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).
AB926, s. 1073
19Section
1073. 289.29 (1) (c) of the statutes is amended to read:
AB926,298,2520
289.29
(1) (c) The department may receive into evidence at a hearing conducted
21under s. 289.26 or 289.27 any environmental impact assessment or environmental
22impact statement for the facility prepared under s. 1.11 and any environmental
23impact report prepared under s.
23.11 (5) 278.40 (1m). The adequacy of the
24environmental impact assessment, environmental impact statement or
25environmental impact report is not subject to challenge at that hearing.
AB926, s. 1074
1Section
1074. 289.31 (7) (f) of the statutes is amended to read:
AB926,299,102
289.31
(7) (f) If the owner or operator of a site or facility subject to an order
3under par. (d) is a municipality, the municipality is responsible for conducting any
4monitoring ordered under par. (d). The department shall, from the environmental
5fund appropriation under s.
20.370 20.375 (2) (dv), reimburse the municipality for
6the costs of monitoring that exceed an amount equal to $3 per person residing in the
7municipality for each site or facility subject to an order under par. (d), except that the
8maximum reimbursement is $100,000 for each site or facility. The department shall
9exclude any monitoring costs paid under the municipality's liability insurance
10coverage in calculating the municipal cost of monitoring a site or facility.
AB926, s. 1075
11Section
1075. 289.43 (7) (c) of the statutes is amended to read:
AB926,299,1912
289.43
(7) (c) The department shall approve the requester's exemption
13proposal if the department finds that the proposal, as approved, will comply with this
14chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11,
23.40, 59.692, 59.693, 60.627,
1561.351, 61.354, 62.231, 62.234
and, 87.30
, and 278.40. If the proposal does not
16comply with one or more of the requirements specified in this paragraph, the
17department shall provide a written statement describing how the proposal fails to
18comply with those requirements. The department shall respond to an application for
19an exemption under this subsection within 90 days.
AB926, s. 1076
20Section
1076. 289.43 (7) (e) 3. of the statutes is amended to read:
AB926,299,2221
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
22appropriation under s.
20.370 20.375 (2) (dg).
AB926, s. 1077
23Section
1077. 289.64 (6) of the statutes is amended to read:
AB926,300,3
1289.64
(6) Use of solid waste facility siting board fees. The fees collected
2under sub. (2) shall be credited to the appropriation under s.
20.370 20.375 (2) (eg)
3for transfer to the appropriation under s. 20.505 (4) (k).
AB926, s. 1078
4Section
1078. 289.68 (1) of the statutes is amended to read:
AB926,300,125
289.68
(1) Payments from the waste management fund. The department may
6expend moneys in the waste management fund only for the purposes specified under
7subs. (3) to (6) and
1991 Wisconsin Act 39, section
9142 (2w). The department may
8expend moneys appropriated under s.
20.370 20.375 (2) (dq) for the purposes
9specified under subs. (3) and (5) and
1991 Wisconsin Act 39, section
9142 (2w). The
10department may expend moneys appropriated under s.
20.370 20.375 (2) (dt) for the
11purposes specified under sub. (4). The department may expend moneys appropriated
12under s.
20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).
AB926, s. 1079
13Section
1079. 289.68 (3) of the statutes is amended to read:
AB926,300,1914
289.68
(3) Payments for long-term care after termination of proof of
15financial responsibility. The department may spend moneys appropriated under
16s.
20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for
17which the plan of operation was approved under s. 289.30 (6) before August 9, 1989,
18that accrue after the requirement to provide proof of financial responsibility expires
19under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.
AB926, s. 1080
20Section
1080. 289.68 (4) of the statutes is amended to read:
AB926,300,2421
289.68
(4) Payment of closure and long-term care costs; forfeited bonds and
22similar moneys. The department may utilize moneys appropriated under s.
20.370 2320.375 (2) (dt) for the payment of costs associated with compliance with closure and
24long-term care requirements under s. 289.41 (11) (b) 1.
AB926, s. 1081
25Section
1081. 289.68 (5) of the statutes is amended to read:
AB926,301,3
1289.68
(5) Prevention of imminent hazard. The department may utilize
2moneys appropriated under s.
20.370 20.375 (2) (dq) for the payment of costs
3associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
AB926, s. 1082
4Section
1082. 289.68 (6) of the statutes is amended to read:
AB926,301,75
289.68
(6) Payment of corrective action, forfeited bonds and recovered
6moneys. The department may utilize moneys appropriated under s.
20.370 20.375 7(2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
AB926, s. 1083
8Section
1083. 289.68 (7) of the statutes is amended to read:
AB926,301,139
289.68
(7) Report on waste management fund. With its biennial budget
10request to the department of administration under s. 16.42, the
natural resources
11board department shall include a report on the fiscal status of the waste
12management fund and an estimate of the receipts by and expenditures from the fund
13in the current fiscal year and in the future.
AB926, s. 1084
14Section
1084. 291.01 (2) of the statutes is amended to read:
AB926,301,1615
291.01
(2) "Department" means the department of
natural resources 16environmental quality.
AB926, s. 1085
17Section
1085. 292.01 (2) of the statutes is amended to read: