SB244: Bill Text

LRB-0989/3

RCT:jld:rs

2003 - 2004 LEGISLATURE

2003 Senate BILL 244

September 10, 2003 - Introduced by Senators Kedzie, Brown, Stepp, Schultz and Plale, cosponsored by Representatives Van Roy, LeMahieu, Krawczyk, Gunderson, Jeskewitz, Ott, Kerkman, Musser, Olsen, Nass, Vrakas, Hahn, Hebl, Huber and Gronemus. Referred to Committee on Environment and Natural Resources.

SB244,2,10 An Act to repeal 59.70 (6) (a) 2. and 3., 59.70 (6) (e), 167.27 (4), 281.01 (20), 281.13 (1) (b), 281.17 (8), subchapter VI (title) of chapter 281 [precedes s. 281.75], 281.75 (1) (c) and 289.01 (44); to renumber 281.13 (3), 281.75 (title) and (1) (intro.), (a) and (b), 281.75 (1) (d) to (g), 281.75 (2) and (3), 281.75 (4), 281.75 (4m) to (11), 281.75 (12) (intro.) and (a) and 281.75 (13) to (17); to renumber and amend 281.13 (1) (a), 281.17 (9), 281.53, 281.75 (1) (h), 281.75 (12) (b), 281.75 (18), 281.75 (19), 281.77 and 281.99; to consolidate, renumber and amend 59.70 (6) (a) (intro.) and 1.; to amend 20.370 (4) (bL), 20.370 (6) (cr), 20.370 (7) (cd), 20.865 (2) (em), 20.866 (2) (tb), 25.46 (5e), 59.07 (1), 59.64 (1) (a), 59.70 (1), 59.70 (6) (title), 60.44 (1) (a), 60.44 (3), 62.25 (1), 66.0803 (1) (a), 88.145, 97.34 (2) (b), 101.143 (1) (c), 118.26, 119.68 (2), 145.06 (4) (b), 145.10 (1) (intro.) and (a) to (b), 160.09 (1) (intro.), 160.257 (1) (e), 160.257 (2), 167.27 (title), (2) and (3), 167.27 (5), 167.27 (6), 198.12 (2), chapter 281 (title), 281.01 (8), 281.01 (15), 281.01 (16), 281.12 (3), 281.17 (3), 281.19 (2) (a), 281.35 (1) (a) and (b) 2., 281.35 (4) (a) 3. and (b) (intro.), 281.41 (1) (c), 281.45, 281.97, 281.98 (1), 281.98 (2), 285.01 (40), 289.01 (33), 292.65 (1) (g), 295.11 (10), 299.07 (1) (a) 1., 299.07 (1) (a) 2., 299.08 (1) (a) 1., 299.08 (1) (a) 2., 299.11 (1) (d) 4. and 6., 443.14 (12m), 470.025 (9) and 893.80 (8); to repeal and recreate 59.70 (6) (b), 59.70 (6) (c), 62.69 (2) (k), chapter 280 and 281.13 (title); and to create 15.347 (3), 20.370 (4) (ai), 66.0437 and 167.27 (9) of the statutes; relating to: the regulation of drill holes, water quality, and water systems, related licensing and certification, creating the Council on Well Drilling and Pump Installing, granting rule-making authority, making appropriations, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill restructures and makes numerous changes in the laws relating to water systems, drinking water, withdrawal of groundwater, and wells and other similar excavations (drill holes).

Under current law, the Department of Natural Resources (DNR) is required to promulgate rules for obtaining pure drinking water for human consumption and DNR has control over all methods of obtaining groundwater for human consumption, including the construction and reconstruction of wells used to provide drinking water. Under current law, DNR also has general supervision and control over the waters of the state and may promulgate rules to prevent the pollution of the waters of the state. Under the bill, DNR has control over ensuring the sanitary provision of water for all purposes and over all wells and other drill holes, water systems, and methods of withdrawing groundwater. The bill authorizes DNR to promulgate rules concerning the location of potential contamination sources relative to existing or proposed wells.

The bill prohibits the discharge into wells, other drill holes, sinkholes, and mine shafts of substances that may decrease the quality of groundwater, except as authorized by DNR by rule. The bill generally prohibits the use of pipe or solder that is not lead free in water systems. The bill prohibits a person from introducing or threatening to introduce a contaminant into a water system with the intention of harming another. The bill prohibits the use of chemicals, paints, or conditioning or treatment processes in community water systems without the approval of DNR.

Under current law, DNR registers individuals and businesses who engage in the business of drilling wells to obtain water for human consumption and who engage in the business of installing pumps to withdraw water from wells.

Under the bill, DNR issues licenses for individuals who engage in the following activities: well drilling (of wells to obtain groundwater for human consumption), well point driving, drilling of environmental (monitoring) wells, pump installation, and constructing specified types of drill holes (other than wells to obtain groundwater for human consumption), and inspection of water systems. Generally, an individual may not engage in one of those activities unless he or she is licensed or is supervised by another individual who is licensed. The bill prohibits a person from filling or sealing a well or other drill hole unless the person is licensed to install a pump in that kind of well or other drill hole or has a license for constructing that kind of well or other drill hole. The bill requires drilling rig operators and pump installer helpers to register with DNR. The bill creates the Council on Well Drilling and Pump Installing and requires DNR to consult with the council on matters including rule making.

