1995 Wisconsin Act 227

(17) (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 144.855 293.65 (4).

(18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce finds that the plumber falsified information submitted under this section.

227,402 Section 402 . 144.03 (title) of the statutes is renumbered 281.96 (title).

227,403 Section 403 . 144.03 (1) of the statutes is renumbered 281.96 and amended to read:

281.96 Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under s. 144.025 (2) subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employe 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 employe. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have 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.

227,404 Section 404 . 144.03 (2) of the statutes is renumbered 293.86 and amended to read:

293.86 (title) Visitorial powers of department. Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility or nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295 and 299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, or nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.

Note: This provision is duplicated for purposes of nonmetallic mining in s. 295.17 (2).

227,405 Section 405 . 144.04 of the statutes is renumbered 281.41, and 281.41 (1), as renumbered, is amended to read:

281.41 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 281.35 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 281.35 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 281.35 (1) (L), if any, in the form and at the times specified by the department.

227,406 Section 406 . 144.05 of the statutes is renumbered 281.47, and 281.47 (1) (a) and (d), as renumbered, are amended to read:

281.47 (1) (a) When any city, village, town or owner has constructed or constructs a sewage system complying with s. 144.04 281.41, the outflow or effluent from such system may be discharged into any stream or drain constructed pursuant to law, but no such outflow of untreated sewage or effluent from a primary or secondary treatment plant from a city, village, town, town sanitary district or metropolitan sewage district in a county having a population of 240,000 or more, according to the latest U.S. bureau of census figures available including any special census of municipalities within the county, any part of which is located within a drainage basin which drains into a lake of more than 2 square miles and less than 16 square miles in area, shall be discharged directly into, or through any stream, or through any drain, into such a lake located within 18 miles of the system or plant of such city, village, town, town sanitary district or metropolitan sewage district. All necessary construction of plant, system or drains for full compliance with this subsection in the discharge of untreated sewage or sewage effluent from all existing primary or secondary plants shall be completed by September 1, 1970, and the plans for any new system or plant shall include provisions for compliance with this subsection. The department may at any time order and require any owner of an existing plant to prepare and file with it, within a prescribed time, preliminary or final plans or both, for proposed construction to comply with this subsection.

(d) Any person violating this subsection or any order issued in furtherance of compliance therewith shall forfeit to the state not less than $100 nor more than $500 for each violation, failure or refusal. Each day of continued violation is deemed a separate offense. No such penalty shall be invoked during the time that any petition for review of an order is pending under s. 144.025 (7) 281.19 (8) until final disposition thereof by the courts, if judicial review is sought under ch. 227.

227,407 Section 407 . 144.06 of the statutes is renumbered 281.45.

227,408 Section 408 . 144.07 of the statutes is renumbered 281.43.

227,409 Section 409 . 144.08 of the statutes is renumbered 281.49, and 281.49 (1) (b) and (9), as renumbered, are amended to read:

281.49 (1) (b) “Licensed disposer" means a person engaged in servicing, as defined in s. 146.20 281.48 (2) (f), under a license issued under s. 146.20 281.48 (3) (a).

(9) Land disposal not prohibited. This section shall not be construed as a prohibition of the land disposal of septage. The land disposal of septage is governed by s. 146.20 281.48.

227,410 Section 410 . 144.09 of the statutes is renumbered 281.97 and amended to read:

281.97 (title) Enforcement Records; inspection. Records required by the department shall be kept by the owners and the department supplied with certified copies and such other information as it may require. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with. The department of justice shall assist in the enforcement of this chapter.

Note: Department of justice enforcement authority is established in new s. 299.95 [current s. 144.98].

227,411 Section 411 . 144.10 (title) of the statutes is renumbered 281.83 (title).

227,412 Section 412 . 144.10 (1) of the statutes is renumbered 281.81, and 281.81 (intro.) and (1), as renumbered, are amended to read:

281.81 (title) Definitions. (intro.) In this section subchapter:

(1) “International joint commission" has the meaning given in s. 144.026 281.35 (1) (h).

227,413 Section 413 . 144.10 (2) to (4) of the statutes are renumbered 281.83 (1) to (3), and 281.83 (2), as renumbered, is amended to read:

281.83 (2) In selecting projects to perform under this section, the department shall consider the amount of state funds available, the availability of matching funds from federal, private or other sources, the willingness and ability of a responsible person to fund a project, the willingness and ability of a local governmental unit, as defined in s. 144.235 281.51 (1) (c), to undertake or assist in a project, the severity of the environmental contamination that a project will address and the size of the population affected by the contamination.

227,414 Section 414 . 144.11 (title) of the statutes is renumbered 281.85 (title).

227,415 Section 415 . 144.11 (1) of the statutes is repealed.

227,416 Section 416 . 144.11 (2) of the statutes is renumbered 281.85.

227,417 Section 417 . 144.14 (title) of the statutes is repealed.

227,418 Section 418 . 144.14 of the statutes is renumbered 281.17 (6).

227,419 Section 419 . 144.15 (title) of the statutes is repealed.

227,420 Section 420 . 144.15 of the statutes is renumbered 281.17 (7).

227,421 Section 421 . 144.21 of the statutes is renumbered 281.55.

227,422 Section 422 . 144.23 of the statutes is renumbered 281.56, and 281.56 (1), as renumbered, is amended to read:

281.56 (1) The financial assistance program established under this section is to be used only if the applicant is unable to receive assistance in a timely manner from the federal government and supplementary funding program established under s. 144.21 281.55. Receipt of aid under this section makes the applicant ineligible for aid under s. 144.21 281.55.

227,423 Section 423 . 144.235 of the statutes is renumbered 281.51.

227,424 Section 424 . 144.24 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.57, and 281.57 (4) (b) 1. b. and (9m) (a), as renumbered, are amended to read:

281.57 (4) (b) 1. b. A collection system which the department orders under s. 144.07 281.43 (1) notwithstanding the outcome of the annexation referendum under s. 144.07 281.43 (1m). Notwithstanding sub. (7) (a) and any rules promulgated under this section, the department shall award funding under this subd. 1. b. in an amount that totals 60% of all costs of the project, rather than of eligible costs of the project.

(9m) (a) For fiscal year 1989-90, the advance commitment shall include a provision making the reimbursement of engineering design costs conditional on the award or making of a construction grant under this section or a loan under ss. 144.241 281.58 and 144.2415 281.59. If the financial assistance that the municipality receives for construction of a treatment work is a loan, the engineering design cost reimbursement shall be a loan. After June 30, 1990, and before September 1, 1990, the department may enter into an agreement with a municipality to provide engineering design costs under this subsection if the department makes an advance commitment for the reimbursement of those costs before July 1, 1990, and the municipality receives financial assistance under this section and s. 144.2415 281.59 for construction.

227,425 Section 425 . 144.241 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.58, and 281.58 (1) (am), (b) 1. to 4., (c) 3. and (cg) to (e), (2m) (a) and (e), (3m) (a), (6) (a) (intro.) and (b) (intro.), 6. and 8., (7) (a) and (b) (intro.), 1., 2. and 6., (8) (a) (intro.), 4. and 5., (d), (g) to (i) and (L) (intro.), (8m) (a) and (b), (9) (a) to (e), (9m) (a) 2., (c), (e), (f) (intro.) and (g), (12) (a) (intro.) and (c) 1., (13) (b), (13m), (14) (b) (intro.), 1. and 4. and (15) (a) 2., as renumbered, are amended to read:

281.58 (1) (am) “Effluent limitation" has the meaning designated in s. 147.015 283.01 (6).

(b) 1. Those conditions or limitations of a permit under ch. 147 283 which, if violated, could result in the initiation of a civil or criminal action under s. 147.29 283.89.

2. Those provisions of s. 144.025 (2) (r) 281.19 (5) which, if violated could result in a departmental order under s. 144.025 (2) (s) 281.19 (7).

3. If a permit under ch. 147 283 has not been issued, those conditions or limitations which, in the department's judgment, would be included in the permit when issued.

4. If no permit under ch. 147 283 applies, any requirement which the department determines is necessary for the best practicable waste treatment technology to meet applicable criteria.

(c) 3. All commercial users of an individual system constructed with grant assistance under s. 144.24 281.57.

(cg) “Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 144.2415 281.59.

(d) “Treatment work" has the meaning designated in s. 147.015 283.01 (18).

(e) “Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under ch. 147 283 for a reason that the department determines is or has been within the control of the person or municipality.

(2m) (a) Administer its responsibilities under this section and s. 144.2415 281.59.

(e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and s. 144.2415 281.59 and, if applicable, of 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

(3m) (a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under this section and s. 144.2415 281.59 during the next biennium.

(6) (a) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 281.59 for any of the following:

(b) (intro.) The following methods of providing financial assistance may be used under this section and s. 144.2415 281.59:

6. Making loans under s. 144.2415 281.59 (13) for the purposes of that subsection.

8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under this section and s. 144.2415 281.59.

