281.346 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:
32,2911
Section
2911. 281.346 (8) (b) 3. of the statutes is amended to read:
281.346 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.
32,2911c
Section 2911c. 281.346 (12) (a) of the statutes is amended to read:
281.346 (12) (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount and except that, notwithstanding the department's rule-making authority, no person is required to pay more than $1,000 per year under this paragraph.
32,2912
Section
2912. 281.57 (7) (c) 1. of the statutes is amended to read:
281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.143 (3) 20.165 (2) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
32,2913
Section
2913. 281.58 (12) (a) 1. of the statutes is amended to read:
281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 60 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2009-11 2011-13 biennium and 60% 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2009-11 2011-13 biennium or later.
32,2914
Section
2914. 281.58 (12) (a) 2. of the statutes is amended to read:
281.58 (12) (a) 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% 65 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.
32,2915
Section
2915. 281.58 (12) (a) 3. of the statutes is amended to read:
281.58 (12) (a) 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% 70 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.
32,2916
Section
2916. 281.58 (12) (f) of the statutes is amended to read:
281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates rate established in par. (a) 1. to 3.
32,2917
Section
2917. 281.59 (3e) (b) 1. of the statutes is amended to read:
281.59 (3e) (b) 1. Equal to $134,900,000 $69,200,000 during the 2009-11 2011-13 biennium.
32,2918
Section
2918. 281.59 (3e) (b) 3. of the statutes is amended to read:
281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.
32,2919
Section
2919. 281.59 (3e) (d) of the statutes is amended to read:
281.59 (3e) (d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% 95 percent of the amount approved by the legislature under par. (b). The department may expend such amount only from the percentage of the amount approved under par. (b) that is not available under par. (e) for financial hardship assistance.
32,2920
Section
2920. 281.59 (3e) (e) of the statutes is amended to read:
281.59 (3e) (e) The department may expend, for financial hardship assistance, other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% 5 percent of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.
32,2921
Section
2921. 281.59 (3s) (b) 1. of the statutes is amended to read:
281.59 (3s) (b) 1. Equal to $17,600,000 $30,700,000 during the 2009-11 2011-13 biennium.
32,2922
Section
2922. 281.59 (3s) (b) 2. of the statutes is amended to read:
281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.
32,2923
Section
2923. 281.59 (4) (f) of the statutes is amended to read:
281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $2,363,300,000 $2,716,300,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.
32,2924
Section
2924. 281.60 (6) of the statutes is amended to read:
281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the department of commerce Wisconsin Economic Development Corporation.
32,2925
Section
2925. 281.61 (8) (a) 2. of the statutes is amended to read:
281.61 (8) (a) 2. In any biennium, no local governmental unit may receive more than 25% of the amount established under s. 281.59 (3s) (b) funds that the department of administration projects will be available for that biennium.
32,2927b
Section 2927b. 281.68 (2) (a) of the statutes is amended to read:
281.68 (2) (a) The department may provide a grant of 75% 67 percent of the cost of a lake management planning project up to a total of $10,000 $25,000 per grant. In each fiscal year, the total amount of moneys awarded as grants for lake management planning projects may not exceed $50,000 for any one lake.
32,2929
Section
2929. 281.75 (18) of the statutes is amended to read:
281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce safety and professional services finds that the plumber falsified information submitted under this section.
32,2932
Section
2932. 283.15 (2) (a) of the statutes is renumbered 283.15 (2) (am) and amended to read:
283.15 (2) (am) 1. When Within 60 days after the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.
2. After an application for a variance is submitted to the department under subd. 1., and until the last day for seeking review of the secretary's final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 283.13 (5) and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 283.63. For those provisions for which an application for variance has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.
32,2933
Section
2933. 283.15 (2) (a) of the statutes is created to read:
283.15 (2) (a) If a permit contains a variance or if a permittee anticipates that a reissued permit will include a water quality based effluent limitation under s. 283.13 (5), when the permittee applies for reissuance of the permit the permittee may apply to the department for renewal of the variance or for a variance from the water quality standard that would be used to derive the water quality based effluent limitation.
32,2934
Section
2934. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and amended to read:
283.15 (2) (b) The department shall specify by rule the information to be included in the an application. The permittee shall submit an application for a variance within 60 days after the department issues, reissues or modifies the permit under this subsection.
32,2935
Section
2935. 283.15 (2) (b) 2. of the statutes is repealed.
32,2936
Section
2936. 283.15 (2) (b) 3. of the statutes is repealed.
32,2937
Section
2937. 283.15 (2) (c) of the statutes is amended to read:
283.15 (2) (c) The department may request additional information from the permittee within 30 days after receiving either the an application under par. (b) 1. or the information under par. (b) 2. (am) 1. The permittee shall provide the additional information within 30 days after receipt of the department's request. An application is not complete until the additional information is provided to the department.
32,2938
Section
2938. 283.15 (2) (e) of the statutes is repealed.
32,2939
Section
2939. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and amended to read:
283.15 (3) (b) The secretary shall issue a tentative decision on the an application for a variance under sub. (2) (am) 1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.
32,2940
Section
2940. 283.15 (3) (a) of the statutes is created to read:
283.15 (3) (a) The secretary shall issue a tentative decision on an application for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the permit.
32,2941
Section
2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:
283.15 (4) (a) 1. (intro.) Within 90 days after expiration of the comment period under sub. (3), the The secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:
32,2942
Section
2942. 283.15 (4) (a) 2. of the statutes is amended to read:
283.15 (4) (a) 2. Within 90 days after the expiration of the comment period under sub. (3), the The secretary shall deny a requested variance if the permittee fails to make the demonstration required under subd. 1.
32,2943
Section
2943. 283.15 (4) (a) 3. of the statutes is repealed.
32,2944
Section
2944. 283.15 (4) (b) of the statutes is repealed.
32,2945
Section
2945. 283.15 (4) (c) of the statutes is repealed.
32,2946
Section
2946. 283.15 (5) (b) of the statutes is amended to read:
283.15 (5) (b) A variance applies for the term established by the secretary, but not to exceed 3 5 years. The term of the initial variance and any renewals thereof may not exceed the time that the secretary determines is necessary to achieve the water quality based effluent limitation. Initial and interim effluent limitations established under par. (c) 1. apply, as appropriate, for the term of the underlying permit as issued, reissued or modified to implement the decision under sub. (4) (b) (a) 1. or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s. 227.51 (2) shall apply for the purposes of continuing the provisions of a permit pending the issuance or reissuance of a permit. Upon the issuance or reissuance of the new permit, sub. (2) (a) 2. and s. 283.63 (1) (am) apply.
32,2947
Section
2947. 283.15 (5) (c) (intro.) of the statutes is amended to read:
283.15 (5) (c) (intro.) The department shall require all of the following in a permit reissued or modified pursuant to sub. (4) (c) to implement a variance shall require:
32,2948
Section
2948. 283.15 (5) (c) 1. of the statutes is amended to read:
283.15 (5) (c) 1. Compliance with an initial effluent limitation which that at the time the variance is approved represents the level currently achievable by the permittee and that is no less stringent than the effluent limitation achieved under the permit before reissuance. At the time a variance is approved a compliance schedule and an interim effluent limitation that is achievable by the permittee during the term of the variance may be specified. The initial and the interim effluent limitations may not be less stringent than a categorical effluent limitation that applies to the permittee under s. 283.13 (2) or (4) or 283.19 or a toxic effluent standard that applies to the permittee under s. 283.21.
32,2949
Section
2949. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read:
283.15 (5) (c) 2. (intro.) Investigation of treatment technologies, process changes, pollution prevention, wastewater reuse or other techniques that may result in compliance by the permittee with the water quality standard adopted under s. 281.15, and submission of reports on the investigations at such times as required by the department. The secretary shall modify or waive the requirements specified in this subdivision if the secretary determines, based upon comments received on the tentative decision under sub. (3), that the requirements of this subdivision are:
32,2950
Section
2950. 283.15 (6) of the statutes is amended to read:
283.15 (6) Renewal. A variance may be renewed using the procedures in and subject to subs. (2) to (5). A variance may not be renewed if the permittee did not submit the reports required under sub. (5) (c) 2. or substantially comply with all other conditions of the variance.
32,2951
Section
2951. 283.39 (3) (dm) of the statutes is created to read:
283.39 (3) (dm) If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;
32,2951k
Section 2951k. 283.60 of the statutes is created to read:
283.60 Waiver for certain nutrient management research projects. (1) The department may waive the requirement for a permit under this chapter for a research project for the purpose of evaluating advanced agricultural nutrient management tools and precision agricultural technology, if all of the following conditions are met:
(a) The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.
(b) The department reviews and approves the project before the project begins.
(c) The person who will operate the project agrees to take necessary actions to maintain compliance with surface water and groundwater requirements under ch. 281 and this chapter, other than the permitting requirement, and to take necessary actions to regain compliance with those requirements if a violation occurs in the course of the project.
(2) A person seeking a waiver under sub. (1) shall apply to the department in writing. The department shall approve or deny an application in writing no more than 45 days after receiving a complete application. The department may approve an application with conditions, including requirements for reporting project activities to the department and limitations on the duration of the project or the waiver for the project.
(3) A project for which the department grants a waiver under sub. (1) is an agricultural practice for the purposes of s. 823.08.
32,2952
Section
2952. 285.39 (4) of the statutes is amended to read:
285.39 (4) Report on new replenishment mechanisms. After expiration of the replenishment implementation period, if the department reports under sub. (2) (b) 1. or determines at any other time that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of commerce safety and professional services, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accuracy of this state's state implementation plan with respect to the effect of emissions from inside and outside the volatile organic compound accommodation area on the ambient air quality within the area.
32,2955
Section
2955. 285.79 (3) (intro.) of the statutes is amended to read:
285.79 (3) Assistance program. (intro.) The department shall, in cooperation with the small business ombudsman clearinghouse under s. 560.03 (9), develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all of the following:
32,2956
Section
2956. 287.01 (5) of the statutes is repealed.
32,2957b
Section 2957b. 287.01 (8) of the statutes is amended to read:
287.01 (8) "Region" means the area within the boundaries of a responsible unit or an out-of-state unit.
32,2960
Section
2960. 287.03 (1) (f) of the statutes is repealed.
32,2961
Section
2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and amended to read:
287.07 (3) General disposal restrictions Waste tires. Beginning on January 1, 1995, no person may dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire without energy recovery in a solid waste treatment facility in this state any of the following:.
