SB622: Bill Text

SB622,420,13 2. In addition to the penalties provided under subd. 1., the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, 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 subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision 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).

SB622,420,14 295.31 (1) "Department" means the department of natural resources.

SB622,420,21 (7m) "Other waste" includes all other substances, except industrial wastes, as defined in s. 281.01 (5), and sewage, as defined in s. 281.01 (13), which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.

SB622,420,24 (8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,421,5 (9) "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

SB622, s. 996 Section 996. Chapter 299 of the statutes is created to read:

SB622,421,8 Chapter 299 General Environmental Provisions

SB622,421,9 299.01 Definitions. In this chapter, unless the context requires otherwise:

SB622,421,10 (3) "Department" means the department of natural resources.

SB622,421,14 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

SB622,421,16 (5) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of rock or soil.

SB622,421,24 (6) "Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.

SB622,422,3 (7) "Industrial wastes" include liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.

SB622,422,6 (8) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,422,12 (9) "Other wastes" include all other substances, except industrial wastes and sewage, which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.

SB622,422,15 (10) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,422,18 (11) "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 (12), with such surface water or groundwater as may be present.

SB622,422,21 (12) "Sewerage system" means all structures, conduits and pipe lines by which sewage is collected and disposed of, except plumbing inside and in connection with buildings served, and service pipes from building to street main.

SB622,422,22 (13) "Wastewater" means all sewage.

SB622, s. 997 Section 997. 341.10 (8) of the statutes is amended to read:

SB622,422,24 341.10 (8) The vehicle is not eligible for registration under s. 144.42 285.30 (6).

SB622, s. 998 Section 998. 345.11 (1u) of the statutes is amended to read:

SB622,423,3 345.11 (1u) The uniform traffic citation may be used by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 for a violation of s. 159.81 287.81.

SB622, s. 999 Section 999. 345.20 (2) (g) of the statutes is amended to read:

SB622,423,9 345.20 (2) (g) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures for violations of s. 159.81 287.81. No points may be assessed against the driving record of a person convicted of a violation of s. 159.81 287.81. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.

SB622, s. 1000 Section 1000. 348.15 (3) (bv) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

SB622,423,23 348.15 (3) (bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 144.08 281.49 (1) (a), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

SB622, s. 1001 Section 1001. 348.27 (12) of the statutes is amended to read:

SB622,424,9 348.27 (12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 144.01 (4) 289.01 (9), or refuse, as defined in s. 144.43 (4), in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, "refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth an products thereof, litter and street rubbish, ahses, and lumber, concrete and other debris resulting from the construction or demolition of structures.

SB622, s. 1002 Section 1002. 443.14 (10) and (11) of the statutes are amended to read:

SB622,424,13 443.14 (10) Any person employed by a county or this state who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65 and who is certified under s. 92.18.

SB622,424,16 (11) Any land surveyor registered under s. 443.06 who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65.

SB622, s. 1003 Section 1003. 443.14 (12m) of the statutes is amended to read:

SB622,424,19 443.14 (12m) A well driller, as defined in s. 162.02 280.01 (7), who is engaged in well drilling, as defined in s. 162.02 280.01 (8).

SB622, s. 1004 Section 1004. 560.03 (9) of the statutes is amended to read:

SB622,425,2 560.03 (9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in s. 144.36 285.79 (1), in connection with the implementation of the federal clean air act, 42 USC 7401 to 7671q.

SB622, s. 1005 Section 1005. 560.11 (1) (a) of the statutes is amended to read:

SB622,425,10 560.11 (1) (a) Advise the department of natural resources concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79, difficulties encountered by small business stationary sources, as defined in s. 144.36 285.79 (1), in complying with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 and the degree and severity of enforcement of ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 against small business stationary sources.

SB622, s. 1006 Section 1006. 560.11 (1) (c) of the statutes is amended to read:

SB622,425,15 560.11 (1) (c) Review information to be provided to small business stationary sources in connection with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 to ensure that the information can be understood by persons without technical training.

SB622, s. 1007 Section 1007. 560.11 (2) of the statutes is amended to read:

SB622,425,22 560.11 (2) The employes of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employes of the department of natural resources who staff the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).

SB622, s. 1008 Section 1008. 560.12 (1) (ae) of the statutes is amended to read:

SB622,425,25 560.12 (1) (ae) "Recyclable material" means a material identified in s. 159.07 287.07 (3) or (4) that is recovered from solid waste.

SB622, s. 1009 Section 1009. 560.19 (1) (b) of the statutes is amended to read:

SB622,426,3 560.19 (1) (b) "Hazardous pollution prevention" has the meaning given in s. 144.955 299.13 (1) (c).

SB622, s. 1010 Section 1010. 560.19 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,426,6 560.19 (4) (d) 2. The program under s. 144.955 299.13.

SB622, s. 1011 Section 1011. 560.65 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,426,9 560.65 (1) (a) "Air pollution" has the meaning given in s. 144.01 (1) 285.01 (3).

SB622, s. 1012 Section 1012. 560.65 (1) (ag) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,13 560.65 (1) (ag) "Industrial waste" has the meaning given in s. 144.01 281.01 (5).

SB622, s. 1013 Section 1013. 560.65 (1) (ar) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,17 560.65 (1) (ar) "Nonattainment area" has the meaning given in s. 144.30 (21) 285.01 (30).

SB622, s. 1014 Section 1014. 560.65 (1) (b) of the statutes is amended to read:

SB622,426,20 560.65 (1) (b) "Postconsumer waste" has the meaning given in s. 159.01 287.01 (7).

SB622, s. 1015 Section 1015. 560.65 (1) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,24 560.65 (1) (c) "Stationary source" has the meaning given in s. 144.30 (23) 285.01 (41).

SB622, s. 1016 Section 1016. 560.65 (1) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,4 560.65 (1) (d) "Volatile organic compound" has the meaning given in s. 144.30 (24) 285.01 (42).

SB622, s. 1017 Section 1017. 560.65 (1) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,8 560.65 (1) (e) "Volatile organic compound accommodation area" has the meaning given in s. 144.30 (25) 285.01 (43).

SB622, s. 1018 Section 1018. 560.65 (1) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,12 560.65 (1) (f) "Waters of the state" has the meaning given in s. 144.01 (19) 281.01 (18).

SB622, s. 1019 Section 1019. 560.65 (1m) (a) 3. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,16 560.65 (1m) (a) 3. b. To control or treat industrial wastes or air pollution but not other wastes, as defined in s. 144.01 (8) 281.01 (7).

SB622, s. 1020 Section 1020. 560.65 (1m) (a) 3. e. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,22 560.65 (1m) (a) 3. e. To comply with the air pollution control requirements of ss. 144.30 to 144.403 285.01 to 285.29, 285.33 to 285.53, 285.60 to 285.71, 285.75, 285.79 and 285.81, of a local air pollution control program under s. 144.41 285.73 or of the federal clean air act, 42 USC 7401 to 7671q.

SB622, s. 1021 Section 1021. 560.65 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,428,6 560.65 (4) (a) If the project is for the production of a product made from one or more materials recovered from postconsumer waste, whether the production is consistent with the priorities established under s. 159.42 287.42 (5) for the development of markets for materials recovered from solid waste that are in effect on January 1 of the year in which the applicant submits a complete application for a grant or loan under this section to the department.

SB622, s. 1022 Section 1022. 560.797 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,428,10 560.797 (1) (a) "Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).

SB622, s. 1023 Section 1023. 560.835 (1) (a) of the statutes is amended to read:

SB622,428,13 560.835 (1) (a) The production of a product made from one or more materials recovered from postconsumer waste, as defined in s. 159.01 287.01 (7).

SB622, s. 1024 Section 1024. 560.835 (1) (c) of the statutes is amended to read:

SB622,428,18 560.835 (1) (c) The development and operation of a facility to process materials recovered from a solid waste management program that complies with s. 159.07 287.07 (1m), (3) or (4) or the development and operation of a solid waste collection business if the solid waste collected is used in the production of a product.

SB622, s. 1025 Section 1025. 703.16 (6) (e) of the statutes is amended to read:

SB622,428,21 703.16 (6) (e) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.

SB622, s. 1026 Section 1026. 706.01 (9) of the statutes is amended to read:

SB622,428,24 706.01 (9) "Mining company" means any person or agent of a person who has a prospecting or mining permit under s. 144.84 293.45 or 144.85 293.49.

SB622, s. 1027 Section 1027. 706.11 (1) (intro.) of the statutes is amended to read:

SB622,429,5 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. 144.442 (9) ss. 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81:

SB622, s. 1028 Section 1028. 707.37 (4) (d) of the statutes is amended to read:

SB622,429,8 707.37 (4) (d) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.47 292.41 (6) (d) or 292.81.

SB622, s. 1029 Section 1029. 779.01 (4) of the statutes is amended to read:

SB622,430,2 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i), 144.76 (13), 144.76 (6) (d), 215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

SB622, s. 1030 Section 1030. 779.35 of the statutes is amended to read:

SB622,430,19 779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, subject to the exceptions and limitations hereinafter set forth.

SB622, s. 1031 Section 1031. 779.40 (1) of the statutes is amended to read: