SB244: Bill Text

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.

SB244,50,5 (5) For purposes of subs. (2) to (4), each violation is a separate offense and each day of continued violation is a separate offense.

SB244,50,10 (6) (a) Notwithstanding subs. (2) to (4), any person who violates this chapter, a rule promulgated under this chapter, or an order, license, or approval issued under this chapter with respect to any requirement of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26, shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of continued violation is a separate offense.

SB244,50,17 (b) Notwithstanding subs. (2) to (4), any person who intentionally commits an act that violates, or intentionally fails to perform an act required by, this chapter, a rule promulgated under this chapter, or an order, license, or approval issued under this chapter with respect to any requirement of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26, is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 for each day of violation.

SB244,50,19 Subchapter VI Financial assistance

SB244, s. 41 Section 41. Chapter 281 (title) of the statutes is amended to read:

SB244,50,22 CHAPTER 281 water POLLUTION and sewage

SB244, s. 42 Section 42. 281.01 (8) of the statutes is amended to read:

SB244,51,2 281.01 (8) "Owner" means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution or individual owning or operating any water supply, sewerage or water system or sewage and refuse disposal plant.

SB244, s. 43 Section 43. 281.01 (15) of the statutes is amended to read:

SB244,51,13 281.01 (15) "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. 44 Section 44. 281.01 (16) of the statutes is amended to read:

SB244,51,16 281.01 (16) "System or plant" includes water and sewerage systems and sewage and refuse disposal plants.

SB244, s. 45 Section 45. 281.01 (20) of the statutes is repealed.

SB244, s. 46 Section 46. 281.12 (3) of the statutes is amended to read:

SB244,51,24 281.12 (3) The department, upon request, shall consult with and advise owners who have installed or are about to install systems or plants, as to the most appropriate water source and the best method of providing for its purity, or as to the best method of disposing of wastewater, including operations and maintenance, taking into consideration the future needs of the community for protection of its water supply. The department is not required to prepare plans.

SB244, s. 47 Section 47. 281.13 (title) of the statutes is repealed and recreated to read:

SB244,52,1 281.13 (title) Research.

SB244, s. 48 Section 48. 281.13 (1) (a) of the statutes is renumbered 280.03 (2), and 280.03 (2) (intro.), as renumbered, is amended to read:

SB244,52,6 280.03 (2) (intro.) The department is authorized to act Act with the U.S. geological survey in determining the sanitary and other conditions and nature of the natural water sources in this state, for the following purposes:

SB244, s. 49 Section 49. 281.13 (1) (b) of the statutes is repealed.

SB244, s. 50 Section 50. 281.13 (3) of the statutes is renumbered 281.13.

SB244, s. 51 Section 51. 281.17 (3) of the statutes is amended to read:

SB244,53,4 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

SB244, s. 52 Section 52. 281.17 (8) of the statutes is repealed.

SB244, s. 53 Section 53. 281.17 (9) of the statutes is renumbered 280.03 (8m) and amended to read:

SB244,53,11 280.03 (8m) The department may require Require owners of water systems to demonstrate the technical, managerial, and financial capacity to comply with national primary drinking water regulations under 42 USC 300g-1 and may assist owners of water systems to develop that capacity.

SB244, s. 54 Section 54. 281.19 (2) (a) of the statutes is amended to read:

SB244,53,24 281.19 (2) (a) The department may issue special orders directing particular owners to remedy violations of the safe drinking water program under s. 281.17 (8) and (9) or to secure such operating results toward the control of pollution of the waters of the state as the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as 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 therefor. If any order is not complied with within the time period specified, the department shall immediately notify the attorney general of this fact. After receiving the notice, the attorney general shall may commence an action under s. 299.95.

SB244, s. 55 Section 55. 281.35 (1) (a) and (b) 2. of the statutes are amended to read:

SB244,54,2 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval under s. 280.10, 281.17 (1) or 281.41.

SB244,54,5 (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 280.10 (3), 281.17 (1) or 281.41.

SB244, s. 56 Section 56. 281.35 (4) (a) 3. and (b) (intro.) of the statutes are amended to read:

SB244,54,13 281.35 (4) (a) 3. An owner who is operating a sewage system or sewage and refuse disposal plant under plans approved under s. 281.41 or, who is required to submit plans and obtain an approval under that section before construction or extension, modification, or operation of a proposed sewage system or sewage and refuse disposal plant, who is operating a water system under an approval under s. 280.10, or who is required to obtain an approval under s. 280.10 before construction, modification, or operation of a water system.

SB244,54,17 (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 280.10 (1), 281.17 (1) or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

SB244, s. 57 Section 57. 281.41 (1) (c) of the statutes is amended to read:

SB244,55,3 281.41 (1) (c) Construction or material change shall be according to approved plans only. The department may disapprove plans that are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended 33 USC 1251 to 1387, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department.

SB244, s. 58 Section 58. 281.45 of the statutes is amended to read:

SB244,55,24 281.45 House connections. To assure preservation of preserve the public health, comfort and safety, any city, village or town or town sanitary district having a system of waterworks or sewerage, or both, may municipality with a sewerage system shall by ordinance require buildings used for human habitation and located adjacent to a sewer or water main, or in a block through which one or both of these systems extend, to be connected with either or both to the sewerage system in the manner prescribed by the municipality. If any person fails to comply with the ordinance for more than 10 days after notice in writing, the municipality may impose a penalty or may cause forfeiture. The municipality may also complete the connection to be made, and charge the expense thereof shall be assessed as a special tax assessment against the property. Except in 1st class cities, the owner may, within 30 days after the completion of the work, file a written option with the municipal clerk stating that he or she cannot pay the amount in one sum and asking that it be levied in not to exceed municipality shall collect the special assessment in 5 equal annual installments, and the amount shall be so collected with interest at a rate not to exceed 15% per year from the completion of the work, the unpaid balance to be a special tax lien if the property owner files a written request with the municipal clerk within 30 days after completion of the connection. If the property owner does not file a request or if the property is located in a 1st class city, the property owner shall pay the entire sum in a single payment.

SB244, s. 59 Section 59. 281.53 of the statutes is renumbered 280.54, and 280.54 (1) and (3), as renumbered, are amended to read:

SB244,56,11 280.54 (1) The department may award a municipal clean drinking water grant, from the appropriation under s. 20.866 (2) (tb), to a municipality local governmental unit for capital costs to achieve compliance with standards for contaminants established by the department by rule under the safe drinking water program under s. 281.17 (8) 280.03 (1), if the municipality local governmental unit is not in compliance with those standards on or after April 1, 1990, if the municipality local governmental unit incurs the capital costs after January 1, 1989, and if the violation of the standards for contaminants occurs in a public water system owned by the municipality local governmental unit.

SB244,56,16 (3) The department shall rank applicants for grants under this section on the basis of the severity of risk to human health posed by each applicant's violation of the standards for contaminants. If insufficient funds are available for providing grants to eligible municipalities local governmental units, the department shall allocate grants based on the severity of risk to human health.

SB244, s. 60 Section 60. 281.75 (title) and (1) (intro.), (a) and (b) of the statutes are renumbered 280.52 (title) and (1) (intro.), (a) and (b).

SB244, s. 61 Section 61. Subchapter VI (title) of chapter 281 [precedes s. 281.75] of the statutes is repealed.

SB244, s. 62 Section 62. 281.75 (1) (c) of the statutes is repealed.

SB244, s. 63 Section 63. 281.75 (1) (d) to (g) of the statutes are renumbered 280.52 (1) (d) to (g).

SB244, s. 64 Section 64. 281.75 (1) (h) of the statutes is renumbered 280.52 (1) (h) and amended to read:

SB244,57,3 280.52 (1) (h) "Well" Notwithstanding s. 280.01 (15), "well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.

SB244, s. 65 Section 65. 281.75 (2) and (3) of the statutes are renumbered 280.52 (2) and (3).

SB244, s. 66 Section 66. 281.75 (4) of the statutes is renumbered 280.52 (4).

SB244, s. 67 Section 67. 281.75 (4m) to (11) of the statutes are renumbered 280.52 (4m) to (11).

SB244, s. 68 Section 68. 281.75 (12) (intro.) and (a) of the statutes are renumbered 280.52 (12) (intro.) and (a).

SB244, s. 69 Section 69. 281.75 (12) (b) of the statutes is renumbered 280.52 (12) (b) and amended to read:

SB244,57,15 280.52 (12) (b) If the well is a drilled well, it is constructed by a well driller licensed under ch. 280 s. 280.24 or, if the well is a sandpoint well, it is constructed by a well driller or pump installer well point driver licensed under ch. 280 s. 280.24.

SB244, s. 70 Section 70. 281.75 (13) to (17) of the statutes are renumbered 280.52 (13) to (17).

SB244, s. 71 Section 71. 281.75 (18) of the statutes is renumbered 280.52 (18) and amended to read:

SB244,57,25 280.52 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 this chapter if the department finds that the licensee falsified information submitted under this section. The department of commerce may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce finds that the plumber falsified information submitted under this section.

SB244, s. 72 Section 72. 281.75 (19) of the statutes is renumbered 280.52 (19), and 280.52 (19) (intro.), as renumbered, is amended to read:

SB244,58,5 280.52 (19) Penalties. (intro.) Whoever Notwithstanding s. 280.49, whoever does any of the following shall forfeit not less than $100 nor more than $1,000 and shall be required to repay an award issued to that person under this section:

SB244, s. 73 Section 73. 281.77 of the statutes is renumbered 280.19, and 280.19 (title), (1) (b) and (3), as renumbered, are amended to read:

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