SB622: Bill Text

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).

SB622, s. 351 Section 351. 107.15 (2) (e) of the statutes is amended to read:

SB622,119,8 107.15 (2) (e) "Prospecting" has the meaning designated in s. 144.81 (12) 293.01 (18).

SB622, s. 352 Section 352. 107.20 (1) of the statutes is amended to read:

SB622,119,21 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 144.84 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

SB622, s. 353 Section 353. 107.25 (1) (c) of the statutes is amended to read:

SB622,120,6 107.25 (1) (c) The lessor may cancel an exploration mining lease if 10 years have elapsed from the date on which the lease was recorded in the office of the register of deeds of the county where the property is located and the lessee has not formally applied, under s. 293.35 or 293.37, for either a permit to prospect under s. 144.84 or a permit to mine under s. 144.85. In the event that the lessee formally applies for a prospecting permit under s. 144.84 293.35 or a mining permit under s. 144.85 293.37 within the 10-year period, but does not receive a mining permit under s. 144.85 293.49 within the 10-year period following the date of application for the prospecting permit or mining permit, the lessor's right to cancel is revived.

SB622, s. 354 Section 354. 107.30 (8) of the statutes is amended to read:

SB622,120,9 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 144.81 (5) 293.01 (9).

SB622, s. 355 Section 355. 107.30 (15) of the statutes is amended to read:

SB622,120,12 107.30 (15) "Prospecting" has the meaning set forth in s. 144.81 (12) 293.01 (18).

SB622, s. 356 Section 356. 107.30 (16) of the statutes is amended to read:

SB622,120,15 107.30 (16) "Prospecting site" has the meaning set forth in s. 144.81 (13n) 293.01 (21).

SB622, s. 357 Section 357. 109.09 (2) of the statutes is amended to read:

SB622,121,11 109.09 (2) The department, under its authority under sub. (1) to maintain actions for the benefit of employes, or an employe who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency. A lien under this subsection takes effect when the department or employe files a verified petition claiming the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department or employe must file the petition within 2 years after the date that the wages were due. The petition shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made and state that the petitioner claims a lien on that property. The lien shall take precedence over all other debts, judgments, decrees, liens or mortgages against the employer, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the department or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

SB622, s. 358 Section 358. 110.07 (1) (a) 1. of the statutes is amended to read:

SB622,121,16 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 159.81 and 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB622, s. 359 Section 359. 110.07 (1) (a) 3. of the statutes is amended to read:

SB622,121,22 110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this chapter, ss. 159.81 and 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.

SB622, s. 360 Section 360. 110.07 (1) (b) of the statutes is amended to read: