AB926: Bill Text

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:

AB926,294,11 285.48 (3) (d) (intro.) If the department of natural resources implements a state implementation plan specified in sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources shall do each of the following:

AB926, s. 1057 Section 1057. 285.57 (4) of the statutes is amended to read:

AB926,294,15 285.57 (4) Citations. 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 sub. (2).

AB926, s. 1058 Section 1058. 285.59 (7) of the statutes is amended to read:

AB926,294,19 285.59 (7) Citations. 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 sub. (2), (3) (c) or (4).

AB926, s. 1059 Section 1059. 285.69 (2) (c) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,294,24 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited to the appropriations under s. 20.370 20.375 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) (jh), (sg),and (th) for the following:

AB926, s. 1060 Section 1060. 285.69 (2m) (bm) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,295,6 285.69 (2m) (bm) (intro.) The fees collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (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:

AB926, s. 1061 Section 1061. 285.69 (3) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,295,21 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 20.375 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB926, s. 1062 Section 1062. 285.69 (7) of the statutes is amended to read:

AB926,296,3 285.69 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 20.375 (2) (bg).

AB926, s. 1063 Section 1063. 285.85 (1) of the statutes is amended to read:

AB926,296,12 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board secretary shall affirm, modify or set aside the order of the secretary.

AB926, s. 1064 Section 1064. 285.86 (1) of the statutes is amended to read:

AB926,296,16 285.86 (1) 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 from a person who commits a violation specified under sub. (2).

AB926, s. 1065 Section 1065. 287.01 (1) of the statutes is amended to read:

AB926,296,19 287.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1066 Section 1066. 287.25 (5) (a) of the statutes is amended to read:

AB926,296,23 287.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 20.375 (6) (br).

AB926, s. 1067 Section 1067. 287.91 (4) of the statutes is amended to read:

AB926,297,3 287.91 (4) The department of natural resources environmental quality shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 20.375 (2) (ma).

AB926, s. 1068 Section 1068. 287.95 (4) of the statutes is amended to read:

AB926,297,7 287.95 (4) 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 the violations under subs. (1), (2) (b) and (3) (b).

AB926, s. 1069 Section 1069. 289.01 (7) of the statutes is amended to read:

AB926,297,10 289.01 (7) "Department" means the department of natural resources environmental quality.

AB926, s. 1070 Section 1070. 289.01 (31) of the statutes is amended to read:

AB926,297,13 289.01 (31) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1071 Section 1071. 289.09 (2) (d) of the statutes is amended to read:

AB926,298,7 289.09 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter, ch. 287 or s. 299.15. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department of natural resources or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department of natural resources or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department of natural resources or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department of natural resources or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

AB926, s. 1072 Section 1072. 289.25 (1) of the statutes is amended to read:

AB926,298,18 289.25 (1) Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5) 278.40 (1m), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5).

AB926, s. 1073 Section 1073. 289.29 (1) (c) of the statutes is amended to read:

AB926,298,25 289.29 (1) (c) The department may receive into evidence at a hearing conducted under s. 289.26 or 289.27 any environmental impact assessment or environmental impact statement for the facility prepared under s. 1.11 and any environmental impact report prepared under s. 23.11 (5) 278.40 (1m). The adequacy of the environmental impact assessment, environmental impact statement or environmental impact report is not subject to challenge at that hearing.

AB926, s. 1074 Section 1074. 289.31 (7) (f) of the statutes is amended to read:

AB926,299,10 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 20.375 (2) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB926, s. 1075 Section 1075. 289.43 (7) (c) of the statutes is amended to read:

AB926,299,19 289.43 (7) (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 and, 87.30, and 278.40. If the proposal does not comply with one or more of the requirements specified in this paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this subsection within 90 days.

AB926, s. 1076 Section 1076. 289.43 (7) (e) 3. of the statutes is amended to read: