AB150: Bill Text

AB150,1491,19 144.76 (2m) Alternatives to immediate notification. (a) For each hazardous substance for which a reportable quantity is established under 42 USC 9602 or 42 USC 11004, the department shall promulgate, by rule, an alternative to immediate notification under sub. (2) (a), or an exemption from notification, that applies when the amount of the hazardous substance that is discharged is less than the amount specified in the rule. The amount specified in a rule under this paragraph for a hazardous substance may not be less than the reportable quantity established under 42 USC 9602 or 42 USC 11004 for that hazardous substance. The department may specify an amount greater than the reportable quantity established under 42 USC 9602 or 42 USC 11004 for a hazardous substance only if the department determines that the discharge of up to that greater amount of the hazardous substance is not likely to harm public health, safety or welfare or the environment.

AB150,1492,2 (b) For a hazardous substance other than a hazardous substance to which par. (a) applies, the department may promulgate a rule that provides an alternative to immediate notification under sub. (2) (a), or an exemption from notification, that applies when the amount of the hazardous substance that is discharged is less than an amount specified in the rule. The department may specify an amount of a hazardous substance in a rule under this paragraph only if the department determines that the discharge of up to that amount of the hazardous substance is not likely to harm public health, safety or welfare or the environment.

AB150, s. 4328 Section 4328. 144.76 (7) (a) of the statutes is amended to read:

AB150,1492,9 144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB150, s. 4329 Section 4329. 144.76 (7) (c) of the statutes is amended to read:

AB150,1492,14 144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB150, s. 4330 Section 4330. 144.76 (9) (f) of the statutes is created to read:

AB150,1492,18 144.76 (9) (f) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is not required to notify the department of the discharge if all of the following apply:

AB150,1492,20 1. A reportable quantity is established under 42 USC 9602 or 42 USC 11004 for the hazardous substance.

AB150,1492,22 2. The amount of the hazardous substance that is discharged is less than the reportable quantity established under 42 USC 9602 or 42 USC 11004.

AB150,1492,24 3. The department has not, as of the date that the person discovers the discharge, promulgated a rule under sub. (2m) that covers the discharge.

AB150, s. 4331 Section 4331. 144.76 (9) (g) of the statutes is created to read:

AB150,1493,3 144.76 (9) (g) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is not required to notify the department under sub. (2) (a) of the discharge if all of the following apply:

AB150,1493,5 1. The department has promulgated a rule under sub. (2m) that covers the hazardous substance.

AB150,1493,7 2. The amount of the hazardous substance that is discharged is less than the amount specified in the rule.

AB150,1493,9 3. The person performs an alternative to immediate reporting if required by the rule.

AB150,1493,10 4. The person takes the actions required by sub. (3).

AB150, s. 4332 Section 4332. 144.82 of the statutes is amended to read:

AB150,1493,23 144.82 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of industry, labor and human relations development. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of industry, labor and human relations development and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB150, s. 4333 Section 4333. 144.833 (3) of the statutes is amended to read:

AB150,1494,10 144.833 (3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the radioactive waste review board public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the radioactive waste review board public service commission under s. 36.50 196.497 or any agreement entered into under that section.

AB150, s. 4334 Section 4334. 144.833 (7) of the statutes is amended to read:

AB150,1494,15 144.833 (7) (title) Impact on radioactive waste review board public service commission. Nothing in this section limits the power or authority of the radioactive waste review board public service commission to impose more stringent requirements for the negotiation and approval of agreements under s. 36.50 196.497.

AB150, s. 4335 Section 4335. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:

AB150,1494,19 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21 27.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB150, s. 4336 Section 4336. 144.9407 (7) (a) of the statutes is amended to read:

AB150,1494,25 144.9407 (7) (a) Review. The department shall review the nonmetallic mining reclamation program programs under this section of in each county and each city, village or town that exercises jurisdiction under this section to ascertain compliance with this section and the rules promulgated under this section. This review shall include all of the following:

AB150,1495,3 1. A performance audit of the nonmetallic mining reclamation program of the county, and each city, village or town in the county that exercises jurisdiction under this section.

