AB133-ASA1,1231,2523 254.39 (2) This subchapter does not apply to on-site activities of any nuclear
24reactor plant licensed by the nuclear regulatory commission U.S. nuclear regulatory
25commission
.
AB133-ASA1, s. 2485
1Section 2485. 254.45 of the statutes is repealed and recreated to read:
AB133-ASA1,1232,6 2254.45 Penalties. (1) General. (a) Any person who violates this subchapter
3or a rule promulgated under this subchapter or a condition of a license or registration
4issued by the department under this subchapter may be required to forfeit not less
5than $100 nor more than $100,000. Each day of continued violation constitutes a
6separate offense.
AB133-ASA1,1232,87 (b) The amount of the forfeiture assessed under par. (a) shall be determined by
8considering all of the following:
AB133-ASA1,1232,99 1. The wilfulness of the violation.
AB133-ASA1,1232,1210 2. The person's previous violations, if any, of this subchapter, rules
11promulgated under this subchapter or conditions of a license or registration issued
12by the department under this subchapter.
AB133-ASA1,1232,1413 3. The potential danger or actual or potential injury to the environment or to
14public health caused by the violation.
AB133-ASA1,1232,1515 4. The actual or potential costs of the damage or injury caused by the violation.
AB133-ASA1,1232,21 16(2) Assessment of forfeitures; notice. The department may directly assess
17forfeitures provided for in sub. (1). If the department determines that a forfeiture
18should be assessed for a particular violation, the department shall send a notice of
19assessment to the person. The notice shall specify the amount of the forfeiture
20assessed and the violation and the statute or rule alleged to have been violated and
21shall inform the person of the right to hearing under sub. (3).
AB133-ASA1,1233,6 22(3) Hearing. A person upon whom a forfeiture is imposed may contest the
23action by sending, within 10 days after receipt of notice of a contested action, a
24written request for hearing under s. 227.44 to the division of hearings and appeals
25created under s. 15.103 (1). The administrator of the division may designate a

1hearing examiner to preside over the case and recommend a decision to the
2administrator under s. 227.46. The decision of the administrator of the division shall
3be the final administrative decision. The division shall commence the hearing within
430 days of receipt of the request for hearing and shall issue a final decision within
515 days after the close of the hearing. Proceedings before the division are governed
6by ch. 227.
AB133-ASA1,1233,13 7(4) Forfeiture payment and disposition. (a) A person against whom the
8department has assessed a forfeiture shall pay the forfeiture to the department
9within 10 days after receipt of the notice under sub. (2) or, if the person contests the
10assessment, within 10 days after receipt of the final decision after exhaustion of
11administrative review. If the person petitions for judicial review under ch. 227, the
12person shall pay the forfeiture within 10 days after receipt of the final judicial
13decision.
AB133-ASA1,1233,1514 (b) The department shall remit all forfeitures paid to the state treasurer for
15deposit in the school fund.
AB133-ASA1,1233,19 16(5) Enforcement. The attorney general may bring an action in the name of the
17state to collect any forfeiture imposed under this section if the forfeiture has not been
18paid as required under sub. (4). The only issue to be contested in an action under this
19subsection is whether the forfeiture has been paid.
AB133-ASA1, s. 2486g 20Section 2486g. 255.15 of the statutes is created to read:
AB133-ASA1,1233,22 21255.15 Statewide tobacco control program. (1) Definitions. In this
22section, "council" means the tobacco control council.
AB133-ASA1,1234,9 23(2) Program development. (a) The council shall develop program and budget
24recommendations annually for a statewide tobacco control program and shall submit
25its recommendations not later than February 1, 2000, and annually thereafter, to the

1secretary of health and family services. In developing the recommendations, the
2council shall consider successful tobacco control programs in other states and shall
3base its recommendations on recommendations of the U.S. Centers for Disease
4Control and Prevention regarding the allocation of funding for comprehensive
5tobacco control programs. The department shall review the council's
6recommendations and shall develop, and prepare an annual detailed plan for, a
7statewide tobacco control program based on the recommendations. The annual plan
8shall specify how the funds under sub. (3) (b) will be distributed and the projected
9cost of administering the statewide tobacco control program.
AB133-ASA1,1234,1910 (b) Not later than March 1, 2000, and annually thereafter, the department shall
11submit the plan under par. (a) to the joint committee on finance. If, within 14 days
12after the submission of the plan, the cochairpersons of the committee do not notify
13the secretary that a meeting has been scheduled for the purpose of reviewing the
14plan, the department may expend the funds under sub. (3) (b) and (d) in the manner
15proposed in the plan. If, within 14 days after the submission of the plan, the
16cochairpersons notify the secretary that the committee has scheduled a meeting for
17the purpose of reviewing the plan, the department may expend the funds under sub.
18(3) (b) and (d) in the manner proposed in the plan only to the extent approved by the
19committee.
AB133-ASA1,1234,21 20(3) Use of funds. (a) From the appropriation under s. 20.435 (5) (tc), the
21department shall distribute the following amounts to or for all of the following:
AB133-ASA1,1234,2422 1. The board of regents of the University of Wisconsin System for the tobacco
23research and intervention center at the University of Wisconsin-Madison,
24$1,000,000 in each fiscal year.
AB133-ASA1,1235,3
12. The Thomas T. Melvin youth tobacco prevention and education program
2under s. 255.10, $1,000,000 in fiscal year 1999-2000 and not less than $1,000,000 in
3fiscal year 2000-01 and in each fiscal year thereafter.
AB133-ASA1,1235,64 3. A youth smokeless tobacco cessation and prevention campaign developed by
5the division within the department that has primary responsibility for
6administering public health programs, $92,000 in fiscal year 1999-2000.
AB133-ASA1,1235,107 4. The Medical College of Wisconsin for tobacco use prevention and cessation
8activities, $500,000 in fiscal year 2000-01 and in each fiscal year thereafter. Funds
9distributed under this subdivision may only be used for activities directly related to
10preventing individuals from smoking and assisting smokers to quit smoking.
AB133-ASA1,1235,1511 5. Grants to any applying school in which grade 6, 7 or 8 is taught that
12purchases in calendar year 1998 or after the module of the Body Awareness Resource
13Network software produced by Pyramid Media that concerns smoking and tobacco
14use, $150,000 in fiscal year 2000-01. The amount of the grant to each school may
15not exceed the actual cost to the school of the software.
AB133-ASA1,1235,1916 (b) After consulting with the council regarding the selection of specific
17programs or activities to be funded under this paragraph and subject to sub. (2) (b),
18from the appropriation under s. 20.435 (5) (tc), the department may distribute grants
19for any of the following:
AB133-ASA1,1235,2020 1. Community-based programs to reduce tobacco use.
AB133-ASA1,1235,2221 2. Community-based programs to reduce the burden of tobacco-related
22diseases.
AB133-ASA1,1235,2323 3. School-based programs relating to tobacco use cessation and prevention.
AB133-ASA1,1235,2524 4. Enforcement of local laws aimed at reducing exposure to secondhand smoke
25and restricting underage access to tobacco.
AB133-ASA1,1236,2
15. Grants for partnerships among statewide organizations and businesses that
2support activities related to tobacco use cessation and prevention.
AB133-ASA1,1236,33 6. Marketing activities that promote tobacco use cessation and prevention.
AB133-ASA1,1236,54 7. Projects designed to reduce tobacco use among minorities and pregnant
5women.
AB133-ASA1,1236,66 8. Other tobacco use cessation programs.
AB133-ASA1,1236,87 9. Surveillance of indicators of tobacco use and evaluation of the activities
8funded under this section.
AB133-ASA1,1236,109 (c) No recipient of moneys distributed under par. (b) may expend more than
1010% of those moneys for administrative costs.
AB133-ASA1,1236,1411 (d) From the appropriation under s. 20.435 (1) (tc), subject to sub. (2) (b),
12beginning in fiscal year 2000-01, the department may expend for administration of
13the program under this section not more than 5% of the total amount deposited in
14that fiscal year into the tobacco control fund under s. 25.66.
AB133-ASA1,1236,21 15(4) Reports. Not later than September 1, 2002, and annually thereafter, the
16department shall submit to the governor and to the chief clerk of each house of the
17legislature for distribution under s. 13.172 (2) a report that evaluates the success of
18the program under this section. The report shall specify the number of programs
19supported under sub. (3) (b) during the immediately preceding fiscal year and the
20purpose of each program. The report shall also specify any donations, grants or
21bequests to the department for the tobacco control program under this section.
AB133-ASA1, s. 2487 22Section 2487. 281.01 (15) of the statutes is amended to read:
AB133-ASA1,1237,723 281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste
24treatment plant, water supply treatment plant or air pollution control facility and
25other discarded or salvageable materials, including solid, liquid, semisolid, or

1contained gaseous materials resulting from industrial, commercial, mining and
2agricultural operations, and from community activities, but does not include solids
3or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
4return flows or industrial discharges which are point sources subject to permits
5under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
6material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
7(3) (1).
