Amendment ASA1-SB55

SB55-ASA1,1055,8 2. Allow another eligible recipient of grants under this section to cooperate with the school district in the project.

SB55-ASA1, s. 1624 Section 1624. 281.69 (1b) of the statutes is renumbered 281.69 (1b) (intro.) and amended to read:

SB55-ASA1,1055,11 281.69 (1b) Definition Definitions. (intro.) In this section, "lake":

SB55-ASA1,1055,12 (ag) "Lake" includes a flowage.

SB55-ASA1, s. 1625 Section 1625. 281.69 (1b) (c) of the statutes is created to read:

SB55-ASA1,1055,15 281.69 (1b) (c) "Qualified lake association" is an association that meets the qualifications under s. 281.68 (3m) (a).

SB55-ASA1, s. 1626 Section 1626. 281.69 (1b) (d) of the statutes is created to read:

SB55-ASA1,1055,17 281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 (1).

SB55-ASA1, s. 1627 Section 1627. 281.69 (3) (a) of the statutes is amended to read:

SB55-ASA1,1055,24 281.69 (3) (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in s. 281.68 (1) (b), town sanitary districts, public inland lake protection and rehabilitation districts , and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.

SB55-ASA1, s. 1628 Section 1628. 281.69 (3) (b) 2. of the statutes is amended to read:

SB55-ASA1,1056,2 281.69 (3) (b) 2. The restoration of a wetland , as defined in s. 23.32 (1), if the restoration will protect or improve a lake's water quality or its natural ecosystem.

SB55-ASA1, s. 1629 Section 1629. 281.69 (3) (b) 2m. of the statutes is created to read:

SB55-ASA1,1056,6 281.69 (3) (b) 2m. The restoration of habitat in a littoral area of a lake or along its shoreline if the restoration will protect or improve the lake's water quality or its natural ecosystem.

SB55-ASA1, s. 1630 Section 1630. 281.75 (4) (b) 3. of the statutes is amended to read:

SB55-ASA1,1056,8 281.75 (4) (b) 3. An authority created under ch. 231, 233 or, 234, or 237.

SB55-ASA1, s. 1631 Section 1631. 283.33 (1) (b) of the statutes is amended to read:

SB55-ASA1,1056,12 283.33 (1) (b) A discharge of storm water from a municipal separate storm sewer system serving an incorporated area with a population of 100,000 or more, as determined by the 1990 federal census.

SB55-ASA1, s. 1632 Section 1632. 283.33 (1) (c) of the statutes is created to read:

SB55-ASA1,1056,16 283.33 (1) (c) A discharge of storm water from a municipal separate storm sewer system serving an area located in an urbanized area, as determined by the U.S. bureau of the census based on the latest decennial federal census.

SB55-ASA1, s. 1633 Section 1633. 283.33 (1) (cg) of the statutes is created to read:

SB55-ASA1,1056,24 283.33 (1) (cg) A discharge of storm water from a municipal separate storm sewer system serving an area with a population of 10,000 or more and a population density of 1,000 or more per square mile, if the system is designated by the department to be regulated under this section based on an evaluation of whether the storm water discharge results in, or has the potential to result in, water quality standards being exceeded, including impairment of designated uses, or in other significant water quality impacts, including habitat and biological impacts.

SB55-ASA1, s. 1634 Section 1634. 283.33 (1) (cr) of the statutes is created to read:

SB55-ASA1,1057,5 283.33 (1) (cr) A discharge of storm water from a municipal separate storm sewer system that is designated by the department to be regulated under this section because the system contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this section.

SB55-ASA1, s. 1635 Section 1635. 283.33 (1) (d) of the statutes is amended to read:

SB55-ASA1,1057,10 283.33 (1) (d) A discharge of storm water from a facility or activity, other than a facility or activity under par. pars. (a) or (b) to (cr), if the department determines that the discharge either contributes to a violation of a water quality standard or is a significant contributor of pollutants to the waters of the state.

SB55-ASA1, s. 1636 Section 1636. 283.33 (4) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1057,16 283.33 (4) (a) (intro.) In addition to obtaining a permit under this section, the owner or operator of an industrial activity described in sub. (1) (a) that discharges storm water through a municipal separate storm sewer system described in sub. (1) (b) to (cr) shall submit the following information to the owner or operator of the municipal separate storm sewer system:

SB55-ASA1, s. 1637 Section 1637. 283.33 (8) of the statutes is amended to read:

SB55-ASA1,1057,22 283.33 (8) Rule making. The department shall promulgate rules containing criteria for identifying storm water discharges for which permits are required under sub. (1) for the administration of this section. The department may not require a permit under this section for diffused surface drainage or agricultural storm water discharges.

SB55-ASA1, s. 1638 Section 1638. 283.84 (1) (c) of the statutes is amended to read:

SB55-ASA1,1058,2 283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 22.01 (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.

SB55-ASA1, s. 1639 Section 1639. 283.89 (2m) of the statutes is amended to read:

SB55-ASA1,1058,7 283.89 (2m) If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department shall may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50 to 23.99 apply.

SB55-ASA1, s. 1640 Section 1640. 285.59 (1) (b) of the statutes is amended to read:

SB55-ASA1,1058,16 285.59 (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, the Fox River Navigational System Authority, and the Wisconsin Health and Educational Facilities Authority.

SB55-ASA1, s. 1641 Section 1641. 285.69 (2) (a) 8. of the statutes is amended to read:

SB55-ASA1,1058,21 285.69 (2) (a) 8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average year.

SB55-ASA1, s. 1642 Section 1642. 287.23 (5) (c) 2. of the statutes is amended to read:

SB55-ASA1,1059,2 287.23 (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 2000 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.

SB55-ASA1, s. 1643 Section 1643. 287.23 (5m) of the statutes is amended to read:

SB55-ASA1,1059,6 287.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (6) (bq).

SB55-ASA1, s. 3227m Section 3227m. 289.33 (8) (b) 8. of the statutes is created to read:

SB55-ASA1,1059,9 289.33 (8) (b) 8. Compensation to any person for substantial economic impacts that are a direct result of the facility's receipt of waste generated outside of this state.

SB55-ASA1, s. 3227q Section 3227q. 289.41 (6) (a) of the statutes is amended to read:

SB55-ASA1,1059,15 289.41 (6) (a) Compliance. Except as provided under par. (j), (k), or (L) or sub. (7), calculations and determinations based on data and information provided in the opinion of the certified public accountant are required to establish that the company satisfies each of the criteria under pars. (b) to (i) in order to comply with minimum financial standards.

SB55-ASA1, s. 3227r Section 3227r. 289.41 (6) (k) of the statutes is created to read:

SB55-ASA1,1059,20 289.41 (6) (k) Exception from one criterion. Paragraph (e) does not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (f) to (i).

SB55-ASA1, s. 3227s Section 3227s. 289.41 (6) (L) of the statutes is created to read:

SB55-ASA1,1060,2 289.41 (6) (L) Alternative criteria for certain companies. Paragraphs (e) and (f) do not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (g) to (i) and one of the following criteria:

SB55-ASA1,1060,6 1. The company received a rating for its senior unsubordinated debt of "AAA," "AA," "A," or "BBB" from Standard and Poor's Corporation, or of "Aaa," "Aa," "A," or "Baa" from Moody's Investor Service, Incorporated, in the most recent issuance of ratings by either firm.

SB55-ASA1,1060,9 2. The quotient of the sum of net income plus depreciation, plus depletion, plus amortization, minus $10,000,000, divided by total liabilities at the end of the company's most recently completed fiscal year exceeds 0.1.

SB55-ASA1, s. 3228h Section 3228h. 289.83 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-ASA1, s. 3228j Section 3228j. 289.83 (5) of the statutes is amended to read:

SB55-ASA1,1060,16 289.83 (5) Payment of grant. The department shall make 10 annual grant payments annually over a 10-year period to recipients who applied in fiscal years 1992-93 and 1993-94. Each grant payment shall equal 10% of the total grant to a political subdivision.

SB55-ASA1, s. 1644 Section 1644. 292.31 (7) (am) of the statutes is created to read:

SB55-ASA1,1060,21 292.31 (7) (am) 1. The department may accept the transfer of an interest in property that was acquired by the federal environmental protection agency as part of a remedial action under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 to 9675.

SB55-ASA1,1061,4 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

SB55-ASA1,1061,6 3. The department may enforce the terms of any interest in property that it acquires under this paragraph.

SB55-ASA1, s. 1645 Section 1645. 292.65 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,1061,8 292.65 (1) Definitions. (intro.) In this section and s. 292.66:

SB55-ASA1, s. 1646 Section 1646. 292.65 (1) (b) of the statutes is amended to read:

SB55-ASA1,1061,12 292.65 (1) (b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent product discharge.

SB55-ASA1, s. 1647 Section 1647. 292.65 (1) (d) (intro.) of the statutes is amended to read:

SB55-ASA1,1061,16 292.65 (1) (d) (intro.) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product, other than a facility that is one of the following:

SB55-ASA1, s. 1648 Section 1648. 292.65 (1) (e) of the statutes is amended to read:

SB55-ASA1,1061,22 292.65 (1) (e) "Dry cleaning solvent product" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics.

SB55-ASA1, s. 1649 Section 1649. 292.65 (1) (gm) of the statutes is amended to read:

SB55-ASA1,1062,5 292.65 (1) (gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent product occurs, or after the discovery of a discharge of dry cleaning solvent product, to halt the discharge, contain or remove discharged dry cleaning solvent product, or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state and to eliminate any imminent threat to public health, safety, or welfare.

SB55-ASA1, s. 1650 Section 1650. 292.65 (1) (gs) of the statutes is created to read:

SB55-ASA1,1062,10 292.65 (1) (gs) "Interim action" means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety, or welfare or to the environment, while other remedial actions are being planned.

SB55-ASA1, s. 1651 Section 1651. 292.65 (4) (b) of the statutes is amended to read:

SB55-ASA1,1062,13 292.65 (4) (b) Report. An owner or operator shall report a dry cleaning solvent product discharge to the department in a timely manner, as provided in s. 292.11.

SB55-ASA1, s. 1652 Section 1652. 292.65 (4) (e) of the statutes is amended to read:

SB55-ASA1,1062,18 292.65 (4) (e) Investigation. After notifying the department under par. (c) 1., if applicable, and before conducting remedial action activities, an owner or operator shall complete an investigation to determine the extent of environmental impact of the dry cleaning solvent product discharge, except as provided in pars. (g) and (h).

SB55-ASA1, s. 1653 Section 1653. 292.65 (4) (h) of the statutes is repealed and recreated to read:

SB55-ASA1,1062,22 292.65 (4) (h) Interim action. An owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary.

SB55-ASA1, s. 1654 Section 1654. 292.65 (4) (i) of the statutes is amended to read:

SB55-ASA1,1063,6 292.65 (4) (i) Review of site investigation and remedial action plan. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent product discharge.

SB55-ASA1, s. 1655 Section 1655. 292.65 (4) (j) (intro.) and 1. of the statutes are amended to read:

SB55-ASA1,1063,10 292.65 (4) (j) Remedial action. (intro.) The owner or operator shall conduct all remedial action activities that are required under this section in response to the dry cleaning solvent product discharge, including all of the following:

SB55-ASA1,1063,12 1. Recovering any recoverable dry cleaning solvent product from the environment.

SB55-ASA1, s. 1656 Section 1656. 292.65 (5) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1063,16 292.65 (5) (b) (intro.) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:

SB55-ASA1, s. 1657 Section 1657. 292.65 (5) (b) 1. of the statutes is amended to read:

SB55-ASA1,1063,20 292.65 (5) (b) 1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning solvent product as hazardous wastes in compliance with ch. 291 and 42 USC 6901 to 6991i.

SB55-ASA1, s. 1658 Section 1658. 292.65 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 1.

SB55-ASA1, s. 1659 Section 1659. 292.65 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1,1064,3 292.65 (5) (b) 2. That the dry cleaning facility does not discharge dry cleaning solvent product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.