AB926,287,6
1281.59
(11) (c) The department of administration may retain the last payment
2under a financial assistance agreement until the department of
natural resources 3environmental quality and the department of administration determine that the
4project is completed and meets the applicable requirements of this section and s.
5281.58, 281.60 or 281.61 and that the conditions of the financial assistance
6agreement are met.
AB926, s. 1029
7Section
1029. 281.59 (12) of the statutes is amended to read:
AB926,287,138
281.59
(12) Municipal obligations. The department of administration may
9purchase or refinance obligations specified in s. 281.58 (6) (b) 1. and guarantee or
10purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the
11department of administration and the department of
natural resources 12environmental quality approve the financial assistance under this section and s.
13281.58.
AB926, s. 1030
14Section
1030. 281.625 (4) of the statutes is amended to read:
AB926,287,1815
281.625
(4) With the approval of the department of administration, the
16department of
natural resources environmental quality may transfer funds from the
17appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water
18reserve fund under s. 234.933 to guarantee loans under s. 234.86.
AB926, s. 1031
19Section
1031. 281.65 (3) (at) of the statutes is amended to read:
AB926,287,2220
281.65
(3) (at) Review rules drafted under this section and make
21recommendations regarding the rules before final approval of the rules by the
22natural resources board department.
AB926, s. 1032
23Section
1032. 281.65 (4g) of the statutes is amended to read:
AB926,288,524
281.65
(4g) The department may contract with any person from the
25appropriation account under s.
20.370 20.375 (4) (at) for services to administer or
1implement this section, including information and education and training services.
2The department shall allocate $500,000 in each fiscal year from the appropriation
3account under s.
20.370 20.375 (4) (at) for contracts for educational and technical
4assistance related to the program under this section provided by the University of
5Wisconsin-Extension.
AB926, s. 1033
6Section
1033. 281.65 (4m) (c) of the statutes is amended to read:
AB926,288,147
281.65
(4m) (c) The department shall submit a copy of any plan it completes
8under this subsection to any county located in or containing any watershed which is
9a subject of the plan and to the department of agriculture, trade and consumer
10protection. The department of agriculture, trade and consumer protection shall
11review the plan and notify the department of
natural resources environmental
12quality of its comments on the plan. A county receiving a plan under this subsection
13shall review the plan, approve or disapprove the plan and notify the department of
14natural resources environmental quality of its action on the plan.
AB926, s. 1034
15Section
1034. 281.65 (7) (b) of the statutes is amended to read:
AB926,288,2116
281.65
(7) (b) The owner or operator of a site designated as a critical site in a
17priority watershed or priority lake plan under sub. (5m) or in a modification to such
18a plan under sub. (5s) or the department
of natural resources may obtain a review
19of the decision of a county land conservation committee under par. (a) 2. by filing a
20written request with the land and water conservation board within 60 days after
21receiving the decision of the county land conservation committee.
AB926,289,3
1281.68
(2) (b) The total amount of lake monitoring contracts for each fiscal year
2may not exceed 10 percent of the total amount appropriated under s.
20.370 20.375 3(6) (ar) and (as).
AB926, s. 1036
4Section
1036. 281.69 (1b) (d) of the statutes is amended to read:
AB926,289,55
281.69
(1b) (d) "Wetland" has the meaning given in s.
23.32 278.32 (1).
AB926, s. 1037
6Section
1037. 281.69 (3m) (a) of the statutes is amended to read:
AB926,289,137
281.69
(3m) (a) The department shall provide grants of $10,000 each from the
8appropriation under s.
20.370 20.375 (6) (ar) for lake management projects to eligible
9recipients, other than nonprofit conservation organizations, that have completed a
10comprehensive land use plan that includes a wetland enhancement or restoration
11project. The grant shall be used for the implementation of the wetland enhancement
12or restoration project. The 75% limitation under sub. (2) (a) does not apply to these
13grants.
AB926, s. 1038
14Section
1038. 281.695 (5) of the statutes is amended to read:
AB926,289,2415
281.695
(5) Any municipality may participate in the state financial assistance
16program for soil and water resources protection established under s. 281.55, 281.57
17or 281.65 and may enter into agreements with the department of
natural resources 18environmental quality for that purpose. Any municipality may participate in the
19clean water fund program under ss. 281.58 and 281.59 and may enter into
20agreements with the department of administration and the department of
natural
21resources environmental quality for that purpose. Any county may participate in the
22state financial assistance program for soil and water resources protection
23established under s. 92.14 and may enter into agreements with the department of
24agriculture, trade and consumer protection for that purpose.
AB926, s. 1039
25Section
1039. 281.695 (6) of the statutes is amended to read:
AB926,290,4
1281.695
(6) Any municipality is authorized to enter into contracts with a
2nonprofit-sharing corporation for the municipality to design and construct the
3projects it will sublease from the department of
natural resources environmental
4quality pursuant to s. 281.55 (6) (b).
AB926, s. 1040
5Section
1040. 281.73 of the statutes is amended to read:
AB926,290,10
6281.73 Wastewater and drinking water grant. The department
of natural
7resources shall provide a grant from the appropriation under s.
20.370 20.375 (6) (bk)
8to the Town of Swiss, Burnett County, and the St. Croix Band of Chippewa for design,
9engineering, and construction of wastewater and drinking water treatment
10facilities.
AB926, s. 1041
11Section
1041. 281.75 (1) (i) of the statutes is amended to read:
AB926,290,1512
281.75
(1) (i) "Well subject to abandonment" means a well that is required to
13be abandoned under
s. NR 812.26 (2) (a), Wis. Adm. Code rules promulgated by the
14department, or that the department may require to be abandoned under
s. NR 812.26
15(2) (b), Wis. Adm. Code rules promulgated by the department.
AB926, s. 1042
16Section
1042. 281.75 (5) (f) of the statutes is amended to read:
AB926,290,2217
281.75
(5) (f) The department shall allocate money for the payment of claims
18according to the order in which completed claims are received. The department may
19conditionally approve a completed claim even if the appropriation under s.
20.370 2020.375 (6) (cr) is insufficient to pay the claim. The department shall allocate money
21for the payment of a claim which is conditionally approved as soon as funds become
22available.
AB926, s. 1043
23Section
1043. 281.85 (intro.) of the statutes is amended to read:
AB926,291,3
1281.85 Great Lakes protection fund share. (intro.) The department may
2use moneys from the appropriation under s.
20.370
20.375 (4) (ah) for any of the
3following purposes:
AB926, s. 1044
4Section
1044. 281.96 of the statutes is amended to read:
AB926,291,14
5281.96 Visitorial powers of department. Every owner of an industrial
6establishment shall furnish to the department all information required by it in the
7discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any
member of
8the natural resources board or any employee of the department may enter any
9industrial establishment for the purpose of collecting such information, and no
10owner of an industrial establishment shall refuse to admit such
member or 11employee. The department shall make such inspections at frequent intervals. The
12secretary
and all members of the board shall have
has the power for all purposes
13falling within the department's jurisdiction to administer oaths, issue subpoenas,
14compel the attendance of witnesses and the production of necessary or essential data.
AB926, s. 1045
15Section
1045. 283.001 (2) of the statutes is amended to read:
AB926,291,2016
283.001
(2) The purpose of this chapter is to grant to the department of
natural
17resources all authority necessary to establish, administer and maintain a state
18pollutant discharge elimination system to effectuate the policy set forth under sub.
19(1) and consistent with all the requirements of the federal water pollution control act
20amendments of 1972, P.L.
92-500; 86 Stat. 816.
AB926, s. 1046
21Section
1046. 283.01 (3) of the statutes is amended to read:
AB926,291,2322
283.01
(3) "Department" means the department of
natural resources 23environmental quality.
AB926, s. 1047
24Section
1047. 283.01 (16) of the statutes is amended to read:
AB926,292,2
1283.01
(16) "Secretary" means the secretary of
natural resources 2environmental quality or his or her designee.
AB926, s. 1048
3Section
1048. 283.33 (9) (c) of the statutes is amended to read:
AB926,292,54
283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
5appropriation under s.
20.370 20.375 (4) (bj).
AB926, s. 1049
6Section
1049. 283.87 (1) of the statutes is amended to read:
AB926,292,147
283.87
(1) Department may recover costs. In an action against any person who
8violates this chapter or any provision of
s. 29.601 or chs. 30, subchs. I to III of ch. 30
9or chs. 31, 281, 285 or 289 to 299 relating to water quality the department may
10recover the cost of removing, terminating or remedying the adverse effects upon the
11water environment resulting from the unlawful discharge or deposit of pollutants
12into the waters of the state, including the cost of replacing fish or other wildlife
13destroyed by the discharge or deposit. All moneys recovered under this section shall
14be deposited into the environmental fund.
AB926, s. 1050
15Section
1050. 283.87 (4) of the statutes is amended to read:
AB926,292,2216
283.87
(4) Aids to municipalities; environmental damage compensation. The
17department may make grants to any county, city, village or town for the acquisition
18or development of recreational lands and facilities from moneys appropriated under
19s.
20.370 20.375 (2) (dv). Use and administration of the grant shall be consistent with
20any court order issued under sub. (3). A county, city, village or town which receives
21a grant under this section is not required to share in the cost of a project under this
22section.
AB926, s. 1051
23Section
1051. 283.89 (2m) of the statutes is amended to read:
AB926,293,224
283.89
(2m) If the department finds a violation of s. 283.33 (1) to (8) for which
25a person is subject to a forfeiture under s. 283.91 (2), the department may issue a
1citation and, if the department does issue a citation, the procedures in ss.
23.50 to
223.99 278.50 to 278.90 apply.
AB926, s. 1052
3Section
1052. 285.01 (13) of the statutes is amended to read:
AB926,293,54
285.01
(13) "Department" means the department of
natural resources 5environmental quality.
AB926, s. 1053
6Section
1053. 285.01 (38) of the statutes is amended to read:
AB926,293,87
285.01
(38) "Secretary" means the secretary of
natural resources 8environmental quality.
AB926, s. 1054
9Section
1054. 285.11 (6) (intro.) of the statutes is amended to read:
AB926,293,2010
285.11
(6) (intro.) Prepare and develop one or more comprehensive plans for
11the prevention, abatement and control of air pollution in this state. The department
12thereafter shall be responsible for the revision and implementation of the plans. The
13rules or control strategies submitted to the federal environmental protection agency
14under the federal clean air act for control of atmospheric ozone shall conform with
15the federal clean air act unless, based on the recommendation of the
natural
16resources board secretary of environmental quality or the head of the department,
17as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that
18promulgates a rule or establishes a control strategy, the governor determines that
19measures beyond those required by the federal clean air act meet any of the following
20criteria:
AB926, s. 1055
21Section
1055. 285.48 (2) of the statutes is amended to read:
AB926,294,522
285.48
(2) Applicability. This section applies if the department
of natural
23resources, pursuant to a call, issues a state implementation plan that requires
24electric generating facilities in the midcontinent area of this state to comply with
25nitrogen oxide emission reduction requirements. If the department
of natural
1resources issues such a plan, the department
of natural resources shall notify the
2department of administration and the public service commission. The notice shall
3specify the date on which electric generating facilities in the midcontinent area of
4this state are required to comply with the initial nitrogen oxide emission reduction
5requirements.
AB926, s. 1056
6Section
1056. 285.48 (3) (d) (intro.) of the statutes is amended to read:
AB926,294,117
285.48
(3) (d) (intro.) If the department
of natural resources implements a state
8implementation plan specified in sub. (2) in a manner that requires reductions in
9nitrogen oxide emissions that are lower than the reductions set forth in the call
10published on October 27, 1998, the department
of natural resources shall do each of
11the following:
AB926, s. 1057
12Section
1057. 285.57 (4) of the statutes is amended to read:
AB926,294,1513
285.57
(4) Citations. The department may follow the procedures for the
14issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
15for a violation of sub. (2).
AB926, s. 1058
16Section
1058. 285.59 (7) of the statutes is amended to read:
AB926,294,1917
285.59
(7) Citations. The department may follow the procedures for the
18issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
19for a violation of sub. (2), (3) (c) or (4).
AB926,294,2422
285.69
(2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited
23to the appropriations under s.
20.370 20.375 (2) (bg),
(3) (bg), (8) (mg) and (9) (mh) 24(jh), (sg),and (th) for the following:
AB926,295,63
285.69
(2m) (bm) (intro.) The fees collected under this subsection shall be
4credited to the appropriation account under s.
20.370
20.375 (2) (bh) for the following
5purposes as they relate to stationary sources for which an operation permit is
6required under s. 285.60 but not under the federal clean air act:
AB926,295,219
285.69
(3) (a) The department may promulgate rules for the payment and
10collection of fees for inspecting nonresidential asbestos demolition and renovation
11projects regulated by the department. The fees under this subsection for an
12inspection plus the fee under sub. (1) (c) may not exceed $700 if the combined square
13and linear footage of friable asbestos-containing material involved in the project is
14less than 5,000. The fees under this subsection for an inspection plus the fee under
15sub. (1) (c) may not exceed $1,325 if the combined square and linear footage of friable
16asbestos-containing material involved in the project is 5,000 or more. The fees
17collected under this subsection shall be credited to the appropriation under s.
20.370 1820.375 (2) (bi) for the direct and indirect costs of conducting inspections of
19nonresidential asbestos demolition and renovation projects regulated by the
20department and for inspecting property proposed to be used for a community fire
21safety training project.
AB926, s. 1062
22Section
1062. 285.69 (7) of the statutes is amended to read:
AB926,296,323
285.69
(7) Emission reduction credit fees. The department may promulgate
24rules for the payment of fees by persons who hold emission reduction credits that
25may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been
1certified by the department. The rules may waive the payment of fees under this
2subsection for categories of emission reduction credits. The fees collected under this
3subsection shall be credited to the appropriation under s.
20.370 20.375 (2) (bg).
AB926, s. 1063
4Section
1063. 285.85 (1) of the statutes is amended to read:
AB926,296,125
285.85
(1) If the secretary finds that a generalized condition of air pollution
6exists and that it creates an emergency requiring immediate action to protect human
7health or safety, he or she shall order persons causing or contributing to the air
8pollution to reduce or discontinue immediately the emission of air contaminants, and
9such order shall fix a place and time, not later than 24 hours thereafter, for a hearing
10to be held before the department. Not more than 24 hours after the commencement
11of such hearing, and without adjournment thereof, the
natural resources board 12secretary shall affirm, modify or set aside the order
of the secretary.
AB926, s. 1064
13Section
1064. 285.86 (1) of the statutes is amended to read:
AB926,296,1614
285.86
(1) The department may follow the procedures for the issuance of a
15citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture from a person
16who commits a violation specified under sub. (2).
AB926, s. 1065
17Section
1065. 287.01 (1) of the statutes is amended to read:
AB926,296,1918
287.01
(1) "Department" means the department of
natural resources 19environmental quality.
AB926, s. 1066
20Section
1066. 287.25 (5) (a) of the statutes is amended to read:
AB926,296,2321
287.25
(5) (a) The department may enter into agreements with eligible
22applicants to make demonstration grants from the appropriation under s.
20.370 2320.375 (6) (br).
AB926, s. 1067
24Section
1067. 287.91 (4) of the statutes is amended to read:
AB926,297,3
1287.91
(4) The department of
natural resources environmental quality shall
2reimburse the department of justice for the expenses incurred in enforcing this
3chapter from the appropriation under s.
20.370 20.375 (2) (ma).
AB926, s. 1068
4Section
1068. 287.95 (4) of the statutes is amended to read:
AB926,297,75
287.95
(4) The department may follow the procedures for the issuance of a
6citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for the
7violations under subs. (1), (2) (b) and (3) (b).
AB926, s. 1069
8Section
1069. 289.01 (7) of the statutes is amended to read:
AB926,297,109
289.01
(7) "Department" means the department of
natural resources 10environmental quality.
AB926, s. 1070
11Section
1070. 289.01 (31) of the statutes is amended to read:
AB926,297,1312
289.01
(31) "Secretary" means the secretary of
natural resources 13environmental quality.
AB926, s. 1071
14Section
1071. 289.09 (2) (d) of the statutes is amended to read:
AB926,298,715
289.09
(2) (d)
Use of confidential records. Except as provided under par. (c) and
16this paragraph, the department or the department of justice may use records and
17other information granted confidential status under this subsection only in the
18administration and enforcement of this chapter, ch. 287 or s. 299.15. The department
19or the department of justice may release for general distribution records and other
20information granted confidential status under this subsection if the owner or
21operator expressly agrees to the release. The department
of natural resources or the
22department of justice may release on a limited basis records and other information
23granted confidential status under this subsection if the department
of natural
24resources or the department of justice is directed to take this action by a judge or
25hearing examiner under an order which protects the confidentiality of the records or
1other information. The department
of natural resources or the department of justice
2may release to the U.S. environmental protection agency, or its authorized
3representative, records and other information granted confidential status under this
4subsection if the department
of natural resources or the department of justice
5includes in each release of records or other information a request to the U.S.
6environmental protection agency, or its authorized representative, to protect the
7confidentiality of the records or other information.
AB926, s. 1072
8Section
1072. 289.25 (1) of the statutes is amended to read:
AB926,298,189
289.25
(1) Preliminary determination if environmental impact statement is
10required. Immediately after the department determines that the feasibility report
11is complete, the department shall issue a preliminary determination on whether an
12environmental impact statement is required under s. 1.11 prior to the determination
13of feasibility. If the department determines after review of the feasibility report that
14a determination of feasibility cannot be made without an environmental impact
15statement or if the department intends to require an environmental impact report
16under s.
23.11 (5) 278.40 (1m), the department shall notify the applicant in writing
17within the 60-day period of these decisions and shall commence the process required
18under s. 1.11 or 23.11 (5).