AB100, s. 3576
25Section
3576. 281.65 (3) (a) of the statutes is amended to read:
AB100,1447,2
1281.65
(3) (a) Review the
lists submitted under sub. (4) (c) and (cd) and reports
2submitted under sub. (4) (c)
, (cd) and (cg).
AB100, s. 3577
3Section
3577. 281.65 (3) (am) of the statutes is amended to read:
AB100,1447,54
281.65
(3) (am)
Designate Identify priority watersheds and priority lakes
5based on reports submitted under sub. (4) (c) and (cd)
as provided in sub. (3m).
AB100, s. 3578
6Section
3578. 281.65 (3m) of the statutes is created to read:
AB100,1447,167
281.65
(3m) (a) 1. No later than July 1, 1998, the board shall identify priority
8watersheds based on the list submitted under sub. (4) (c) and recommendations by
9the department and the department of agriculture, trade and consumer protection
10without regard to any priority watershed designations made before the board acts
11under this subdivision, except for priority watershed designations under sub. (4)
12(cm). The department and the department of agriculture, trade and consumer
13protection shall limit the number of watersheds that they recommend to the board
14to the number that they determine will enable the department to comply with sub.
15(4) (g) 9., assuming that the level of funding for the program under this section
16remains the same as on the effective date of this subdivision .... [revisor inserts date].
AB100,1447,2117
2. If a watershed is designated as a priority watershed before the board acts
18under subd. 1. and the board does not identify the watershed as a priority watershed
19under subd. 1., the board shall terminate the watershed's designation as a priority
20watershed. This subdivision does not apply to priority watershed designations made
21under sub. (4) (cm).
AB100,1447,2522
(b) 1. No later than July 1, 1998, the board shall identify priority lakes based
23on the list submitted under sub. (4) (cd) and recommendations by the department
24and the department of agriculture, trade and consumer protection without regard to
25any priority lake designations made before the board acts under this subdivision.
AB100,1448,3
12. If a lake is designated as a priority lake before the board acts under subd.
21. and the board does not identify the lake as a priority lake under subd. 1., the board
3shall terminate the lake's designation as a priority lake.
AB100,1448,74
(c) If the board terminates a priority watershed or priority lake designation
5under this subsection, the board shall review the status of the project in the priority
6watershed or priority lake area and direct the department to continue, modify or
7eliminate funding for the project.
AB100, s. 3579
8Section
3579. 281.65 (4) (c) of the statutes is repealed and recreated to read:
AB100,1448,139
281.65
(4) (c) Prepare a list of the watersheds in this state in order of the level
10of impairment of the waters in each watershed caused by nonpoint source pollution,
11taking into consideration the location of impaired water bodies that the department
12has identified to the federal environmental protection agency under
33 USC 1313 (d)
13(1) (A), and submit the list to the board no later than January 1, 1998.
AB100, s. 3580
14Section
3580. 281.65 (4) (cd) of the statutes is repealed and recreated to read:
AB100,1448,1915
281.65
(4) (cd) Prepare a list of the lakes in this state in order of the level of
16impairment of the waters in the lakes caused by nonpoint source pollution, taking
17into consideration the location of impaired water bodies that the department has
18identified to the federal environmental protection agency under
33 USC 1313 (d) (1)
19(A), and submit the list to the board no later than January 1, 1998.
AB100, s. 3581
20Section
3581. 281.65 (4) (dm) of the statutes is amended to read:
AB100,1448,2321
281.65
(4) (dm) Establish water quality objectives
for each water basin and for
22each priority watershed and priority lake and identify the best management
23practices to achieve the water quality objectives.
AB100, s. 3582
24Section
3582. 281.65 (4) (e) of the statutes is amended to read:
AB100,1449,15
1281.65
(4) (e) Promulgate rules, in consultation with the department of
2agriculture, trade and consumer protection, as are necessary for the proper
3execution and administration of the program under this section. Before
4promulgating rules under this paragraph, the department shall submit the rules to
5the land and water conservation board for review under sub. (3) (at). The rules shall
6include standards and specifications concerning best management practices which
7are required for eligibility for cost-sharing grants under this section. The
8department may waive the standards and specifications in exceptional cases.
The
9rules shall specify which best management practices are cost-effective best
10management practices. Only persons involved in the administration of the program
11under this section, persons who are grant recipients or applicants and persons who
12receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules
13promulgated under this paragraph. Any rule promulgated under this paragraph
14which relates or pertains to agricultural practices relating to animal waste handling
15and treatment is subject to s. 13.565.
AB100, s. 3583
16Section
3583. 281.65 (4) (em) of the statutes is created to read:
AB100,1449,2217
281.65
(4) (em) In identifying best management practices under pars. (dm) and
18(g) 4., identify cost-effective best management practices, as specified under par. (e),
19except in situations in which the use of a cost-effective best management practice
20will not contribute to water quality improvement or will cause a water body to
21continue to be impaired as identified to the federal environmental protection agency
22under
33 USC 1313 (d) (1) (A).
AB100, s. 3584
23Section
3584. 281.65 (4) (g) (intro.) of the statutes is amended to read:
AB100,1450,424
281.65
(4) (g) (intro.) In cooperation with the department of agriculture, trade
25and consumer protection and the appropriate governmental unit, prepare priority
1watershed and priority lakes plans to implement nonpoint source water pollution
2abatement projects and storm water control activities described in sub. (8c) in
3priority watersheds and priority lake areas
, as designated under sub. (3) (am) or (4)
4(cm). In preparing the plans, the department shall:
AB100, s. 3585
5Section
3585. 281.65 (4) (L) of the statutes is created to read:
AB100,1450,106
281.65
(4) (L) Before September 1 of each year, in consultation with the
7department of agriculture, trade and consumer protection, submit a budget report
8to the board that includes anticipated expenditures for projects under this section
9during the next year, criteria for ending projects under this section and, if anticipated
10expenditures exceed anticipated funding, a plan for reducing expenditures.
AB100, s. 3586
11Section
3586. 281.65 (4c) of the statutes is created to read:
AB100,1450,1612
281.65
(4c) (a) Beginning on July 1, 1998, a governmental unit may request
13funding for a priority watershed project, a priority lake project or a nonpoint source
14water pollution abatement project that is not in a priority watershed or a priority
15lake area by submitting an application to the board. An application shall be
16submitted before July 15 to be considered for initial funding in the following year.
AB100,1450,2017
(b) The department, in consultation with the department of agriculture, trade
18and consumer protection, shall use the system approved under par. (e) to determine
19the score of each project for which the board receives an application under par. (a)
20and shall inform the board of the scores no later than September 1 of each year.
AB100,1450,2421
(c) After receiving project scores under par. (b) and before November 1 of each
22year, the board shall select projects for funding under this section in the following
23year. To the extent practicable, within the requirements of this section, the board
24shall select projects so that projects are distributed evenly around this state.
AB100,1451,5
1(d) No later than April 1, 1998, the department, in consultation with the
2department of agriculture, trade and consumer protection, shall propose to the board
3a scoring system for ranking nonpoint source water pollution abatement projects for
4which applications are submitted under par. (a). The criteria on which the scoring
5system is based shall include all of the following:
AB100,1451,76
1. The extent to which the application proposes to use the cost-effective and
7appropriate best management practices to achieve water quality goals.
AB100,1451,108
2. The existence in the project area of an impaired water body that the
9department has identified to the federal environmental protection agency under
33
10USC 1313 (d) (1) (A).
AB100,1451,1211
3. The extent to which the project will result in the attainment of established
12water quality objectives.
AB100,1451,1313
4. The local interest in and commitment to the project.
AB100,1451,1614
5. The inclusion of a strategy to evaluate the progress toward reaching project
15goals, including the monitoring of water quality improvements resulting from
16project activities.
AB100,1451,2017
(e) The board shall review the scoring system proposed under par. (d) and shall
18approve the system as submitted or shall modify and approve the system. The board
19shall review the system at least once every 2 years and may require the department
20to submit a revised system after a review.
AB100, s. 3587
21Section
3587. 281.65 (4g) of the statutes is amended to read:
AB100,1451,2522
281.65
(4g) The department may contract with any person from the
23appropriations appropriation account under s. 20.370
(6) (aa) and (4) (at) for services
24to administer or implement this section, including information and education and
25training services.
AB100, s. 3588
1Section
3588. 281.65 (5) (b) of the statutes is amended to read:
AB100,1452,112
281.65
(5) (b) Prepare sections of the priority watershed or priority lake plan
3relating to farm-specific implementation schedules, requirements under ss. 92.104
4and 92.105, animal waste management and selection of agriculturally related best
5management practices and submit those sections to the department for inclusion
6under sub. (4m) (b).
The best management practices shall be cost-effective best
7management practices, as specified under sub. (4) (e), except in situations in which
8the use of a cost-effective best management practice will not contribute to water
9quality improvement or will cause a water body to continue to be impaired as
10identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
11(A).
AB100, s. 3589
12Section
3589. 281.65 (8) (cm) of the statutes is amended to read:
AB100,1452,1613
281.65
(8) (cm) Grants may be provided
from the appropriations under s.
