SB622, s. 134
22Section
134. 25.46 (7) of the statutes is amended to read:
SB622,57,2423
25.46
(7) The fees imposed under s.
144.442 (1m) 289.67 (1) for environmental
24repair.
SB622, s. 135
25Section
135. 25.46 (8) of the statutes is amended to read:
SB622,58,2
125.46
(8) The fees and surcharges imposed under s.
144.442 (2) and (3) 289.67
2(3) and (4) for environmental repair.
SB622, s. 136
3Section
136. 25.46 (9) of the statutes is amended to read:
SB622,58,54
25.46
(9) The moneys received from municipalities under s.
144.442 (8) 292.31
5(7) (c) for environmental repair.
SB622, s. 137
6Section
137. 25.46 (10) of the statutes is amended to read:
SB622,58,87
25.46
(10) The amounts required to be paid into the environmental fund under
8s.
144.442 (9) 292.31 (8) (g) for environmental repair.
SB622, s. 138
9Section
138. 25.46 (10m) of the statutes is amended to read:
SB622,58,1110
25.46
(10m) The moneys recovered under s.
144.442 (9m) (e) 292.61 (5) for
11environmental repair.
SB622, s. 139
12Section
139. 25.46 (11) of the statutes is amended to read:
SB622,58,1413
25.46
(11) The moneys received from reimbursements under s.
144.76 292.11 14(6) (c) 1. for environmental repair.
SB622, s. 140
15Section
140. 25.46 (12) of the statutes is amended to read:
SB622,58,1916
25.46
(12) The moneys received from the federal government as
17reimbursement under s.
144.76 292.11 (6) (c) 2. and for purposes related to the
18hazardous substances spills program, the abandoned container program and the
19environmental repair of waste facilities.
SB622, s. 141
20Section
141. 25.46 (13) of the statutes is amended to read:
SB622,58,2221
25.46
(13) The moneys received from reimbursements under s.
144.77 292.41 22(6) (c) for the abandoned container program.
SB622, s. 142
23Section
142. 25.46 (13m) of the statutes is amended to read:
SB622,59,3
125.46
(13m) The environmental assessments imposed under s.
144.992 299.93 2for environmental enforcement, environmental repair and environmental
3education.
SB622, s. 143
4Section
143. 25.46 (15) of the statutes is amended to read:
SB622,59,65
25.46
(15) The fees imposed under s.
146.20 281.48 (4s) (d) for groundwater
6management.
SB622, s. 144
7Section
144. 25.46 (16) of the statutes is amended to read:
SB622,59,98
25.46
(16) The fees imposed under s.
147.033 (1) 283.31 (7) for groundwater
9management.
SB622, s. 145
10Section
145. 25.46 (17) of the statutes is amended to read:
SB622,59,1211
25.46
(17) All moneys received from fees under s.
144.442 (1s) 289.67 (2) for
12environmental repair.
SB622,59,1615
25.46
(17m) All moneys received under s.
144.968 292.51 (2) for cooperative
16remedial action.
SB622, s. 147
17Section
147. 25.46 (18) of the statutes is amended to read:
SB622,59,1918
25.46
(18) All moneys received under s.
147.23 283.87 or as a settlement to any
19action initiated or contemplated under s.
147.23
283.87 for environmental repair.
SB622, s. 148
20Section
148. 25.49 (2) of the statutes is amended to read:
SB622,59,2121
25.49
(2) The fees imposed under s.
159.31 287.31.
SB622,60,3
127.019
(11) Enforce highway littering law. Such committee shall work out
2plans to enforce the provision of s.
159.81 287.81 (2) (a) prohibiting the depositing of
3solid waste on or along highways.
SB622, s. 150
4Section
150. 27.065 (10) (a) of the statutes is amended to read:
SB622,60,155
27.065
(10) (a) The special improvement bonds herein mentioned shall be equal
6liens against all lots, parts of lots or parcels of land against which special
7assessments have been made, without priority one over another, which liens shall
8take precedence of all other claims or liens thereon, except a lien under s.
144.442
9(9) 292.31 (8) (i),
144.76 (13) or 144.77 292.41 (6) (d)
or 292.81, and when issued shall
10transfer to the holders thereof all the right, title and interest of such county in and
11to the assessment made on account of the improvement mentioned therein and the
12liens thereby created, with full power to enforce the collection thereof by foreclosure
13in the manner mortgages on real estate are foreclosed. The time of redemption
14therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed
15as a part of the judgment roll in said action in lieu of the original thereof.
SB622, s. 151
16Section
151. 29.05 (8) (a) of the statutes is amended to read:
SB622,61,417
29.05
(8) (a) The department and its wardens shall seize and hold subject to
18the order of the court for the county in which the alleged offense was committed, any
19apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a
20public nuisance, which they have probable cause to believe is being used in violation
21of this chapter, an administrative rule promulgated under this chapter or s.
159.81, 22167.31,
287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the
23commission of a crime relating to a submerged cultural resource in violation of s.
2444.47. If it is proven that within 6 months previous to the seizure the apparatus,
25appliance, equipment, vehicle or device was used in violation of this chapter or an
1administrative rule promulgated under this chapter or s.
159.81, 167.31,
287.81, 2940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime
3relating to a submerged cultural resource in violation of s. 44.47, it shall be
4confiscated if the court directs in its order for judgment.
SB622, s. 152
5Section
152. 29.135 (1) (b) of the statutes is amended to read:
SB622,61,96
29.135
(1) (b) "Fish" means any processed or unprocessed fish of those species
7which are found in the waters of
this the state as defined in s.
144.01 (19) 281.01 (18),
8including parts of fish or fish products. "Fish" does not include minnows produced
9and sold or purchased as bait.
SB622, s. 153
10Section
153. 29.29 (3) (b) of the statutes is amended to read:
SB622,61,2511
29.29
(3) (b) No person may throw or deposit, or permit to be thrown or
12deposited, into any waters within the jurisdiction of the state any lime, oil, tar,
13garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted
14by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill
15shavings or waste material of any kind, or any acids or chemicals or waste or refuse
16arising from the manufacture of any article of commerce, or any other substance
17deleterious to game or fish life other than authorized drainage and sewage from
18municipalities and industrial or other wastes discharged from mines or commercial
19or industrial or ore processing plants or operations, through treatment and disposal
20facilities installed and operated in accordance with plans submitted to and approved
21by the department
of natural resources under
ch. 144 chs. 281, 285 or 289 to 299,
22except s. 281.48, or in compliance with orders of
that the department. Any such order
23shall be subject to modification by subsequent orders. Any person violating this
24paragraph shall forfeit not more than $200. Each day of a continuing violation is a
25separate offense.
SB622, s. 154
1Section
154. 30.01 (1b) of the statutes is amended to read:
SB622,62,32
30.01
(1b) "Authorized base level of water loss" has the meaning given under
3s.
144.026 281.35 (1) (b).
SB622, s. 155
4Section
155. 30.01 (7m) of the statutes is amended to read:
SB622,62,55
30.01
(7m) "Water loss" has the meaning given under s.
144.026 281.35 (1) (L).
SB622, s. 156
6Section
156. 30.01 (9) of the statutes is amended to read:
SB622,62,77
30.01
(9) "Withdrawal" has the meaning given under s.
144.026 281.35 (1) (m).
SB622, s. 157
8Section
157. 30.12 (4) (a) of the statutes is amended to read:
SB622,62,189
30.12
(4) (a) Activities affecting waters of the state as defined in s.
144.01 10281.01 (18) that are carried out under the direction and supervision of the
11department of transportation in connection with highway and bridge design,
12location, construction, reconstruction, maintenance and repair are not subject to the
13prohibitions or permit or approval requirements specified under this section or s.
1429.29, 30.11, 30.123, 30.195, 30.20, 59.971, 61.351, 62.231
, or 87.30 or
ch. 144 or 147 15chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time
16prior to the commencement of these activities, the department of transportation
17shall notify the department of the location, nature and extent of the proposed work
18that may affect the waters of the state.
SB622, s. 158
19Section
158. 30.124 (1) (intro.) of the statutes is amended to read:
SB622,62,2420
30.124
(1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44 and 30.45
21and if the department finds that the activity will not adversely affect public or private
22rights or interests in fish and wildlife populations, navigation or waterway flood flow
23capacity and will not result in environmental pollution, as defined in s.
144.01 (3) 24299.01 (4), the department may do all of the following on public lands or waters:
SB622, s. 159
25Section
159. 30.18 (2) (b) of the statutes is amended to read:
SB622,63,5
130.18
(2) (b)
Streams or lakes. No person, except a person required to obtain
2an approval under s.
144.04 281.41, may divert water from any lake or stream in this
3state without a permit under this section if the diversion will result in a water loss
4averaging 2,000,000 gallons per day in any 30-day period above the person's
5authorized base level of water loss.
SB622, s. 160
6Section
160. 30.18 (3) (b) of the statutes is amended to read:
SB622,63,107
30.18
(3) (b)
Application; streams or lakes. An application for a permit required
8under sub. (2) (b) shall be submitted in the form required under s.
144.026 281.35 (5)
9(a). If the diversion also meets either condition specified under sub. (2) (a), the
10application shall also comply with par. (a).
SB622, s. 161
11Section
161. 30.18 (4) (a) of the statutes is amended to read:
SB622,63,1912
30.18
(4) (a) Upon receipt of a complete application, the department shall
13follow the notice and hearing procedures under s. 30.02 (3) and (4). In addition to
14the notice requirements under s. 30.02 (3) and (4), the department shall mail a copy
15of the notice to every person upon whose land any part of the canal or any other
16structure will be located, to the clerk of the next town downstream, to the clerk of any
17village or city in which the lake or stream is located and which is adjacent to any
18municipality in which the diversion will take place and to each person specified in
19s.
144.026 281.35 (5) (b) or (6) (f), if applicable.
SB622, s. 162
20Section
162. 30.18 (4) (b) of the statutes is amended to read:
SB622,63,2321
30.18
(4) (b) If a hearing on the application for a permit is conducted as a part
22of a hearing under s.
144.836 293.43, the notice and hearing provisions in that section
23supersede the notice and hearing provisions of par. (a).
SB622, s. 163
24Section
163. 30.18 (5) (b) of the statutes is amended to read:
SB622,64,4
130.18
(5) (b)
Streams or lakes. The department shall approve an application
2for a permit required under sub. (2) (b) if the grounds for approval specified under
3s.
144.026 281.35 (5) (d) are met and, if the permit is also required under sub. (2) (a),
4if the department makes the determinations specified under par. (a).
SB622, s. 164
5Section
164. 30.18 (6) (a) of the statutes is amended to read:
SB622,64,96
30.18
(6) (a)
Contents of permit. The department shall specify on each permit
7issued under this section the quantity of water that may be diverted and the times
8during which water may be diverted. In addition, if the permit is one which is
9required under sub. (2) (b), the permit shall comply with s.
144.026 281.35 (6).
SB622, s. 165
10Section
165. 30.18 (6) (d) of the statutes is amended to read:
SB622,64,1511
30.18
(6) (d)
Review of permits. If the permit is one that is required under sub.
12(2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957,
13the department shall review the permit at least once every 5 years. If the permit is
14one that is required under sub. (2) (b), the department shall review the permit as
15required under s.
144.026 281.35 (6) (b).
SB622, s. 166
16Section
166. 30.18 (6m) (c) of the statutes is amended to read:
SB622,64,1817
30.18
(6m) (c) The department may revoke a permit issued under sub. (5) (b)
18only as provided under s.
144.026 281.35 (6).
SB622, s. 167
19Section
167. 30.19 (3) (b) of the statutes is amended to read:
SB622,64,2220
30.19
(3) (b) If a hearing on the application for a permit is conducted as a part
21of a hearing under s.
144.836 293.43, the notice, comment and hearing provisions in
22that section supersede the notice, comment and hearing provisions of par. (a).
SB622, s. 168
23Section
168. 30.19 (4) of the statutes is amended to read:
SB622,65,524
30.19
(4) Issuance of permit. If the department finds that the project will not
25injure public rights or interest, including fish and game habitat, that the project will
1not cause environmental pollution as defined in s.
144.01 (3) 299.01 (4), that any
2enlargement connected to navigable waterways conforms to the requirement of laws
3for the platting of land and for sanitation and that no material injury to the rights
4of any riparian owners on any body of water affected will result, the department shall
5issue a permit authorizing the enlargement of the affected waterways.
SB622, s. 169
6Section
169. 30.20 (2) (a) of the statutes is amended to read:
SB622,65,167
30.20
(2) (a) The department, whenever consistent with public rights, may
8enter into contracts on behalf of the state for the removal of any material from the
9bed of any navigable lake or any of the outlying waters, and for the lease or sale of
10the material. Every contract shall contain such conditions as may be necessary for
11the protection of the public interest and the interests of the state and shall fix the
12compensation to be paid to the state for material so removed, except that no
13compensation may be paid for the material if the contract is with a municipality as
14defined in s.
144.01 281.01 (6) and the material is to be used for a municipal purpose
15and not for resale. No contract entered into under this paragraph may run for a
16longer period than 5 years.
SB622, s. 170
17Section
170. 30.202 (3) of the statutes is amended to read:
SB622,65,2318
30.202
(3) Exemption from statutes and rules. Dredge spoil disposal activities
19authorized under sub. (2) are exempt from any prohibition, restriction, requirement,
20permit, license, approval, authorization, fee, notice, hearing, procedure or penalty
21specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971 or 87.30 or
ch. 144 or
22147 chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule
23promulgated, order issued or ordinance adopted under those sections or chapters.
SB622, s. 171
24Section
171. 30.202 (4) of the statutes is amended to read:
SB622,66,5
130.202
(4) Hazardous waste dredge spoil disposal. In consultation with the
2U.S. corps of engineers, the department shall establish special conditions and
3standards for the disposal of dredge spoils which are hazardous waste, as defined
4under s.
144.61 (5) 291.01 (7). These special conditions and standards shall be
5established to ensure that public health and the environment are protected.
SB622, s. 172
6Section
172. 30.203 (4) (d) of the statutes is amended to read:
SB622,66,87
30.203
(4) (d) It may not cause environmental pollution, as defined in s.
144.01
8(3) 299.01 (4).
SB622, s. 173
9Section
173. 30.204 (5) of the statutes is amended to read:
SB622,66,1810
30.204
(5) Exemption from certain statutes and rules. Activities of the
11department in conducting the lake acidification experiment are exempt from any
12prohibition, restriction, requirement, permit, license, approval, authorization, fee,
13notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03,
1430.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971, 87.30,
144.01 to 144.27, 144.43
15to 144.79, 144.96 to 144.99 or 159.81 287.81, 299.15 to 299.23, 299.91, 299.95 or
16299.97 or
ch. 147 chs. 281, 283 or 289 to 292 or specified in any rule promulgated,
17order issued or ordinance adopted under any of those sections or
that chapter 18chapters.
SB622, s. 174
19Section
174. 30.206 (1) of the statutes is amended to read:
SB622,67,320
30.206
(1) For activities which require a permit or approval under ss. 30.12 (3)
21(a) and 30.19 (1) (a), the department may issue a general permit authorizing a class
22of activities, according to rules promulgated by the department. Before issuing
23general permits, the department shall determine, after an environmental analysis
24and notice and hearing under ss. 227.17 and 227.18, that the cumulative adverse
25environmental impact of the class of activity is insignificant and that issuance of the
1general permit will not injure public rights or interest, cause environmental
2pollution, as defined in s.
144.01 (3) 299.01 (4), or result in material injury to the
3rights of any riparian owner.
SB622, s. 175
4Section
175. 30.21 (3) (a) of the statutes is amended to read:
SB622,67,65
30.21
(3) (a) Each public utility operating under a permit under this section on
6January 1, 1986, shall comply with s.
144.026 281.35 (2), if applicable.
SB622,67,119
30.28
(2m) (c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or
10144.0252 281.22 is applicable to a project, the department shall charge only the
11highest fee of those that are applicable.
SB622, s. 177
12Section
177. 30.40 (16) of the statutes is amended to read:
SB622,67,1313
30.40
(16) "Solid waste" has the meaning given in s.
144.01 (15) 289.01 (33).
SB622, s. 178
14Section
178. 30.45 (4m) (a) of the statutes is amended to read: