SB244: Bill Text

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:

SB244,7,2 59.70 (1) Building and sanitary codes. The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private sewage system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well code ordinances enacted under sub. (6).

SB244, s. 12 Section 12. 59.70 (6) (title) of the statutes is amended to read:

SB244,7,4 59.70 (6) (title) Optional private well code and pump installation ordinances.

SB244, s. 13 Section 13. 59.70 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 59.70 (6) (a) and amended to read:

SB244,7,8 59.70 (6) (a) Definitions Definition. In this subsection: 1. "Department", "department" means the department of natural resources.

SB244, s. 14 Section 14. 59.70 (6) (a) 2. and 3. of the statutes are repealed.

SB244, s. 15 Section 15. 59.70 (6) (b) of the statutes is repealed and recreated to read:

SB244,7,12 59.70 (6) (b) Contents. 1. If authorized by the department under s. 280.30 (2), a county may enact and enforce an ordinance regulating any of the following:

SB244,7,13 a. The location of private wells.

SB244,7,16 b. The abandonment of private wells and other drill holes that are unused or unsafe because of the presence of bacteria or do not comply with ch. 280 or rules promulgated under that chapter.

SB244,7,17 c. The construction and reconstruction of private wells.

SB244,7,18 d. The installation of pumps in private wells.

SB244,7,19 e. The modification of existing pump installations in private wells.

SB244,7,20 f. The inspection of private water systems, as defined in s. 280.01 (10).

SB244,7,24 2. The county may require that a permit be obtained before a person engages in an activity regulated by the ordinance under subd. 1. The county may establish a schedule of fees for the issuance of permits required by the ordinance and for related inspections.

SB244,8,3 3. The provisions of an ordinance enacted under this paragraph that regulate the abandonment of private wells and drill holes do not apply in any portion of a local governmental unit that is covered by an ordinance enacted under s. 66.0437.

SB244, s. 16 Section 16. 59.70 (6) (c) of the statutes is repealed and recreated to read:

SB244,8,10 59.70 (6) (c) Revocation. If the department, under s. 280.30 (4), revokes all or part of the authority of a county to enforce an ordinance under par. (b), the county shall immediately cease all activities under the ordinance or part of the ordinance with respect to which authority is revoked and may not resume any of those activities unless notified by the department to do so at the conclusion of all administrative and judicial proceedings arising out of the revocation.

SB244, s. 17 Section 17. 59.70 (6) (e) of the statutes is repealed.

SB244, s. 18 Section 18. 60.44 (1) (a) of the statutes is amended to read:

SB244,8,16 60.44 (1) (a) Claims for money against a town or against officers, officials, agents or employees of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s. 893.80 (1) (b). This paragraph does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 19 Section 19. 60.44 (3) of the statutes is amended to read:

SB244,8,22 60.44 (3) Court actions to recover claims. Subsection (2), or an ordinance adopted under that subsection, does not affect the applicability of s. 893.80. No action may be brought or maintained against a town upon a claim 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. 20 Section 20. 62.25 (1) of the statutes is amended to read:

SB244,9,2 62.25 (1) Claims. No action may be brought or maintained against a city upon a claim or 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. 21 Section 21. 62.69 (2) (k) of the statutes is repealed and recreated to read:

SB244,9,5 62.69 (2) (k) Rules, regulations, and ordinances concerning plumbing shall conform to ss. 59.70 (5) and 145.13.

SB244, s. 22 Section 22. 66.0437 of the statutes is created to read:

SB244,9,8 66.0437 Well abandonment ordinances. (1) In this section, "local governmental unit" has the meaning given in s. 280.01 (7).

SB244,9,21 (2) (a) Each local governmental unit that is served by a community water system, as defined in s. 280.01 (1), shall enact and enforce an ordinance requiring the abandonment of any well or drill hole that is on property adjacent to a water main and that is unused or is unsafe because of the continued presence of bacteria or that does not comply with ch. 280 or rules promulgated under that chapter. The ordinance shall require abandonment to be done in accordance with rules promulgated under ch. 280. The ordinance may allow a well that is on property adjacent to a water main to remain in existence only if the well is used, is bacteriologically safe, and complies with ch. 280 and rules promulgated under that chapter. The local governmental unit may require the owner of a well to obtain a permit and may charge a permit fee that is based on the local governmental unit's costs under this paragraph. The ordinance shall also require the elimination of cross-connections within the community water system and plumbing systems.

SB244,9,25 (am) Before enacting or modifying an ordinance under par. (a), a local governmental unit shall submit its proposed ordinance to the department of natural resources. The local governmental unit may not enact or modify the ordinance without the approval of the department of natural resources.

SB244,10,14 (3) The local governmental unit shall notify any person who is in violation of an ordinance enacted under sub. (2) and order the person to correct the violation within 30 days. If the person fails to comply with the order, the local governmental unit may impose a forfeiture of not more than $100 for each day of continued violation after the expiration of the 30 days. In addition, the local governmental unit may take any action necessary to correct the violation and charge the cost as a special assessment against the property on which the violation occurs. Except in a 1st class city, if the property owner, within 30 days after completion of the work required to correct the violation, files a written request with the clerk of the local governmental unit for installment payments, the local governmental unit shall assess the costs in 5 equal annual installments with interest at a rate not to exceed 15% per year from the date of completion of the work. If the property owner does not file such a request, or if the property is located in a 1st class city, the property owner shall pay the entire amount due in the following year.

SB244, s. 23 Section 23. 66.0803 (1) (a) of the statutes is amended to read:

SB244,11,7 66.0803 (1) (a) A town, village or city may construct, acquire or lease any plant and equipment located in or outside the municipality, including interest in or lease of land, for furnishing water, light, heat or power, to the municipality or its inhabitants; may acquire a controlling portion of the stock of any privately owned corporation owning private waterworks a public water system, as defined in s. 280.01 (12), or a lighting plant and equipment; and may purchase the equity of redemption in a mortgaged or bonded waterworks public water system, as defined in s. 280.01 (12), or lighting system, including cases where the municipality in the franchise has reserved right to purchase. The character or duration of the franchise, permit or grant under which any public utility is operated does not affect the power to acquire the public utility under this subsection. Two or more public utilities owned by the same person or corporation, or 2 or more public utilities subject to the same lien or charge, may be acquired as a single enterprise. The board or council may agree with the owner or owners of any public utility or utilities on the value of the utility or utilities and may contract to purchase or acquire at that value, upon those terms and conditions mutually agreed upon between the board or council and the owner or owners.

SB244, s. 24 Section 24. 88.145 of the statutes is amended to read:

SB244,11,16 88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employee or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employees of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 25 Section 25. 97.34 (2) (b) of the statutes is amended to read:

SB244,11,23 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under s. 280.11, 281.15 or 281.17 (8) 280.05 (1) (f) and with health-related groundwater enforcement standards adopted by the department of natural resources under ch. 160.

SB244, s. 26 Section 26. 101.143 (1) (c) of the statutes is amended to read:

SB244,12,2 101.143 (1) (c) "Groundwater" has the meaning designated under given in s. 281.75 (1) (c) 160.01 (4).

SB244, s. 27 Section 27. 118.26 of the statutes is amended to read:

SB244,12,7 118.26 Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with s. 893.80. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99 280.50.

SB244, s. 28 Section 28. 119.68 (2) of the statutes is amended to read:

SB244,12,11 119.68 (2) No action may be brought or maintained against the school upon a claim or 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. 29 Section 29. 145.06 (4) (b) of the statutes is amended to read:

SB244,12,17 145.06 (4) (b) Plumbing from the private water supply pump to and including the initial pressure tank or building control valve, water service piping from the pump to one or more buildings and connection to an existing water distribution system, when installed by persons licensed as pump installers under ch. 280 s. 280.24.