1420.370 (6) (aa) and (aq) to applicants for projects affecting priority lakes if the
15projects are in conformance with areawide water quality management plans and the
16purposes specified under sub. (1).
AB100, s. 3590
17Section
3590. 281.65 (8) (e) of the statutes is amended to read:
AB100,1452,2518
281.65
(8) (e) Except as provided in sub. (8c), grants may only be used for
19implementing best management practices.
Grants for implementing best
20management practices may only be used for implementing cost-effective best
21management practices specified under sub. (4) (e) unless an applicant demonstrates
22that the use of a cost-effective best management practice will not contribute to water
23quality improvement or will cause a water body to continue to be impaired as
24identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
25(A).
AB100, s. 3591
1Section
3591. 281.65 (8) (f) of the statutes is repealed and recreated to read:
AB100,1453,62
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
3implementing the best management practice that is determined by the
4governmental unit submitting the application under sub. (4c) (a) and is approved by
5the board, except as provided under par. (jm) and except that a cost-sharing grant
6may not exceed 70% of the cost of implementing the best management practice.
AB100, s. 3592
7Section
3592. 281.65 (8) (g) of the statutes is repealed.
AB100, s. 3593
8Section
3593. 281.65 (8) (gm) of the statutes is repealed.
AB100, s. 3594
9Section
3594. 281.65 (8) (h) of the statutes is repealed.
AB100, s. 3595
10Section
3595. 281.65 (8) (hm) of the statutes is repealed.
AB100, s. 3596
11Section
3596. 281.65 (8) (i) of the statutes is repealed.
AB100, s. 3597
12Section
3597. 281.65 (8) (j) of the statutes is repealed.
AB100, s. 3598
13Section
3598. 281.65 (8) (jm) of the statutes is amended to read:
AB100,1453,1914
281.65
(8) (jm) Notwithstanding
pars.
par. (f)
to (h), after cost-sharing grants
15have been available in a priority watershed or priority lake area for 36 months only
16a reduced grant, which may not exceed a percentage established by the department
17by rule of the cost of implementing the best management practice, may be provided
18to the owner or operator of a site designated as a critical site in a priority watershed
19plan under sub. (5m) or in a modification to such a plan under sub. (5s).
AB100, s. 3599
20Section
3599. 281.65 (8) (m) of the statutes is amended to read:
AB100,1453,2421
281.65
(8) (m) The department may recognize the value of a conservation
22easement created under s. 700.40 (2) and donated to the department, or to any person
23approved by the department, as constituting all or a portion of the landowner's or
24operator's share of a cost-sharing grant as determined under
pars. par. (f)
to (h).
AB100, s. 3600
25Section
3600. 281.75 (16) (d) of the statutes is amended to read:
AB100,1454,4
1281.75
(16) (d) The state is subrogated to the rights of a claimant who obtains
2an award under this section in an amount equal to the award. All moneys recovered
3under this paragraph shall be credited to the environmental fund for environmental
4repair management.
AB100, s. 3601
5Section
3601. 281.85 (intro.) of the statutes is amended to read:
AB100,1454,8
6281.85 Great Lakes protection fund share. (intro.) The department may
7use moneys from the appropriation under s. 20.370
(2)
(4) (ah) for any of the following
8purposes:
AB100, s. 3602
9Section
3602. 281.98 of the statutes is amended to read:
AB100,1454,15
10281.98 Penalties. (1) Except as provided in ss. 281.47 (1) (d)
and, 281.75 (19)
11and 281.99 (2), any person who violates this chapter or any rule promulgated or any
12plan approval, license or special order issued under this chapter shall forfeit not less
13than $10 nor more than $5,000 for each violation. Each day of continued violation
14is a separate offense. While an order is suspended, stayed or enjoined, this penalty
15does not accrue.
AB100,1454,24
16(2) In addition to the penalties provided under sub. (1)
or s. 281.99 (2), the court
17may award the department of justice the reasonable and necessary expenses of the
18investigation and prosecution of
the a violation
of this chapter, including attorney
19fees. The department of justice shall deposit in the state treasury for deposit into the
20general fund all moneys that the court awards to the department or the state under
21this subsection. Ten percent of the money deposited in the general fund that was
22awarded under this subsection for the costs of investigation and the expenses of
23prosecution, including attorney fees, shall be credited to the appropriation account
24under s. 20.455 (1) (gh).
AB100, s. 3603
25Section
3603. 281.99 of the statutes is created to read:
AB100,1455,8
1281.99 Administrative forfeitures for safe drinking water violations.
2(1) The department may directly assess forfeitures in the amounts provided under
3sub. (2) for violations of the safe drinking water program under s. 281.17 (8) or (9).
4If the department determines that a forfeiture should be assessed for a particular
5violation, it shall issue an order under s. 281.19 (2) (a) to the person alleged to have
6committed the violation. The order shall specify the amount of the forfeiture
7assessed, the violation, the rule alleged to have been violated and shall inform the
8licensee of the right to a hearing under sub. (3).
AB100,1455,10
9(2) (a) The amount of forfeitures that the department may assess under this
10section are as follows:
AB100,1455,1311
1. For water systems that serve a population of more than 10,000 persons, not
12less than $10 and not more than $1,000 for each day of violation, but not more than
13$25,000 in one order.
AB100,1455,1614
2. For water systems that serve a population of 10,000 persons or less, not less
15than $10 and not more than $500 for each day of violation, but not more than $25,000
16in one order.
AB100,1455,1817
(b) The department, in determining the amount of forfeiture that it assesses
18under this section, shall consider the following factors, as appropriate:
AB100,1455,2019
1. The gravity of the violation, including the probability of harm to persons
20served by the water system.
AB100,1455,2321
2. Good faith exercised by the water system owner or operator, including past
22or ongoing efforts to correct problems or achieve compliance with the safe drinking
23water program.
AB100,1455,2424
3. Any previous violations committed by the owner or operator.
AB100,1455,2525
4. The financial benefit to the owner or operator of continuing the violation.
AB100,1456,1
15. Any other relevant factors.
AB100,1456,32
(c) While an order issued under this section is suspended, stayed or enjoined,
3any forfeiture under this section does not accrue.
AB100,1456,5
4(3) A person may contest an assessment of forfeiture under sub. (1) using the
5procedure under s. 281.19 (8).
AB100,1456,10
6(4) All forfeitures shall be paid to the department within 10 days after receipt
7of the order or, if the forfeiture is contested under sub. (3), within 10 days after receipt
8of the final decision after exhaustion of administrative review, unless the final
9decision is appealed and the order is stayed by court order. The department shall
10remit all forfeitures paid to the state treasurer for deposit in the school fund.
AB100,1456,14
11(5) The attorney general may bring an action in the name of the state to collect
12any forfeiture imposed under this section if the forfeiture has not been paid following
13the exhaustion of all administrative and judicial reviews. The only issue to be
14contested in the action shall be whether the forfeiture has been paid.
AB100,1456,15
15(6) Section 893.80 does not apply to actions commenced under this section.
AB100, s. 3604
16Section
3604. 283.31 (7) of the statutes is amended to read:
AB100,1456,2317
283.31
(7) The holder of a permit under this section shall pay $100 to the
18department as a groundwater fee on January 1 if the permittee discharges effluent
19on land or if the permittee produces sludge from a treatment work which is disposed
20of on land. If the permittee discharges effluent on land and disposes of sludge from
21a treatment work on land, the permittee shall pay $200 to the department as a
22groundwater fee on January 1. The moneys collected under this subsection shall be
23credited to the environmental fund for
groundwater
environmental management.
AB100, s. 3605
24Section
3605. 283.33 (9) (c) of the statutes is amended to read:
AB100,1457,2
1283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
2appropriation under s. 20.370
(2) (4) (bj).
AB100, s. 3606
3Section
3606. 283.84 of the statutes is created to read:
AB100,1457,8
4283.84 Trading of water pollution credits. (1) The department shall
5administer at least one pilot project to evaluate the trading of water pollution credits.
6A pilot project may authorize a person required to obtain a permit to increase the
7discharge of pollutants above levels that would otherwise be authorized in the permit
8if the person does one of the following:
AB100,1457,129
(a) Reaches an agreement with another person who is required to obtain a
10permit under which the other person agrees to reduce the discharge of pollutants in
11the project area below the levels that would otherwise be authorized in the other
12person's permit.
AB100,1457,1613
(b) Reaches an agreement with another person who is not required to obtain
14a permit under which the other person agrees to reduce the amount of water
15pollution that it causes in the project area below the levels of water pollution that it
16causes in the project area when the agreement is reached.
AB100,1457,2017
(c) Reaches an agreement with the department or a local governmental unit,
18as defined in s. 16.97 (7), under which the person pays money to the department or
19local governmental unit and the department or local governmental unit uses the
20money to reduce water pollution in the project area.
AB100,1457,22
21(2) The department may select a watershed or water basin as a project area
22under this section only if all of the following apply: