1995 Wisconsin Act 227

25.46 (17) All moneys received from fees under s. 144.442 (1s) 289.67 (2) for environmental repair.

227,146 Section 146 . 25.46 (17m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

25.46 (17m) All moneys received under s. 144.968 292.51 (2) for cooperative remedial action.

227,147 Section 147 . 25.46 (18) of the statutes is amended to read:

25.46 (18) All moneys received under s. 147.23 283.87 or as a settlement to any action initiated or contemplated under s. 147.23 283.87 for environmental repair.

227,148 Section 148 . 25.49 (2) of the statutes is amended to read:

25.49 (2) The fees imposed under s. 159.31 287.31.

227,149 Section 149 . 27.019 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

27.019 (11) Enforce highway littering law. Such committee shall work out plans to enforce the provision of s. 159.81 287.81 (2) (a) prohibiting the depositing of solid waste on or along highways.

227,150 Section 150 . 27.065 (10) (a) of the statutes is amended to read:

27.065 (10) (a) The special improvement bonds herein mentioned shall be equal liens against all lots, parts of lots or parcels of land against which special assessments have been made, without priority one over another, which liens shall take precedence of all other claims or liens thereon, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and when issued shall transfer to the holders thereof all the right, title and interest of such county in and to the assessment made on account of the improvement mentioned therein and the liens thereby created, with full power to enforce the collection thereof by foreclosure in the manner mortgages on real estate are foreclosed. The time of redemption therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed as a part of the judgment roll in said action in lieu of the original thereof.

227,151 Section 151 . 29.05 (8) (a) of the statutes is amended to read:

29.05 (8) (a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or s. 159.81, 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or s. 159.81, 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

227,152 Section 152 . 29.135 (1) (b) of the statutes is amended to read:

29.135 (1) (b) “Fish" means any processed or unprocessed fish of those species which are found in the waters of this the state as defined in s. 144.01 (19) 281.01 (18), including parts of fish or fish products. “Fish" does not include minnows produced and sold or purchased as bait.

227,153 Section 153 . 29.29 (3) (b) of the statutes is amended to read:

29.29 (3) (b) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life other than authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of natural resources under ch. 144 chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of that the department. Any such order shall be subject to modification by subsequent orders. Any person violating this paragraph shall forfeit not more than $200. Each day of a continuing violation is a separate offense.

227,154 Section 154 . 30.01 (1b) of the statutes is amended to read:

30.01 (1b) “Authorized base level of water loss" has the meaning given under s. 144.026 281.35 (1) (b).

227,155 Section 155 . 30.01 (7m) of the statutes is amended to read:

30.01 (7m) “Water loss" has the meaning given under s. 144.026 281.35 (1) (L).

227,156 Section 156 . 30.01 (9) of the statutes is amended to read:

30.01 (9) “Withdrawal" has the meaning given under s. 144.026 281.35 (1) (m).

227,157 Section 157 . 30.12 (4) (a) of the statutes is amended to read:

30.12 (4) (a) Activities affecting waters of the state as defined in s. 144.01 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29, 30.11, 30.123, 30.195, 30.20, 59.971, 61.351, 62.231, or 87.30 or ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

227,158 Section 158 . 30.124 (1) (intro.) of the statutes is amended to read:

30.124 (1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44 and 30.45 and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 144.01 (3) 299.01 (4), the department may do all of the following on public lands or waters:

227,159 Section 159 . 30.18 (2) (b) of the statutes is amended to read:

30.18 (2) (b) Streams or lakes. No person, except a person required to obtain an approval under s. 144.04 281.41, may divert water from any lake or stream in this state without a permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.

227,160 Section 160 . 30.18 (3) (b) of the statutes is amended to read:

30.18 (3) (b) Application; streams or lakes. An application for a permit required under sub. (2) (b) shall be submitted in the form required under s. 144.026 281.35 (5) (a). If the diversion also meets either condition specified under sub. (2) (a), the application shall also comply with par. (a).

227,161 Section 161 . 30.18 (4) (a) of the statutes is amended to read:

30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4). In addition to the notice requirements under s. 30.02 (3) and (4), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in s. 144.026 281.35 (5) (b) or (6) (f), if applicable.

227,162 Section 162. 30.18 (4) (b) of the statutes is amended to read:

30.18 (4) (b) 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 par. (a).

227,163 Section 163 . 30.18 (5) (b) of the statutes is amended to read:

30.18 (5) (b) Streams or lakes. The department shall approve an application for a permit required under sub. (2) (b) if the grounds for approval specified under s. 144.026 281.35 (5) (d) are met and, if the permit is also required under sub. (2) (a), if the department makes the determinations specified under par. (a).

227,164 Section 164 . 30.18 (6) (a) of the statutes is amended to read:

30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under sub. (2) (b), the permit shall comply with s. 144.026 281.35 (6).

227,165 Section 165 . 30.18 (6) (d) of the statutes is amended to read:

30.18 (6) (d) Review of permits. If the permit is one that is required under sub. (2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957, the department shall review the permit at least once every 5 years. If the permit is one that is required under sub. (2) (b), the department shall review the permit as required under s. 144.026 281.35 (6) (b).

227,166 Section 166 . 30.18 (6m) (c) of the statutes is amended to read:

30.18 (6m) (c) The department may revoke a permit issued under sub. (5) (b) only as provided under s. 144.026 281.35 (6).

227,167 Section 167 . 30.19 (3) (b) of the statutes is amended to read:

30.19 (3) (b) 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, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of par. (a).

227,168 Section 168 . 30.19 (4) of the statutes is amended to read:

30.19 (4) Issuance of permit. If the department finds that the project will not injure public rights or interest, including fish and game habitat, that the project will not cause environmental pollution as defined in s. 144.01 (3) 299.01 (4), that any enlargement connected to navigable waterways conforms to the requirement of laws for the platting of land and for sanitation and that no material injury to the rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways.

227,169 Section 169 . 30.20 (2) (a) of the statutes is amended to read:

30.20 (2) (a) The department, whenever consistent with public rights, may enter into contracts on behalf of the state for the removal of any material from the bed of any navigable lake or any of the outlying waters, and for the lease or sale of the material. Every contract shall contain such conditions as may be necessary for the protection of the public interest and the interests of the state and shall fix the compensation to be paid to the state for material so removed, except that no compensation may be paid for the material if the contract is with a municipality as defined in s. 144.01 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No contract entered into under this paragraph may run for a longer period than 5 years.

227,170 Section 170 . 30.202 (3) of the statutes is amended to read:

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.