SB622, s. 346
12Section
346. 101.578 (1) of the statutes is amended to read:
SB622,118,1413
101.578
(1) In this section, "medical waste incinerator" has the meaning given
14in s.
159.07 287.07 (7) (c) 1. cr.
SB622, s. 347
15Section
347. 107.001 (3) of the statutes is amended to read:
SB622,118,1716
107.001
(3) "Mining company" means any person or agent of a person who has
17a prospecting or mining permit under s.
144.84 293.45 or
144.85 293.49.
SB622, s. 348
18Section
348. 107.15 (2) (a) of the statutes is amended to read:
SB622,118,2019
107.15
(2) (a) "Exploration" has the meaning designated in s.
144.81 (2) 293.01
20(5).
SB622, s. 349
21Section
349. 107.15 (2) (b) of the statutes is amended to read:
SB622,119,222
107.15
(2) (b) "Licensee" means any person licensed to conduct exploration
23activities by the department of natural resources under s.
144.832 293.21. If the
24person is a corporation or limited liability company, "licensee" includes the parent
1and any subsidiary or affiliates of the corporation or limited liability company
2engaged in mining or activities related to mining in this state.
SB622, s. 350
3Section
350. 107.15 (2) (d) of the statutes is amended to read:
SB622,119,54
107.15
(2) (d) "Mining" or "mining operation" has the meaning designated in
5s.
144.81 (5) 293.01 (9).
SB622, s. 351
6Section
351. 107.15 (2) (e) of the statutes is amended to read:
SB622,119,87
107.15
(2) (e) "Prospecting" has the meaning designated in s.
144.81 (12) 293.01
8(18).
SB622, s. 352
9Section
352. 107.20 (1) of the statutes is amended to read:
SB622,119,2110
107.20
(1) Any provision of an exploration mining lease entered into after April
1125, 1978, granting an option or right to determine the presence, location, quality or
12quantity of metalliferous minerals shall be limited to a term not exceeding 10 years
13from the date on which the exploration mining lease is recorded in the office of the
14register of deeds of the county where the property is located, except that any
15provision of an exploration mining lease entered into after April 25, 1978, granting
16an option or right to determine the quality and quantity of metalliferous minerals
17under a prospecting permit shall be limited to a term not exceeding 10 years from the
18date that the lessee applies for a prospecting permit under s.
144.84 293.35, if the
19lessee applies for the prospecting permit within 10 years from the date on which the
20exploration mining lease is recorded in the office of the register of deeds of the county
21where the property is located.
SB622, s. 353
22Section
353. 107.25 (1) (c) of the statutes is amended to read:
SB622,120,623
107.25
(1) (c) The lessor may cancel an exploration mining lease if 10 years
24have elapsed from the date on which the lease was recorded in the office of the
25register of deeds of the county where the property is located and the lessee has not
1formally applied
, under s. 293.35 or 293.37, for either a permit to prospect
under s.
2144.84 or a permit to mine
under s. 144.85. In the event that the lessee formally
3applies for a prospecting permit under s.
144.84
293.35 or a mining permit under s.
4144.85 293.37 within the 10-year period, but does not receive a mining permit under
5s.
144.85 293.49 within the 10-year period following the date of application for the
6prospecting permit or mining permit, the lessor's right to cancel is revived.
SB622, s. 354
7Section
354. 107.30 (8) of the statutes is amended to read:
SB622,120,98
107.30
(8) "Mining" or "mining operation" has the meaning set forth in s.
144.81
9(5) 293.01 (9).
SB622, s. 355
10Section
355. 107.30 (15) of the statutes is amended to read:
SB622,120,1211
107.30
(15) "Prospecting" has the meaning set forth in s.
144.81 (12) 293.01
12(18).
SB622, s. 356
13Section
356. 107.30 (16) of the statutes is amended to read:
SB622,120,1514
107.30
(16) "Prospecting site" has the meaning set forth in s.
144.81 (13n) 15293.01 (21).
SB622, s. 357
16Section
357. 109.09 (2) of the statutes is amended to read:
SB622,121,1117
109.09
(2) The department, under its authority under sub. (1) to maintain
18actions for the benefit of employes, or an employe who brings an action under s.
