Wisconsin Legislature: 27,3606

281.75 (16) (d) The state is subrogated to the rights of a claimant who obtains an award under this section in an amount equal to the award. All moneys recovered under this paragraph shall be credited to the environmental fund for environmental repair management.

27,3601 Section 3601 . 281.85 (intro.) of the statutes is amended to read:

281.85 Great Lakes protection fund share. (intro.) The department may use moneys from the appropriation under s. 20.370 (2) (4) (ah) for any of the following purposes:

27,3602 Section 3602 . 281.98 of the statutes is amended to read:

281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d) and, 281.75 (19) and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

(2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

27,3603 Section 3603 . 281.99 of the statutes is created to read:

281.99 Administrative forfeitures for safe drinking water violations. (1) (a) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of safe drinking water program rules promulgated under s. 281.17 (8) or (9).

(b) 1. Subject to subd. 2., if the department proposes to assess a forfeiture for a particular violation, it shall first provide written notice of the alleged violation to the water system owner or operator. The notice shall state the amount of the proposed forfeiture, an explanation of how the amount of the proposed forfeiture was determined under sub. (2) (b) and a proposed order under par. (c). After providing the notice, the department shall attempt to negotiate with the water system owner or operator to remedy the alleged violation. If the water system owner or operator corrects the alleged violation, or if the department and the water system owner or operator reach a compliance agreement, before an order is issued under par. (c), the department may not assess a forfeiture for the alleged violation.

2. The department may directly assess a forfeiture by issuing an order under par. (c) without first providing notice if the alleged violation either creates an acute risk to public health or safety or is part of a documented pattern of noncompliance with one or more rules promulgated under s. 281.17 (8) or (9).

(c) If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) to the water system owner or operator alleged to have committed the violation. Except as provided in par. (b) 2., the department may not issue the order until at least 60 days after the day on which it provided notice under par. (b) 1. The order shall specify the amount of the forfeiture assessed, the violation and the rule alleged to have been violated and shall inform the licensee of the right to contest the order under sub. (3).

(2) (a) The amount of forfeitures that the department may assess under this section are as follows:

1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not more than $1,000 for each day of violation, but not more than $25,000 in one order.

2. For water systems that serve a population of 10,000 persons or less, not less than $10 and not more than $500 for each day of violation, but not more than $25,000 in one order.

(b) The department, in determining the amount of forfeiture that it assesses under this section, shall consider the following factors, as appropriate:

1. The gravity of the violation, including the probability of harm to persons served by the water system.

2. Good faith exercised by the water system owner or operator, including past or ongoing efforts to correct problems or achieve compliance with the safe drinking water program.

3. Any previous violations committed by the water system owner or operator at the same water system.

4. The financial benefit to the water system owner or operator of continuing the violation.

5. Any other relevant factors.

(c) While an order issued under this section is contested, suspended, stayed or enjoined, any forfeiture under this section does not accrue.

(3) A water system owner or operator may contest the issuance of an order and the assessment of a forfeiture under this section using the procedure under ch. 227 or s. 281.19 (8). A water system owner or operator that timely requests a hearing under ch. 227 is entitled to a contested case hearing.

(4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

(5) The attorney general may bring an action as provided in s. 281.19 (2) (a) in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews.

(6) Section 893.80 does not apply to actions commenced under this section.

27,3604 Section 3604 . 283.31 (7) of the statutes is amended to read:

283.31 (7) The holder of a permit under this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

27,3605 Section 3605 . 283.33 (9) (c) of the statutes is amended to read:

283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (2) (4) (bj).

27,3606 Section 3606 . 283.84 of the statutes is created to read:

283.84 Trading of water pollution credits. (1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. The department may only administer a pilot project if the pilot project is consistent with the federal Water Pollution Control Act, 33 USC 1251 to 1387. Subject to sub. (1m), a pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:

(a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.

(b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.

(c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

(1m) A pilot project may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:

(a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in water quality.

(b) The authorized increase in pollutants and the reduction in pollution provided for in the agreement under sub. (1) (a), (b) or (c) involve the same pollutant or the same water quality standard.

(2) The department may select an area as a project area under this section only if all of the following apply:

(a) The area is the watershed or a portion of the watershed of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

(b) The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.

(3) (a) The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include representatives of persons in the project area who hold permits.

(b) A committee appointed under s. 281.65 (4) (dr) satisfies the requirement under par. (a) if it includes the members required under par. (a).

(3m) A person engaged in mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s.295.11 (3), may not enter into an agreement under sub. (1) (a), (b) or (c).

(4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.

(4m) The department may not begin to administer a pilot project under this section after June 30, 1999.

(5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.

27,3606pm Section 3606pm. 285.30 (5) (b) of the statutes is amended to read:

285.30 (5) (b) A motor vehicle with a gross vehicle weight rating exceeding 14,000 10,000 pounds, as determined by the manufacturer of the vehicle.

27,3607 Section 3607 . 285.30 (5) (i) of the statutes is amended to read:

285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does not apply after June 30, 1996.

27,3608 Section 3608 . 285.31 (5) of the statutes is repealed.

27,3609 Section 3609 . 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and amended to read:

285.59 (1) (title) Definition Definitions. (intro.) In this section, “ozone-depleting:

(a) “Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

27,3610 Section 3610 . 285.59 (1) (b) of the statutes is created to read:

285.59 (1) (b) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

27,3611 Section 3611 . 285.59 (2) (intro.) of the statutes is amended to read:

285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

27,3612 Section 3612 . 285.69 (2) (c) (intro.) of the statutes is amended to read:

285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the following:

27,3613 Section 3613 . 285.69 (3) of the statutes is amended to read:

285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

27,3613g Section 3613g. 287.07 (7) (a) of the statutes is amended to read:

287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.

27,3613gg Section 3613gg. 287.07 (7) (b) 3. of the statutes is created to read:

287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.

27,3613m Section 3613m. 287.07 (7) (d) of the statutes is amended to read:

287.07 (7) (d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.

27,3614 Section 3614 . 287.09 (3) (b) of the statutes is amended to read:

287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

27,3614gc Section 3614gc. 287.11 (1) of the statutes is amended to read:

287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

27,3614ge Section 3614ge. 287.11 (2) (b), (c) (intro.), (d) (intro.) and (i) of the statutes are amended to read:

287.11 (2) (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

(i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

27,3614gg Section 3614gg. 287.11 (2e) (a) of the statutes is renumbered 287.11 (2e) and amended to read:

287.11 (2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.

27,3614gk Section 3614gk. 287.11 (2e) (b) of the statutes is repealed.

27,3614gm Section 3614gm. 287.11 (2m) (b) (intro.) of the statutes is amended to read:

287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

27,3614gp Section 3614gp. 287.11 (2m) (c) of the statutes is amended to read:

287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

27,3614gr Section 3614gr. 287.11 (2p) (c) of the statutes is amended to read:

287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to a an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

27,3614gt Section 3614gt. 287.12 of the statutes is repealed.