Amendment ASA1-AB100

AB100-ASA1, s. 2600 Section 2600. 281.98 of the statutes is amended to read:

AB100-ASA1,1519,4 281.98 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.

AB100-ASA1,1519,13 (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).

AB100-ASA1, s. 2601 Section 2601. 281.99 of the statutes is created to read:

AB100-ASA1,1519,18 281.99 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).

AB100-ASA1,1520,3 (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.

AB100-ASA1,1520,7 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).

AB100-ASA1,1520,14 (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).

AB100-ASA1,1520,16 (2) (a) The amount of forfeitures that the department may assess under this section are as follows:

AB100-ASA1,1520,19 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.

AB100-ASA1,1520,22 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.

AB100-ASA1,1520,24 (b) The department, in determining the amount of forfeiture that it assesses under this section, shall consider the following factors, as appropriate:

AB100-ASA1,1521,2 1. The gravity of the violation, including the probability of harm to persons served by the water system.

AB100-ASA1,1521,5 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.

AB100-ASA1,1521,7 3. Any previous violations committed by the water system owner or operator at the same water system.

AB100-ASA1,1521,9 4. The financial benefit to the water system owner or operator of continuing the violation.

AB100-ASA1,1521,10 5. Any other relevant factors.

AB100-ASA1,1521,12 (c) While an order issued under this section is contested, suspended, stayed or enjoined, any forfeiture under this section does not accrue.

AB100-ASA1,1521,16 (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.

AB100-ASA1,1521,23 (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.

AB100-ASA1,1522,2 (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.

AB100-ASA1,1522,3 (6) Section 893.80 does not apply to actions commenced under this section.

AB100-ASA1, s. 2602 Section 2602. 283.31 (7) of the statutes is amended to read:

AB100-ASA1,1522,11 283.31 (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.

AB100-ASA1, s. 2603 Section 2603. 283.33 (9) (c) of the statutes is amended to read:

AB100-ASA1,1522,14 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (2) (4) (bj).

AB100-ASA1, s. 2604 Section 2604. 283.84 of the statutes is created to read:

AB100-ASA1,1522,22 283.84 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:

AB100-ASA1,1523,2 (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.

AB100-ASA1,1523,6 (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.

AB100-ASA1,1523,10 (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.

AB100-ASA1,1523,13 (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:

AB100-ASA1,1523,15 (a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in water quality.

AB100-ASA1,1523,18 (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.

AB100-ASA1,1523,20 (c) The term of the agreement under sub. (1) (a), (b) or (c) is not more than 5 years.

AB100-ASA1,1523,22 (2) The department may select an area as a project area under this section only if all of the following apply:

AB100-ASA1,1523,25 (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).

AB100-ASA1,1524,2 (b) The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.

AB100-ASA1,1524,4 (c) Potential participants located in the area exhibit an interest in participating in a pilot project.

AB100-ASA1,1524,7 (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.

AB100-ASA1,1524,9 (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).

AB100-ASA1,1524,12 (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).

AB100-ASA1,1524,14 (4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.

AB100-ASA1,1524,16 (4m) The department may not begin to administer a pilot project under this section after June 30, 1999.

AB100-ASA1,1524,21 (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.

AB100-ASA1, s. 2605 Section 2605. 285.30 (5) (i) of the statutes is amended to read:

AB100-ASA1,1524,24 285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does not apply after June 30, 1996.

AB100-ASA1, s. 2606 Section 2606. 285.31 (5) of the statutes is repealed.

AB100-ASA1, s. 2607 Section 2607. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and amended to read:

AB100-ASA1,1525,4 285.59 (1) (title) Definition Definitions. (intro.) In this section, "ozone-depleting:

AB100-ASA1,1525,5 (a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

AB100-ASA1, s. 2608 Section 2608. 285.59 (1) (b) of the statutes is created to read:

AB100-ASA1,1525,13 285.59 (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.

AB100-ASA1, s. 2609 Section 2609. 285.59 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1525,20 285.59 (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:

AB100-ASA1, s. 3611m Section 3611m. 285.63 (10) (c) 4. of the statutes is amended to read:

AB100-ASA1,1525,24 285.63 (10) (c) 4. The quantity of waste having the potential to be burned in the medical waste incinerator that may be managed in an effective recycling program created registered under s. 287.11 287.115.

AB100-ASA1, s. 2610 Section 2610. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,1526,3 285.69 (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:

AB100-ASA1, s. 2611 Section 2611. 285.69 (3) of the statutes is amended to read:

AB100-ASA1,1526,11 285.69 (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.

AB100-ASA1, s. 3613g Section 3613g. 287.07 (7) (a) of the statutes is amended to read:

AB100-ASA1,1526,19 287.07 (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 registered under s. 287.11 287.115, 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 registered under s. 287.11 287.115.

AB100-ASA1, s. 2612 Section 2612. 287.09 (3) (b) of the statutes is amended to read:

AB100-ASA1,1527,5 287.09 (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.

AB100-ASA1, s. 3614g Section 3614g. 287.11 (4) of the statutes is created to read:

AB100-ASA1,1527,7 287.11 (4) Sunset. This section does not apply after December 31, 1999.

AB100-ASA1, s. 3614m Section 3614m. 287.115 of the statutes is created to read:

AB100-ASA1,1527,13 287.115 Registration of recycling programs. Any responsible unit that administers a recycling program that the responsible unit determines manages the solid waste generated within its region in compliance with s. 287.07 (1m) to (4) and the priorities under s. 287.05 (12) may register the recycling program with the department as an effective recycling program.

AB100-ASA1, s. 3614t Section 3614t. 287.23 (3) (b) of the statutes is amended to read:

AB100-ASA1,1527,19 287.23 (3) (b) Only expenses, including capital expenses, anticipated to be incurred for planning, constructing or operating a recycling program with one or more of the components specified in s. 287.11 (2) (a) to (h) and for complying with the prohibition under s. 287.07 (2) during the year for which an application is submitted under sub. (4) are eligible for assistance under the program.

AB100-ASA1, s. 2613 Section 2613. 287.23 (5) (c) 1. of the statutes is repealed.

AB100-ASA1, s. 2614 Section 2614. 287.23 (5) (c) 2. of the statutes is amended to read:

AB100-ASA1,1527,25 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

AB100-ASA1, s. 2615 Section 2615. 287.23 (5) (c) 3. of the statutes is repealed.

AB100-ASA1, s. 2616 Section 2616. 287.23 (5) (c) 4. of the statutes is repealed.

AB100-ASA1, s. 2617 Section 2617. 287.23 (5) (c) 5. of the statutes is amended to read:

AB100-ASA1,1528,5 287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.

AB100-ASA1, s. 2618 Section 2618. 287.23 (5e) of the statutes is amended to read:

AB100-ASA1,1528,12 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2., 3. or 4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the remaining funds.

AB100-ASA1, s. 3620m Section 3620m. 287.23 (5s) of the statutes is repealed.

AB100-ASA1, s. 3620r Section 3620r. 287.235 of the statutes is created to read:

AB100-ASA1,1529,2 287.235 Recycling grant program. The department shall develop, implement and administer a program to provide financial assistance to any responsible unit that, on or before October 1, 1999, has registered a recycling program as an effective recycling program under s. 287.115. The department shall pay to each responsible unit that is eligible for assistance under this section an amount that represents the same percentage of the total funds available for assistance under this section as the amount awarded to that responsible unit for 1999 under s. 287.23, 1995 stats. Assistance under this section may be awarded only for the year 2000. Assistance received under this section shall be expended only for expenses, including capital expenses, for planning, constructing or operating an effective recycling program registered under s. 287.115, except for expenses incurred in complying with the prohibition under s. 287.07 (2).

AB100-ASA1, s. 3620s Section 3620s. 287.41 (1) (a) of the statutes is amended to read:

AB100-ASA1,1529,7 287.41 (1) (a) Identification of priority recovered materials that will be the focus of market development efforts by the board. The board shall focus its efforts on the reuse of materials recovered from solid waste as well as on the recycling of those materials.

AB100-ASA1, s. 2619 Section 2619. 287.41 (3) of the statutes is amended to read:

AB100-ASA1,1529,13 287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

AB100-ASA1, s. 3621g Section 3621g. 287.42 (1) (intro.) and (a) of the statutes are consolidated, renumbered 287.42 (1) and amended to read:

AB100-ASA1,1529,20 287.42 (1) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by waste generators to do all of the following: (a) Maximize maximize the marketability of these recovered materials on a statewide basis.