AB150,1495,6 2. Verification, by on-site inspections, of county, city, village or town compliance with this section and rules promulgated under this section by the county and each city, village or town in the county that exercises jurisdiction under this section.

AB150,1495,10 3. A written determination by the department, issued every 3 10 years, of whether or not the county, and each city, village or town in the county that exercises jurisdiction under this section is in compliance with this section and rules promulgated under this section.

AB150, s. 4337 Section 4337. 144.955 (1) (a) of the statutes is repealed.

AB150, s. 4338 Section 4338. 144.955 (1) (b) of the statutes is repealed.

AB150, s. 4339 Section 4339. 144.955 (1) (bm) of the statutes is created to read:

AB150,1495,15 144.955 (1) (bm) "Council" means the hazardous pollution prevention council under s. 15.157 (5).

AB150, s. 4340 Section 4340. 144.955 (1) (c) of the statutes is amended to read:

AB150,1495,25 144.955 (1) (c) "Hazardous pollution prevention" means changes in design, production processes, plant operations or raw materials material choices that reduce or eliminate the use or production of hazardous substances, toxic pollutants and hazardous waste environmental pollution. "Hazardous pollution prevention" does not include incineration, changes in the manner of release of a hazardous substance, toxic pollutant or hazardous waste, recycling of a hazardous substance, toxic pollutant or hazardous waste outside of the process or, treatment of hazardous substances, toxic pollutants or hazardous waste after the completion of the process or post-process environmental control technology.

AB150, s. 4341 Section 4341. 144.955 (1) (d) of the statutes is repealed.

AB150, s. 4342 Section 4342. 144.955 (1) (g) of the statutes is repealed.

AB150, s. 4343 Section 4343. 144.955 (1m) (intro.) of the statutes is amended to read:

AB150,1496,7 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the department, the department of development, the board council and the program shall promote all of the following techniques for hazardous pollution prevention:

AB150, s. 4344 Section 4344. 144.955 (1m) (c) of the statutes is amended to read:

AB150,1496,10 144.955 (1m) (c) Changing processes and equipment that produce hazardous substances, toxic pollutants or hazardous waste environmental pollution.

AB150, s. 4345 Section 4345. 144.955 (2) (a) 1. of the statutes is repealed.

AB150, s. 4346 Section 4346. 144.955 (2) (a) 2. of the statutes is amended to read:

AB150,1496,18 144.955 (2) (a) 2. Recommend educational priorities to the university of Wisconsin-extension for the program, considering volume and toxicity of hazardous substances, toxic pollutants and hazardous waste environmental pollution produced, lack of compliance with environmental standards, and potential for hazardous pollution prevention and projected shortfalls in hazardous waste treatment or disposal facilities under the capacity assurance plan.

AB150, s. 4347 Section 4347. 144.955 (2) (b) of the statutes is amended to read:

AB150,1496,24 144.955 (2) (b) Identify all department requirements for environmental pollution reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the board council, the legislature and the public.

AB150, s. 4348 Section 4348. 144.955 (2) (e) of the statutes is amended to read:

AB150,1497,2 144.955 (2) (e) Assist the board council in preparing the report under sub. (3) (f) s. 560.19 (4) (d).

AB150, s. 4349 Section 4349. 144.955 (3) of the statutes is repealed.

AB150, s. 4350 Section 4350. 144.968 of the statutes is created to read:

AB150,1497,10 144.968 Cooperative remedial action. (1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.

AB150,1497,15 (2) The department may seek and receive funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by the department and the person providing the funds to remedy that environmental contamination.

AB150,1497,17 (3) Provision of funding under sub. (2) is not evidence of liability or an admission of liability for any environmental contamination.

AB150,1497,20 (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).

AB150, s. 4351 Section 4351. 144.98 of the statutes is amended to read:

AB150,1498,11 144.98 Enforcement; duty of department of justice; expenses. The attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The expenses incurred by the department of justice in assisting with the administration of this chapter shall be charged to the appropriation made by s. 20.370 (2) (ma) The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB150, s. 4352 Section 4352. 144.99 (title) of the statutes is amended to read:

AB150,1498,13 144.99 (title) Penalties and remedies.

AB150, s. 4353 Section 4353. 144.99 of the statutes is renumbered 144.99 (1).

AB150, s. 4354 Section 4354. 144.99 (2) of the statutes is created to read:

AB150,1498,21 144.99 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the expenses of the investigation and prosecution of the violation, including attorney fees, and an amount reasonably necessary to remedy the harmful effects of the violation. 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.

AB150, s. 4355 Section 4355. 145.01 (4) of the statutes is amended to read:

AB150,1498,24 145.01 (4) Department. "Department" means the department of industry, labor and human relations development.

AB150, s. 4356 Section 4356. 145.02 (4) (a) of the statutes is amended to read:

AB150,1499,6 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.227 (15) 15.157 (6), shall advise the department in formulating the rules.

AB150, s. 4357 Section 4357. 145.17 (2) of the statutes is amended to read:

AB150,1499,13 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.227 (16) 15.157 (9), shall advise the department in formulating the rules.

AB150, s. 4358 Section 4358. 145.245 (1) (dm) of the statutes is amended to read:

AB150,1499,18 145.245 (1) (dm) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

AB150, s. 4359 Section 4359. 145.245 (3) of the statutes is amended to read:

AB150,1500,10 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 146.20 or by an employe of the state or governmental unit designated by the department. The department of natural resources may suspend or revoke a license issued under s. 146.20 or a certificate issued under s. 144.025 (2) (L) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB150, s. 4360 Section 4360. 146.029 of the statutes is repealed.

AB150, s. 4361 Section 4361. 146.085 (3) of the statutes is amended to read:

AB150,1500,15 146.085 (3) Enforcement. The department, the department of industry, labor and human relations development and the public service commission shall enforce this section within their respective jurisdictions.

AB150, s. 4362 Section 4362. 146.20 (3) (a) of the statutes is amended to read:

AB150,1500,24 146.20 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license, provided a surety bond has been executed. The license fee shall accompany all applications.

AB150, s. 4363 Section 4363. 146.20 (3) (b) of the statutes is amended to read:

AB150,1501,7 146.20 (3) (b) Expiration date of license. All licenses issued under this section for a period beginning before July 1, 1997, are for one year. All licenses issued under this section for a period beginning after June 30, 1997, are for 2 years. All licenses issued under this section are for one year, expire on June 30 or December 31 and are not transferable. Application for renewal shall be filed on or before July 1 or January 1 June 1 and if filed after that date a penalty shall be charged. The department shall promulgate a rule setting the amount of the penalty for late filing.

AB150, s. 4364 Section 4364. 146.20 (4) of the statutes is repealed.

AB150, s. 4365 Section 4365. 146.20 (4s) (a) 1. of the statutes is amended to read:

AB150,1501,12 146.20 (4s) (a) 1. For a license under sub. (3) (a) for to a state resident, $25 for each vehicle used for servicing, $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997.

AB150, s. 4366 Section 4366. 146.20 (4s) (a) 2. of the statutes is amended to read:

AB150,1501,16 146.20 (4s) (a) 2. For a license under sub. (3) (a) for to a nonresident licensee, $50, for each vehicle used for servicing, $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997.

AB150, s. 4367 Section 4367. 146.20 (4s) (d) of the statutes is amended to read:

AB150,1501,22 146.20 (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 per licensee 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 management.

AB150, s. 4368 Section 4368. 146.20 (5) (a) 1. of the statutes is repealed.

AB150, s. 4369 Section 4369. 146.40 (5) (a) of the statutes is amended to read:

AB150,1502,7 146.40 (5) (a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification in this state of instructional and competency evaluation programs for nurse's assistants, home health aides and hospice aides. The standards shall include specialized training in providing care to individuals with special needs. The department shall promulgate rules regarding this specialized training in consultation with a private nonprofit organization awarded a grant under s. 46.855.