AB133-ASA1, s. 2487p 8Section 2487p. 281.16 (3) (e) of the statutes is amended to read:
AB133-ASA1,1237,259 281.16 (3) (e) An owner or operator of an agricultural facility or practice that
10is in existence before October 14, 1997, may not be required by this state or a
11municipality to comply with the performance standards, prohibitions, conservation
12practices or technical standards under this subsection unless cost-sharing is
13available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner
14or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1),
1592.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate
16rules that specify criteria for determining whether cost-sharing is available under
17sub. (5) or s. 281.65 and the department of agriculture, trade and consumer
18protection shall promulgate rules that specify criteria for determining whether
19cost-sharing is available under s. 92.14 or from any other source. The rules may not
20allow a determination that cost-sharing is available to meet local regulations under
21s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the
22performance standards, prohibitions, conservation practices or technical standards
23under this subsection unless the cost-sharing is at least 70% of the cost of compliance
24or is from 70% to 90% of the cost of compliance in cases of economic hardship, as
25defined in the rules.
AB133-ASA1, s. 2487r
1Section 2487r. 281.16 (4) of the statutes is amended to read:
AB133-ASA1,1238,92 281.16 (4) Application to animal feeding operations. If the department issues
3a notice of discharge under ch. 283 for an animal feeding operation, the performance
4standards, prohibitions, conservation practices and technical standards under sub.
5(3) apply to the animal feeding operation, except that if the animal feeding operation
6is in existence before October 14, 1997, the performance standards, prohibitions,
7conservation practices and technical standards only apply if the department
8determines that cost-sharing is available to the owner or operator of the animal
9feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.
AB133-ASA1, s. 2487t 10Section 2487t. 281.16 (5) of the statutes is repealed.
AB133-ASA1, s. 2490x 11Section 2490x. 281.57 (10r) of the statutes is created to read:
AB133-ASA1,1239,212 281.57 (10r) Loan for replacement of a failed sequential batch reactor.
13Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the
14department shall provide a loan of $770,000 to a municipality for all of the
15administrative, planning, design and construction costs incurred after January 1,
161997, for the replacement of a failed sequential batch reactor point source pollution
17abatement facility for which the department has issued written concurrence on or
18before March 26, 1999, that the construction of a new wastewater treatment plant
19is the most cost-effective option, and for which the municipality has on or before
20March 26, 1999, committed to work with the department towards securing
21reimbursement of the loan from the federal environmental protection agency under
2240 CFR 35.2032. The department may not charge any interest on the loan and may
23not require the municipality to repay the loan until the municipality receives a grant
24from the federal environmental protection agency for the replacement of the point
25source pollution abatement facility. If the federal environmental protection agency

1denies the grant or a portion of the grant, the department shall forgive the amount
2of the loan that exceeds the amount of the grant.
AB133-ASA1, s. 2491 3Section 2491. 281.58 (1) (ae) of the statutes is repealed.
AB133-ASA1, s. 2492 4Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.
AB133-ASA1, s. 2493 5Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:
AB133-ASA1,1239,96 281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if
7the obligation was incurred to finance the cost of constructing a water pollution
8control project located in this state and the obligation was initially incurred on or
9after May 17, 1988
.
AB133-ASA1, s. 2494 10Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.
AB133-ASA1, s. 2495 11Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.
AB133-ASA1, s. 2495p 12Section 2495p. 281.58 (7) (b) 5. of the statutes is repealed.
AB133-ASA1, s. 2496 13Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.
AB133-ASA1, s. 2496m 14Section 2496m. 281.58 (8) (a) 1. of the statutes is amended to read:
AB133-ASA1,1239,2115 281.58 (8) (a) 1. A person or municipality that has failed to substantially
16comply, as specified by the rules promulgated under sub. (2), with the terms of a
17federal or state grant or loan used to pay the costs of studies, investigations, plans,
18designs or construction associated with wastewater collection, transportation,
19treatment or disposal or used to pay the cost of studies, investigations, plans, designs
20or construction associated with implementing a nonpoint source control
21management program
.
AB133-ASA1, s. 2497 22Section 2497. 281.58 (8) (h) of the statutes is amended to read:
AB133-ASA1,1240,523 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator
24of an effluent limitation at the time that the application for a treatment work project
25is approved under sub. (9m) may not receive financial assistance of a method

1specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project
2that is needed to correct the violation. This paragraph does not apply to a
3municipality that after May 17, 1988, is in compliance with a court or department
4order to correct a violation of the enforceable requirements of its ch. 283 permit, and
5that is applying for financial assistance under s. 281.59 (13) to correct that violation.
AB133-ASA1, s. 2498 6Section 2498. 281.58 (8) (j) of the statutes is created to read:
AB133-ASA1,1240,107 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the
8amount of subsidy necessary to reduce the interest rate on the loan from market rate
9to the interest rate that would have been charged on a loan to the municipality under
10sub. (6) (b) 4.
AB133-ASA1, s. 2499 11Section 2499. 281.58 (8) (L) of the statutes is repealed.
AB133-ASA1, s. 2500 12Section 2500. 281.58 (8e) (a) of the statutes is amended to read:
AB133-ASA1,1240,1413 281.58 (8e) (a) The type of project and the order in which it is listed under sub.
14(7) (b) 1. to 7. 6.
AB133-ASA1, s. 2501 15Section 2501. 281.58 (8s) of the statutes is amended to read:
AB133-ASA1,1240,1816 281.58 (8s) Facility plan. A municipality seeking financial assistance for a
17project under this section, except for a municipality seeking a capital cost loan, shall
18complete a facility plan as required by the department by rule.
AB133-ASA1, s. 2502 19Section 2502. 281.58 (9) (b) of the statutes is amended to read:
AB133-ASA1,1240,2320 281.58 (9) (b) A municipality seeking financial assistance, except for a
21municipality seeking a capital cost loan,
for a project under the clean water fund
22program shall complete an environmental analysis sequence as required by the
23department by rule.
AB133-ASA1, s. 2502v 24Section 2502v. 281.58 (12) (a) 2. of the statutes is repealed.
AB133-ASA1, s. 2503 25Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:
AB133-ASA1,1241,3
1281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and
27.
and for those portions of projects under subd. 1. that are restricted by sub. (8) (b),
3(c), (f) or (h) is market interest rate.
AB133-ASA1, s. 2504 4Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.
AB133-ASA1, s. 2504e 5Section 2504e. 281.58 (12) (f) of the statutes is amended to read:
AB133-ASA1,1241,86 281.58 (12) (f) The department and the department of administration jointly
7may request the joint committee on finance to take action under s. 13.101 (11) to
8modify the percentage of market interest rates established in par. (a) 1. to or 3.
AB133-ASA1, s. 2504p 9Section 2504p. 281.59 (1) (d) (intro.) of the statutes is amended to read:
AB133-ASA1,1241,1310 281.59 (1) (d) (intro.) "Subsidy" means the amounts provided from the
11environmental improvement fund to clean water fund program, safe drinking water
12loan program, urban storm water loan program and land recycling loan program
13projects for the following purposes:
AB133-ASA1, s. 2504q 14Section 2504q. 281.59 (1) (d) 1. of the statutes is amended to read:
AB133-ASA1,1241,1715 281.59 (1) (d) 1. To reduce the interest rate of clean water fund program, safe
16drinking water loan program, urban storm water loan program and land recycling
17loan program loans from market rate to a subsidized rate.
AB133-ASA1, s. 2504r 18Section 2504r. 281.59 (1) (em) of the statutes is created to read:
AB133-ASA1,1241,2119 281.59 (1) (em) "Urban storm water loan program" means the program
20administered under s. 281.595, with financial management provided under this
21section.
AB133-ASA1, s. 2505 22Section 2505. 281.59 (1m) (c) of the statutes is created to read:
AB133-ASA1,1241,2423 281.59 (1m) (c) There is established a private sewage system replacement and
24rehabilitation loan program, administered under s. 145.245 (12m).
AB133-ASA1, s. 2506f 25Section 2506f. 281.59 (1m) (d) of the statutes is created to read:
AB133-ASA1,1242,3
1281.59 (1m) (d) There is established an urban storm water loan program,
2administered under s. 281.595, with financial management provided under this
3section.
AB133-ASA1, s. 2506g 4Section 2506g. 281.59 (2) (a) of the statutes is amended to read:
AB133-ASA1,1242,65 281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58,
6281.595, 281.60 and 281.61.
AB133-ASA1, s. 2506h 7Section 2506h. 281.59 (2) (b) of the statutes is amended to read:
AB133-ASA1,1242,108 281.59 (2) (b) Cooperate with the department in administering the clean water
9fund program, the safe drinking water loan program, the urban storm water loan
10program
and the land recycling loan program.
AB133-ASA1, s. 2506i 11Section 2506i. 281.59 (3) (a) 1. of the statutes is amended to read:
AB133-ASA1,1242,1412 281.59 (3) (a) 1. An estimate of the wastewater treatment, safe drinking water,
13urban storm water
and land recycling project needs of the state for the 4 fiscal years
14of the next 2 biennia.
AB133-ASA1, s. 2506j 15Section 2506j. 281.59 (3) (a) 4. of the statutes is amended to read:
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