SB622: Bill Text

SB622, s. 955 Section 955. 166.22 (1) (a) of the statutes is amended to read:

SB622,387,11 166.22 (1) (a) "Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

SB622, s. 956 Section 956. 166.22 (1) (b) of the statutes is amended to read:

SB622,387,14 166.22 (1) (b) "Hazardous substance" has the meaning given in s. 144.01 (4m) 299.01 (6).

SB622, s. 957 Section 957. 166.22 (3) of the statutes is amended to read:

SB622,387,22 166.22 (3) If action required under sub. (2) is not being adequately taken or the identity of the person responsible for a discharge of a hazardous substance is unknown and the discharge threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances established by the department of natural resources under s. 144.76 292.11 (5) and that it considers appropriate under the circumstances.

SB622, s. 958 Section 958. 168.04 of the statutes is amended to read:

SB622,388,8 168.04 Standards. The department by rule shall prescribe minimum product grade specifications for gasoline, reformulated gasoline, as defined in s. 144.3716 285.37 (1), and kerosene and may prescribe product grade specifications for automotive gasoline, gasoline-alcohol fuel blends, aviation gasoline, fuel oils and diesel fuels. Automotive gasoline specifications shall include lead content. The rules shall, to the extent feasible, be in conformity with nationally recognized standards, specifications and classifications, such as those published by the American society for testing and materials, the society of automotive engineers and the U.S. environmental protection agency. The department may not promulgate or enforce a rule prohibiting additional information from placement on the dispensing device.

SB622, s. 959 Section 959. 168.11 (1) (b) 2. of the statutes, as created by 1995 Wisconsin Act 51, is amended to read:

SB622,388,18 168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 144.3716 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as "methyl tertiary butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.

SB622, s. 960 Section 960. 196.49 (2) of the statutes is amended to read:

SB622,389,10 196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 144.026 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

SB622, s. 961 Section 961. 196.491 (3) (d) 3. of the statutes is amended to read:

SB622,389,18 196.491 (3) (d) 3. The design and location or route is in the public interest considering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors. In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426 ch. 285.

SB622, s. 962 Section 962. 196.491 (3) (d) 4. of the statutes is amended to read:

SB622,390,2 196.491 (3) (d) 4. The proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use. In its consideration of the impact on other environmental values, the commission may not determine that the proposed facility will have an undue adverse impact on these values because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426 ch. 285.

SB622, s. 963 Section 963. 196.856 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,390,9 196.856 (1) The commission shall annually assess against the major utilities, as defined under s. 144.386 285.41 (1) (f), the total, not to exceed $400,000, of the amount appropriated under s. 20.370 (2) (cj) for acid deposition studies and evaluation and monitoring activities conducted by the department of natural resources.

SB622, s. 964 Section 964. 196.98 of the statutes is amended to read:

SB622,390,17 196.98 Water reporting required. The commission shall ensure that each public utility to which s. 144.026 281.35 applies shall comply with the requirements of that section and shall report its volume and rate of withdrawal, as defined under s. 144.026 281.35 (1) (m), and its volume and rate of water loss, as defined under s. 144.026 281.35 (1) (L), if any, to the commission in the form and at the times specified by the department of natural resources. The commission shall provide the information reported under this section to the department of natural resources.

SB622, s. 965 Section 965. 214.495 (1) of the statutes is amended to read:

SB622,390,23 214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

SB622, s. 966 Section 966. 215.21 (4) (a) of the statutes is amended to read:

SB622,391,5 215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

SB622, s. 967 Section 967. 227.01 (13) (ym) of the statutes is amended to read:

SB622,391,8 227.01 (13) (ym) Establishes conditions for a waiver to allow the burning of brush or other woody material under s. 159.07 287.07 (7) (e).

SB622, s. 968 Section 968. 227.01 (13) (z) of the statutes is amended to read:

SB622,391,10 227.01 (13) (z) Defines or lists nonattainment areas under s. 144.371 285.23.

SB622, s. 969 Section 969. 227.01 (13) (zc) of the statutes is amended to read:

SB622,391,13 227.01 (13) (zc) Establishes an inventory or a hazard ranking under s. 144.442 292.31.

SB622, s. 970 Section 970. 227.01 (13) (zi) of the statutes is amended to read:

SB622,391,17 227.01 (13) (zi) Lists responsible units, as defined in s. 159.01 287.01 (9), and out-of-state units, as defined in s. 159.01 287.01 (5), with an effective recycling program under s. 159.11 287.11 (3).

SB622, s. 971 Section 971. 227.01 (13) (zp) of the statutes is amended to read:

SB622,391,20 227.01 (13) (zp) Establishes water quality objectives for priority watersheds or priority lakes under s. 144.25 281.65 (4) (dm).

SB622, s. 972 Section 972. 227.03 (2) of the statutes is amended to read:

SB622,391,24 227.03 (2) Except as provided in s. 108.105, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65 (2), 144.445 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108 or 949.

SB622, s. 973 Section 973. 227.42 (4) of the statutes is amended to read:

SB622,392,2 227.42 (4) This section does not apply if a hearing on the matter was conducted as a part of a hearing under s. 144.836 293.43.

SB622, s. 974 Section 974. 227.42 (5) of the statutes is amended to read:

SB622,392,10 227.42 (5) Except as provided under s. 144.44 (2) (m) 289.27 (1), this section does not apply to any part of the process for approving a feasibility report, plan of operation or license under s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31, any decision by the department of natural resources relating to the environmental impact of a proposed action under ss. 144.43 to 144.47 or 144.60 to 144.74 ch. 289 or 291 or ss. 292.31 and 292.35, or any part of the process of negotiation and arbitration under s. 144.445 289.33.

SB622, s. 975 Section 975. 227.42 (6) of the statutes is amended to read:

SB622,392,13 227.42 (6) This section does not apply to a decision issued or a hearing conducted under s. 144.645 291.87.

SB622, s. 976 Section 976. 234.01 (4n) (a) 8. of the statutes is amended to read:

SB622,392,15 234.01 (4n) (a) 8. Facilities for recycling as defined in s. 159.13 287.13 (1) (h).

SB622, s. 977 Section 977. 234.67 (1) (g) of the statutes is amended to read:

SB622,392,18 234.67 (1) (g) "Postconsumer waste" has the meaning given in s. 159.01 287.01 (7).

SB622, s. 978 Section 978. 234.69 (1) (c) of the statutes is amended to read:

SB622,392,21 234.69 (1) (c) "Nonattainment area" has the meaning given in s. 144.30 (21) 285.01 (30).

SB622, s. 979 Section 979. 234.69 (2) (b) 2. and 3. of the statutes are amended to read:

SB622,392,24 234.69 (2) (b) 2. Sections 144.30 to 144.403 Chapter 285, except ss. 285.30, 285.31, 285.55, 285.57, 285.59, 285.73, 285.77, 285.83, 285.85 and 285.87.

SB622,392,25 3. A local air pollution control program established under s. 144.41 285.73.

SB622, s. 980 Section 980. 234.87 (1) (ae) of the statutes is amended to read:

SB622,393,3 234.87 (1) (ae) "Best management practices" has the meaning given in s. 144.25 281.65 (2) (a).

SB622, s. 981 Section 981. 234.87 (1) (as) of the statutes is amended to read:

SB622,393,5 234.87 (1) (as) "Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

SB622, s. 982 Section 982. 234.87 (1) (b) of the statutes is amended to read:

SB622,393,8 234.87 (1) (b) "Priority lake area" has the meaning given in s. 144.25 281.65 (2) (bs).

SB622, s. 983 Section 983. 234.87 (1) (c) of the statutes is amended to read:

SB622,393,11 234.87 (1) (c) "Priority watershed" has the meaning given in s. 144.25 281.65 (2) (c).

SB622, s. 984 Section 984. 234.87 (3) (b) 1. of the statutes is amended to read:

SB622,393,14 234.87 (3) (b) 1. A priority watershed or priority lake area in which the program under s. 144.25 281.65 is implemented after May 16, 1992.

SB622, s. 985 Section 985. 236.13 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,394,4 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state , as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 144.01 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of commerce determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB622, s. 986 Section 986. 254.36 (2) of the statutes is amended to read:

SB622,394,11 254.36 (2) The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 144.83 (4) (i), 144.833 and 166.03 (2) (b) 6., 293.15 (8) and 293.25.

SB622, s. 987 Section 987. Chapter 281 of the statutes is created to read:

SB622,394,13 Chapter 281

SB622,394,14 water and sewage

SB622,394,15 subchapter i

SB622,394,17 definitions (precedes 281.01)

SB622,394,18 281.01 Definitions. In this chapter, unless the context requires otherwise:

SB622,394,19 (3) "Department" means the department of natural resources.

SB622,394,21 (4) "Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.

SB622,394,24 (5) "Industrial wastes" includes liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.

SB622,395,3 (6) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,395,9 (7) "Other wastes" includes 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.

SB622,395,13 (8) "Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.

SB622,395,16 (9) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,395,19 (10) "Pollution" includes contaminating or rendering unclean or impure the 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.

SB622,395,21 (11) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.

SB622,395,22 (12) "Secretary" means the secretary of natural resources.

SB622,395,25 (13) "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.

SB622,396,3 (14) "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.

SB622,396,12 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).

SB622,396,14 (16) "System or plant" includes water and sewerage systems and sewage and refuse disposal plants.

SB622,396,15 (17) "Wastewater" means all sewage.

SB622,396,20 (18) "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.

SB622,396,22 (19) "Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.

SB622,396,25 (20) "Waterworks" or "water system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served, and service pipes from building to street main.