SB244: Bill Text

SB244,58,8 280.19 (title) Damage to private water supplies.

SB244,58,15 (1) (b) "Regulated activity" means an activity for which the department may issue an order under ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of ch. 281, except s. 281.48, or in violation of chs. 285 or 289 to 299 or this chapter , except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under ch. 281, except s. 281.48, or under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

SB244,58,23 (3) In any action brought by the department of justice under s. 280.46 or 299.95 or by a district attorney under s. 280.46, if the court finds that a regulated activity owned or operated by the defendant has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the court may order the defendant to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4).

SB244, s. 74 Section 74. 281.97 of the statutes is amended to read:

SB244,59,8 281.97 Records; inspection. Records Owners shall keep records required by the department shall be kept by the owners and shall supply the department supplied with certified copies of those records and such other information as it may require required by the department. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, or sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with.

SB244, s. 75 Section 75. 281.98 (1) of the statutes is amended to read:

SB244,59,15 281.98 (1) Except as provided in ss. s. 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification 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.

SB244, s. 76 Section 76. 281.98 (2) of the statutes is amended to read:

SB244,59,22 281.98 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, 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.

SB244, s. 77 Section 77. 281.99 of the statutes, as affected by 2003 Wisconsin Act 33, is renumbered 280.50, and 280.50 (1) (a), (b) 2. and (c), (2) (a) (intro.), (3) and (5), as renumbered, are amended to read:

SB244,60,3 280.50 (1) (a) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of safe drinking water program rules promulgated under s. 281.17 (8) or (9) 280.03 (1) or 280.05 (1) (f).

SB244,60,8 (b) 2. The department may directly assess a forfeiture by issuing an order under par. (c) without first providing notice if the alleged violation either creates an acute risk to public health or safety or is part of a documented pattern of noncompliance with one or more rules promulgated under s. 281.17 (8) or (9) 280.03 (1) or (8m) or 280.05 (1) (f).

SB244,60,15 (c) If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) 280.40 (5m) to the water system owner or operator alleged to have committed the violation. Except as provided in par. (b) 2., the department may not issue the order until at least 60 days after the day on which it provided notice under par. (b) 1. The order shall specify the amount of the forfeiture assessed, the violation and the rule alleged to have been violated and shall inform the licensee of the right to contest the order under sub. (3).

SB244,60,17 (2) (a) (intro.) The Notwithstanding s. 280.49, the amount of forfeitures that the department may assess under this section are as follows:

SB244,60,21 (3) A water system owner or operator may contest the issuance of an order and the assessment of a forfeiture under this section using the procedure under ch. 227 or s. 281.19 (8) 280.40 (5m) (c). A water system owner or operator that timely requests a hearing under ch. 227 is entitled to a contested case hearing.

SB244,60,25 (5) The attorney general may bring an action as provided in s. 281.19 (2) (a) 280.46 (1) (b) in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews.

SB244, s. 78 Section 78. 285.01 (40) of the statutes is amended to read:

SB244,61,11 285.01 (40) "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 (1).

SB244, s. 79 Section 79. 289.01 (33) of the statutes is amended to read:

SB244,61,22 289.01 (33) "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 (1).

SB244, s. 80 Section 80. 289.01 (44) of the statutes is repealed.

SB244, s. 81 Section 81. 292.65 (1) (g) of the statutes is amended to read:

SB244,62,2 292.65 (1) (g) "Groundwater" has the meaning given in s. 281.75 (1) (c) 299.01 (5).

SB244, s. 82 Section 82. 295.11 (10) of the statutes is amended to read:

SB244,62,13 295.11 (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 (1).

SB244, s. 83 Section 83. 299.07 (1) (a) 1. of the statutes is amended to read:

SB244,62,15 299.07 (1) (a) 1. A license or registration under s. 280.15 280.24.

SB244, s. 84 Section 84. 299.07 (1) (a) 2. of the statutes is amended to read:

SB244,62,17 299.07 (1) (a) 2. A certification under s. 280.20 or 281.17 (3).

SB244, s. 85 Section 85. 299.08 (1) (a) 1. of the statutes is amended to read:

SB244,62,19 299.08 (1) (a) 1. A license or registration under s. 280.15 280.24.

SB244, s. 86 Section 86. 299.08 (1) (a) 2. of the statutes is amended to read:

SB244,62,21 299.08 (1) (a) 2. A certification under s. 280.20 or 281.17 (3).

SB244, s. 87 Section 87. 299.11 (1) (d) 4. and 6. of the statutes are amended to read:

SB244,62,24 299.11 (1) (d) 4. The replacement of a well or provision of alternative water supplies under s. 281.75 or 281.77 280.19 or 280.52.

SB244,63,2 6. The management or enforcement of the safe drinking water supply program under s. 280.13 (1) (b) and (d) or 281.17 (8) ch. 280.

SB244, s. 88 Section 88. 443.14 (12m) of the statutes is amended to read:

SB244,63,7 443.14 (12m) A well driller, as defined in s. 280.01 (7), person licensed or registered under s. 280.24 who is engaged in well drilling, as defined in s. 280.01 (8) (16), well point driving, as defined in s. 280.01 (17), or constructing a drill hole, as defined in s. 280.01 (4), other than a well.

SB244, s. 89 Section 89. 470.025 (9) of the statutes is amended to read:

SB244,63,12 470.025 (9) A well driller, as defined in s. 280.01 (7) person licensed or registered under s. 280.24, who is engaged in well drilling, as defined in s. 280.01 (8) (16), well point driving, as defined in s. 280.01 (17), or constructing a drill hole, as defined in s. 280.01 (4), other than a well.

SB244, s. 90 Section 90. 893.80 (8) of the statutes is amended to read:

SB244,63,15 893.80 (8) This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 91 Section 91. Nonstatutory provisions.

SB244,63,22 (1) Current licensees. Notwithstanding section 280.24 (5) (b) of the statutes, as created by this act, the department of natural resources shall issue a well driller license to each individual registered as a well driller under section 280.15, 2001 stats., on January 1, 2004, and shall issue a pump installer license to each individual registered as a pump installer under section 280.15, 2001 stats., on January 1, 2004, without requiring the individual to take and pass an examination.

SB244,64,2 (2) Position authorization. The authorized FTE positions for the department of natural resources are increased by 3.0 PR positions to be funded from the appropriation under section 20.370 (4) (ai) of the statutes, as created by this act, for water supply management.

SB244,64,5 (3) Initial terms of members of council. Notwithstanding the length of term specified in section 15.347 (3) (a) of the statutes, as created by this act, the initial members of the council on wells and drill holes shall serve as follows:

SB244,64,9 (a) One of the members appointed under section 15.347 (3) (a) 1. of the statutes, one of the members appointed under section 15.347 (3) (a) 2. of the statutes, and one of the members appointed under section 15.347 (3) (a) 4. of the statutes, for terms expiring on July 1, 2006.

SB244,64,14 (b) One of the members appointed under section 15.347 (3) (a) 1. of the statutes, one of the members appointed under section 15.347 (3) (a) 2. of the statutes, one of the members appointed under section 15.347 (3) (a) 3. of the statutes, and one of the members appointed under section 15.347 (3) (a) 4. of the statutes, for terms expiring on July 1, 2007.

SB244,64,18 (c) One of the members appointed under section 15.347 (3) (a) 1. of the statutes, one of the members appointed under section 15.347 (3) (a) 3. of the statutes, and the members appointed under section 15.347 (3) (a) 5. to 8. of the statutes, for terms ending on July 1, 2008.

SB244, s. 92 Section 92. Initial applicability.

SB244,64,22 (1) Private water system abandonment and plumbing connection ordinances. The treatment of section 66.0437 (2) (am) of the statutes first applies to ordinances enacted or modified on the effective date of this subsection.

SB244, s. 93 Section 93. Effective date.

SB244,64,24 (1) This act takes effect on January 1, 2005.

SB244,64,25 (End)