SB523: Bill Text

SB523,142,23 (14) Penalties. (a) Any person who violates this section or any rule promulgated or approval issued under this section shall forfeit not less than $10 nor more than $10,000 for each violation. Each day of continued violation is a separate offense.

SB523,143,2 (c) In addition to the penalties under par. (a), the court may order the defendant to abate any nuisance, restore a natural resource, or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the defendant.

SB523, s. 12 Section 12. 281.348 of the statutes is created to read:

SB523,143,5 281.348 Regional water supply service area plans for public water supply systems. (1) Definitions. In this section:

SB523,143,7 (a) "Compact's effective date" means the effective date of the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343 (9) (d).

SB523,143,11 (b) "Cost-effectiveness analysis" means a systematic comparison of alternative means of providing a water supply in order to identify the alternative that will minimize total resources costs and maximize environmental benefits over a planning period.

SB523,143,13 (c) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois—Rivieres, Quebec.

SB523,143,17 (d) "Public water supply" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers.

SB523,143,19 (e) "Total resources costs" includes monetary costs and direct and indirect environmental as well as other nonmonetary costs.

SB523,143,20 (f) "Withdraw" means to take water from surface water or groundwater.

SB523,143,23 (g) "Withdrawal" means the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water.

SB523,144,3 (2) Determinations concerning applicability of requirements. (a) For the purposes of this section, the surface water divide is used to determine whether a withdrawal of surface water or groundwater is from the Great Lakes basin.

SB523,144,6 (b) For the purposes of this section, the withdrawal of water from more than one source within the Great Lakes basin to supply a common distribution system is considered one withdrawal.

SB523,144,11 (3) Requirements. (a) 1. The department shall establish and administer a continuing water supply planning process for the preparation of water supply plans for persons operating public water supply systems. The period covered by a plan under this subsection may not exceed 20 years. A regional planning commission may prepare plans for persons operating public water supply systems.

SB523,144,14 2. A person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from the waters of the state shall have an approved plan under this section no later than December 31, 2025.

SB523,144,16 (b) The department shall include in the process under par. (a) procedures and requirements for all of the following:

SB523,144,20 1. Public review and comment on a proposed plan. For a plan submitted after the compact's effective date covering a public water supply system that withdraws water from the Great Lakes basin, the procedures and requirements under this subdivision shall be consistent with s. 281.343 (6) (b).

SB523,144,23 2. Approval of a plan by the governing body of each city, village, and town whose public water supply is addressed by the plan before the plan is submitted to the department.

SB523,144,24 2m. Approval of a plan by the department.

SB523,144,25 3. Ensuring that plans remain current.

SB523,145,1 4. Intergovernmental cooperation.

SB523,145,3 5. Reopening or reconsideration by the department of a previously approved plan.

SB523,145,5 (c) A person preparing a plan under par. (a) shall include all of the following in the plan:

SB523,145,8 1. Delineation of the area for which the plan is being prepared and proposed water service areas for each public water supply system making a withdrawal covered by the plan.

SB523,145,10 2. An inventory of the sources and quantities of the current water supplies in the area.

SB523,145,12 3. A forecast of the demand for water in the area over the period covered by the plan.

SB523,145,15 3m. Identification of the existing population and population density of the area for which the plan is prepared and forecasts of the expected population and population density of the area during the period covered by the plan.

SB523,145,19 4. Identification of the options for supplying water in the area for the period covered by the plan that are approvable under other applicable statutes and rules and that are cost-effective based upon a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB523,145,21 5. An assessment of the environmental, social, and economic impacts of carrying out specific significant recommendations of the plan.

SB523,145,23 6. A demonstration that the plan will effectively maximize the use of existing water supply and wastewater infrastructure.

SB523,145,25 7. Identification of the procedures for implementing and enforcing the plan and a commitment to using those procedures.

SB523,146,3 8. An analysis of how the plan supports and is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable approved areawide water quality management plans under s. 283.83.

SB523,146,4 9. Other information specified by the department.

SB523,146,6 (d) The department may not approve a plan under this subsection unless all of the following apply:

SB523,146,10 1. The plan provides for the most cost-effective water supply system that is approvable under this section and other applicable statutes and rules based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB523,146,12 2. The plan will effectively maximize the use of existing water supply and wastewater infrastructure.

SB523,146,14 3. The plan is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a).

SB523,146,17 4. The plan is consistent with any applicable approved areawide water quality management plans under s. 283.83 and those plans were updated within 5 years before the proposed plan is submitted to the department.

SB523,146,20 5. Beginning on the compact's effective date, if the plan covers a public water supply system that withdraws water from the Great Lakes basin, the plan complies with any applicable requirements in s. 281.346 (5e).

SB523,146,23 (e) The department shall specify in a plan under this section a water supply service area for each public water supply system making a withdrawal covered by the plan.

SB523,147,3 (f) A person applying for an approval under s. 281.344 (4) or 281.346 (4) may use elements of an approved plan under this subsection to show compliance with requirements under s. 281.344 (4) or 281.346 (4) to which the plan is relevant.

SB523,147,7 (4) Withdrawal amount in certain plans. In a plan under this section that covers a public water supply system making a withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system equal to the greatest of the following:

SB523,147,11 (a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

SB523,147,18 (b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5) when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s) when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i) when the department approves the plan.

SB523, s. 13 Section 13. 281.35 (1) (b) 2. of the statutes is amended to read:

SB523,147,23 281.35 (1) (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, 281.34, or 281.41 or s. 281.17 (1), 2001 stats.

SB523, s. 14 Section 14. 281.35 (1) (bm) of the statutes is created to read:

SB523,148,2 281.35 (1) (bm) "Compact's effective date" means the effective date of the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343.

SB523, s. 15 Section 15. 281.35 (2) (a) of the statutes is repealed.

SB523, s. 16 Section 16. 281.35 (2) (b) of the statutes is renumbered 281.35 (2).

SB523, s. 17 Section 17. 281.35 (3) of the statutes is repealed.

SB523, s. 18 Section 18. 281.35 (4) (a) (intro.) of the statutes is amended to read:

SB523,148,8 281.35 (4) (a) (intro.) This Except as provided in par. (c), this subsection applies to all of the following:

SB523, s. 19 Section 19. 281.35 (4) (c) of the statutes is created to read:

SB523,148,11 281.35 (4) (c) After the compact's effective date, this subsection does not apply to a person who withdraws water from the Great Lakes basin.

SB523, s. 20 Section 20. 281.35 (5) (a) 13. of the statutes is amended to read:

SB523,148,17 281.35 (5) (a) 13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 281.12 (1) and s. 283.83 and the requirements specified in any water quantity resources plan under sub. (8).

SB523, s. 21 Section 21. 281.35 (5) (b) of the statutes is amended to read:

SB523,149,7 281.35 (5) (b) Great Lakes basin; consultation required. If the department receives an application before the compact's effective date that, if approved, will result in a new water loss to the Great Lakes basin averaging more than 5,000,000 gallons per day in any 30-day period, or an increase in an existing withdrawal that will result in a water loss averaging 5,000,000 gallons per day in any 30-day period above the applicant's authorized base level of water loss, the department shall notify the office of the governor or premier and the agency responsible for management of water resources in each state and province of the Great Lakes region and, if required under the boundary water agreement of 1909, the international joint commission. The department shall also request each state and province that has cooperated in establishing the regional consultation procedure under sub. (11) (f) (11m) to comment on the application. In making its determination on an application, the department shall consider any comments that are received within the time limit established under par. (c).

SB523, s. 22 Section 22. 281.35 (5) (c) (intro.) of the statutes is amended to read:

SB523,149,13 281.35 (5) (c) Department response. (intro.) Within the time limit established by the department by rule, which, before the compact's effective date, shall be consistent with the time limit, if any, established by the governors and premiers of the Great Lakes states and provinces, the department shall do one of the following in writing:

SB523, s. 23 Section 23. 281.35 (5) (d) 2. of the statutes is amended to read:

SB523,149,18 281.35 (5) (d) 2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under ss. 281.12 (1) and s. 283.83 and any water quantity resources plan prepared under sub. (8).

SB523, s. 24 Section 24. 281.35 (8) of the statutes is repealed.

SB523, s. 25 Section 25. 281.35 (9) (a) of the statutes is amended to read:

SB523,150,2 281.35 (9) (a) The Wisconsin coastal management council, established under executive order number 62, dated August 2, 1984, shall amend this state's coastal management program submitted to the U.S. secretary of commerce under 16 USC 1455, to incorporate the requirements of this section and s. 281.344 and the findings and purposes specified in 1985 Wisconsin Act 60, section 1, as they apply to the water resources of the Great Lakes basin, and shall formally submit the proposed amendments to the U.S. secretary of commerce.

SB523, s. 26 Section 26. 281.35 (9) (d) of the statutes is created to read:

SB523,150,4 281.35 (9) (d) This subsection does not apply after the compact's effective date.

SB523, s. 27 Section 27. 281.35 (10) (a) 4. of the statutes is repealed.

SB523, s. 28 Section 28. 281.35 (11) (intro.) of the statutes is amended to read:

SB523,150,8 281.35 (11) Cooperation with other states and provinces. (intro.) The Before the compact's effective date, the department shall do all of the following:

SB523, s. 29 Section 29. 281.35 (11) (f) of the statutes is renumbered 281.35 (11m) and amended to read:

SB523,150,14 281.35 (11m) Upper Mississippi River basin consultation. Participate The department shall participate in the development of an upper Mississippi River basin regional consultation procedure for use in exchanging information on the effects of proposed water losses from that basin.

SB523, s. 30 Section 30. 281.35 (12) (c) of the statutes is amended to read:

SB523,150,21 281.35 (12) (c) This state reserves the right to seek, in any state, federal or provincial forum, an adjudication of the equitable apportionment of the water resources of the Great Lakes basin or upper Mississippi River basin and, before the compact's effective date, of the Great Lakes basin, and the protection and determination of its rights and interests in those water resources, in any manner provided by law.

SB523, s. 31 Section 31. 281.41 (1) (c) of the statutes is amended to read:

SB523,151,9 281.41 (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, 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. The department shall disapprove plans that are not in conformance with any applicable approved water supply service area plan under s. 281.348.

SB523, s. 32 Section 32. 281.41 (4) of the statutes is created to read:

SB523,151,16 281.41 (4) When the department receives for review a plan under sub. (1) that would result in returning water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB523, s. 33 Section 33. 281.94 (1) of the statutes is amended to read:

SB523,152,3 281.94 (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal, as defined under s. 281.35 (1) (m), alleged to be in violation of s. 281.35 (3) (a), 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

SB523, s. 34 Section 34. 281.95 of the statutes is amended to read:

SB523,152,16 281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal, as defined under s. 281.35 (1) (m), in violation of s. 281.35 (3) (a), 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal, as defined under s. 281.35 (1) (m), which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.

SB523, s. 35 Section 35. 281.98 (1) of the statutes is amended to read:

SB523,152,23 281.98 (1) Except as provided in ss. 281.344 (14) (a), 281.346 (14) (a), 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.

SB523, s. 36 Section 36. 283.41 (3) of the statutes is created to read:

SB523,153,6 283.41 (3) When the department receives an application for a permit for a discharge that would return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB523, s. 37 Section 37. 283.83 of the statutes is renumbered 283.83 (1).

SB523, s. 38 Section 38. 283.83 (2) of the statutes is created to read: