029 Section 1029. 281.59 (12) of the statutes is amended to read:

AB926,287,13 281.59 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 281.58 (6) (b) 1. and guarantee or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources environmental quality approve the financial assistance under this section and s. 281.58.

AB926, s. 1030 Section 1030. 281.625 (4) of the statutes is amended to read:

AB926,287,18 281.625 (4) With the approval of the department of administration, the department of natural resources environmental quality may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 to guarantee loans under s. 234.86.

AB926, s. 1031 Section 1031. 281.65 (3) (at) of the statutes is amended to read:

AB926,287,22 281.65 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board department.

AB926, s. 1032 Section 1032. 281.65 (4g) of the statutes is amended to read:

AB926,288,5 281.65 (4g) The department may contract with any person from the appropriation account under s. 20.370 20.375 (4) (at) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 20.375 (4) (at) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

AB926, s. 1033 Section 1033. 281.65 (4m) (c) of the statutes is amended to read:

AB926,288,14 281.65 (4m) (c) The department shall submit a copy of any plan it completes under this subsection to any county located in or containing any watershed which is a subject of the plan and to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall review the plan and notify the department of natural resources environmental quality of its comments on the plan. A county receiving a plan under this subsection shall review the plan, approve or disapprove the plan and notify the department of natural resources environmental quality of its action on the plan.

AB926, s. 1034 Section 1034. 281.65 (7) (b) of the statutes is amended to read:

AB926,288,21 281.65 (7) (b) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under sub. (5m) or in a modification to such a plan under sub. (5s) or the department of natural resources may obtain a review of the decision of a county land conservation committee under par. (a) 2. by filing a written request with the land and water conservation board within 60 days after receiving the decision of the county land conservation committee.

AB926, s. 1035 Section 1035. 281.68 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,289,3 281.68 (2) (b) The total amount of lake monitoring contracts for each fiscal year may not exceed 10 percent of the total amount appropriated under s. 20.370 20.375 (6) (ar) and (as).

AB926, s. 1036 Section 1036. 281.69 (1b) (d) of the statutes is amended to read:

AB926,289,5 281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 278.32 (1).

AB926, s. 1037 Section 1037. 281.69 (3m) (a) of the statutes is amended to read:

AB926,289,13 281.69 (3m) (a) The department shall provide grants of $10,000 each from the appropriation under s. 20.370 20.375 (6) (ar) for lake management projects to eligible recipients, other than nonprofit conservation organizations, that have completed a comprehensive land use plan that includes a wetland enhancement or restoration project. The grant shall be used for the implementation of the wetland enhancement or restoration project. The 75% limitation under sub. (2) (a) does not apply to these grants.

AB926, s. 1038 Section 1038. 281.695 (5) of the statutes is amended to read:

AB926,289,24 281.695 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources environmental quality for that purpose. Any municipality may participate in the clean water fund program under ss. 281.58 and 281.59 and may enter into agreements with the department of administration and the department of natural resources environmental quality for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.

AB926, s. 1039 Section 1039. 281.695 (6) of the statutes is amended to read:

AB926,290,4 281.695 (6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources environmental quality pursuant to s. 281.55 (6) (b).

AB926, s. 1040 Section 1040. 281.73 of the statutes is amended to read:

AB926,290,10 281.73 Wastewater and drinking water grant. The department of natural resources shall provide a grant from the appropriation under s. 20.370 20.375 (6) (bk) to the Town of Swiss, Burnett County, and the St. Croix Band of Chippewa for design, engineering, and construction of wastewater and drinking water treatment facilities.

AB926, s. 1041 Section 1041. 281.75 (1) (i) of the statutes is amended to read:

AB926,290,15 281.75 (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 rules promulgated by the department, or that the department may require to be abandoned under s. NR 812.26 (2) (b), Wis. Adm. Code rules promulgated by the department.

AB926, s. 1042 Section 1042. 281.75 (5) (f) of the statutes is amended to read:

AB926,290,22 281.75 (5) (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 20.375 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB926, s. 1043 Section 1043. 281.85 (intro.) of the statutes is amended to read:

AB926,291,3 281.85 Great Lakes protection fund share. (intro.) The department may use moneys from the appropriation under s. 20.370 20.375 (4) (ah) for any of the following purposes:

AB926, s. 1044 Section 1044. 281.96 of the statutes is amended to read:

AB926,291,14 281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or employee. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have has the power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of necessary or essential data.

AB926, s. 1045 Section 1045. 283.001 (2) of the statutes is amended to read:

AB926,291,20 283.001 (2) The purpose of this chapter is to grant to the department of natural resources all authority necessary to establish, administer and maintain a state pollutant discharge elimination system to effectuate the policy set forth under sub. (1) and consistent with all the requirements of the federal water pollution control act amendments of 1972, P.L. 92-500; 86 Stat. 816.

AB926, s. 1046 Section 1046. 283.01 (3) of the statutes is amended to read:

AB926,291,23 283.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1047 Section 1047. 283.01 (16) of the statutes is amended to read:

AB926,292,2 283.01 (16) "Secretary" means the secretary of natural resources environmental quality or his or her designee.

AB926, s. 1048 Section 1048. 283.33 (9) (c) of the statutes is amended to read:

AB926,292,5 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 20.375 (4) (bj).

AB926, s. 1049 Section 1049. 283.87 (1) of the statutes is amended to read:

AB926,292,14 283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, subchs. I to III of ch. 30 or chs. 31, 281, 285 or 289 to 299 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

AB926, s. 1050 Section 1050. 283.87 (4) of the statutes is amended to read:

AB926,292,22 283.87 (4) Aids to municipalities; environmental damage compensation. The department may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 20.375 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under sub. (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

AB926, s. 1051 Section 1051. 283.89 (2m) of the statutes is amended to read:

AB926,293,2 283.89 (2m) If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50 to 23.99 278.50 to 278.90 apply.

AB926, s. 1052 Section 1052. 285.01 (13) of the statutes is amended to read:

AB926,293,5 285.01 (13) "Department" means the department of natural resources environmental quality.

AB926, s. 1053 Section 1053. 285.01 (38) of the statutes is amended to read:

AB926,293,8 285.01 (38) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1054 Section 1054. 285.11 (6) (intro.) of the statutes is amended to read:

AB926,293,20 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary of environmental quality or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

AB926, s. 1055 Section 1055. 285.48 (2) of the statutes is amended to read:

AB926,294,5 285.48 (2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

AB926, s. 1056 Section 1056. 285.48 (3) (d) (intro.) of the statutes is amended to read: