Amendment ASA1-AB100

AB100-ASA1,1459,7 (e) "Nonpoint source" means a facility or practice that causes, or has the potential to cause, nonpoint source water pollution.

AB100-ASA1,1459,9 (f) "Nonpoint source water pollution" means pollution of waters of the state that does not result from a point source, as defined in s. 283.01 (12).

AB100-ASA1,1459,10 (g) "Water quality management area" means any of the following:

AB100-ASA1,1459,14 1. The area within 1,000 feet from the ordinary high-water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, "water quality management area" means the area within 1,000 feet from the high-water mark of the lake.

AB100-ASA1,1459,16 2. The area within 300 feet from the ordinary high-water mark of navigable waters that consist of a river or stream.

AB100-ASA1,1459,18 3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.

AB100-ASA1,1459,20 (h) Notwithstanding s. 281.01 (18), " waters of the state" has the meaning given in s. 283.01 (20).

AB100-ASA1,1459,25 (2) Nonpoint sources that are not agricultural. (a) The department shall, by rule, prescribe performance standards and prohibitions for facilities and practices that are nonpoint sources and that are not agricultural facilities or agricultural practices. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution.

AB100-ASA1,1460,3 (b) The department shall, by rule, specify a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB100-ASA1,1460,8 (c) Using the process specified under par. (b), the department shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department shall develop and disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

AB100-ASA1,1460,15 (3) Nonpoint sources that are agricultural. (a) The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

AB100-ASA1,1460,17 1. That a livestock operation may have no overflow of manure storage structures.

AB100-ASA1,1460,19 2. That a livestock operation may have no unconfined manure pile in a water quality management area.

AB100-ASA1,1460,21 3. That a livestock operation may have no direct runoff from a feedlot or stored manure into the waters of the state.

AB100-ASA1,1460,24 4. That a livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.

AB100-ASA1,1461,6 (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB100-ASA1,1461,12 (c) Using the process specified under par. (b), the department of agriculture, trade and consumer protection shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department of agriculture, trade and consumer protection shall disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

AB100-ASA1,1461,15 (d) The conservation practices and technical standards under pars. (b) and (c) shall at a minimum cover animal waste management, nutrients applied to the soil and cropland sediment delivery.

AB100-ASA1,1462,2 (e) An owner or operator of an agricultural facility or practice that is in existence before the effective date of this paragraph .... [revisor inserts date], may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source.

AB100-ASA1,1462,11 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before the effective date of this subsection .... [revisor inserts date], the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

AB100-ASA1,1462,17 (5) Cost-sharing for compliance. From the appropriation under s. 20.866 (2) (te), the department shall provide cost-sharing grants to persons to whom cost-sharing is not available from other sources for projects to assist agricultural facilities to comply with the performance standards, prohibitions, conservation practices and technical standards under sub. (3). The department shall promulgate rules for the administration of the program under this subsection.

AB100-ASA1, s. 2492 Section 2492. 281.17 (3) of the statutes is amended to read:

AB100-ASA1,1463,13 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (2) (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

AB100-ASA1, s. 2493 Section 2493. 281.17 (8) of the statutes is amended to read:

AB100-ASA1,1463,17 281.17 (8) The department may establish, administer and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act of 1974, P.L. 93-523, 88 Stat. 1660, 42 USC 300f to 300j-26.

AB100-ASA1, s. 2494 Section 2494. 281.17 (9) of the statutes is created to read:

AB100-ASA1,1463,22 281.17 (9) The department may require owners of water systems to demonstrate the technical, managerial and financial capacity to comply with national primary drinking water regulations under 42 USC 300g-1 and may assist owners of water systems to develop that capacity.

AB100-ASA1, s. 2495 Section 2495. 281.19 (2) (a) of the statutes is amended to read:

AB100-ASA1,1464,10 281.19 (2) (a) The department may issue special orders directing particular owners to remedy violations of the safe drinking water program under s. 281.17 (8) and (9) or to secure such operating results toward the control of pollution of the waters of the state as the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as it prescribes. If any owner cannot comply with an order within the time specified, the owner may, before the date set in the order, petition the department to modify the order. The department may modify the order, specifying in writing the reasons therefor. If any order is not complied with within the time period specified, the department shall immediately notify the attorney general of this fact. Within 30 days thereafter, the attorney general shall forthwith commence an action under s. 299.95.

AB100-ASA1, s. 2496 Section 2496. 281.22 (2m) of the statutes is created to read:

AB100-ASA1,1464,14 281.22 (2m) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a determination under sub. (1) that is in addition to the fee charged under sub. (1) if all of the following apply:

AB100-ASA1,1464,17 1. The applicant requests in writing that the determination be issued within a time period that is shorter than the time limit promulgated under par. (b) for the determination.

AB100-ASA1,1464,18 2. The department verifies that it will be able to comply with the request.

AB100-ASA1,1464,20 (b) If the department promulgates a rule under par. (a), the rule shall contain for a time limit for making determinations under sub. (1).

AB100-ASA1, s. 2497 Section 2497. 281.48 (4s) (d) of the statutes is amended to read:

AB100-ASA1,1465,2 281.48 (4s) (d) In addition to the license fee under par. (a) 1. or 2., the department shall collect from each licensee a groundwater fee of $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. The moneys collected under this paragraph shall be credited to the environmental fund for groundwater environmental management.

AB100-ASA1, s. 3495m Section 3495m. 281.57 (10m) of the statutes is created to read:

AB100-ASA1,1465,16 281.57 (10m) Loan for modification or replacement of an innovative or alternative project. Notwithstanding subs. (2), (4) to (10) and (12), during the 1997-99 fiscal biennium, the department shall provide a loan of $1,300,000 to a municipality for the modification or replacement of a failed innovative or alternative point source pollution abatement facility for which the department issued written approval of eligibility under 40 CFR 35.2032 before December 10, 1996, and which requires additional construction to eliminate discharge of effluent to groundwater and to establish a new surface water outfall. The department may not charge any interest on the loan and may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the modification or replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant, the department shall forgive the loan.

AB100-ASA1, s. 2498 Section 2498. 281.58 (1) (ai) of the statutes is created to read:

AB100-ASA1,1465,19 281.58 (1) (ai) "Clean water fund program" means the program administered under this section with financial management provided under s. 281.59.

AB100-ASA1, s. 2499 Section 2499. 281.58 (1) (cg) of the statutes is amended to read:

AB100-ASA1,1465,23 281.58 (1) (cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 3497e Section 3497e. 281.58 (1) (cm) of the statutes is repealed.

AB100-ASA1, s. 2500 Section 2500. 281.58 (2m) (a) of the statutes is amended to read:

AB100-ASA1,1466,2 281.58 (2m) (a) Administer its responsibilities under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2501 Section 2501. 281.58 (3m) (a) of the statutes is amended to read:

AB100-ASA1,1466,6 281.58 (3m) (a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under this section and s. 281.59 the clean water fund program during the next biennium.

AB100-ASA1, s. 2502 Section 2502. 281.58 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1466,10 281.58 (6) (a) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following:

AB100-ASA1, s. 2503 Section 2503. 281.58 (6) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1466,13 281.58 (6) (b) (intro.) The following methods of providing financial assistance may be used under this section and s. 281.59 the clean water fund program:

AB100-ASA1, s. 2504 Section 2504. 281.58 (6) (b) 8. of the statutes is amended to read:

AB100-ASA1,1466,19 281.58 (6) (b) 8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2505 Section 2505. 281.58 (7) (a) of the statutes is amended to read:

AB100-ASA1,1467,4 281.58 (7) (a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under this section and s. 281.59 the clean water fund program. The primary criteria for eligibility shall be water quality and public health. The rules for clean water fund projects funded from the account under s. 25.43 (2) (a) shall be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder. The rules for clean water fund projects funded from the account under s. 25.43 (2) (b) may be consistent with 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

AB100-ASA1, s. 2506 Section 2506. 281.58 (7) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1467,8 281.58 (7) (b) (intro.) The department may determine whether a municipality is eligible for financial assistance under this section and s. 281.59 the clean water fund program for any of the following types of projects:

AB100-ASA1, s. 2507 Section 2507. 281.58 (8) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1467,11 281.58 (8) (a) (intro.) The following are not eligible for financial assistance from the clean water fund under this section and s. 281.59 program:

AB100-ASA1, s. 2508 Section 2508. 281.58 (8) (d) of the statutes is amended to read:

AB100-ASA1,1467,18 281.58 (8) (d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under this section and s. 281.59 the clean water fund program until it executes an agreement under s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.

AB100-ASA1, s. 2509 Section 2509. 281.58 (8) (g) of the statutes is amended to read:

AB100-ASA1,1467,22 281.58 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 281.59 the clean water fund program for a project may not result in the municipality paying less than 30% of the cost of the project.

AB100-ASA1, s. 2510 Section 2510. 281.58 (8) (i) of the statutes is amended to read:

AB100-ASA1,1468,3 281.58 (8) (i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under s. 281.59 (3) (d) (3e) (b) for that biennium.

AB100-ASA1, s. 2511 Section 2511. 281.58 (8) (L) (intro.) of the statutes is amended to read:

AB100-ASA1,1468,9 281.58 (8) (L) (intro.) The total amount of capital cost loans made under this section and s. 281.59 the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under this section and s. 281.59 the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:

AB100-ASA1, s. 3509m Section 3509m. 281.58 (8e) (cm) of the statutes is created to read:

AB100-ASA1,1468,12 281.58 (8e) (cm) A factor that gives higher priority than would otherwise be given to a project to serve more than one municipality if all of the following apply:

AB100-ASA1,1468,14 1. Each municipality to be served by the project has a population of 2,500 or less.

AB100-ASA1,1468,16 2. At least one of the municipalities to be served by the project has a wastewater treatment system that is unusable because of failures of the system.

AB100-ASA1,1468,18 3. The municipalities to be served by the project are submitting an application for a new joint treatment work.

AB100-ASA1,1468,20 4. At least one of the municipalities to be served by the treatment work has been ordered to upgrade a current system.

AB100-ASA1, s. 2512 Section 2512. 281.58 (8m) (a) of the statutes is amended to read:

AB100-ASA1,1469,2 281.58 (8m) (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 281.59 in a year no later than December 31 of the preceding year. A municipality shall submit the notice at least 6 months before the beginning of the fiscal year in which it will request to receive financial assistance. The notice shall be in a form prescribed by the department and the department of administration.

AB100-ASA1, s. 2513 Section 2513. 281.58 (8m) (b) of the statutes is repealed.

AB100-ASA1, s. 2514 Section 2514. 281.58 (8m) (c) of the statutes is amended to read:

AB100-ASA1,1469,6 281.58 (8m) (c) The department may waive par. (a) or (b) upon the written request of a municipality.

AB100-ASA1, s. 2515 Section 2515. 281.58 (9) (a) of the statutes is amended to read:

AB100-ASA1,1469,16 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program under this section and s. 281.59. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

AB100-ASA1, s. 2516 Section 2516. 281.58 (9) (am) of the statutes is amended to read:

AB100-ASA1,1469,21 281.58 (9) (am) A municipality may not submit more than one application under par. (a) for any single project in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.

AB100-ASA1, s. 2517 Section 2517. 281.58 (9) (b) of the statutes is amended to read:

AB100-ASA1,1470,2 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 281.59 the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB100-ASA1, s. 2518 Section 2518. 281.58 (9) (c) of the statutes is amended to read:

AB100-ASA1,1470,7 281.58 (9) (c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under this section and s. 281.59 the clean water fund program.

AB100-ASA1, s. 2519 Section 2519. 281.58 (9) (e) of the statutes is amended to read:

AB100-ASA1,1470,18 281.58 (9) (e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3) (d) (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB100-ASA1, s. 2520 Section 2520. 281.58 (9) (f) of the statutes is amended to read: