SB622: Bill Text

SB622,409,17 subchapter v ENFORCEMENT; PENALTIES (precedes 291.85)

SB622, s. 993 Section 993. Chapter 292 of the statutes is created to read:

SB622,409,20 Chapter 292 remedial action

SB622,409,22 SUBCHAPTER I DEFINITIONS

SB622,409,23 (precedes 292.01)

SB622,409,24 292.01 Definitions. In this chapter:

SB622,409,25 (1) "Approved facility" has the meaning given in s. 289.01 (3).

SB622,410,1 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4).

SB622,410,2 (2) "Department" means the department of natural resources.

SB622,410,6 (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.

SB622,410,14 (5) "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.

SB622,410,16 (6) "Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05.

SB622,410,17 (7) "Landfill" means a solid waste facility for solid waste disposal.

SB622,410,19 (10) "Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.

SB622,410,22 (11) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,410,23 (12) "Nonapproved facility" has the meaning given in s. 289.01 (24).

SB622,411,3 (13) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,411,4 (17) "Secretary" means the secretary of natural resources.

SB622,411,5 (19) "Solid waste" has the meaning given under s. 289.01 (33).

SB622,411,8 SUBCHAPTER II REMEDIAL ACTION (precedes 292.11)

SB622,411,11 292.11 (13) Lien. Any expenditures made by the department under sub. (4), (6) or (8) shall constitute a lien upon the property for which the expenses are incurred, as provided in s. 292.81.

SB622,411,12 292.21 Responsibility of lenders and representatives.

SB622,411,15 292.37 Confidentiality of records. (1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35 are public records subject to s. 19.21.

SB622,411,19 (2) Confidential records. (a) Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35.

SB622,411,25 (b) Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.

SB622,412,6 (c) Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.

SB622,412,23 (d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of ss. 292.31 and 292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

SB622,413,3 SUBCHAPTER III ENFORCEMENT; PENALTIES (precedes 292.93)

Note: The enforcement and penalty provisions in ss. 292.93 to 292.98 duplicate the enforcement and penalty provisions in ss. 144.431 (2) (b), 144.465 and 144.47. This duplication is necessary to preserve the enforcement and penalty provisions applicable to ss. 144.442 (4) to (9), (10) and (11) and 144.4422 which are renumbered to this chapter.

SB622,413,6 292.93 Orders. The department may issue orders to effectuate the purposes of ss. 292.31 and 292.35 and enforce the same by all appropriate administrative and judicial proceedings.

SB622,413,11 292.95 Review of alleged violations; environmental repair and cost recovery. Any 6 or more citizens or any municipality may petition for a review of an alleged violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under those sections in the following manner:

SB622,413,16 (1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.

SB622,413,17 (2) Upon receipt of a petition under this section, the department may:

SB622,413,20 (a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227. Within 60 days after the close of the hearing, the department shall either:

SB622,413,23 1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227; or

SB622,414,1 2. Dismiss the petition.

SB622,414,2 (b) Initiate action under s. 292.98.

SB622,414,5 (3) If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.

SB622,414,9 292.98 Violations and enforcement; environmental repair and cost recovery. (1) (a) If the department has reason to believe that a violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sections occurred, it may:

SB622,414,19 1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or

SB622,414,20 2. Initiate action under s. 299.95.

SB622,415,2 (b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.

SB622,415,7 292.99 Penalties. (1) Any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

SB622,415,15 (2) In addition to the penalties provided under sub. (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 subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection 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, s. 994 Section 994. Chapter 293 of the statutes is created to read:

SB622,415,18 Chapter 293 Metallic Mining

SB622,415,21 Subchapter I Definitions (precedes 293.01)

SB622,415,25 293.01 (1m) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.

SB622,416,1 (3) "Department" means the department of natural resources.

SB622,416,5 (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.

SB622,416,8 (16) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,416,9 (27) "Solid waste" has the meaning given under s. 281.01 (15).

SB622,416,14 (29) "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.

SB622,416,16 (30) "Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.

SB622,416,19 Subchapter II Administration (precedes 293.11)

SB622,416,20 293.13 Department duties.

SB622,416,21 293.15 Department powers.

SB622,416,24 Subchapter III Exploration (precedes 293.21)

SB622,417,3 Subchapter IV Prospecting; Mining; Reclamation (precedes 293.31)

SB622,417,4 293.35 Application for prospecting permit.

SB622,417,5 293.37 Application for mining permit.

SB622,417,10 (3) (a) A reclamation plan shall accompany all applications for mining permits. If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the plan shall set forth the reasons therefor and shall discuss alternative conditions and uses to which the affected area can be put.

SB622,417,13 (b) The reclamation plan shall specify how the applicant intends to accomplish, to the fullest extent possible, compliance with the minimum standards under s. 293.13 (2) (c).

SB622,417,14 293.43 (1) Applicability.

SB622,417,15 293.45 Prospecting; department grant or denial of permit.

SB622,417,16 293.49 Mining; department grant or denial of permit.

SB622,417,21 (7) The department, in granting a permit under this section, shall require the permit holder to perform adequate monitoring of environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from any bonds required.

SB622,417,22 293.53 Review of permits; periodic reports.

SB622,417,25 Subchapter V General Provisions; Enforcement (precedes 293.81)

SB622,418,1 293.85 Cancellation of permit.

SB622,418,7 293.87 (4) (a) Except for the violations enumerated in subs. (2) and (3), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

SB622,418,15 (b) In addition to the penalties provided under par. (a), 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 paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph 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, s. 995 Section 995. Chapter 295 of the statutes is created to read:

SB622,418,19 Chapter 295 nonmetallic mining reclamation; oil and gas

SB622,418,22 Subchapter I Nonmetallic Mining Reclamation (precedes 295.11)

SB622,418,23 295.11 (1) "Department" means the department of natural resources.

SB622,419,2 (2) "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.

SB622,419,5 (8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,419,14 (10) "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).

SB622,419,25 295.17 (2) Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 293 and 299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.

SB622,420,5 295.19 (3) (b) 1. Except for the violations enumerated in par. (a), any person who violates this subchapter or any rule promulgated or any plan approval, license or special order issued under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

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: