Amendment SSA1-AB133

AB133-SSA1,1230,2 (b) Order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.

AB133-SSA1, s. 2478 Section 2478. 254.37 (2) of the statutes is amended to read:

AB133-SSA1,1230,12 254.37 (2) Orders. The department or the department of commerce shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of commerce finds that a condition exists which that constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of commerce may summarily cause the abatement of the violation.

AB133-SSA1, s. 2479 Section 2479. 254.37 (3) of the statutes is amended to read:

AB133-SSA1,1230,21 254.37 (3) Rules. The department shall promulgate and enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation.

AB133-SSA1, s. 2480 Section 2480. 254.37 (4) of the statutes is amended to read:

AB133-SSA1,1230,25 254.37 (4) Enforcement Jurisdiction. All orders issued under this subchapter shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce the orders by injunctional and other appropriate relief.

AB133-SSA1, s. 2481 Section 2481. 254.38 (title) of the statutes is created to read:

AB133-SSA1,1231,2 254.38 (title) Emergency authority.

AB133-SSA1, s. 2482 Section 2482. 254.38 of the statutes is renumbered 254.38 (1) and amended to read:

AB133-SSA1,1231,9 254.38 (1) Impounding materials. The department or department of commerce may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of commerce.

AB133-SSA1, s. 2483 Section 2483. 254.38 (2) of the statutes is created to read:

AB133-SSA1,1231,21 254.38 (2) Emergency orders. If the department finds that an emergency exists concerning a matter subject to regulation under this subchapter that requires immediate action to protect the public health or safety, the department may issue an emergency order without notice or hearing that recites the existence of the emergency and requires such action as is necessary to mitigate the emergency. Any person to whom the order is issued shall immediately comply with the order. A person to whom an emergency order is issued shall be afforded a hearing within 30 days after receipt by the department of a written request for the hearing. An emergency order is effective upon issuance and remains in effect for up to 90 days after issuance, except that the order may be revoked or modified based on the results of the hearing.

AB133-SSA1, s. 2484 Section 2484. 254.39 (2) of the statutes is amended to read:

AB133-SSA1,1231,25 254.39 (2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission U.S. nuclear regulatory commission.

AB133-SSA1, s. 2485 Section 2485. 254.45 of the statutes is repealed and recreated to read:

AB133-SSA1,1232,6 254.45 Penalties. (1) General. (a) Any person who violates this subchapter or a rule promulgated under this subchapter or a condition of a license or registration issued by the department under this subchapter may be required to forfeit not less than $100 nor more than $100,000. Each day of continued violation constitutes a separate offense.

AB133-SSA1,1232,8 (b) The amount of the forfeiture assessed under par. (a) shall be determined by considering all of the following:

AB133-SSA1,1232,9 1. The wilfulness of the violation.

AB133-SSA1,1232,12 2. The person's previous violations, if any, of this subchapter, rules promulgated under this subchapter or conditions of a license or registration issued by the department under this subchapter.

AB133-SSA1,1232,14 3. The potential danger or actual or potential injury to the environment or to public health caused by the violation.

AB133-SSA1,1232,15 4. The actual or potential costs of the damage or injury caused by the violation.

AB133-SSA1,1232,21 (2) Assessment of forfeitures; notice. The department may directly assess forfeitures provided for in sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the person. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated and shall inform the person of the right to hearing under sub. (3).

AB133-SSA1,1233,6 (3) Hearing. A person upon whom a forfeiture is imposed may contest the action by sending, within 10 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

AB133-SSA1,1233,13 (4) Forfeiture payment and disposition. (a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days after receipt of the notice under sub. (2) or, if the person contests the assessment, within 10 days after receipt of the final decision after exhaustion of administrative review. If the person petitions for judicial review under ch. 227, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.

AB133-SSA1,1233,15 (b) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,1233,19 (5) Enforcement. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid as required under sub. (4). The only issue to be contested in an action under this subsection is whether the forfeiture has been paid.

AB133-SSA1, s. 2486g Section 2486g. 255.15 of the statutes is created to read:

AB133-SSA1,1233,22 255.15 Statewide tobacco control program. (1) Definitions. In this section, "council" means the tobacco control council.

AB133-SSA1,1234,9 (2) Program development. (a) The council shall develop program and budget recommendations annually for a statewide tobacco control program and shall submit its recommendations not later than February 1, 2000, and annually thereafter, to the secretary of health and family services. In developing the recommendations, the council shall consider successful tobacco control programs in other states and shall base its recommendations on recommendations of the U.S. Centers for Disease Control and Prevention regarding the allocation of funding for comprehensive tobacco control programs. The department shall review the council's recommendations and shall develop, and prepare an annual detailed plan for, a statewide tobacco control program based on the recommendations. The annual plan shall specify how the funds under sub. (3) (b) will be distributed and the projected cost of administering the statewide tobacco control program.

AB133-SSA1,1234,19 (b) Not later than March 1, 2000, and annually thereafter, the department shall submit the plan under par. (a) to the joint committee on finance. If, within 14 days after the submission of the plan, the cochairpersons of the committee do not notify the secretary that a meeting has been scheduled for the purpose of reviewing the plan, the department may expend the funds under sub. (3) (b) and (d) in the manner proposed in the plan. If, within 14 days after the submission of the plan, the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may expend the funds under sub. (3) (b) and (d) in the manner proposed in the plan only to the extent approved by the committee.

AB133-SSA1,1234,21 (3) Use of funds. (a) From the appropriation under s. 20.435 (5) (tc), the department shall distribute the following amounts to or for all of the following:

AB133-SSA1,1234,24 1. The board of regents of the University of Wisconsin System for the tobacco research and intervention center at the University of Wisconsin-Madison, $1,000,000 in each fiscal year.

AB133-SSA1,1235,3 2. The Thomas T. Melvin youth tobacco prevention and education program under s. 255.10, $1,000,000 in fiscal year 1999-2000 and not less than $1,000,000 in fiscal year 2000-01 and in each fiscal year thereafter.

AB133-SSA1,1235,6 3. A youth smokeless tobacco cessation and prevention campaign developed by the division within the department that has primary responsibility for administering public health programs, $92,000 in fiscal year 1999-2000.

AB133-SSA1,1235,10 4. The Medical College of Wisconsin for tobacco use prevention and cessation activities, $500,000 in fiscal year 2000-01 and in each fiscal year thereafter. Funds distributed under this subdivision may only be used for activities directly related to preventing individuals from smoking and assisting smokers to quit smoking.

AB133-SSA1,1235,15 5. Grants to any applying school in which grade 6, 7 or 8 is taught that purchases in calendar year 1998 or after the module of the Body Awareness Resource Network software produced by Pyramid Media that concerns smoking and tobacco use, $150,000 in fiscal year 2000-01. The amount of the grant to each school may not exceed the actual cost to the school of the software.

AB133-SSA1,1235,19 (b) After consulting with the council regarding the selection of specific programs or activities to be funded under this paragraph and subject to sub. (2) (b), from the appropriation under s. 20.435 (5) (tc), the department may distribute grants for any of the following:

AB133-SSA1,1235,20 1. Community-based programs to reduce tobacco use.

AB133-SSA1,1235,22 2. Community-based programs to reduce the burden of tobacco-related diseases.

AB133-SSA1,1235,23 3. School-based programs relating to tobacco use cessation and prevention.

AB133-SSA1,1235,25 4. Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.

AB133-SSA1,1236,2 5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.

AB133-SSA1,1236,3 6. Marketing activities that promote tobacco use cessation and prevention.

AB133-SSA1,1236,5 7. Projects designed to reduce tobacco use among minorities and pregnant women.

AB133-SSA1,1236,6 8. Other tobacco use cessation programs.

AB133-SSA1,1236,8 9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.

AB133-SSA1,1236,10 (c) No recipient of moneys distributed under par. (b) may expend more than 10% of those moneys for administrative costs.

AB133-SSA1,1236,14 (d) From the appropriation under s. 20.435 (1) (tc), subject to sub. (2) (b), beginning in fiscal year 2000-01, the department may expend for administration of the program under this section not more than 5% of the total amount deposited in that fiscal year into the tobacco control fund under s. 25.66.

AB133-SSA1,1236,21 (4) Reports. Not later than September 1, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the program under this section. The report shall specify the number of programs supported under sub. (3) (b) during the immediately preceding fiscal year and the purpose of each program. The report shall also specify any donations, grants or bequests to the department for the tobacco control program under this section.

AB133-SSA1, s. 2487 Section 2487. 281.01 (15) of the statutes is amended to read:

AB133-SSA1,1237,7 281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

AB133-SSA1, s. 2487p Section 2487p. 281.16 (3) (e) of the statutes is amended to read:

AB133-SSA1,1237,25 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, 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. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB133-SSA1, s. 2487r Section 2487r. 281.16 (4) of the statutes is amended to read:

AB133-SSA1,1238,9 281.16 (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 October 14, 1997, 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.

AB133-SSA1, s. 2487t Section 2487t. 281.16 (5) of the statutes is repealed.

AB133-SSA1, s. 2490x Section 2490x. 281.57 (10r) of the statutes is created to read:

AB133-SSA1,1239,2 281.57 (10r) Loan for replacement of a failed sequential batch reactor. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $770,000 to a municipality for all of the administrative, planning, design and construction costs incurred after January 1, 1997, for the replacement of a failed sequential batch reactor point source pollution abatement facility for which the department has issued written concurrence on or before March 26, 1999, that the construction of a new wastewater treatment plant is the most cost-effective option, and for which the municipality has on or before March 26, 1999, committed to work with the department towards securing reimbursement of the loan from the federal environmental protection agency under 40 CFR 35.2032. 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 replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant or a portion of the grant, the department shall forgive the amount of the loan that exceeds the amount of the grant.

AB133-SSA1, s. 2491 Section 2491. 281.58 (1) (ae) of the statutes is repealed.

AB133-SSA1, s. 2492 Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.

AB133-SSA1, s. 2493 Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:

AB133-SSA1,1239,9 281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.

AB133-SSA1, s. 2494 Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.

AB133-SSA1, s. 2495 Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.

AB133-SSA1, s. 2495p Section 2495p. 281.58 (7) (b) 5. of the statutes is repealed.

AB133-SSA1, s. 2496 Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.

AB133-SSA1, s. 2496m Section 2496m. 281.58 (8) (a) 1. of the statutes is amended to read:

AB133-SSA1,1239,21 281.58 (8) (a) 1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.

AB133-SSA1, s. 2497 Section 2497. 281.58 (8) (h) of the statutes is amended to read:

AB133-SSA1,1240,5 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.

AB133-SSA1, s. 2498 Section 2498. 281.58 (8) (j) of the statutes is created to read:

AB133-SSA1,1240,10 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the municipality under sub. (6) (b) 4.

AB133-SSA1, s. 2499 Section 2499. 281.58 (8) (L) of the statutes is repealed.

AB133-SSA1, s. 2500 Section 2500. 281.58 (8e) (a) of the statutes is amended to read:

AB133-SSA1,1240,14 281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7. 6.

AB133-SSA1, s. 2501 Section 2501. 281.58 (8s) of the statutes is amended to read:

AB133-SSA1,1240,18 281.58 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

AB133-SSA1, s. 2502 Section 2502. 281.58 (9) (b) of the statutes is amended to read:

AB133-SSA1,1240,23 281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

AB133-SSA1, s. 2502v Section 2502v. 281.58 (12) (a) 2. of the statutes is repealed.

AB133-SSA1, s. 2503 Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:

AB133-SSA1,1241,3 281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is market interest rate.

AB133-SSA1, s. 2504 Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.

AB133-SSA1, s. 2504e Section 2504e. 281.58 (12) (f) of the statutes is amended to read:

AB133-SSA1,1241,8 281.58 (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 established in par. (a) 1. to or 3.

AB133-SSA1, s. 2504p Section 2504p. 281.59 (1) (d) (intro.) of the statutes is amended to read:

AB133-SSA1,1241,13 281.59 (1) (d) (intro.) "Subsidy" means the amounts provided from the environmental improvement fund to clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program projects for the following purposes:

AB133-SSA1, s. 2504q Section 2504q. 281.59 (1) (d) 1. of the statutes is amended to read: