30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971 or 87.30 or ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
227,171
Section 171
. 30.202 (4) of the statutes is amended to read:
30.202 (4) Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under s. 144.61 (5) 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
227,172
Section 172
. 30.203 (4) (d) of the statutes is amended to read:
30.203 (4) (d) It may not cause environmental pollution, as defined in s. 144.01 (3) 299.01 (4).
227,173
Section 173
. 30.204 (5) of the statutes is amended to read:
30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971, 87.30, 144.01 to 144.27, 144.43 to 144.79, 144.96 to 144.99 or 159.81 287.81, 299.15 to 299.23, 299.91, 299.95 or 299.97 or ch. 147 chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or that chapter chapters.
227,174
Section 174
. 30.206 (1) of the statutes is amended to read:
30.206 (1) For activities which require a permit or approval under ss. 30.12 (3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before issuing general permits, the department shall determine, after an environmental analysis and notice and hearing under ss. 227.17 and 227.18, that the cumulative adverse environmental impact of the class of activity is insignificant and that issuance of the general permit will not injure public rights or interest, cause environmental pollution, as defined in s. 144.01 (3)
299.01 (4), or result in material injury to the rights of any riparian owner.
227,175
Section 175
. 30.21 (3) (a) of the statutes is amended to read:
30.21 (3) (a) Each public utility operating under a permit under this section on January 1, 1986, shall comply with s. 144.026 281.35 (2), if applicable.
227,176
Section 176
. 30.28 (2m) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
30.28 (2m) (c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or 144.0252 281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
227,177
Section 177
. 30.40 (16) of the statutes is amended to read:
30.40 (16) “Solid waste" has the meaning given in s. 144.01 (15) 289.01 (33).
227,178
Section 178
. 30.45 (4m) (a) of the statutes is amended to read:
30.45 (4m) (a) Nonhazardous sludges from a treatment work, as defined under s. 147.015 283.01 (18), that is spread as a soil conditioner or a nutrient on land that is in agricultural use; or
227,179
Section 179
. 30.45 (4p) of the statutes is amended to read:
30.45 (4p) No person may dispose of the debris resulting from the demolition of a building or a building foundation unless the disposal is on the same parcel on which the demolition site is located, the debris is of a type that is not required under s. 144.44 (7) (g) 2. a.
289.43 (8) (b) 1. to be disposed of in a licensed solid waste disposal facility and the debris is buried.
227,180
Section 180
. 31.06 (3) of the statutes is amended to read:
31.06 (3) At such hearing or any adjournment thereof the department shall consider the application, and shall take evidence offered by the applicant and other persons in support thereof or in opposition thereto, may require the amendment of the application, and if it appears that the construction, operation or maintenance of the proposed dam is in the public interest, considering ecological, aesthetic, economic and recreational values, the department shall so find and grant a permit to the applicant, provided the department also finds that the applicant has complied with s. 31.14 (2) or (3) and, where applicable, with s. 31.05 (3), based on the department's own estimate of the area of the flowage. The enjoyment of natural scenic beauty and environmental quality are declared to be public rights to be considered along with other public rights and the economic need of electric power for the full development of agricultural and industrial activity and other useful purposes in the area to be served. In considering public rights to the recreational use and natural scenic beauty of the river, the department shall investigate the potentialities of the lake and lake shore created by the flowage and shall weigh the recreational use and scenic beauty thereof against the known recreational use and scenic beauty of the river in its natural state, and the department shall further weigh the known recreational use and scenic beauty of the particular section of river involved against the known recreational use and scenic beauty of other sections of the same river and other rivers in the area remaining in their natural state (without regard to plans of other dams subsequently filed or to be filed); if it appears that the river in its natural state offers greater recreational facilities and scenic value for a larger number of people than can by proper control of the flowage level be obtained from the use of the lake and lake shore and that the remaining sections of the river and other rivers in the area in their natural state provide an insufficient amount of recreational facilities and scenic beauty, and if it further appears that the economic need of electric power is less than the value of the recreational and scenic beauty advantages of such river in its natural state, the department shall so find and the permit be denied. If the department finds that approval of the permit will cause environmental pollution, as defined in s. 144.01 (3)
299.01 (4), the permit shall be denied.
227,181
Section 181
. 31.06 (5) of the statutes is amended to read:
31.06 (5) If a hearing on the application for a permit is conducted as a part of a hearing under s. 144.836 293.43, the notice and hearing provisions in that section supersede the notice and hearing provisions of this section.
227,182
Section 182
. 31.39 (2m) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
31.39 (2m) (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
227,183
Section 183
. 32.02 (12) of the statutes is amended to read:
32.02 (12) Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, for the location of treatment facilities. This subsection does not apply to a person licensed under ss. 144.80 to 144.94 ch. 293.
227,184
Section 184
. 33.14 (4) (c) of the statutes is amended to read:
33.14 (4) (c) Whether the implementation of the plan is likely to cause long-range environmental pollution as defined in s. 144.01 (3) 299.01 (4);
227,185
Section 185
. 33.26 (3) of the statutes is amended to read:
33.26 (3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this subsection. If the board finds, after consideration of the committee's report and any other evidence submitted to the board, that the petition is signed by the requisite owners as provided in s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, that the property to be included in the district will be benefited by the establishment thereof, and that formation of the proposed district will not cause or contribute to long-range environmental pollution as defined in s. 144.01 (3) 299.01 (4), the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. Thereupon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chapter. If the board does not so find, the board, by order, shall declare its findings and deny the petition.
227,186
Section 186
. 33.457 (4) (intro.) of the statutes is amended to read:
33.457 (4) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department and the designated planning agency under s. 144.235 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 144.235 281.51 and whether the plan is adequate to:
227,187
Section 187
. 36.25 (3m) (a) of the statutes is amended to read:
36.25 (3m) (a) In this subsection, “solid waste disposal" has the meaning given in s. 144.43 (4r)
289.01 (34).
227,188
Section 188
. 36.25 (30) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
36.25 (30) Hazardous pollution prevention program. (intro.) The board shall establish in the extension a hazardous pollution prevention program to promote hazardous pollution prevention, as defined in s. 144.955 299.13 (1) (c). In cooperation with the department of natural resources, the department of commerce and the hazardous pollution prevention council, the program shall do all of the following:
227,189
Section 189
. 36.25 (30g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
36.25 (30g) Recycling market development program. The board shall establish in the extension, in cooperation with the recycling market development board, a program of education and technical assistance related to recycling market development. The program shall serve waste generators, as defined in s. 159.40 287.40 (4); solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.
227,190
Section 190
. 42.05 (1) and (2) of the statutes are amended to read:
42.05 (1) Except during the annual state fair and at other times between 8 a.m. and 10 p.m., every motor vehicle, as defined in s. 159.15 287.15 (1) (e), that is used at state fair park in racing competition or practice shall be equipped with a muffler which, at all times, shall be in good working condition sufficient to prevent excessive or unusual noise.
(2) It is unlawful to operate, or for the state fair park board to permit to be operated, at state fair park in racing competition or practice except during the period specified in sub. (1), any motor vehicle, as defined in s. 159.15 287.15 (1) (e), with the muffler or cutout open.
227,191
Section 191
. 46.255 (7) of the statutes is amended to read:
46.255 (7) The department may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d), 281.65 (8) (L) or 949.08 (2) (g).
227,192
Section 192
. 46.34 of the statutes is amended to read:
46.34 Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under s. 144.375 (5) 285.27 (2) (b).
227,193
Section 193
. 50.05 (15) (d) of the statutes is amended to read:
50.05 (15) (d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s. 144.442 (9)
292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.
227,194
Section 194
. 59.067 (1) (b) of the statutes is amended to read:
59.067 (1) (b) “Private well" has the meaning specified by rule by the department under s. 162.07
280.21 (2).
227,195
Section 195
. 59.067 (1) (c) of the statutes is amended to read:
59.067 (1) (c) “Well" has the meaning specified under s. 162.02 280.01 (6).
227,196
Section 196
. 59.067 (2) of the statutes is amended to read:
59.067 (2) Permits. If authorized by the department under s. 162.07 280.21 (1), a county may adopt and enforce a well construction or pump installation ordinance or both. Provisions of the ordinance shall be in strict conformity with ch. 162 280 and with rules of the department under ch. 162 280. The ordinance may require that a permit be obtained before construction, installation, reconstruction or rehabilitation of a private well or installation or substantial modification of a pump on a private well, other than replacement of a pump with a substantially similar pump. The county may establish a schedule of fees for issuance of the permits and for related inspections. The department, under s. 162.07 280.21 (4), may revoke the authority of a county to enforce its ordinance if the department finds that the ordinance or enforcement of the ordinance does not conform to ch. 162
280 and rules of the department under ch. 162 280.
227,197
Section 197
. 59.067 (3) of the statutes is amended to read:
59.067 (3) Existing wells. With the approval of the department under s. 162.07 280.21 (1), a county may adopt and enforce an ordinance in strict conformity with ch. 162 280 and with department rules under ch. 162 280, as they relate to existing private wells. The department, under s. 162.07 280.21 (4), may revoke the authority of a county to enforce its ordinance if the department finds that the ordinance or enforcement of the ordinance does not conform to ch. 162 280 and rules of the department under ch. 162 280.
227,198
Section 198
. 59.067 (5) of the statutes is amended to read:
59.067 (5) Other municipalities. No city, village or town may adopt or enforce an ordinance regulating matters covered by ch. 162 280 or by department rules under ch. 162 280.
227,199
Section 199
. 59.07 (133) of the statutes is amended to read:
59.07 (133) Recycling or resource recovery facilities. Establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13
287.13.
227,200
Section 200
. 59.07 (135) (L) of the statutes is amended to read:
59.07 (135) (L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no town, city or village which operates its own solid waste management program under s. 159.09 287.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.
227,201
Section 201
. 59.07 (135) (q) (intro.) of the statutes is amended to read:
59.07 (135) (q) (intro.) Impose fees, in addition to fees imposed under ch. 144 289, upon persons who dispose of solid waste at publicly owned solid waste disposal sites in the county for the purpose of cleaning up closed or abandoned solid waste disposal sites within the county, subject to all of the following conditions:
Note: The cross-reference to ch. 144 is overly inclusive. Only ss. 144.43 to 144.47 of ch. 144 relate to imposing fees on persons who dispose of solid waste. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 289.
227,202
Section 202
. 59.20 (5) (b) of the statutes is amended to read:
59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.
227,203
Section 203
. 59.395 (5) of the statutes is amended to read:
59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.
227,204
Section 204
. 59.51 (17) of the statutes is amended to read:
59.51 (17) Record and index writings submitted according to s. 144.44 (4) (b) 289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.
227,205
Section 205
. 59.97 (9) (b) of the statutes is amended to read:
59.97 (9) (b) This subsection does not apply to land subject to a town zoning ordinance which is purchased by the county for use as a solid or hazardous waste disposal facility or hazardous waste storage or treatment facility, as these terms are defined under s. 144.43 289.01.
227,206
Section 206
. 59.971 (1) (b) (intro.), (1m), (4) (a) and (7) (ag) of the statutes are amended to read:
59.971 (1) (b) (intro.) “Shorelands" means the area within the following distances from the ordinary high-water mark of navigable waters, as defined under s. 144.26 281.31 (2) (d):
(1m) To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under s. 59.97.
(4) (a) Section 66.30 applies to this section, except that for the purposes of this section any agreement under s. 66.30 shall be effected by ordinance. If the municipalities as defined in s. 144.26 281.31 are served by a regional planning commission under s. 66.945, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.
(7) (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements associated with those uses and that are not necessary to effect the purposes of s. 144.26 281.31 (1) that relate to the protection of navigable waters.
227,207
Section 207
. 59.974 (2) and (8) of the statutes are amended to read:
59.974 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.97.
(8) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).
227,208
Section 208
. 60.54 (1) of the statutes is amended to read:
60.54 (1) The town board may designate any town highway which provides reasonable access to a solid waste disposal site or facility licensed under s. 144.44 289.31 as appropriate for the transportation of solid waste into, within or through the town for the purpose of disposing of the waste at the site or facility and may prohibit the use of other town highways for that purpose.
227,209
Section 209
. 60.627 (2) (a) and (7) of the statutes are amended to read:
60.627 (2) (a) To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 60.62.
(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).
227,210
Section 210
. 60.70 (7) of the statutes is amended to read:
60.70 (7) “Solid waste" has the meaning given under s. 144.01 (15) 289.01 (33).
227,211
Section 211
. 60.70 (8) of the statutes is amended to read:
