1995 Wisconsin Act 227

227,276 Section 276 . 84.078 (1) (be) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

84.078 (1) (be) “Owner" has the meaning given in s. 144.442 (9) 292.31 (8) (a) 2.

227,277 Section 277 . 84.078 (3) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

84.078 (3) (a) (intro.) Notwithstanding chs. 144, 147 and 160, 281 to 285 and 289 to 299, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:

227,278 Section 278 . 84.31 (4) (a) 1. of the statutes is amended to read:

84.31 (4) (a) 1. Was lawfully established and maintained prior to June 11, 1976 but which does not comply with this section or rules adopted under this section. A junkyard shall be considered nonconforming under this section even if it was maintained in violation of rules related to screening adopted under s. 144.435 289.05 (1).

227,279 Section 279 . 84.31 (4) (b) of the statutes is amended to read:

84.31 (4) (b) A junkyard has a nonconforming status only to the extent that it is not in compliance with this section or rules adopted under this section or rules related to screening adopted under s. 144.435 289.05 (1) at the time this section or rules adopted under it or under s. 144.435 289.05 (1) become applicable to the junkyard. A junkyard retains its nonconforming status as long as it is not abandoned, destroyed or discontinued, or extended, enlarged or substantially changed, or otherwise altered so as to be in violation of any state statute or rule or local ordinance. A junkyard is presumed to be abandoned if inactive for more than one year.

227,280 Section 280 . 84.31 (9) of the statutes is amended to read:

84.31 (9) Other laws. Nothing in this section shall be construed to abrogate or affect any law or ordinance which is more restrictive than this section. The provisions of this section are in addition to and do not supersede the requirements under ss. 59.07 (38), 144.435 to 144.44, 175.25 and, 218.205 to 218.23 and 289.05 to 289.32, or rules or ordinances adopted thereunder which apply to junkyards. Provisions of this section apply to any junkyard licensed or permitted by a local unit of government or another state agency.

227,281 Section 281. 85.17 (1) (b) of the statutes is amended to read:

85.17 (1) (b) “Waters of the state" has the meaning specified under s. 144.01 (19) 281.01 (18).

227,282 Section 282 . 88.40 (2) of the statutes is amended to read:

88.40 (2) From the time of recordation of the order confirming such assessments for costs until they are paid, such assessments and the interest thereon are a first lien upon the lands assessed and take priority over all other liens or mortgages except liens for general taxes and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, regardless of the priority in time of such other liens or mortgages.

227,283 Section 283 . 91.75 (9) (a) 1. of the statutes is amended to read:

91.75 (9) (a) 1. A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s. 66.038 or 144.9407 (3) 295.13, that fulfills reclamation standards established by the ordinance.

227,284 Section 284 . 92.04 (2) (f) of the statutes is amended to read:

92.04 (2) (f) Review annual reports. The board shall review the annual reports under ss. 92.14 (12) and 144.25 281.65 (4) (o).

227,285 Section 285 . 92.04 (2) (k) of the statutes is amended to read:

92.04 (2) (k) Review of pollution abatement determinations. The board shall review and affirm or reverse decisions of county land conservation committees under s. 144.025 (2) (v) 1m. 281.20 (3) (b) when review is requested under s. 144.025 (2) (w) 281.20 (5). The board may conduct an informal hearing that is not a contested case under ch. 227.

227,286 Section 286 . 92.04 (2) (L) of the statutes is amended to read:

92.04 (2) (L) Review of critical site determinations. The board shall review and affirm or reverse decisions of county land conservation committees under s. 144.25 281.65 (7) (a) 2. when review is requested under s. 144.25 281.65 (7) (b). The board may conduct an informal hearing which is not a contested case under ch. 227.

227,287 Section 287 . 92.05 (1) of the statutes is amended to read:

92.05 (1) Central agency. The department is the central agency of this state responsible for setting and implementing statewide soil and water conservation policies and administering the state's soil and water conservation programs. The department shall coordinate its soil and water conservation program with the nonpoint source water pollution abatement program established under s. 144.25 281.65, the inland lake protection and rehabilitation program established under ch. 33 and other programs with objectives related to soil and water conservation administered by the department of natural resources or by other state or federal agencies.

227,288 Section 288 . 92.05 (3) (f) and (j) of the statutes are amended to read:

92.05 (3) (f) Nonpoint source water pollution abatement. The department shall perform the duties specified for the department in the nonpoint source water pollution abatement program under s. 144.25 281.65 (5).

(j) Milkhouse wastewater. The department, in consultation with appropriate state and federal agencies, shall promulgate guidelines for determining eligibility for financial assistance under ss. 92.14 and 144.25 281.65 for milkhouse wastewater.

227,289 Section 289 . 92.08 (1) of the statutes is amended to read:

92.08 (1) Every land conservation committee shall prepare annually for its county a plan which describes the soil and water resource activities to be undertaken by that county and the dollar amounts required for personnel to administer and implement activities in that county related to soil conservation activities required under ss. 92.104 and 92.105 to claim a farmland preservation credit under s. 71.09 (11), activities required under s. 92.17 related to shoreland management or activities required under s. 144.25 281.65 (8m) related to the development or implementation of animal waste ordinances. The land conservation committee shall submit that plan to the county board of that county and to the department.

227,290 Section 290 . 92.14 (1) (a), (b) and (c) of the statutes are amended to read:

92.14 (1) (a) “Best management practices" has the meaning given under s. 144.25 281.65 (2) (a).

(b) “Nonpoint source" has the meaning given under s. 144.25 281.65 (2) (b).

(c) “Priority watershed" has the meaning given under s. 144.25 281.65 (2) (c).

227,291 Section 291 . 92.14 (4) (c) of the statutes is amended to read:

92.14 (4) (c) Construction of a facility or system related to animal waste management by a farmer who has received a notice of discharge under ch. 147 283 or management practices required under a notice to a farmer under s. 144.025 (2) (v) 281.20 (3). In awarding grants under this paragraph, the department shall give preference to farmers who have received a notice of discharge under s. 144.025 (2) 281.20 (3) or ch. 147 283. The amount of a grant for management practices required under a notice to a farmer under s. 144.025 (2) (v) 281.20 (3) shall be based on the cost of the method of controlling nonpoint source pollution which the department determines to be the most cost-effective and may not exceed 70% of the total cost of that method. The department may issue grants directly to farmers under this paragraph.

Note: The reference to a “notice of discharge under s. 144.025 (2)" is overly broad. Section 144.025 (2) contains a variety of water quality-related provisions and only s. 144.025 (2) (v) provides for a notice of discharge. Therefore, the amended cross-reference is restricted to new s. 281.20 (3), which corresponds with current s. 144.025 (2) (v).

227,292 Section 292. 92.14 (5) (a) of the statutes is amended to read:

92.14 (5) (a) From the appropriation under s. 20.115 (7) (km), the department may make a grant for the purpose specified in sub. (4) (c) if the facility or system will be located in a priority watershed, as defined in s. 144.25 281.65 (2) (c), or a priority lake area, as defined in s. 144.25 281.65 (2) (bs), and the conditions specified in sub. (4) (c) are satisfied.

227,293 Section 293 . 92.14 (6) (g) of the statutes is amended to read:

92.14 (6) (g) Every project awarded a grant under this section shall be consistent with the plans under s. 92.15, 1985 stats., and under this section and ss. 92.08, 92.10 and 144.25 281.65.

227,294 Section 294 . 92.14 (6) (h) 2. of the statutes is amended to read:

92.14 (6) (h) 2. The department may make payments under this section for the construction of a facility or system related to animal waste management directly to farmers who receive a notice of discharge related to animal waste under ch. 147 283.

227,295 Section 295 . 92.14 (6) (h) 3. of the statutes is amended to read:

92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources to act under ch. 147 283.

227,296 Section 296 . 92.14 (6) (i) 2. of the statutes is amended to read:

92.14 (6) (i) 2. Conduct all land management and pollutant management activities in substantial accordance with plans approved under s. 92.15, 1985 stats., and under ss. 92.08, 92.10, 92.14 and 144.25 281.65, or to repay the cost-sharing funds to the grant recipient.

227,297 Section 297 . 92.14 (8) of the statutes is amended to read:

92.14 (8) Rules. In consultation with the department of natural resources, the department shall promulgate rules to administer this section and the department's duties under s. 144.25 281.65.

227,298 Section 298 . 92.14 (12) of the statutes is amended to read:

92.14 (12) Annual report. Annually, the department, in cooperation with the department of natural resources, shall submit a report on the progress of the program under this section and s. 144.25 281.65 to the board.

227,299 Section 299 . 92.14 (13) of the statutes is amended to read:

92.14 (13) Evaluation plan. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 144.25 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

227,300 Section 300 . 92.14 (14) of the statutes is amended to read:

92.14 (14) Application, reporting and evaluation forms. The department, jointly with the department of natural resources, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and s. 144.25 281.65.

227,301 Section 301 . 92.18 (1) (b) of the statutes is amended to read:

92.18 (1) (b) Section 144.25 281.65, if those activities relate to agricultural practices.

227,302 Section 302 . 93.12 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

93.12 (5) The department shall establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The department shall submit any rules proposed under this subsection which affect the laboratory certification program under s. 144.95 299.11 to the department of natural resources and to the state laboratory of hygiene for review and comment. These rules may not take effect unless they are approved by the department of natural resources within 6 months after submission.

227,303 Section 303 . 93.12 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

93.12 (8) The department shall enter into a memorandum of understanding with the department of natural resources setting forth the responsibilities of each department in administering the laboratory certification programs under sub. (5) and s. 144.95 299.11. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.

227,304 Section 304 . 93.12 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

93.12 (9) The department shall recognize the certification or registration of a laboratory by the department of natural resources under s. 144.95 299.11 and shall accept the results of any test conducted by a laboratory certified or registered to conduct that category of test under that section.

227,305 Section 305 . 93.55 (2) of the statutes is amended to read:

93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall fund all or a part of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 144.61 (5m) 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (v).

227,306 Section 306 . 94.64 (1) (pm) of the statutes is amended to read:

94.64 (1) (pm) “Sewage sludge" means the residue material resulting from the treatment of sewage. In this paragraph, “sewage" has the meaning specified in s. 144.01 281.01 (13).

227,307 Section 307 . 94.645 (1) (g) of the statutes is amended to read:

94.645 (1) (g) “Waters of the state" has the meaning specified under s. 144.01 (19) 281.01 (18).

227,308 Section 308 . 94.65 (3) (a) 3. of the statutes is amended to read:

94.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources under s. 147.02 283.31 or 147.023 283.35.

227,309 Section 309 . 94.701 (3) (c) of the statutes is amended to read:

94.701 (3) (c) A political subdivision may enact an ordinance or enter into an agreement under s. 144.445 289.33 (9) relating to the storage, treatment or disposal of solid waste containing pesticides, pesticide containers or pesticide residues.

227,310 Section 310 . 94.73 (1) (a) of the statutes is amended to read:

94.73 (1) (a) “Agricultural chemical" means a substance that is a fertilizer or a nonhousehold pesticide and that is a hazardous substance, as defined in s. 144.01 (4m) 299.01 (6).

227,311 Section 311 . 94.73 (1) (b) of the statutes is amended to read:

94.73 (1) (b) “Corrective action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. “Corrective action" includes action taken or ordered by the department of natural resources under s. 144.76 292.11 (7) in response to a discharge, but does not include action ordered by the department of natural resources under s. 144.73 (1) or 144.735 (2) 291.37 (2) or 291.95. “Corrective action" does not include action taken, or ordered to be completed, before January 1, 1989.

227,312 Section 312 . 94.73 (1) (e) of the statutes is amended to read:

94.73 (1) (e) “Discharge" means the discharge, as defined in s. 144.76 (1) (a) 292.01 (3), of an agricultural chemical.

227,313 Section 313 . 94.73 (2) (a) of the statutes is amended to read:

94.73 (2) (a) The department may issue an order requiring a responsible person to take corrective action. Except as provided in a memorandum of understanding under sub. (12), if a discharge involves a hazardous substance that may also become a hazardous waste, the department and the department of natural resources shall consult to determine whether corrective action should be taken under this section or s. 144.442 (6), 144.73 (1) or 144.735 (2) 291.37 (2), 291.95 (1) or 292.31 (3).

227,314 Section 314 . 94.73 (2) (bg) 2. and 3. and (d) of the statutes are amended to read:

94.73 (2) (bg) 2. Containment, removal, treatment or monitoring of environmental contamination caused by the discharge if the containment, removal, treatment or monitoring complies with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48.

3. Transportation, storage, land application or disposal of contaminated materials, in compliance with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48.

(d) Soil or water removed from a discharge site as part of a corrective action may only be spread on land if that spreading on land is in compliance with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48, and if the department has given its written authorization.

227,315 Section 315 . 94.73 (2m) (intro.) of the statutes is amended to read:

94.73 (2m) Corrective action ordered by the department of natural resources. (intro.) The department of natural resources may take action under s. 144.76 292.11 (7) (a) or may issue an order under s. 144.76 292.11 (7) (c) in response to a discharge only if one or more of the following apply:

227,316 Section 316 . 94.73 (2m) (d) of the statutes is amended to read:

94.73 (2m) (d) The department of natural resources takes action under s. 144.76 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 292.11 (7) (c) in compliance with this subsection.

227,317 Section 317 . 94.73 (3) (d) of the statutes is amended to read: