SB244,58,8 8280.19 (title) Damage to private water supplies.
SB244,58,15 9(1) (b) "Regulated activity" means an activity for which the department may
10issue an order under ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this
11chapter, except s. 281.48, if the activity is conducted in violation of ch. 281, except s.
12281.48, or in violation of
chs. 285 or 289 to 299 or this chapter , except s. 281.48, or
13in violation of licenses, permits or special orders issued or rules promulgated under
14ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this chapter, except s.
15281.48
.
SB244,58,23 16(3) In any action brought by the department of justice under s. 280.46 or 299.95
17or by a district attorney under s. 280.46, if the court finds that a regulated activity
18owned or operated by the defendant has caused a private water supply to become
19contaminated, polluted or unfit for consumption by humans, livestock or poultry, the
20court may order the defendant to treat the water to render it fit for consumption by
21humans, livestock and poultry, repair the private water supply or replace the private
22water supply and to reimburse the town, village or city for the cost of providing water
23under sub. (4).
SB244, s. 74 24Section 74. 281.97 of the statutes is amended to read:
SB244,59,8
1281.97 Records; inspection. Records Owners shall keep records required by
2the department shall be kept by the owners and shall supply the department
3supplied with certified copies of those records and such other information as it may
4require
required by the department. Agents of the department may enter buildings,
5structures and premises of owners supplying the public or industrial plants with
6water, ice, sewerage systems, or sewage or refuse disposal service and private
7properties to collect samples, records and information, and to ascertain if the rules
8and orders of the department are complied with.
SB244, s. 75 9Section 75. 281.98 (1) of the statutes is amended to read:
SB244,59,1510 281.98 (1) Except as provided in ss. s. 281.47 (1) (d), 281.75 (19), and 281.99
11(2)
, any person who violates this chapter or any rule promulgated or any plan
12approval, license, special order, or water quality certification issued under this
13chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each
14day of continued violation is a separate offense. While an order is suspended, stayed,
15or enjoined, this penalty does not accrue.
SB244, s. 76 16Section 76. 281.98 (2) of the statutes is amended to read:
SB244,59,2217 281.98 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2),
18the court may award the department of justice the reasonable and necessary
19expenses of the investigation and prosecution of a violation of this chapter, including
20attorney fees. The department of justice shall deposit in the state treasury for
21deposit into the general fund all moneys that the court awards to the department or
22the state under this subsection.
SB244, s. 77 23Section 77. 281.99 of the statutes, as affected by 2003 Wisconsin Act 33, is
24renumbered 280.50, and 280.50 (1) (a), (b) 2. and (c), (2) (a) (intro.), (3) and (5), as
25renumbered, are amended to read:
SB244,60,3
1280.50 (1) (a) The department may directly assess forfeitures in the amounts
2provided under sub. (2) for violations of safe drinking water program rules
3promulgated under s. 281.17 (8) or (9) 280.03 (1) or 280.05 (1) (f).
SB244,60,84 (b) 2. The department may directly assess a forfeiture by issuing an order under
5par. (c) without first providing notice if the alleged violation either creates an acute
6risk to public health or safety or is part of a documented pattern of noncompliance
7with one or more rules promulgated under s. 281.17 (8) or (9) 280.03 (1) or (8m) or
8280.05 (1) (f)
.
SB244,60,159 (c) If the department determines that a forfeiture should be assessed for a
10particular violation, it shall issue an order under s. 281.19 (2) (a) 280.40 (5m) to the
11water system owner or operator alleged to have committed the violation. Except as
12provided in par. (b) 2., the department may not issue the order until at least 60 days
13after the day on which it provided notice under par. (b) 1. The order shall specify the
14amount of the forfeiture assessed, the violation and the rule alleged to have been
15violated and shall inform the licensee of the right to contest the order under sub. (3).
SB244,60,17 16(2) (a) (intro.) The Notwithstanding s. 280.49, the amount of forfeitures that
17the department may assess under this section are as follows:
SB244,60,21 18(3) A water system owner or operator may contest the issuance of an order and
19the assessment of a forfeiture under this section using the procedure under ch. 227
20or s. 281.19 (8) 280.40 (5m) (c). A water system owner or operator that timely
21requests a hearing under ch. 227 is entitled to a contested case hearing.
SB244,60,25 22(5) The attorney general may bring an action as provided in s. 281.19 (2) (a)
23280.46 (1) (b) in the name of the state to collect any forfeiture imposed under this
24section if the forfeiture has not been paid following the exhaustion of all
25administrative and judicial reviews.
SB244, s. 78
1Section 78. 285.01 (40) of the statutes is amended to read:
SB244,61,112 285.01 (40) "Solid waste" means any garbage, refuse, sludge from a waste
3treatment plant, water supply treatment plant or air pollution control facility and
4other discarded or salvageable materials, including solid, liquid, semisolid, or
5contained gaseous materials resulting from industrial, commercial, mining and
6agricultural operations, and from community activities, but does not include solids
7or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
8return flows or industrial discharges which are point sources subject to permits
9under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
10material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
11(1).
SB244, s. 79 12Section 79. 289.01 (33) of the statutes is amended to read:
SB244,61,2213 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste
14treatment plant, water supply treatment plant or air pollution control facility and
15other discarded or salvageable materials, including solid, liquid, semisolid, or
16contained gaseous materials resulting from industrial, commercial, mining and
17agricultural operations, and from community activities, but does not include solids
18or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
19return flows or industrial discharges which are point sources subject to permits
20under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
21material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
22(1).
SB244, s. 80 23Section 80. 289.01 (44) of the statutes is repealed.
SB244, s. 81 24Section 81. 292.65 (1) (g) of the statutes is amended to read:
SB244,62,2
1292.65 (1) (g) "Groundwater" has the meaning given in s. 281.75 (1) (c) 299.01
2(5)
.
SB244, s. 82 3Section 82. 295.11 (10) of the statutes is amended to read:
SB244,62,134 295.11 (10) "Solid waste" means any garbage, refuse, sludge from a waste
5treatment plant, water supply treatment plant or air pollution control facility and
6other discarded or salvageable materials, including solid, liquid, semisolid, or
7contained gaseous materials resulting from industrial, commercial, mining and
8agricultural operations, and from community activities, but does not include solids
9or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
10return flows or industrial discharges which are point sources subject to permits
11under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
12material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
13(1).
SB244, s. 83 14Section 83. 299.07 (1) (a) 1. of the statutes is amended to read:
SB244,62,1515 299.07 (1) (a) 1. A license or registration under s. 280.15 280.24.
SB244, s. 84 16Section 84. 299.07 (1) (a) 2. of the statutes is amended to read:
SB244,62,1717 299.07 (1) (a) 2. A certification under s. 280.20 or 281.17 (3).
SB244, s. 85 18Section 85. 299.08 (1) (a) 1. of the statutes is amended to read:
SB244,62,1919 299.08 (1) (a) 1. A license or registration under s. 280.15 280.24.
SB244, s. 86 20Section 86. 299.08 (1) (a) 2. of the statutes is amended to read:
SB244,62,2121 299.08 (1) (a) 2. A certification under s. 280.20 or 281.17 (3).
SB244, s. 87 22Section 87. 299.11 (1) (d) 4. and 6. of the statutes are amended to read:
SB244,62,2423 299.11 (1) (d) 4. The replacement of a well or provision of alternative water
24supplies under s. 281.75 or 281.77 280.19 or 280.52.
SB244,63,2
16. The management or enforcement of the safe drinking water supply program
2under s. 280.13 (1) (b) and (d) or 281.17 (8) ch. 280.
SB244, s. 88 3Section 88. 443.14 (12m) of the statutes is amended to read:
SB244,63,74 443.14 (12m) A well driller, as defined in s. 280.01 (7), person licensed or
5registered under s. 280.24
who is engaged in well drilling, as defined in s. 280.01 (8)
6(16), well point driving, as defined in s. 280.01 (17), or constructing a drill hole, as
7defined in s. 280.01 (4), other than a well
.
SB244, s. 89 8Section 89. 470.025 (9) of the statutes is amended to read:
SB244,63,129 470.025 (9) A well driller, as defined in s. 280.01 (7) person licensed or
10registered under s. 280.24
, who is engaged in well drilling, as defined in s. 280.01 (8)
11(16), well point driving, as defined in s. 280.01 (17), or constructing a drill hole, as
12defined in s. 280.01 (4), other than a well
.
SB244, s. 90 13Section 90. 893.80 (8) of the statutes is amended to read:
SB244,63,1514 893.80 (8) This section does not apply to actions commenced under s. 19.37,
1519.97 or 281.99 280.50.
SB244, s. 91 16Section 91. Nonstatutory provisions.
SB244,63,2217 (1) Current licensees. Notwithstanding section 280.24 (5) (b) of the statutes,
18as created by this act, the department of natural resources shall issue a well driller
19license to each individual registered as a well driller under section 280.15, 2001
20stats., on January 1, 2004, and shall issue a pump installer license to each individual
21registered as a pump installer under section 280.15, 2001 stats., on January 1, 2004,
22without requiring the individual to take and pass an examination.
SB244,64,223 (2) Position authorization. The authorized FTE positions for the department
24of natural resources are increased by 3.0 PR positions to be funded from the

1appropriation under section 20.370 (4) (ai) of the statutes, as created by this act, for
2water supply management.
SB244,64,53 (3) Initial terms of members of council. Notwithstanding the length of term
4specified in section 15.347 (3) (a) of the statutes, as created by this act, the initial
5members of the council on wells and drill holes shall serve as follows:
SB244,64,96 (a) One of the members appointed under section 15.347 (3) (a) 1. of the statutes,
7one of the members appointed under section 15.347 (3) (a) 2. of the statutes, and one
8of the members appointed under section 15.347 (3) (a) 4. of the statutes, for terms
9expiring on July 1, 2006.
SB244,64,1410 (b) One of the members appointed under section 15.347 (3) (a) 1. of the statutes,
11one of the members appointed under section 15.347 (3) (a) 2. of the statutes, one of
12the members appointed under section 15.347 (3) (a) 3. of the statutes, and one of the
13members appointed under section 15.347 (3) (a) 4. of the statutes, for terms expiring
14on July 1, 2007.
SB244,64,1815 (c) One of the members appointed under section 15.347 (3) (a) 1. of the statutes,
16one of the members appointed under section 15.347 (3) (a) 3. of the statutes, and the
17members appointed under section 15.347 (3) (a) 5. to 8. of the statutes, for terms
18ending on July 1, 2008.
SB244, s. 92 19Section 92. Initial applicability.
SB244,64,2220 (1) Private water system abandonment and plumbing connection ordinances.
21The treatment of section 66.0437 (2) (am) of the statutes first applies to ordinances
22enacted or modified on the effective date of this subsection.
SB244, s. 93 23Section 93. Effective date.
SB244,64,2424 (1) This act takes effect on January 1, 2005.
SB244,64,2525 (End)
Loading...
Loading...