SB244: Bill Text

SB244,37,4 (c) Demonstrates incompetence in performing the work for which the license is issued or fails a required examination.

SB244,37,5 (d) Intentionally fails to submit a report required to be submitted.

SB244,37,6 (e) Submits false information on any report required to be submitted.

SB244,37,8 (f) Has been convicted of a criminal charge related to the activity for which the license is applied for or issued.

SB244,37,10 (g) In a civil proceeding, has been found negligent in the conduct of the activity for which the license is applied for or issued.

SB244,37,11 (h) Fails to comply with requirements for initial licensure or license renewal.

SB244,37,13 (i) Gives his or her license to another individual for the purpose of enabling that other individual to represent that he or she holds a license.

SB244,37,15 (j) Provides false information about his or her business relationship with unlicensed individuals.

SB244,37,17 (k) Consults with another person or consults with written materials with which the department has not authorized consultation while taking an examination.

SB244,37,18 (L) Provides false information under s. 280.52.

SB244,37,19 (2m) The department may revoke a license if any of the following applies:

SB244,37,21 (a) The licensee is incompetent to perform the activity for which the license is issued.

SB244,37,23 (b) The licensee has been convicted of committing a violation related to the activity for which the license is granted.

SB244,38,2 (3) The department shall notify the applicant or licensee of any determination made under sub. (2) or (2m) by issuing an order in writing that states the reason for the determination. The department shall serve the order by certified mail or personal service.

SB244,38,9 (4) (a) Except as provided in par. (b), a suspension or revocation takes effect 30 days after the date of service under sub. (3) unless the licensee files a written request for a hearing within 30 days after the date of service. If a request is filed, the department shall stay the suspension or revocation and conduct a contested case hearing under ch. 227 on the matter as soon as practicable. The department shall provide written notice to the licensee of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,38,19 (b) If the department, after investigation, determines that protecting public health, safety, or welfare requires immediate action, it may summarily suspend a license and order the licensee to cease all licensed activity until the conclusion of all proceedings arising out of the suspension. The department shall serve the licensee with written notice of the suspension and the order. In the notice, the department shall state the department's determination relating to protection of public health, safety, or welfare. The licensee may request a hearing by filing a written request for a hearing within 15 days after the date of service. The department shall hold the hearing as soon as practicable, but not later than 30 days after the date of the request.

SB244,39,2 (5) A refusal to renew a license takes effect 30 days after the date of service under sub. (3) unless the licensee files a written request for a hearing within 30 days after the date of service. If a request is filed, the department shall conduct a contested case hearing under ch. 227 on the matter within 60 days after receiving the request, except that a licensee has no right to a hearing if the department refuses to renew the license for failure to pay fees or for failure to comply with continuing education requirements. The department shall provide written notice to the licensee of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,39,5 (6) Within 90 days after the conclusion of a hearing under sub. (4) or (5), the department shall affirm, set aside, or modify the determination to suspend, revoke, or refuse to renew a license.

SB244,39,8 (7) A licensee who requests a hearing under sub. (4) (a) or (5) may continue to engage in the licensed activity until the conclusion of all administrative and judicial proceedings arising out of the revocation, suspension, or refusal to renew.

SB244,39,16 (8) (a) A license revocation remains in effect for 2 years beginning on the date that the order is served under sub. (3), the effective date of the order, or the date of the conclusion of all administrative and judicial proceedings arising out of the revocation, whichever is latest. A person may, at least one year after the date of revocation, apply to the department for review of the revocation. The department may shorten the period of revocation. After a period of revocation, a person may regain a license only by complying with any requirements of the order, paying the applicable fee, and passing any applicable examination.

SB244,39,22 (b) A license suspension remains in effect for the period specified in the suspension order or until the person whose license is suspended or revoked complies with any requirements of the order, whichever is later, except that, if a license suspension extends through the next license period due to the person's failure to comply with a requirement in the order, the department may provide that the license suspension remains in effect until the person passes any applicable examination.

SB244,40,2 (c) The department may require a person whose license is suspended or revoked to correct violations on which the suspension or revocation is based. Notwithstanding par. (a) or (b), if the department imposes such a requirement, the license remains suspended or revoked until the person corrects the violations.

SB244,40,7 (d) A licensee whose renewal application is refused may not apply for the same license for 90 days after the date of the refusal or the date of the conclusion of all administrative and judicial proceedings arising out of the refusal, whichever is later, except that a licensee may apply after 10 days from that date if the licensee eliminates all impediments to nonrenewal.

SB244,40,14 (9) A licensee who is subject to a nonrenewal, suspension, or revocation shall, at the request of the department, notify the department of the location of the work that he or she performed under the license within 2 years before the nonrenewal, suspension, or revocation takes effect. The licensee shall, immediately after the sanction takes effect, notify the department of the location of any drilling rigs owned, leased, or rented by the licensee and shall notify the department of any change in location during the period that the sanction remains in effect.

SB244,40,20 (10) An individual who is subject to a nonrenewal, suspension, or revocation of a license issued under s. 280.24 may not perform any activity authorized by the license, except as directed by the department under sub. (8) (c), for a period of 60 days starting with the first day of the nonrenewal, suspension, or revocation. After that period, the individual may perform the activity if the individual is employed by and is in the actual physical presence of a licensed individual.

SB244,40,22 Subchapter IV Local authority

SB244,41,2 280.30 County ordinances. (1) Definition. In this section, "private well" means a type of well designated by the department by rule, which may not include any type of well for which plans and specifications must be submitted to the department for approval before construction.

SB244,41,6 (2) Ordinances. (a) The department may authorize the enactment, under s. 59.70 (6), of county ordinances strictly conforming to this chapter and rules promulgated under this chapter, or to portions of this chapter and rules promulgated under this chapter, that govern any of the following:

SB244,41,7 1. The location of private wells.

SB244,41,10 2. The abandonment of private wells and other drill holes that are unused or contaminated or do not comply with this chapter or rules promulgated under this chapter.

SB244,41,11 3. The construction and reconstruction of private wells.

SB244,41,12 4. The installation of pumps in private wells.

SB244,41,13 5. The modification of existing pump installations in private wells.

SB244,41,14 6. The inspection of private water systems.

SB244,41,17 (b) Each county that proposes to enact an ordinance authorized under par. (a) shall, before enactment, submit the proposed ordinance and a plan for its enforcement to the department for approval.

SB244,41,20 (c) The department shall promulgate rules establishing the standards for approval of county ordinances, program management, and enforcement plans, which may include all of the following:

SB244,41,21 1. Personnel, training, reporting, and other requirements.

SB244,41,22 2. Standards for various categories of private wells.

SB244,41,23 3. Standards for various categories of enforcement actions.

SB244,41,25 4. The emergency conditions under which a county may grant an exemption from a provision of its ordinance for the replacement of a well or pump.

SB244,42,4 (d) The department may require that a person obtain approval from the department for a variance from this chapter or rules promulgated under this chapter before a county may issue a permit for the construction of a private well or the installation of a pump.

SB244,42,9 (3) Training. The department shall provide training and technical assistance to county employes who implement ordinances enacted under s. 59.70 (6). The department may charge a fee, not to exceed the department's actual cost, for the training and technical assistance provided. All amounts received under this subsection shall be credited to the appropriation under s. 20.370 (4) (ai).

SB244,42,13 (4) Review and audit. (a) The department shall periodically review and audit each ordinance enacted under s. 59.70 (6) and the county's enforcement of the ordinance to determine compliance with this chapter and rules promulgated under this chapter.

SB244,42,22 (b) If following a review and audit the department determines that an ordinance or an enforcement program is not in substantial compliance with any requirement, the department may notify the county clerk of the determination. If the department provides notification, it shall hold a public informational hearing in the county no sooner than 30 days after the date of the notice. If the department finds after the hearing that the county is not in compliance, the department may revoke all or part of the county's authority to enforce the ordinance. A county is not entitled to a contested case hearing on the department's decision to revoke the county's authority to enforce the ordinance.

SB244,43,3 (5) Department enforcement. (a) In a county that has not enacted an ordinance under s. 59.70 (6) or that has, under its ordinance, only partial authority to regulate private wells and pump installation, the department shall enforce all applicable provisions of this chapter and rules promulgated under this chapter relating to private wells and pump installation that are not governed by a county ordinance.

SB244,43,6 (b) The department may enforce this chapter and rules promulgated under this chapter in a county that has enacted an ordinance under s. 59.70 (6) under any of the following circumstances:

SB244,43,7 1. If the department is conducting an audit and review under sub. (4) (a).

SB244,43,10 2. If there is reasonable cause to believe that the county ordinance or enforcement program does not comply with any requirement of this chapter or rules promulgated under this chapter.

SB244,43,12 3. If the department determines that there are other special circumstances requiring enforcement by the department.

SB244,43,15 280.32 Local enforcement prohibited. Except as provided in ss. 59.70 (6), 66.0437, and 280.30, no city, village, town, or county may enact or enforce an ordinance governing any matter regulated under this chapter.

SB244,43,17 Subchapter V Enforcement

SB244,43,18 280.40 Orders; affidavits. (1) The department may do any of the following:

SB244,43,22 (a) Order the owner or operator of a water system or the person responsible for construction, operation, or abandonment of the water system to take actions, which may include repair, replacement, reconstruction, abandonment, or discontinuance of use, in a designated manner to protect public health, safety, or welfare.

SB244,43,25 (c) If the department finds that the absence of a municipal water system results in a nuisance to public health or safety, order the city, village, or town in which the nuisance exists to construct a water system within a specified time.

SB244,44,5 (d) After giving the owner or operator of any well or other drill hole that is contaminated or that does not comply with this chapter or rules promulgated under this chapter the opportunity to eliminate the contamination or bring the well or other drill hole into compliance, order the owner or operator to fill the well or other drill hole as required under rules of the department.

SB244,44,7 (dm) Order the owner or operator of any well or other drill hole that is unused to fill the well or other drill hole as required under department rules.

SB244,44,10 (e) Order any licensee or registrant under s. 280.24 or certificate holder under s. 280.20 to cease all activities and operations authorized under the license, registration, or certificate.

SB244,44,12 (f) Issue any other order determined necessary by the department to ensure compliance with this chapter and rules promulgated under this chapter.

SB244,44,14 (2) The department shall include all of the following in each order issued under sub. (1):

SB244,44,15 (a) The statute or rule alleged to be violated, if any.

SB244,44,17 (b) The findings of fact upon which the department determined that a violation exists or that a condition authorizing an order exists.

SB244,44,18 (c) A compliance schedule or a date by which the order must be obeyed.

SB244,45,2 (3) Except as provided under sub. (5), an order issued under sub. (1) takes effect 30 days after the date on which the order is served, unless a person subject to the order files a written request for a hearing before the expiration of the 30 days. The department shall serve an order issued under sub. (1) by certified mail or personal service. The person subject to an order has a right to a hearing if s. 227.42 (1) is satisfied. If the request for a hearing is granted, the department shall stay the order and conduct a contested case hearing under ch. 227 on the matter. The department shall provide written notice to the person of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,45,4 (4) Following a hearing under sub. (3), the department shall affirm, set aside, or, if necessary, modify the original order.

SB244,45,14 (5) (a) If necessary to protect public health, safety, or welfare, the department may issue an order described in sub. (1) as an emergency order that takes effect immediately or within 30 days after the date of service, whichever is specified in the order. The department shall publish each emergency order as a class 1 notice, under ch. 985, and shall serve the emergency order on the person subject to the emergency order by certified mail or personal service. In an emergency order, the department shall notify the person subject to the order that he or she is entitled to a contested case hearing under ch. 227 if a request is filed within 30 days after the date on which the order is served. The hearing shall be held as soon as practicable after receipt of the request. An emergency order remains in effect pending the result of the hearing.

SB244,45,25 (b) The department may, without a prior hearing, issue an emergency order to a person to whom an approval, as defined in s. 281.35 (1) (a), is issued to stop a withdrawal, as defined in s. 281.35 (1) (m), immediately if the department determines that there is a danger of imminent harm to the public health. In the emergency order, the department shall specify the date on which the withdrawal must be stopped and the date, if any, on which it may be resumed. In the emergency order, the department shall notify the person subject to the order that he or she is entitled to a contested case hearing under ch. 227 if a request is filed within 30 days after the date on which the order is served. The department shall hold the hearing as soon as practicable after receipt of a request for a hearing. An emergency order remains in effect pending the result of the hearing.

SB244,46,10 (5m) (a) The department may issue orders directing particular owners of water systems to remedy violations of the safe drinking water program under ss. 280.03 (1) and 280.05 (1) (f), within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on the conditions that it prescribes. If any owner cannot comply with an order within the time specified, the owner may, before the date set in the order, petition the department to modify the order. The department may modify the order, specifying in writing the reasons for the modification. If any order is not complied with within the period specified, the department shall notify the attorney general of the failure to comply. After receiving the notice, the attorney general may commence an action under s. 280.46 (1) (b).

SB244,46,16 (b) The department may issue temporary emergency orders to remedy violations described in par. (a) without prior hearing when the department determines that the protection of the public health necessitates immediate action. Emergency orders shall take effect at the time the department specifies. As soon as is practicable, the department shall hold a public hearing after which it may modify or rescind the temporary emergency order or issue a special order under par. (a).

SB244,47,2 (c) 1. Any owner may secure a review of the necessity for and reasonableness of any order of the department under this subsection or s. 280.50 by first filing with the department a petition setting forth specifically the change desired in the order. The petition must be filed within 60 days of the issuance of the order sought to be reviewed. Upon receipt of a petition the department shall order a public hearing on the order and make whatever further investigation it determines is advisable. Pending the review and hearing, the department may suspend the order under terms and conditions to be fixed by the department on application of the petitioner. The department shall affirm, repeal, or change the order within 60 days after the close of the hearing on the petition.

SB244,47,4 2. The determination of the department under subd. 1. is subject to review under ch. 227.

SB244,47,6 (6) In addition to issuing an order under this section, the department may proceed under s. 280.28.

SB244,47,11 (7) The department may record an order under sub. (1) that relates to a water system, well, or other drill hole with the register of deeds of the county in which the water system, well, or other drill hole is located. If an order is recorded and the person complies with the order, the department shall record a satisfaction of the order with the register of deeds.

SB244,47,19 (8) In lieu of recording an order under sub. (7), the department may record an affidavit that sets forth facts showing that a violation or a condition exists, relating to a water system, well, or other drill hole, that would authorize the department to issue an order under sub. (1). In an affidavit recorded under this subsection, the department shall include a legal description of the property on which the water system, well, or other drill hole is located. An employee of the department shall sign the affidavit. If a person corrects the violation or the condition, the department shall record an affidavit describing that correction.

SB244,47,23 280.42 Inspection authority. (1) For purposes of administering and enforcing this chapter or any rule promulgated under this chapter, any authorized representative of the department who presents appropriate identification may, at any reasonable hour, enter public or private property to do any of the following:

SB244,47,24 (a) Inspect and obtain samples from any water system, well, or other drill hole.

SB244,48,2 (b) Conduct an investigation or inspection to ensure compliance with this chapter or with any rule promulgated or order issued under this chapter.

SB244,48,3 (c) Inspect records that the department requires to be kept.

SB244,48,6 (2) If an owner refuses a request to make his or her property accessible for inspection under sub. (1), the department's authorized representative may obtain a special inspection warrant as provided under s. 66.0119.

SB244,48,10 (3) No person may refuse to permit an authorized representative of the department who, at a reasonable hour, presents a special inspection warrant and appropriate identification to enter the person's property, to conduct an inspection, or to take samples.

SB244,48,17 280.44 Sampling; testing. (1) The department may, in accordance with rules promulgated under s. 280.05 (1) (i), require a well driller, well point driver, restricted drill hole constructor, or pump installer to take a sample of water from any water system for which the person provides services, to submit the sample to the state laboratory of hygiene or a laboratory approved under s. 93.12 or certified under s. 299.11 for analysis, and to provide the analysis to the department and the owner or operator of the water system or drill hole.

SB244,48,22 (3) If a person required to submit samples under sub. (1) fails to do so, the department may enter the person's property as provided under s. 280.42, if necessary, and take samples for analysis. The department shall charge the person responsible for sampling for the costs incurred under this subsection, according to fees established by the department by rule.

SB244,49,2 280.46 Enforcement. (1) General. (a) If the department determines that a person has violated this chapter, a rule promulgated under this chapter, or an order issued under this chapter, the department may refer the matter to the department of justice or the district attorney of the county in which the violation occurred for enforcement.

SB244,49,6 (b) If the department of justice commences an action after a referral under par. (a), the department of justice shall, before stipulation, consent order, judgment, or other final disposition, consult with the department of natural resources to determine that department's views on final disposition.

SB244,49,10 (2) Injunctions. In any action commenced under sub. (1) (a), the department of justice or a district attorney may seek, and the court may grant, a temporary or permanent injunction to prevent or restrain any violation of this chapter, a rule promulgated under this chapter, or an order issued under this chapter.

SB244,49,14 (3) Venue. An action under sub. (1) shall be commenced in the circuit court for the county in which the violation occurred in whole or in part. The proceedings may be transferred to the circuit court for Dane County if all parties stipulate to the transfer and if that court agrees to the transfer.

SB244,49,18 280.49 Penalties. (1) In subs. (2) to (4), "violation" means a violation of this chapter, a rule promulgated under this chapter, or an order, license, or approval issued under this chapter or the falsification of any report required under this chapter.

SB244,49,21 (2) Any individual who is a licensed well driller, well point driver, restricted drill hole constructor, or pump installer or is licensed under ch. 145 who commits a violation shall forfeit not less than $10 nor more than $1,000 for each violation.

SB244,49,23 (3) Any person, other than a person specified under sub. (2), who commits a violation shall forfeit not less than $10 nor more than $5,000 for each violation.

SB244,50,3 (4) Any person who intentionally commits a violation shall, for each violation, be fined not less than $100 nor more than $10,000 or imprisoned for not more than 6 months or both.