LRB-0901/2
MCP&RCT:jld
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Genrich, Milroy, Berceau,
Considine, Goyke, Hintz, Kolste, Mason, Meyers, Ohnstad, Sinicki,
Spreitzer, Subeck, C. Taylor, Zepnick and Brostoff, cosponsored by
Senators Hansen, Vinehout, Bewley, C. Larson, Lassa, Miller, Ringhand,
Risser and Shilling. Referred to Committee on Environment and Forestry.
AB637,1,7
1An Act to renumber and amend 281.16 (4) and 823.08 (3) (c) 2.;
to amend
223.50 (1), 23.65 (1), 92.05 (3) (k), 92.05 (3) (L), 92.07 (2), 92.14 (6) (i) 2., 92.15
3(2), 92.15 (3) (a), 92.15 (4), 93.90 (2) (a), 281.16 (3) (e), 281.65 (4) (e), 281.65 (4c)
4(am) 1. a. and 823.08 (3) (c) 1.; and
to create 92.04 (2) (m), 92.14 (3) (em), 281.16
5(5), 281.163 and 823.08 (3) (c) 2. b. of the statutes;
relating to: control of
6nonpoint source water pollution in certain areas with carbonate bedrock and
7granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Natural Resources (DNR) and the
Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate
rules to limit nonpoint source water pollution, that is, water pollution from diffuse
sources, such as construction sites and feedlots.
This bill requires DNR, in consultation with DATCP, to promulgate rules to
limit pollution of groundwater caused by the spreading of waste on land, including
animal waste, septage, sewage sludge, and industrial waste (land spreading). Under
the bill, the rules apply to certain areas with carbonate bedrock that are susceptible
to groundwater contamination caused by land spreading and that are not sufficiently
protected by the current rules concerning nonpoint source water pollution. The bill
also requires DATCP to make its existing rules concerning nutrient management
consistent with the new DNR rules concerning land spreading on susceptible lands.
To identify the areas for which additional regulation of land spreading is
potentially needed, the bill requires DNR to identify areas in this state that exhibit
carbonate bedrock characteristics that may cause them to be susceptible to
groundwater contamination from land spreading, including areas that have
carbonate bedrock less than 50 feet from the surface of the land. The bill requires
DNR to promulgate rules for ranking the land in potentially susceptible areas into
categories according to relative vulnerability to groundwater contamination from
land spreading, based on factors that include bedrock features and the depth and
other characteristics of top soil, and to identify the categories for which additional
regulation is needed.
The bill requires the county land conservation committee in a county in which
a potentially susceptible area is located to categorize the land in potentially
susceptible areas (as identified by DNR) in the county according to the rules for
ranking those lands. The bill provides a process for a landowner or other person,
including DNR or DATCP, to obtain a review of a land conservation committee's
categorization of land. The bill also requires DATCP to produce maps that show land
that is categorized under this process, by category, and to post those maps on its
Internet site.
The bill authorizes DNR to enforce the rules concerning land spreading on
susceptible lands by issuing citations, which are similar to traffic tickets. A district
attorney may also proceed against a person who violates the rules.
The rules promulgated by DNR and DATCP under current law to limit nonpoint
source water pollution, as described above, do not apply to an agricultural facility or
practice that was in existence before October 14, 1997, unless financial assistance
is available to pay a portion of the cost of complying with the rules.
Under this bill, the rules to limit nonpoint source water pollution apply to an
agricultural facility or practice, in a county in which a potentially susceptible area
is located, that was in existence before October 14, 1997, without regard to whether
financial assistance is available, if the facility or practice is on land categorized in
a category that has heightened vulnerability to groundwater contamination and is
in an area with a level of groundwater contamination that may affect public health,
as determined under rules promulgated by DNR.
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:
AB637,1
1Section
1. 23.50 (1) of the statutes is amended to read:
AB637,3,82
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
3court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
4for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2),
281.163 (5), 281.48 (2)
1to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64
2(2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
3administrative rules promulgated thereunder, violations specified under s. 280.98
4(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
5281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal,
6violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
7violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
8enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
AB637,2
9Section
2. 23.65 (1) of the statutes is amended to read:
AB637,3,1610
23.65
(1) When it appears to the district attorney that a violation of s. 90.21,
11134.60,
281.163 (5), 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and
12(4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169,
13or 350, or any administrative rule promulgated pursuant thereto, a violation
14specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive
15wild animal, has been committed the district attorney may proceed by complaint and
16summons.
AB637,3
17Section
3. 92.04 (2) (m) of the statutes is created to read:
AB637,3,2218
92.04
(2) (m)
Review of carbonate bedrock area determinations. The board shall
19review and affirm or reverse decisions of county land conservation committees under
20s. 281.163 (4) (b) when review is requested under s. 281.163 (4) (c). Under this
21paragraph, the board may conduct an informal hearing that is not a contested case
22under ch. 227.
AB637,4
23Section
4. 92.05 (3) (k) of the statutes is amended to read:
AB637,4,424
92.05
(3) (k)
Nutrient management rules. The department shall promulgate
25rules to improve agricultural nutrient management in this state. The rules shall be
1consistent with rules promulgated under s. 281.16 (3)
and, for lands categorized
2under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), with rules
3promulgated under s. 281.163 (5) (b) and shall include incentives, educational and
4outreach provisions and compliance requirements.
AB637,5
5Section
5. 92.05 (3) (L) of the statutes is amended to read:
AB637,4,146
92.05
(3) (L)
Technical assistance; performance standards. The department
7shall provide technical assistance to county land conservation committees and local
8units of government for the development of ordinances that implement standards
9adopted under s. 92.07 (2), 92.15 (2) or (3) or 281.16 (3)
and, for lands categorized
10under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), that implement
11standards adopted under s. 281.163 (5) (b). The department's technical assistance
12shall include preparing model ordinances, providing data concerning the standards
13and reviewing draft ordinances to determine whether the draft ordinances comply
14with applicable statutes and rules.
AB637,6
15Section
6. 92.07 (2) of the statutes is amended to read:
AB637,5,1116
92.07
(2) Standards. Each land conservation committee may develop and
17adopt standards and specifications for management practices to control erosion,
18sedimentation and nonpoint source water pollution. The standards and
19specifications for agricultural facilities and practices that are constructed or begun
20on or after October 14, 1997, and, if cost-sharing is available to the owner or operator
21under s. 92.14 or 281.65 or from any other source, for agricultural facilities and
22practices that are constructed or begun before that date shall be consistent with the
23performance standards, prohibitions, conservation practices
, and technical
24standards under s. 281.16 (3)
and, for agricultural facilities and practices on land
25categorized under s. 281.163 (4) in a category identified under s. 281.163 (5) (a), with
1the performance standards and prohibitions under s. 281.163 (5) (b). The land
2conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to
3determine whether cost-sharing is available.
The standards and specifications for
4agricultural facilities or practices that are located on land that is categorized under
5s. 281.163 (4) in a category designated under s. 281.16 (5) (b) 1. as having heightened
6vulnerability to groundwater contamination and is in an area with characteristics
7specified under s. 281.16 (5) (b) 2. that indicate a level of groundwater contamination
8that affects public health shall be consistent with the performance standards,
9prohibitions, conservation practices, and technical standards under s. 281.16 (3) and
10with the performance standards and prohibitions under s. 281.163 (5) (b), without
11regard to when the agricultural facilities or practices are constructed or begun.
AB637,7
12Section
7. 92.14 (3) (em) of the statutes is created to read:
AB637,5,1513
92.14
(3) (em) Grants to farmers for implementing land and water resource
14management projects on lands categorized under s. 281.163 (4) undertaken to
15comply with the requirements under s. 281.163 (5) (b).
AB637,8
16Section
8. 92.14 (6) (i) 2. of the statutes is amended to read:
AB637,5,2117
92.14
(6) (i) 2. Conduct all land management and pollutant management
18activities in substantial accordance with the performance standards, prohibitions,
19conservation practices
, and technical standards under s. 281.16
and, if applicable,
20under s. 281.163 (5) (b) and with plans approved under this section, under s. 92.15,
211985 stats., and under ss. 92.10 and 281.65, or to repay the cost-sharing funds.
AB637,9
22Section
9. 92.15 (2) of the statutes is amended to read:
AB637,6,323
92.15
(2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may
24enact regulations of livestock operations that are consistent with and do not exceed
25the performance standards, prohibitions, conservation practices
, and technical
1standards under s. 281.16 (3)
and, for livestock operations on lands categorized
2under s. 281.163 (4) in categories identified under s. 281.163 (5) (a), the prohibitions
3and performance standards under s. 281.163 (5) (b).
AB637,10
4Section
10. 92.15 (3) (a) of the statutes is amended to read:
AB637,6,135
92.15
(3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit
6may enact regulations of livestock operations that exceed the performance
7standards, prohibitions, conservation practices
, and technical standards under s.
8281.16 (3)
and, for livestock operations on land categorized under s. 281.163 (4) in
9categories identified under s. 281.163 (5) (a), the prohibitions and performance
10standards under s. 281.163 (5) (b) only if the local governmental unit demonstrates
11to the satisfaction of the department of agriculture, trade and consumer protection
12or the department of natural resources that the regulations are necessary to achieve
13water quality standards under s. 281.15.
AB637,11
14Section
11. 92.15 (4) of the statutes is amended to read:
AB637,6,2315
92.15
(4) A local governmental unit may not apply a regulation under sub. (2)
16or (3) to a livestock operation that exists on October 14, 1997, unless the local
17governmental unit determines, using the rules promulgated under s. 281.16 (3) (e),
18that cost-sharing is available to the owner or operator of the livestock operation
19under s. 92.14 or 281.65 or from any other source
or the livestock operation is located
20on land that is categorized under s. 281.163 (4) in a category designated under s.
21281.16 (5) (b) 1. as having heightened vulnerability to groundwater contamination
22and is in an area with characteristics specified under s. 281.16 (5) (b) 2. that indicate
23a level of groundwater contamination that affects public health.
AB637,12
24Section
12. 93.90 (2) (a) of the statutes is amended to read:
AB637,7,9
193.90
(2) (a) For the purposes of this section, the department shall promulgate
2rules specifying standards for siting and expanding livestock facilities. In
3promulgating the rules, the department may incorporate by cross-reference
4provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8),
592.16, and 281.16 (3) and ch. 283
and, for lands to which the rules promulgated under
6s. 281.163 (5) (b) apply, in those rules. The department may not promulgate rules
7under this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or
8(k), 92.14 (8), 92.16, or 281.16 (3) or ch. 283
or, for lands to which the rules
9promulgated under s. 281.163 (5) (b) apply, with those rules.
AB637,13
10Section
13. 281.16 (3) (e) of the statutes is amended to read:
AB637,8,211
281.16
(3) (e)
An Except as provided in sub. (5) (a), an owner or operator of an
12agricultural facility or practice that is in existence before October 14,
1997, may not
13be required by this state or a municipality to comply with the performance standards,
14prohibitions, conservation practices or technical standards under this subsection
15unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source,
16to the owner or operator. For the purposes of this paragraph, sub. (4)
(b) and ss. 92.07
17(2), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall
18promulgate rules that specify criteria for determining whether cost-sharing is
19available under s. 281.65 and the department of agriculture, trade and consumer
20protection shall promulgate rules that specify criteria for determining whether
21cost-sharing is available under s. 92.14 or from any other source. The rules may not
22allow a determination that cost-sharing is available to meet local regulations under
23s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance
24standards, prohibitions, conservation practices or technical standards under this
25subsection unless the cost-sharing is at least 70% of the cost of compliance or is from
170% to 90% of the cost of compliance in cases of economic hardship, as defined in the
2rules.
AB637,14
3Section
14. 281.16 (4) of the statutes is renumbered 281.16 (4) (a) and
4amended to read:
AB637,8,85
281.16
(4) (a) If the department issues a notice of discharge under ch. 283 for
6an animal feeding operation, the performance standards, prohibitions, conservation
7practices and technical standards under sub. (3) apply to the animal feeding
8operation, except
that if the as provided in par. (b).
AB637,8,14
9(b) If an animal feeding operation
for which the department of natural
10resources issues a notice of discharge under ch. 283 is in existence before
11October 14, 1997, the performance standards, prohibitions, conservation practices
12and technical standards only apply if the department determines that cost-sharing
13is available to the owner or operator of the animal feeding operation under s. 92.14
14or 281.65 or from any other source
, except as provided in sub. (5) (a).
AB637,15
15Section
15. 281.16 (5) of the statutes is created to read:
AB637,8,2116
281.16
(5) Application in carbonate bedrock areas. (a) Subsections (3) (e) and
17(4) (b) do not apply to an agricultural facility or practice or animal feeding operation
18that is located on land that is categorized under s. 281.163 (4) in a category
19designated under par. (b) 1. as having heightened vulnerability to groundwater
20contamination and is in an area with characteristics specified under par. (b) 2. that
21indicate a level of groundwater contamination that affects public health.
AB637,8,2322
(b) The department shall promulgate rules that do all of the following for the
23purposes of par. (a) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c):
AB637,8,2524
1. Designate the categories under s. 281.163 (3) (a) that have heightened
25vulnerability to groundwater contamination.
AB637,9,4
12. Specify the characteristics that indicate levels of groundwater
2contamination that affect public health, such as the existence in an area of a well in
3which the concentration of contaminants exceeds a preventive action limit, as
4defined in s. 160.01 (6).
AB637,16
5Section
16. 281.163 of the statutes is created to read:
AB637,9,7
6281.163 Water quality protection; carbonate bedrock areas. (1) 7Definitions. In this section:
AB637,9,118
(a) "Land spreading" means spreading animal waste, septage, sewage sludge,
9industrial waste, or any other type of solid waste on the surface of the land or
10incorporating animal waste, septage, sewage sludge, industrial waste, or any other
11type of solid waste into the surface layers of the soil.
AB637,9,1312
(b) "Potentially susceptible area" means an area identified by the department
13under sub. (2).
AB637,9,1414
(c) "Septage" has the meaning given in s. 281.48 (2) (d).
AB637,9,21
15(2) Identification of potentially susceptible areas. Using information
16available to it, the department shall identify areas in this state that exhibit
17carbonate bedrock characteristics that may cause the areas to be susceptible to
18groundwater contamination from land spreading. At a minimum, the department
19shall identify an area under this subsection if the area has carbonate bedrock less
20than 50 feet from the surface of the land, as shown by bedrock maps produced by the
21geological and natural history survey and other maps identified by the department.
AB637,9,25
22(3) Rules for vulnerability ranking of land in potentially susceptible
23areas. (a) The department shall promulgate rules for ranking the land in potentially
24susceptible areas by categories according to relative vulnerability to groundwater
25contamination from land spreading, based on factors that include all of the following:
AB637,10,1
11. Bedrock features.
AB637,10,22
2. Depth and other characteristics of top soil.
AB637,10,43
3. Whether the department has declared the land to be an area of special
4eligibility for compensation for well contamination under s. 281.75 (2) (e).
AB637,10,65
4. Whether the department has established the land as a special well casing
6pipe depth area under ch. NR 812, Wis. Adm. Code.
AB637,10,87
(b) In the rules under par. (a), the department shall identify types of uses of land
8that cause land spreading on the land to be impossible or impracticable.
AB637,10,13
9(4) Categorizing potentially susceptible land. (a) The county land
10conservation committee in a county in which a potentially susceptible area is located
11shall categorize all land in potentially susceptible areas in the county, except for land
12that is in a land use identified under sub. (3) (b), in accordance with the rules under
13sub. (3) (a).
AB637,10,1814
(b) 1. The owner of land categorized under par. (a), the department of natural
15resources, the department of agriculture, trade and consumer protection, an
16organization, or any other person may request a county land conservation committee
17to review the categorization of land under par. (a) based on site-specific information
18showing the categorization to be inconsistent with the rules under sub. (3).