Under current law, the Department of Justice (DOJ) generally takes the actions needed to enforce environmental protection laws. This bill authorizes a district attorney to enforce the laws related to water systems and drinking water. Under the bill, if DNR determines that a person has violated one of these laws, it may refer the matter to DOJ for enforcement, as under current law, or to a district attorney.

The bill also requires a local governmental unit that is served by a community water system to require the abandonment of any well that is located on property adjacent to a water main if the well is unused, is unsafe because of bacteria in the water, or does not comply with statutes and rules concerning wells.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB244, s. 1 Section 1. 15.347 (3) of the statutes is created to read:

SB244,3,4 15.347 (3) Council on well drilling and pump installing. (a) There is created in the department of natural resources a council on well drilling and pump installing. The council consists of the following members, who shall serve 3-year terms:

SB244,3,7 1. Three active, licensed, water well drillers who are members of a statewide association of licensed well drillers, pump installers, and other drill hole contractors, appointed by the board of directors of the association.

SB244,4,3 2. Two active, licensed, water well drillers who are not members of a statewide association of licensed well drillers, pump installers, and other drill hole contractors, appointed by the secretary of natural resources.

SB244,4,6 3. Two active, licensed, pump installers who are members of a statewide association of licensed well drillers, pump installers, and other drill hole contractors, appointed by the board of directors of the association.

SB244,4,9 4. Two active, licensed, pump installers who are not members of a statewide association of licensed well drillers, pump installers, and other drill hole contractors, appointed by the secretary of natural resources.

SB244,4,11 5. One monitoring well contractor appointed by a national association of drilling contractors.

SB244,4,13 6. One employee of the geological and natural history survey, appointed by the state geologist.

SB244,4,15 7. Two members of a statewide association of suppliers of pumps and products used in the construction of wells, appointed by the president of the association.

SB244,4,17 8. One employee of the department of natural resources, appointed by the secretary of natural resources.

SB244,4,20 (b) No member of the council on well drilling and pump installing may serve more than 2 consecutive terms, except that the member under par. (a) 6. may serve longer at the discretion of the state geologist.

SB244,4,25 (c) The council on well drilling and pump installing shall be cochaired by the member under par. (a) 8. and by another member of the council elected by the members of the council. The member under par. (a) 8. shall be a nonvoting member except that he or she may vote in case of a tie. The council shall meet 3 times each year and may meet at other times on the call of the cochairs.

SB244, s. 2 Section 2. 20.370 (4) (ai) of the statutes is created to read:

SB244,5,4 20.370 (4) (ai) Water supply management — fees. All moneys received as fees under ch. 280 for the purpose of administering the activities for which the fees are imposed.

SB244, s. 3 Section 3. 20.370 (4) (bL) of the statutes is amended to read:

SB244,5,9 20.370 (4) (bL) Wastewater management — fees. From the general fund, all moneys received under s. 281.17 (3) for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles and under s. 281.48 (4s) (a) and (b) for wastewater management activities.

SB244, s. 4 Section 4. 20.370 (6) (cr) of the statutes is amended to read:

SB244,5,13 20.370 (6) (cr) Environmental aids — compensation for well contamination. As a continuing appropriation, from the environmental fund, the amounts in the schedule to pay compensation under s. 281.75 280.52.

SB244, s. 5 Section 5. 20.370 (7) (cd) of the statutes is amended to read:

SB244,5,18 20.370 (7) (cd) Principal repayment and interest — municipal clean drinking water grants. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in making municipal clean drinking water grants under s. 281.53 280.54.

SB244, s. 6 Section 6. 20.865 (2) (em) of the statutes is amended to read:

SB244,5,22 20.865 (2) (em) Groundwater survey and analysis. The amounts in the schedule for the survey and analysis of groundwater conditions and problems under ss. 16.968, 36.25 (6) and 280.13 and subch. II of ch. 281 280.03.

SB244, s. 7 Section 7. 20.866 (2) (tb) of the statutes is amended to read:

SB244,6,3 20.866 (2) (tb) Natural resources; municipal clean drinking water grants. From the capital improvement fund, a sum sufficient to the department of natural resources to provide funds for municipal clean drinking water grants under s. 281.53 280.54. The state may contract public debt in an amount not to exceed $9,800,000 for this purpose.

SB244, s. 8 Section 8. 25.46 (5e) of the statutes is amended to read:

SB244,6,6 25.46 (5e) All moneys received under s. 281.75 280.52 (16) (d) for environmental management.

SB244, s. 9 Section 9. 59.07 (1) of the statutes is amended to read:

SB244,6,11 59.07 (1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 10 Section 10. 59.64 (1) (a) of the statutes is amended to read:

SB244,6,18 59.64 (1) (a) In general. Every person, except jurors, witnesses and interpreters, and except physicians or other persons who are entitled to receive from the county fees for reporting to the register of deeds births or deaths, which have occurred under their care, having any claim against any county shall comply with s. 893.80. This paragraph does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 11 Section 11. 59.70 (1) of the statutes is amended to read: