SB622: Bill Text

SB622,109,20 94.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources under s. 147.02 283.31 or 147.023 283.35.

SB622, s. 309 Section 309. 94.701 (3) (c) of the statutes is amended to read:

SB622,109,24 94.701 (3) (c) A political subdivision may enact an ordinance or enter into an agreement under s. 144.445 289.33 (9) relating to the storage, treatment or disposal of solid waste containing pesticides, pesticide containers or pesticide residues.

SB622, s. 310 Section 310. 94.73 (1) (a) of the statutes is amended to read:

SB622,110,3 94.73 (1) (a) "Agricultural chemical" means a substance that is a fertilizer or a nonhousehold pesticide and that is a hazardous substance, as defined in s. 144.01 (4m) 299.01 (6).

SB622, s. 311 Section 311. 94.73 (1) (b) of the statutes is amended to read:

SB622,110,12 94.73 (1) (b) "Corrective action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. "Corrective action" includes action taken or ordered by the department of natural resources under s. 144.76 292.11 (7) in response to a discharge, but does not include action ordered by the department of natural resources under s. 144.73 (1) or 144.735 (2) 291.37 (2) or 291.95. "Corrective action" does not include action taken, or ordered to be completed, before January 1, 1989.

SB622, s. 312 Section 312. 94.73 (1) (e) of the statutes is amended to read:

SB622,110,15 94.73 (1) (e) "Discharge" means the discharge, as defined in s. 144.76 (1) (a) 292.01 (3), of an agricultural chemical.

SB622, s. 313 Section 313. 94.73 (2) (a) of the statutes is amended to read:

SB622,110,22 94.73 (2) (a) The department may issue an order requiring a responsible person to take corrective action. Except as provided in a memorandum of understanding under sub. (12), if a discharge involves a hazardous substance that may also become a hazardous waste, the department and the department of natural resources shall consult to determine whether corrective action should be taken under this section or s. 144.442 (6), 144.73 (1) or 144.735 (2) 291.37 (2), 291.95 (1) or 292.31 (3).

SB622, s. 314 Section 314. 94.73 (2) (bg) 2. and 3. and (d) of the statutes are amended to read:

SB622,111,2 94.73 (2) (bg) 2. Containment, removal, treatment or monitoring of environmental contamination caused by the discharge if the containment, removal, treatment or monitoring complies with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48.

SB622,111,5 3. Transportation, storage, land application or disposal of contaminated materials, in compliance with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48.

SB622,111,9 (d) Soil or water removed from a discharge site as part of a corrective action may only be spread on land if that spreading on land is in compliance with chs. 144 and 147 281 to 285 and 289 to 299, except s. 281.48, and if the department has given its written authorization.

SB622, s. 315 Section 315. 94.73 (2m) (intro.) of the statutes is amended to read:

SB622,111,14 94.73 (2m) Corrective action ordered by the department of natural resources. (intro.) The department of natural resources may take action under s. 144.76 292.11 (7) (a) or may issue an order under s. 144.76 292.11 (7) (c) in response to a discharge only if one or more of the following apply:

SB622, s. 316 Section 316. 94.73 (2m) (d) of the statutes is amended to read:

SB622,111,18 94.73 (2m) (d) The department of natural resources takes action under s. 144.76 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 292.11 (7) (c) in compliance with this subsection.

SB622, s. 317 Section 317. 94.73 (3) (d) of the statutes is amended to read:

SB622,111,22 94.73 (3) (d) The applicant has complied with every corrective action order issued to the applicant by the department under sub. (2) or the department of natural resources under s. 144.76 292.11 (7) (c).

SB622, s. 318 Section 318. 94.73 (3) (f) of the statutes is amended to read:

SB622,112,3 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported the discharge to the department or, if the applicant was required to report the discharge under s. 144.76 292.11 (2), to the department of natural resources.

SB622, s. 319 Section 319. 94.73 (3m) (a) of the statutes is amended to read:

SB622,112,8 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that is an intentional use of an agricultural chemical for agricultural purposes, unless the corrective action is ordered by the department under sub. (2) or by the department of natural resources under s. 144.76 292.11 (7) (c).

SB622, s. 320 Section 320. 94.73 (3m) (b) of the statutes is amended to read:

SB622,112,12 94.73 (3m) (b) Costs of reimbursing the department of natural resources for action taken under s. 144.442 (4), (6) or (8) or 144.76 292.11 (7) (a) or 292.31 (1), (3) or (7) because the applicant failed to respond adequately to a discharge.

SB622, s. 321 Section 321. 94.73 (3m) (e) of the statutes is amended to read:

SB622,112,18 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from a facility that is required to be licensed under s. 144.44 (4) 289.31 or that would be required to be licensed except that the department of natural resources has issued a specific exemption under s. 144.44 (7) 289.43 or rules promulgated under s. 144.435 289.05 (1) or (2).

SB622, s. 322 Section 322. 94.73 (6) (b) 2. of the statutes is amended to read:

SB622,112,23 94.73 (6) (b) 2. If the corrective action includes groundwater remediation ordered by the department under sub. (2) or by the department of natural resources under s. 144.76 292.11 (7) (c), 80% of the corrective action costs that exceed $100,000 but that do not exceed $300,000.

SB622, s. 323 Section 323. 94.73 (6) (c) of the statutes is amended to read:

SB622,113,9 94.73 (6) (c) Except as provided in par. (e), if the department has previously reimbursed any responsible person for corrective action costs for the discharge site for which reimbursement is sought, the department shall reimburse the responsible person an amount equal to 50% of the corrective action costs that exceed $15,000 but that do not exceed $100,000, except that if the corrective action includes groundwater remediation ordered by the department under sub. (2) or by the department of natural resources under s. 144.76 292.11 (7) (c) the department shall reimburse the responsible person an amount equal to 50% of the corrective action costs that exceed $15,000 but that do not exceed $300,000.

SB622, s. 324 Section 324. 94.73 (12) of the statutes is amended to read:

SB622,113,18 94.73 (12) Memorandum of understanding. The department and the department of natural resources shall enter into a memorandum of understanding establishing their respective functions in the administration of this section. The memorandum of understanding shall establish procedures to ensure that corrective actions taken under this section are consistent with actions taken under s. 144.76 292.11 (7). The department and the department of natural resources may request that the secretary of administration provide assistance in accomplishing the memorandum of understanding.

SB622, s. 325 Section 325. 97.34 (2) (b) of the statutes is amended to read:

SB622,113,25 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under s. 144.025 or 162.03 280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under ch. 160.

Note: The reference to "state drinking water standards adopted...under s. 144.025" is overly inclusive. Section 144.025 contains a variety of water quality-related provisions and only s. 144.025 (2) (b) and (t) relate specifically to setting water quality and drinking water standards. Therefore, the new cross-reference is restricted to new ss. 281.15 and 281.17 (8), which correspond with current s. 144.025 (2) (b) and (t).

The cross-reference to "state drinking water standards adopted...under s. ... 162.03" is incorrect. State drinking water standards are adopted under s. 162.01. None of the powers of the DNR enumerated under s. 162.03 relates to the adoption of drinking water standards. Therefore, the new cross-reference is to s. 280.11, which corresponds with current s. 162.01.

SB622, s. 326 Section 326. 97.34 (2) (c) of the statutes is amended to read:

SB622,114,9 97.34 (2) (c) The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water supply used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water supplies or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under s. 144.95 299.11.

SB622, s. 327 Section 327. 97.34 (2) (d) of the statutes is amended to read:

SB622,114,14 97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the location and construction of the water supply and the pump installation used by the manufacturer or bottler comply with rules promulgated by the department of natural resources under s. 162.03 280.13.

SB622, s. 328 Section 328. 100.27 (5) (b) of the statutes is amended to read:

SB622,114,18 100.27 (5) (b) Informs each purchaser of one of its mercuric oxide batteries of the collection site identified under par. (a) and of the prohibition in s. 159.185 287.185 (2).

SB622, s. 329 Section 329. 101.09 (1) (d) of the statutes is amended to read:

SB622,115,2 101.09 (1) (d) "Waters of the state" has the meaning specified under s. 144.01 (19) 281.01 (18).

SB622, s. 330 Section 330. 101.09 (2) (b) of the statutes is amended to read:

SB622,115,5 101.09 (2) (b) This section does not apply to storage tanks which require a hazardous waste license under s. 144.64 291.25.

SB622, s. 331 Section 331. 101.126 (1) (intro.) of the statutes is amended to read:

SB622,115,11 101.126 (1) (intro.) The department shall establish, by rule, requirements for a person engaging in any of the following to provide adequate space in or adjacent to the building for the separation, temporary storage and collection of the materials listed in s. 159.07 287.07 (3) or (4), likely to be generated by the occupants of the building:

SB622, s. 332 Section 332. 101.143 (1) (b) of the statutes is amended to read:

SB622,115,14 101.143 (1) (b) "Discharge" has the meaning designated under s. 144.76 (1) (a) 292.01 (3).

SB622, s. 333 Section 333. 101.143 (1) (c) of the statutes is amended to read:

SB622,115,17 101.143 (1) (c) "Groundwater" has the meaning designated under s. 144.027 281.75 (1) (c).

SB622, s. 334 Section 334. 101.143 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,115,25 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 144.76 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

SB622, s. 335 Section 335. 101.143 (3) (a) 5. of the statutes is amended to read:

SB622,116,5 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency government in the department of military affairs or to the department of natural resources, according to the requirements under s. 144.76 292.11.

SB622, s. 336 Section 336. 101.143 (3) (c) 3. of the statutes is amended to read:

SB622,116,10 101.143 (3) (c) 3. Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s. 144.76 292.11.

SB622, s. 337 Section 337. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,116,16 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76 292.11.

SB622, s. 338 Section 338. 101.143 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,117,3 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB622, s. 339 Section 339. 101.143 (4) (b) 14. of the statutes is amended to read:

SB622,117,7 101.143 (4) (b) 14. Other costs identified by the department as necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s. 144.76 292.11.

SB622, s. 340 Section 340. 101.144 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,11 101.144 (1) (a) "Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

SB622, s. 341 Section 341. 101.144 (1) (am) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,15 101.144 (1) (am) "Hazardous substance" has the meaning given in s. 144.01 (4m) 299.01 (6).

SB622, s. 342 Section 342. 101.144 (3) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,117,21 101.144 (3) (intro.)  The department of natural resources may take action under s. 144.76 292.11 (7) (a) or may issue an order under s. 144.76 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

SB622, s. 343 Section 343. 101.144 (3) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,3 101.144 (3) (d) The department of natural resources takes action under s. 144.76 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 292.11 (7) (c) in compliance with this subsection.

SB622, s. 344 Section 344. 101.144 (3) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,7 101.144 (3) (e) The department of natural resources takes the action under s. 144.76 292.11 (7) (a) because the identity of the responsible person is unknown.

SB622, s. 345 Section 345. 101.144 (3m) (a) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,118,11 101.144 (3m) (a) 2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 144.76 292.11 (7).

SB622, s. 346 Section 346. 101.578 (1) of the statutes is amended to read:

SB622,118,14 101.578 (1) In this section, "medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

SB622, s. 347 Section 347. 107.001 (3) of the statutes is amended to read:

SB622,118,17 107.001 (3) "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. 348 Section 348. 107.15 (2) (a) of the statutes is amended to read:

SB622,118,20 107.15 (2) (a) "Exploration" has the meaning designated in s. 144.81 (2) 293.01 (5).

SB622, s. 349 Section 349. 107.15 (2) (b) of the statutes is amended to read:

SB622,119,2 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration activities by the department of natural resources under s. 144.832 293.21. If the person is a corporation or limited liability company, "licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.

SB622, s. 350 Section 350. 107.15 (2) (d) of the statutes is amended to read:

SB622,119,5 107.15 (2) (d) "Mining" or "mining operation" has the meaning designated in s. 144.81 (5) 293.01 (9).