(7) (a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under this section and s. 144.2415 281.59. The primary criteria for eligibility shall be water quality and public health. The rules for projects funded from the account under s. 25.43 (2) (a) shall be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder. The rules for projects funded from the account under s. 25.43 (2) (b) may be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

(b) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 281.59 for any of the following types of projects:

1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 147 283.

2. Projects needed to provide treatment to achieve compliance with an enforceable requirement changed or established after May 17, 1988, if the project is for a municipality that is in substantial compliance with its permit, issued under ch. 147 283, in regard to the changed or established enforceable requirements.

6. Projects for the planning, design, construction or replacement of treatment works that violate effluent limitations contained in a permit issued under ch. 147 283.

(8) (a) (intro.) The following are not eligible for financial assistance from the clean water fund under this section and s. 144.2415 281.59:

4. A planning, design or construction project which received financial assistance under 33 USC 1251 to 1376 or s. 144.24 281.57, except for any of the following:

a. The nonlocal share of a project which receives funding under s. 144.2415 281.59 (13).

b. The portion of a project funded under s. 144.2415 281.59 (13) relating to a collection system, even if the costs relating to the collection system were not eligible under s. 144.24 281.57.

5. During fiscal years 1989-90 to 1994-95, a person or municipality in violation of an effluent limitation contained in a permit issued under ch. 147 283, unless that person or municipality is eligible under s. 144.2415 281.59 (13).

(d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under this section and s. 144.2415 281.59 until it executes an agreement under s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.

(g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415 281.59 for a project may not result in the municipality paying less than 30% of the cost of the project.

(h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 283 permit, and that is applying for financial assistance under s. 144.2415 281.59 (13) to correct that violation.

(i) After June 30, 1991, no municipality may receive for projects an amount that exceeds 35.2% of the amount approved by the legislature under s. 144.2415 281.59 (3) (d) for that biennium.

(L) (intro.) The total amount of capital cost loans made under this section and s. 144.2415 281.59 may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 144.2415 281.59 until the secretary of administration has found in writing that all of the following facts have occurred:

(8m) (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 281.59 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.

(b) If a municipality does not apply for financial assistance under this section and s. 144.2415 281.59 by December 31 of the 2nd year following the year in which it submitted notice under par. (a), the municipality shall submit a new notice under par. (a).

(9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the program under this section and s. 144.2415 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

(b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 144.2415 281.59 shall complete an environmental analysis sequence as required by the department by rule.

(c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 144.2415 281.59.

(d) The department of administration and the department jointly may charge and collect service fees, established by rule, which shall cover the estimated costs of reviewing and acting upon the application and servicing the financial assistance agreement. No service fee established by rule under this paragraph may be charged to or collected from an applicant for financial assistance under s. 144.2415 281.59 (13).

(e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 144.2415 281.59 (3) (d), the amount available under s. 20.866 (2) (tc) or the amount available under s. 144.2415 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 144.2415 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

(9m) (a) 2. The department of administration initially determines that the municipality will meet the requirements of s. 144.2415 281.59 (9) (b).

(c) The department may approve an application under par. (a) in a year only after the amount under s. 144.2415 281.59 (3) (d) for the biennium in which that year falls has been approved by the legislature under s. 144.2415 281.59 (3) (d).

(e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy is available under s. 144.2415 281.59 (3) (d) for the municipality's project, based on the calculation under s. 144.2415 281.59 (3) (i), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

2. If a sufficient amount of subsidy is not available under s. 144.2415 281.59 (3) (d) for the municipality's project when the department approves the application under subd. 1., the department shall place the project on a list for allocation when additional subsidy becomes available.

(f) (intro.) If the amount approved under s. 144.2415 281.59 (3) (d), the amount available under s. 20.866 (2) (tc) or the amount available under s. 144.2415 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 144.2415 281.59 (3) (bm) 1., all of the following apply:

(g) In allocating subsidy under this subsection, the department of administration shall adhere to the amount approved by the legislature for each biennium under s. 144.2415 281.59 (3) (d).

(12) (a) (intro.) The types of projects for which municipalities may receive loans under this section and s. 144.2415 281.59 shall be classified as follows for the purpose of setting the percentage of market interest rates on loans funding such projects:

(c) 1. The percentage of market interest rates established shall, to the extent possible, fully allocate the amount of public debt authorized under s. 20.866 (2) (tc), the amount authorized under s. 144.2415 281.59 (3) (d) and the amount of revenue obligations authorized under s. 144.2415 281.59 (4) (f).

(13) (b) A municipality with an application that is approved under sub. (9m) is eligible for financial hardship assistance for the project costs that are eligible under this section and s. 144.2415 281.59, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria: