1995 Wisconsin Act 227

(13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241 281.58.

(14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under s. 144.241 281.58.

227,427 Section 427 . 144.242 of the statutes is renumbered 281.63, and 281.63 (4) (a) and (6), as renumbered, are amended to read:

281.63 (4) (a) Eligible municipalities. Only a municipality with a sewerage system which is violating ch. 147 283 or title III of the federal act because of combined sewer overflow is eligible to receive financial assistance under the combined sewer overflow abatement financial assistance program.

(6) Priority. Each municipality shall notify the department of its intent to apply for financial assistance under the combined sewer overflow abatement financial assistance program. For those municipalities that notify the department of their intention to apply for financial assistance under this program by December 31, the department shall establish annually a priority list which ranks these projects in the same order as they appear on the list prepared under s. 144.24 281.57 (6) (a).

227,428 Section 428 . 144.25 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.65, and 281.65 (2) (a) and (b), (4) (c), (cd) and (e), (5w) and (8d), as renumbered, are amended to read:

281.65 (2) (a) “Best management practices" means practices, techniques or measures, except for dredgings, identified in areawide water quality management plans, which are determined to be the most effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 144.44 (3) 289.30.

(b) “Nonpoint source" means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source as defined under s. 147.015 283.01 (12).

(4) (c) Through the continuing planning process under s. 147.25 283.83, identify those watersheds where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional watersheds under sub. (3) (am) to the land and water conservation board.

(cd) Identify, through the continuing planning process under s. 147.25 283.83, the lakes where the need for nonpoint source water pollution abatement is most critical and, before July 1 of each even-numbered year, submit its recommendations for designating additional lakes under sub. (3) (am) to the land and water conservation board.

(e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The department may waive the standards and specifications in exceptional cases. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 144.025 (2) (u) 2. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

(5w) After the land and water conservation board approves a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in sub. (7) and either s. 144.025 (2) (u) 2., (v) and (w) 281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to 243.26, Wis. adm. code.

(8d) The department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 147.021 283.33 and that is located in a priority watershed area, a priority lake area or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 144.10 (1) (a) 281.35 (1) (h), under the Great Lakes Water Quality Agreement.

227,429 Section 429 . 144.251 of the statutes is renumbered 281.67.

227,430 Section 430 . 144.253 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.68, and 281.68 (4), as renumbered, is amended to read:

281.68 (4) At the completion of a lake management planning project, upon request of the recipient of a grant under this section, the department may approve recommendations made as a result of the project as eligible activities for a lake management grant under s. 144.254 281.69.

227,431 Section 431 . 144.254 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.69, and 281.69 (3) (a), as renumbered, is amended to read:

281.69 (3) (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in s. 144.253 281.68 (1), town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in s. 66.299 (1) (a), that are established for the purpose of lake management.

227,432 Section 432 . 144.26 of the statutes is renumbered 281.31.

227,433 Section 433 . 144.265 of the statutes is renumbered 281.77, and 281.77 (1) (a) and (b), (2) (b) and (3), as renumbered, are amended to read:

281.77 (1) (a) “Private water supply" has the meaning specified under s. 144.442 (1) (cm), except this term excludes a well which is not a source of water for humans unless the well is constructed by drilling means a well that is used as a water supply for humans or a well that is constructed by drilling and is used as a water supply for livestock, as defined in s. 95.80 (1) (b), or poultry.

(b) “Regulated activity" means an activity for which the department may issue an order under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter, except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

(2) (b) If the department finds that a regulated activity caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, and if the regulated activity is an approved facility, as defined in s. 144.442 (1) (a) 289.01 (3), the department may conduct a hearing under s. 144.442 (6) 292.31 (3) (f). If the damage to the private water supply is caused by an occurrence not anticipated in the plan of operation which poses a substantial hazard to public health or welfare, the department may expend moneys in the environmental fund that are available for environmental repair to treat the water to render it drinkable, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4). If the damage to the private water supply is not caused by an occurrence not anticipated in the plan of operation, if the damage does not pose a substantial hazard to public health or welfare, or if moneys in the environmental fund that may be used for environmental repair are insufficient, the department may order the owner or operator of the regulated activity to treat the water to render it fit for consumption by humans, livestock and poultry, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4).

(3) In any action brought by the department of justice under s. 144.98 299.95, if the court finds that a regulated activity owned or operated by the defendant has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the court may order the defendant to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4).

227,434 Section 434 . 144.266 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 281.33.

227,435 Section 435 . 144.27 of the statutes is renumbered 281.92 and amended to read:

281.92 Limitation. Nothing in this subchapter chapter affects ss. 196.01 to 196.79 or ch. 31.

227,436 Section 436 . Subchapter III (title) of chapter 144 [precedes 144.30] of the statutes is repealed.

227,437 Section 437 . 144.30 (intro.) of the statutes is repealed.

227,438 Section 438 . 144.30 (1) and (2) of the statutes are renumbered 285.01 (1) and (2).

227,439 Section 439 . 144.30 (3) and (3m) of the statutes are renumbered 285.01 (4) and (5), and 285.01 (4) and (5) (a), as renumbered, are amended to read:

285.01 (4) “Air pollution control permit" means any permit required or allowed under s. 144.391 285.60.

(5) (a) The apportionment among air contaminant sources of the difference between an ambient air quality standard and the concentration in the atmosphere of the corresponding air contaminant in existence at the time the rule promulgated under s. 144.373 285.25 becomes effective; or

227,440 Section 440 . 144.30 (3r), (4), (5), (6) and (7) of the statutes are renumbered 285.01 (6), (7), (8), (9) and (10).

227,441 Section 441 . 144.30 (8) of the statutes is renumbered 285.01 (11) and amended to read:

285.01 (11) “Base line concentration" means concentration in the atmosphere of an air contaminant which exists in an area at the time of the first application to the U.S. environmental protection agency for a prevention of significant deterioration permit under 42 USC 7475 or the first application for an air pollution control permit under s. 144.391 285.60 for a major source located in an attainment area, whichever occurs first, less any contribution from stationary sources identified in 42 USC 7479 (4).

227,442 Section 442 . 144.30 (9) of the statutes is renumbered 285.01 (12).

227,443 Section 443 . 144.30 (10), (11), (12), (13) and (14) of the statutes are renumbered 285.01 (15), (16), (17), (18) and (19).

227,444 Section 444 . 144.30 (14m) of the statutes is renumbered 285.01 (20) and amended to read:

285.01 (20) “Growth accommodation" means the amount of volatile organic compounds specified in s. 144.40 285.39 (1) (a).

227,445 Section 445 . 144.30 (15) of the statutes is renumbered 285.01 (23).

227,446 Section 446 . 144.30 (16) of the statutes is renumbered 285.01 (24) and amended to read:

285.01 (24) “Major source" means a stationary source that is capable of emitting an air contaminant in an amount in excess of an amount specified by the department by rule under s. 144.31 (1) (r) 285.11 (16).

227,447 Section 447 . 144.30 (19e) of the statutes is renumbered 285.01 (25).

227,448 Section 448 . 144.30 (20) of the statutes is renumbered 285.01 (26) and amended to read:

285.01 (26) “Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of emissions of an air contaminant or that results in the emission of an air contaminant not previously emitted, subject to rules promulgated under s. 144.31 (1) (s) 285.11 (17).

227,449 Section 449 . 144.30 (20e) and (20s) of the statutes are renumbered 285.01 (27) and (29).

227,450 Section 450 . 144.30 (21) of the statutes is renumbered 285.01 (30) and amended to read:

285.01 (30) “Nonattainment area" means an area identified by the department in a document prepared under s. 144.371 285.23 (2) where the concentration in the atmosphere of an air contaminant exceeds an ambient air quality standard.

227,451 Section 451 . 144.30 (22r) and (22rm) of the statutes are renumbered 285.01 (34) and (36).

227,452 Section 452 . 144.30 (22s) of the statutes is renumbered 285.01 (37) and amended to read:

285.01 (37) “Replenishment implementation period" means the period between August 1, 1987, and December 31 of the year by which the department requires full compliance with rules required to be promulgated under s. 144.40 285.39 (3).

227,453 Section 453 . 144.30 (23), (24) and (25) of the statutes are renumbered 285.01 (41), (42) and (43).

227,454 Section 454 . 144.31 (title) of the statutes is repealed.

227,455 Section 455 . 144.31 (1) of the statutes is renumbered 285.11, and 285.11 (1), (2), (4), (6) (a), (8) and (11), as renumbered, are amended to read:

285.11 (1) Promulgate rules implementing and consistent with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15.

(2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15.

(4) Collect and disseminate information and conduct educational and training programs relating to the purposes of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15.

(6) (a) The measures are part of an interstate ozone control strategy implementation agreement under sub. (4) s. 285.15 signed by the governor of this state and of the state of Illinois.

(8) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source, device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problem which may be related to the source, device or system. Nothing in any such consultation shall relieve any person from compliance with ss. 144.30 to 144.426 this chapter or rules pursuant thereto, or any other provision of law.

(11) Coordinate the reporting requirements under ss. 144.394 and 144.96 285.65 and 299.15 in order to minimize duplicative reporting requirements.

227,456 Section 456 . 144.31 (2) of the statutes is renumbered 285.13, and 285.13 (1), (2) and (7), as renumbered, are amended to read:

285.13 (1) Hold hearings relating to any aspect of the administration of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and, in connection therewith, compel the attendance of witnesses and the production of evidence.

(2) Issue orders to effectuate the purposes of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and enforce the same by all appropriate administrative and judicial proceedings.

(7) Establish by rule, consistent with the federal clean air act, the amount of offsetting emissions reductions required under s. 144.393 285.63 (2) (a).

227,457 Section 457 . 144.31 (3) of the statutes is renumbered 285.51, and 285.51 (1), (3) (intro.), (a) and (c), (4), (5) and (6), as renumbered, are amended to read:

285.51 (1) In this subsection section, “solid waste treatment" has the meaning given in s. 144.43 (7r) 289.01 (39).

(3) (intro.) The program under par. (b) sub. (2) does not apply with respect to any of the following:

(a) A facility described in s. 159.07 287.07 (7) (bg).

(c) A solid waste treatment facility for high-volume industrial waste as defined in s. 144.44 (7) 289.01 (17).

(4) The training required under par. (b) 2. sub. (2) (b) may be conducted by the department or by another person with the approval of the department.

(5) The department may suspend or revoke a solid waste treatment facility's operating license if persons at the facility fail to obtain certification required under par. (b) 1. sub. (2) (a) or for failure to have a certified operator on the site as required under par. (b) 5. sub. (2) (e).

(6) The department may suspend or revoke an operator's certification for failure to comply with ss. 144.30 to 144.426 this chapter, rules promulgated under those sections this chapter or conditions of operation made applicable to a solid waste treatment facility by the department.

227,458 Section 458 . 144.31 (4) of the statutes is renumbered 285.15.

227,459 Section 459 . 144.32 of the statutes is renumbered 285.71 and amended to read:

285.71 Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of ss. 144.30 to 144.426 this chapter and any other applicable requirements of law.

227,460 Section 460 . 144.33 of the statutes is renumbered 285.70 and amended to read:

285.70 Confidentiality of records. (1) Except as provided in sub. (2), the department shall make any record, report or other information obtained in the administration of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 available to the public.

(2) The department shall keep confidential any part of a record, report or other information obtained in the administration of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15, other than emission data or an air pollution control permit, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

(3) Subsection (2) does not prevent the disclosure of any information to a representative of the department for the purpose of administering ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 or to an officer, employe or authorized representative of the federal government for the purpose of administering the federal clean air act. When the department provides information that is confidential under sub. (2) to the federal government, the department shall also provide a copy of the application for confidential status.

227,461 Section 461 . 144.34 of the statutes is renumbered 285.19 and amended to read:

285.19 Inspections. Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated or permits issued under those sections this chapter or s. 299.15. No person may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.

227,462 Section 462 . 144.36 of the statutes is renumbered 285.79, and 285.79 (3) (c) and (f) and (4), as renumbered, are amended to read:

285.79 (3) (c) A compliance assistance program that assists small business stationary sources in determining applicable requirements under ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and in receiving air pollution control permits in a timely and efficient manner.

(f) Procedures for consideration of a request from a small business stationary source for alteration of any required work practice or technological method of compliance with ss. 144.30 to 144.426 this chapter or of the schedule of measures that must be taken to implement a required work practice or method of compliance before an applicable compliance date, based on the technological and financial capability of the small business stationary source.

(4) Granting alterations. The department may not grant an alteration under sub. (3) (f) unless the alteration complies with the requirements of the federal clean air act and any applicable plan under s. 144.31 (1) (f) 285.11 (6). If those applicable requirements are set forth in federal regulations, the department may only grant alterations authorized in those regulations.

227,463 Section 463 . 144.371 of the statutes is renumbered 285.23.

227,464 Section 464 . 144.3712 of the statutes, as affected by 1995 Wisconsin Act 52, is renumbered 285.33, and 285.33 (1) (b) and (4) (a) 3., as renumbered, are amended to read:

285.33 (1) (b) The department may, by rule, determine areas of the state, other than areas described under par. (a), in which the department will require employe trip reduction programs. The department may not require an employe trip reduction program in an area unless that requirement is authorized under s. 144.31 (1) (f) 285.11 (6).