97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under s. 144.025 or 162.03
280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under ch. 160.
Note: The reference to “state drinking water standards adopted...under s. 144.025" is overly inclusive. Section 144.025 contains a variety of water quality-related provisions and only s. 144.025 (2) (b) and (t) relate specifically to setting water quality and drinking water standards. Therefore, the new cross-reference is restricted to new ss. 281.15 and 281.17 (8), which correspond with current s. 144.025 (2) (b) and (t).
The cross-reference to “state drinking water standards adopted...under s. ... 162.03" is incorrect. State drinking water standards are adopted under s. 162.01. None of the powers of the DNR enumerated under s. 162.03 relates to the adoption of drinking water standards. Therefore, the new cross-reference is to s. 280.11, which corresponds with current s. 162.01.
227,326
Section 326
. 97.34 (2) (c) of the statutes is amended to read:
97.34 (2) (c) The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water supply used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water supplies or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under s. 144.95 299.11.
227,327
Section 327
. 97.34 (2) (d) of the statutes is amended to read:
97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the location and construction of the water supply and the pump installation used by the manufacturer or bottler comply with rules promulgated by the department of natural resources under s. 162.03 280.13.
227,328
Section 328
. 100.27 (5) (b) of the statutes is amended to read:
100.27 (5) (b) Informs each purchaser of one of its mercuric oxide batteries of the collection site identified under par. (a) and of the prohibition in s. 159.185
287.185 (2).
227,329
Section 329
. 101.09 (1) (d) of the statutes is amended to read:
101.09 (1) (d) “Waters of the state" has the meaning specified under s. 144.01 (19) 281.01 (18).
227,330
Section 330
. 101.09 (2) (b) of the statutes is amended to read:
101.09 (2) (b) This section does not apply to storage tanks which require a hazardous waste license under s. 144.64 291.25.
227,331
Section 331
. 101.126 (1) (intro.) of the statutes is amended to read:
101.126 (1) (intro.) The department shall establish, by rule, requirements for a person engaging in any of the following to provide adequate space in or adjacent to the building for the separation, temporary storage and collection of the materials listed in s. 159.07 287.07 (3) or (4), likely to be generated by the occupants of the building:
227,332
Section 332
. 101.143 (1) (b) of the statutes is amended to read:
101.143 (1) (b) “Discharge" has the meaning designated under s. 144.76 (1) (a) 292.01 (3).
227,333
Section 333
. 101.143 (1) (c) of the statutes is amended to read:
101.143 (1) (c) “Groundwater" has the meaning designated under s. 144.027 281.75 (1) (c).
227,334
Section 334
. 101.143 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 144.76 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.
227,335
Section 335
. 101.143 (3) (a) 5. of the statutes is amended to read:
101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency government in the department of military affairs or to the department of natural resources, according to the requirements under s. 144.76 292.11.
227,336
Section 336
. 101.143 (3) (c) 3. of the statutes is amended to read:
101.143 (3) (c) 3. Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s. 144.76 292.11.
227,337
Section 337
. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76
292.11.
227,338
Section 338
. 101.143 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.
227,339
Section 339
. 101.143 (4) (b) 14. of the statutes is amended to read:
101.143 (4) (b) 14. Other costs identified by the department as necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s. 144.76 292.11.
227,340
Section 340
. 101.144 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (1) (a) “Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).
227,341
Section 341
. 101.144 (1) (am) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (1) (am) “Hazardous substance" has the meaning given in s. 144.01 (4m) 299.01 (6).
227,342
Section 342
. 101.144 (3) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (3) (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 that is covered under sub. (2) (b) only if one or more of the following apply:
227,343
Section 343
. 101.144 (3) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (3) (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.
227,344
Section 344
. 101.144 (3) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (3) (e) The department of natural resources takes the action under s. 144.76 292.11 (7) (a) because the identity of the responsible person is unknown.
227,345
Section 345
. 101.144 (3m) (a) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
101.144 (3m) (a) 2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 144.76 292.11 (7).
227,346
Section 346
. 101.578 (1) of the statutes is amended to read:
101.578 (1) In this section, “medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.
227,347
Section
347. 107.001 (3) of the statutes is amended to read:
107.001 (3) “Mining company" means any person or agent of a person who has a prospecting or mining permit under s. 144.84 293.45 or
144.85 293.49.
227,348
Section 348
. 107.15 (2) (a) of the statutes is amended to read:
107.15 (2) (a) “Exploration" has the meaning designated in s. 144.81 (2) 293.01 (5).
227,349
Section 349
. 107.15 (2) (b) of the statutes is amended to read:
107.15 (2) (b) “Licensee" means any person licensed to conduct exploration activities by the department of natural resources under s. 144.832 293.21. If the person is a corporation or limited liability company, “licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.
227,350
Section 350
. 107.15 (2) (d) of the statutes is amended to read:
107.15 (2) (d) “Mining" or “mining operation" has the meaning designated in s. 144.81 (5) 293.01 (9).
227,351
Section 351
. 107.15 (2) (e) of the statutes is amended to read:
107.15 (2) (e) “Prospecting" has the meaning designated in s. 144.81 (12) 293.01 (18).
227,352
Section 352
. 107.20 (1) of the statutes is amended to read:
107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 144.84 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.
227,353
Section 353
. 107.25 (1) (c) of the statutes is amended to read:
107.25 (1) (c) The lessor may cancel an exploration mining lease if 10 years have elapsed from the date on which the lease was recorded in the office of the register of deeds of the county where the property is located and the lessee has not formally applied, under s. 293.35 or 293.37, for either a permit to prospect under s. 144.84 or a permit to mine under s. 144.85. In the event that the lessee formally applies for a prospecting permit under s. 144.84 293.35 or a mining permit under s. 144.85 293.37 within the 10-year period, but does not receive a mining permit under s. 144.85 293.49 within the 10-year period following the date of application for the prospecting permit or mining permit, the lessor's right to cancel is revived.
227,354
Section 354
. 107.30 (8) of the statutes is amended to read:
107.30 (8) “Mining" or “mining operation" has the meaning set forth in s. 144.81 (5) 293.01 (9).
227,355
Section 355
. 107.30 (15) of the statutes is amended to read:
107.30 (15) “Prospecting" has the meaning set forth in s. 144.81 (12) 293.01 (18).
227,356
Section 356
. 107.30 (16) of the statutes is amended to read:
107.30 (16) “Prospecting site" has the meaning set forth in s. 144.81 (13n) 293.01 (21).
227,357
Section 357
. 109.09 (2) of the statutes is amended to read:
109.09 (2) The department, under its authority under sub. (1) to maintain actions for the benefit of employes, or an employe who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency. A lien under this subsection takes effect when the department or employe files a verified petition claiming the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department or employe must file the petition within 2 years after the date that the wages were due. The petition shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made and state that the petitioner claims a lien on that property. The lien shall take precedence over all other debts, judgments, decrees, liens or mortgages against the employer, 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 may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the department or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.
227,358
Section 358
. 110.07 (1) (a) 1. of the statutes is amended to read:
110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 159.81 and 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.
227,359
Section
359. 110.07 (1) (a) 3. of the statutes is amended to read:
110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this chapter, ss. 159.81 and 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.
227,360
Section 360
. 110.07 (1) (b) of the statutes is amended to read:
110.07 (1) (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 159.81 and 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.
227,361
Section 361
. 110.20 (1) (ac) of the statutes is amended to read:
110.20 (1) (ac) “Air pollution control equipment" has the meaning given in s. 144.42 285.30 (6) (a) 1.
227,362
Section 362
. 110.20 (1) (b) of the statutes is amended to read:
110.20 (1) (b) “Nonexempt vehicle" means any motor vehicle as defined under s. 340.01 (35) which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under s. 144.42 285.30 (2) applies.
227,363
Section 363
. 110.20 (3) (a) of the statutes is amended to read:
110.20 (3) (a) The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under s. 144.42
285.30 (2) and compliance with s. 144.42 285.30 (6).
227,364
Section 364
. 110.20 (5) (a) of the statutes is amended to read:
110.20 (5) (a) Any county identified in a certification under s. 144.42 285.30 (3). The department shall terminate the program in the county at the end of the contractual period in effect when the county is withdrawn under s. 144.42 285.30 (4).
227,365
Section 365
. 110.20 (6) (b) of the statutes, as affected by 1993 Wisconsin Act 288, is amended to read:
110.20 (6) (b) The program shall require an air pollution control equipment inspection to determine compliance with s. 144.42 285.30 (6) of any nonexempt vehicle customarily kept in a county identified in sub. (5) whenever a nontransient emissions inspection is performed or at the time of application for a waiver under sub. (13).
227,366
Section 366
. 110.20 (13) (c) 2. of the statutes is amended to read:
110.20 (13) (c) 2. Costs necessary to repair or replace any emissions control system or mechanism which has been removed, dismantled or rendered inoperative in violation of s. 144.42 285.30 (6) or rules promulgated under that section.
227,367
Section 367
. Chapter 144 (title) of the statutes is repealed.
227,368
Section 368
. Subchapter I (title) of chapter 144 [precedes 144.01] of the statutes is repealed.
227,369
Section 369
. 144.01 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
227,370
Section 370
. Subchapter II (title) of chapter 144 [precedes 144.02] of the statutes is repealed.
