Amendment ASA1-AB434

LRBs0213/1

MES:kmg:km

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 434

September 14, 1995 - Offered by Committee on Environment and Utilities.

AB434-ASA1,1,3 An Act to renumber and amend 66.896 (1); and to create 66.896 (1) (b) and (c) and 144.025 (8) of the statutes; relating to: service connections to the Milwaukee Metropolitan Sewerage District.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB434-ASA1, s. 1 Section 1. 66.896 (1) of the statutes is renumbered 66.896 (1) (a) and amended to read:

AB434-ASA1,2,3 66.896 (1) (a) The Subject to par. (b), the commission may approve or disapprove any connection with or use of the sewerage system by any town, city or village or by any private person or corporation. The commission shall examine proposed connections or uses and, shall hear all the parties in interest and shall approve or disapprove a request for connection with or use of the sewerage system within 60 days after receiving the request. Failure of the commission to approve or disapprove a request within 60 days after its receipt constitutes approval of the request. If the commission finds that any sewer connected or to be connected to the sewerage system is defective in construction, design, supervision or operation, the commission may not permit any connection to be made or continued until the alterations, new construction and changes in supervision or operation required by the commission have been made.

AB434-ASA1, s. 2 Section 2. 66.896 (1) (b) and (c) of the statutes are created to read:

AB434-ASA1,2,6 66.896 (1) (b) The commission shall approve a request for connection with or use of the sewerage system if all of the following apply:

AB434-ASA1,2,10 1. The facilities that will connect with or use the sewerage system are located in the area within which the district may extend sewers, as identified in the most recent areawide waste treatment management plan for southeastern Wisconsin under 33 USC 1288.

AB434-ASA1,2,12 2. The proposed connection or use meets all technical design and construction standards of the district and the department of natural resources.

AB434-ASA1,2,14 3. Sufficient transmission and treatment capacity exists within the sewerage system to accommodate the proposed connection or use.

AB434-ASA1,2,18 (c) The commission shall allow connection with and use of the sewerage system by any person whose request the commission has disapproved under par. (a) if the department of natural resources determines under s. 144.025 (8) that the commission's disapproval under par. (a) was unreasonable.

AB434-ASA1, s. 3 Section 3. 144.025 (8) of the statutes is created to read:

AB434-ASA1,3,2 144.025 (8) Connections to the Milwaukee Metropolitan Sewerage District. If the Milwaukee Metropolitan Sewerage District disapproves the request of any town, city, village, private person or corporation to connect with and use the district's sewerage system under s. 66.896 (1) (a), the requester may file a written request with the department to review the district's disapproval. The department shall review the district's disapproval and if the department determines that the district acted unreasonably, the department shall order the district to allow the requester to connect with and use its sewerage system under s. 66.896 (1) (c).

AB434-ASA1,3,3 (End)