19109.03 (5) shall have a lien upon all property of the employer, real or personal, located
20in this state for the full amount of any wage claim or wage deficiency. A lien under
21this subsection takes effect when the department or employe files a verified petition
22claiming the lien with the clerk of the circuit court of the county in which the services
23or some part of the services were performed pays the fee specified in s. 814.61 (5) to
24that clerk of circuit court and serves a copy of that petition on the employer by
25personal service in the same manner as a summons is served under s. 801.11 or by
1certified mail with a return receipt requested. The department or employe must file
2the petition within 2 years after the date that the wages were due. The petition shall
3specify the nature of the claim and the amount claimed, describe the property upon
4which the claim is made and state that the petitioner claims a lien on that property.
5The lien shall take precedence over all other debts, judgments, decrees, liens or
6mortgages against the employer, except a lien under s.
144.442 (9) 292.31 (8) (i),
7144.76 (13) or 144.77 292.41 (6) (d)
or 292.81, and may be enforced in the manner
8provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such provisions are
9applicable. The lien ceases to exist if the department or the employe does not bring
10an action to enforce the lien within the period prescribed in s. 893.44 for the
11underlying wage claim.
SB622, s. 358
12Section
358. 110.07 (1) (a) 1. of the statutes is amended to read:
SB622,121,1613
110.07
(1) (a) 1. Enforce and assist in the administration of this chapter and
14chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b),
15159.81 and 167.31 (2) (b) to (d)
and 287.81 and ch. 350 where applicable to highways,
16or orders or rules issued pursuant thereto.
SB622, s. 359
17Section
359. 110.07 (1) (a) 3. of the statutes is amended to read:
SB622,121,2218
110.07
(1) (a) 3. Have authority to enter any place where vehicles subject to this
19chapter, ss.
159.81 and 167.31 (2) (b) to (d)
and 287.81 and chs. 194, 218 and 341 to
20350 are stored or parked at any time to examine such vehicles, or to stop such vehicles
21while en route at any time upon the public highways to examine the same and make
22arrests for all violations thereof.
SB622, s. 360
23Section
360. 110.07 (1) (b) of the statutes is amended to read:
SB622,122,324
110.07
(1) (b) All municipal judges, judges, district attorneys and law
25enforcement officers shall assist in enforcing this chapter, ss.
159.81 and 167.31 (2)
1(b) to (d)
and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued
2pursuant thereto and shall report to the department the disposition of every uniform
3traffic citation issued for cases involving those chapters.
SB622, s. 361
4Section
361. 110.20 (1) (ac) of the statutes is amended to read:
SB622,122,65
110.20
(1) (ac) "Air pollution control equipment" has the meaning given in s.
6144.42 285.30 (6) (a) 1.
SB622, s. 362
7Section
362. 110.20 (1) (b) of the statutes is amended to read:
SB622,122,118
110.20
(1) (b) "Nonexempt vehicle" means any motor vehicle as defined under
9s. 340.01 (35) which is owned by the United States or which is required to be
10registered in this state and to which one or more emission limitations adopted under
11s.
144.42 285.30 (2) applies.
SB622, s. 363
12Section
363. 110.20 (3) (a) of the statutes is amended to read:
SB622,122,1513
110.20
(3) (a) The inspection and maintenance program shall be designed to
14determine compliance with the emission limitations promulgated under s.
144.42 15285.30 (2) and compliance with s.
144.42 285.30 (6).
SB622, s. 364
16Section
364. 110.20 (5) (a) of the statutes is amended to read:
SB622,122,1917
110.20
(5) (a) Any county identified in a certification under s.
144.42 285.30 (3).
18The department shall terminate the program in the county at the end of the
19contractual period in effect when the county is withdrawn under s.
144.42 285.30 (4).
SB622,123,222
110.20
(6) (b) The program shall require an air pollution control equipment
23inspection to determine compliance with s.
144.42
285.30 (6) of any nonexempt
24vehicle customarily kept in a county identified in sub. (5) whenever a nontransient
1emissions inspection is performed or at the time of application for a waiver under
2sub. (13).
SB622, s. 366
3Section
366. 110.20 (13) (c) 2. of the statutes is amended to read:
SB622,123,64
110.20
(13) (c) 2. Costs necessary to repair or replace any emissions control
5system or mechanism which has been removed, dismantled or rendered inoperative
6in violation of s.
144.42 285.30 (6) or rules promulgated under that section.
SB622, s. 367
7Section
367. Chapter 144 (title) of the statutes is repealed.
SB622, s. 368
8Section
368. Subchapter I (title) of chapter 144 [precedes 144.01] of the
9statutes is repealed.
SB622, s. 370
12Section
370. Subchapter II (title) of chapter 144 [precedes 144.02] of the
13statutes is repealed.
SB622, s. 371
14Section
371. 144.02 (title) of the statutes is repealed.
SB622, s. 372
15Section
372. 144.02 of the statutes is renumbered 281.13 (1), and 281.13 (1)
16(b), as renumbered, is amended to read:
SB622,123,1917
281.13
(1) (b) The department is hereby empowered and instructed to make the
18necessary rules and regulations, in conjunction with the U.S. geological department,
19to carry this
section subsection into effect.
SB622, s. 373
20Section
373. 144.025 (title) of the statutes is repealed.
SB622, s. 374
21Section
374. 144.025 (1) of the statutes is renumbered 281.11 and amended
22to read:
SB622,124,19
23281.11 Statement of policy and purpose. The department
of natural
24resources shall serve as the central unit of state government to protect, maintain and
25improve the quality and management of the waters of the state, ground and surface,
1public and private. Continued pollution of the waters of the state has aroused
2widespread public concern. It endangers public health and threatens the general
3welfare. A comprehensive action program directed at all present and potential
4sources of water pollution whether home, farm, recreational, municipal, industrial
5or commercial is needed to protect human life and health, fish and aquatic life, scenic
6and ecological values and domestic, municipal, recreational, industrial, agricultural
7and other uses of water. The purpose of this
section
subchapter is to grant necessary
8powers and to organize a comprehensive program under a single state agency for the
9enhancement of the quality management and protection of all waters of the state,
10ground and surface, public and private. To the end that these vital purposes may be
11accomplished, this
section subchapter and all rules and orders promulgated under
12this
section subchapter shall be liberally construed in favor of the policy objectives
13set forth in this
section subchapter. In order to achieve the policy objectives of this
14section subchapter, it is the express policy of the state to mobilize governmental effort
15and resources at all levels, state, federal and local, allocating such effort and
16resources to accomplish the greatest result for the people of the state as a whole.
17Because of the importance of Lakes Superior and Michigan and Green Bay as vast
18water resource reservoirs, water quality standards for those rivers emptying into
19Lakes Superior and Michigan and Green Bay shall be as high as is practicable.
Note: In the current statutes, this statement of policy and purpose applies to s.
144.025. Current s. 144.025 contains a variety of water quality-related powers and duties
of the DNR. This bill makes s. 144.025 a separate subchapter of the statutes and
reorganizes it so that similar powers and duties of the DNR are grouped together.
This bill also includes in the new water quality subchapter several sections of the
statutes that are not a part of current s. 144.025. These are s. 144.02, sanitary survey
[renumbered s. 281.13 (1)], s. 144.14, nondegradable detergents prohibited [renumbered
s. 281.17 (6)] and s. 144.15, mercury discharge [renumbered s. 281.17 (7)]. The special
committee recognizes that one effect of including these 3 provisions is to expand the scope
of any references to new subch. II of ch. 281. However, these 3 provisions are so similar
in subject matter to the provisions in current s. 144.025 that the reorganization will cause
no substantive change in the effect of most references to new subch. II of ch. 281.
In one instance [see s. 144.03, as renumbered and amended], the cross-reference
establishes duties of industrial establishment owners based on regulation under current
s. 144.025 (2). The new cross-reference excludes the provisions related to nondegradable
detergents and mercury discharge, because including those facilities would clearly
expand the scope of the cross-reference.
SB622, s. 375
1Section
375. 144.025 (2) (title) of the statutes is repealed.
SB622, s. 376
2Section
376. 144.025 (2) (a) of the statutes is renumbered 281.12 (1).
SB622, s. 377
3Section
377. 144.025 (2) (b) of the statutes is renumbered 281.15, and 281.15
4(2) (e) and (3) to (5), as renumbered, are amended to read:
SB622,125,105
281.15
(2) (e) Develop a technical support document which identifies the
6scientific data utilized, the margin of safety applied and any facts and
7interpretations of those data applied in deriving the water quality criteria, including
8the persistence, degradability and nature and effects of each substance on the
9designated uses, and which provides a summary of the information considered under
10this
paragraph section.
SB622,125,13
11(3) Subdivision 2. Subsection (2) does not apply to rules promulgated under
12this
paragraph section by the department for any substance before November 10,
131987.
SB622,125,17
14(4) By April 1, 1989, the department shall review, in accordance with
subd. 2. 15sub. (2), and as necessary revise all water quality criteria, except those for dissolved
16oxygen, temperature, pH and ammonia, adopted under this
paragraph section before
17November 10, 1987.
SB622,125,19
18(5) The department shall comply with this
paragraph section with respect to
19all water quality criteria adopted or revised after November 10, 1987.
SB622, s. 378
20Section
378. 144.025 (2) (c) of the statutes is renumbered 281.19 (1).
SB622, s. 379
21Section
379. 144.025 (2) (d) of the statutes is renumbered 281.19 (2) and
22amended to read:
SB622,126,11
1281.19
(2) (a) The department may issue special orders directing particular
2owners to secure such operating results toward the control of pollution of the waters
3of the state as the department prescribes, within a specified time. Pending efforts
4to comply with any order, the department may permit continuance of operations on
5such conditions as it prescribes. If any owner cannot comply with an order within
6the time specified, the owner may, before the date set in the order, petition the
7department to modify the order. The department may modify the order, specifying
8in writing the reasons therefor. If any order is not complied with within the time
9period specified, the department shall immediately notify the attorney general of
10this fact. Within 30 days thereafter, the attorney general shall forthwith commence
11an action under s.
144.98 299.95.
SB622,126,1712
(b) The department may issue temporary emergency orders without prior
13hearing when the department determines that the protection of the public health
14necessitates such immediate action. Such emergency orders shall take effect at such
15time as the department determines. As soon as is practicable, the department shall
16hold a public hearing after which it may modify or rescind the temporary emergency
17order or issue a special order under
subd. 1 par. (a).
SB622, s. 380
18Section
380. 144.025 (2) (e) of the statutes is renumbered 281.17 (1) and
19amended to read:
SB622,127,1320
281.17
(1) No wells shall be constructed, installed or operated to withdraw
21water from underground sources for any purpose where the capacity and rate of
22withdrawal of all wells on one property is in excess of 100,000 gallons a day without
23first obtaining the approval of the department. If s.
144.026 281.35 applies to the
24proposed construction, the application shall comply with s.
144.026 281.35 (5) (a).
25If the department finds that the proposed withdrawal will adversely affect or reduce
1the availability of water to any public utility in furnishing water to or for the public
2or does not meet the grounds for approval specified under s.
144.026 281.35 (5) (d),
3if applicable, it shall either withhold its approval or grant a limited approval under
4which it imposes such conditions as to location, depth, pumping capacity, rate of flow
5and ultimate use so that the water supply of any public utility engaged in furnishing
6water to or for the public will not be impaired and the withdrawal will conform to the
7requirements of s.
144.026 281.35, if applicable. The department shall require each
8person issued an approval under this
paragraph subsection to report that person's
9volume and rate of withdrawal, as defined under s.
144.026 281.35 (1) (m), and that
10person's volume and rate of water loss, as defined under s.
144.026 281.35 (1) (L), if
11any, in the form and at the times specified by the department. The department may
12issue general or special orders it considers necessary to ensure prompt and effective
13administration of this
paragraph subsection.
SB622, s. 381
14Section
381. 144.025 (2) (f) of the statutes is renumbered 281.19 (3).
SB622, s. 382
15Section
382. 144.025 (2) (g) of the statutes is renumbered 281.13 (3).
SB622, s. 383
16Section
383. 144.025 (2) (h) of the statutes is renumbered 281.12 (3).
SB622, s. 384
17Section
384. 144.025 (2) (i) of the statutes is renumbered 281.17 (2).
SB622, s. 385
18Section
385. 144.025 (2) (j) of the statutes is renumbered 281.12 (5).
SB622, s. 386
19Section
386. 144.025 (2) (k) of the statutes is renumbered 281.19 (4).
SB622, s. 387
20Section
387. 144.025 (2) (L) of the statutes is renumbered 281.17 (3) and
21amended to read:
SB622,128,1722
281.17
(3) The department shall promulgate rules establishing an examining
23program for the certification of operators of waterworks, wastewater treatment
24plants and septage servicing vehicles operated under a license issued under s.
146.20 25281.48 (3), setting such standards as the department finds necessary to accomplish
1the purposes of this chapter
and chs. 285 and 289 to 299, including requirements for
2continuing education. The department may charge applicants a fee for certification.
3All moneys collected under this
paragraph subsection for the certification of
4operators of waterworks, wastewater treatment plants and septage servicing
5vehicles shall be credited to the appropriation under s. 20.370 (2) (bL). No person
6may operate a waterworks, wastewater treatment plant or septage servicing vehicle
7without a valid certificate issued under this
paragraph subsection. The department
8may suspend or revoke a certificate issued under this
paragraph subsection for a
9violation of any statute or rule relating to the operation of a waterworks or
10wastewater treatment plant or to septage servicing, for failure to fulfill the
11continuing education requirements or as provided under s. 145.245 (3). The owner
12of any wastewater treatment plant shall be, or shall employ, an operator certified
13under this
paragraph subsection who shall be responsible for plant operations,
14unless the department by rule provides otherwise. In this
paragraph subsection,
15"wastewater treatment plant" means a system or plant used to treat industrial
16wastewater, domestic wastewater or any combination of industrial wastewater and
17domestic wastewater.
SB622, s. 388
18Section
388. 144.025 (2) (m) of the statutes is renumbered 281.19 (6).
SB622, s. 389
19Section
389. 144.025 (2) (q) of the statutes is renumbered 281.17 (5).
SB622, s. 390
20Section
390. 144.025 (2) (r) of the statutes is renumbered 281.19 (5) and
21amended to read:
SB622,129,722
281.19
(5) If the department finds that a system or plant tends to create a
23nuisance or menace to health or comfort, it shall order the owner or the person in
24charge to secure such operating results as the department prescribes, within a
25specified time. If the order is not complied with, the department may order
1designated changes in operation, and if necessary, alterations or extension to the
2system or plant, or a new system or plant. If the department finds that the absence
3of a municipal system or plant tends to create a nuisance or menace to health or
4comfort, it may order the city, village, town or town sanitary district embracing the
5area where such conditions exist to prepare and file complete plans of a corrective
6system as provided by s.
144.04 281.41, and to construct such system within a
7specified time.
SB622, s. 391
8Section
391. 144.025 (2) (s) of the statutes is renumbered 281.19 (7) and
9amended to read:
SB622,129,1610
281.19
(7) In cases of noncompliance with any order issued under
par. (d), (r) 11sub. (2) or (5) or
(u) s. 281.20 (1), the department may take the action directed by the
12order, and collect the costs thereof from the owner to whom the order was directed.
13The department shall have all the necessary powers needed to carry out this
14paragraph subsection including powers granted municipalities under ss. 66.076 and
1566.20 to 66.26. It shall also be eligible for financial assistance under ss.
144.21,
16144.24, 144.241 281.55, 281.57, 281.58 and
144.2415 281.59.
SB622, s. 392
17Section
392. 144.025 (2) (t) of the statutes is renumbered 281.17 (8).
SB622, s. 393
18Section
393. 144.025 (2) (u) of the statutes is renumbered 281.20 (1) and
19amended to read:
SB622,129,2120
281.20
(1) Under the procedure specified in
par. (v) sub. (3), the department
21may do any of the following:
SB622,130,922
(a) Order or cause the abatement of pollution which the department, in
23consultation with the department of agriculture, trade and consumer protection if
24the source is agricultural, has determined to be significant and caused by a nonpoint
25source, as defined in s.
144.25 281.65 (2) (b), including pollution which causes the
1violation of a water quality standard, pollution which significantly impairs aquatic
2habitat or organisms, pollution which restricts navigation due to sedimentation,
3pollution which is deleterious to human health or pollution which otherwise
4significantly impairs water quality, except that under this
subdivision paragraph the
5department may not order or cause the abatement of any pollution caused primarily
6by animal waste or of pollution from an agricultural source that is located in a
7priority watershed or priority lake area unless the source is designated as a critical
8site in a priority watershed or priority lake plan under s.
144.25 281.65 (5m) or a
9modification to such a plan under s.
144.25 281.65 (5s).
SB622,130,1410
(b) If it provided notice under s.
144.25 281.65 (5w), order the owner or operator
11of a source that is designated as a critical site in a priority watershed or priority lake
12plan under s.
144.25 281.65 (5m) or in a modification to such a plan under s.
144.25 13281.65 (5s) to implement best management practices, but not with respect to any
14pollution caused primarily by animal waste.
SB622, s. 394
15Section
394. 144.025 (2) (v) of the statutes is renumbered 281.20 (3), and
16281.20 (3) (a) to (c) and (d) (intro.) and 4., as renumbered, are amended to read:
SB622,130,2117
281.20
(3) (a) 1. If the department determines that it is authorized to issue an
18order under
par. (u) 1. sub. (1) (a) to abate pollution caused by a nonpoint source, the
19department shall send a written notice of intent to issue the order to abate the
20pollution to the person whom the department determines to be responsible for the
21nonpoint source.