AB926: Bill Text

AB926,292,14 283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, subchs. I to III of ch. 30 or chs. 31, 281, 285 or 289 to 299 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

AB926, s. 1050 Section 1050. 283.87 (4) of the statutes is amended to read:

AB926,292,22 283.87 (4) Aids to municipalities; environmental damage compensation. The department may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 20.375 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under sub. (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

AB926, s. 1051 Section 1051. 283.89 (2m) of the statutes is amended to read:

AB926,293,2 283.89 (2m) If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50 to 23.99 278.50 to 278.90 apply.

AB926, s. 1052 Section 1052. 285.01 (13) of the statutes is amended to read:

AB926,293,5 285.01 (13) "Department" means the department of natural resources environmental quality.

AB926, s. 1053 Section 1053. 285.01 (38) of the statutes is amended to read:

AB926,293,8 285.01 (38) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1054 Section 1054. 285.11 (6) (intro.) of the statutes is amended to read:

AB926,293,20 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary of environmental quality or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

AB926, s. 1055 Section 1055. 285.48 (2) of the statutes is amended to read:

AB926,294,5 285.48 (2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

AB926, s. 1056 Section 1056. 285.48 (3) (d) (intro.) of the statutes is amended to read:

AB926,294,11 285.48 (3) (d) (intro.) If the department of natural resources implements a state implementation plan specified in sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources shall do each of the following:

AB926, s. 1057 Section 1057. 285.57 (4) of the statutes is amended to read:

AB926,294,15 285.57 (4) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2).

AB926, s. 1058 Section 1058. 285.59 (7) of the statutes is amended to read:

AB926,294,19 285.59 (7) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2), (3) (c) or (4).

AB926, s. 1059 Section 1059. 285.69 (2) (c) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,294,24 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited to the appropriations under s. 20.370 20.375 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) (jh), (sg),and (th) for the following:

AB926, s. 1060 Section 1060. 285.69 (2m) (bm) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,295,6 285.69 (2m) (bm) (intro.) The fees collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB926, s. 1061 Section 1061. 285.69 (3) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,295,21 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 20.375 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB926, s. 1062 Section 1062. 285.69 (7) of the statutes is amended to read:

AB926,296,3 285.69 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 20.375 (2) (bg).

AB926, s. 1063 Section 1063. 285.85 (1) of the statutes is amended to read:

AB926,296,12 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board secretary shall affirm, modify or set aside the order of the secretary.

AB926, s. 1064 Section 1064. 285.86 (1) of the statutes is amended to read:

AB926,296,16 285.86 (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture from a person who commits a violation specified under sub. (2).

AB926, s. 1065 Section 1065. 287.01 (1) of the statutes is amended to read:

AB926,296,19 287.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1066 Section 1066. 287.25 (5) (a) of the statutes is amended to read:

AB926,296,23 287.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 20.375 (6) (br).

AB926, s. 1067 Section 1067. 287.91 (4) of the statutes is amended to read:

AB926,297,3 287.91 (4) The department of natural resources environmental quality shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 20.375 (2) (ma).

AB926, s. 1068 Section 1068. 287.95 (4) of the statutes is amended to read:

AB926,297,7 287.95 (4) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for the violations under subs. (1), (2) (b) and (3) (b).

AB926, s. 1069 Section 1069. 289.01 (7) of the statutes is amended to read:

AB926,297,10 289.01 (7) "Department" means the department of natural resources environmental quality.

AB926, s. 1070 Section 1070. 289.01 (31) of the statutes is amended to read:

AB926,297,13 289.01 (31) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1071 Section 1071. 289.09 (2) (d) of the statutes is amended to read:

AB926,298,7 289.09 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter, ch. 287 or s. 299.15. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department of natural resources or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department of natural resources or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department of natural resources or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department of natural resources or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

AB926, s. 1072 Section 1072. 289.25 (1) of the statutes is amended to read:

AB926,298,18 289.25 (1) Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5) 278.40 (1m), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5).

AB926, s. 1073 Section 1073. 289.29 (1) (c) of the statutes is amended to read:

AB926,298,25 289.29 (1) (c) The department may receive into evidence at a hearing conducted under s. 289.26 or 289.27 any environmental impact assessment or environmental impact statement for the facility prepared under s. 1.11 and any environmental impact report prepared under s. 23.11 (5) 278.40 (1m). The adequacy of the environmental impact assessment, environmental impact statement or environmental impact report is not subject to challenge at that hearing.

AB926, s. 1074 Section 1074. 289.31 (7) (f) of the statutes is amended to read:

AB926,299,10 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 20.375 (2) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB926, s. 1075 Section 1075. 289.43 (7) (c) of the statutes is amended to read:

AB926,299,19 289.43 (7) (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 and, 87.30, and 278.40. If the proposal does not comply with one or more of the requirements specified in this paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this subsection within 90 days.

AB926, s. 1076 Section 1076. 289.43 (7) (e) 3. of the statutes is amended to read:

AB926,299,22 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation under s. 20.370 20.375 (2) (dg).

AB926, s. 1077 Section 1077. 289.64 (6) of the statutes is amended to read:

AB926,300,3 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 20.375 (2) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

AB926, s. 1078 Section 1078. 289.68 (1) of the statutes is amended to read:

AB926,300,12 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).

AB926, s. 1079 Section 1079. 289.68 (3) of the statutes is amended to read:

AB926,300,19 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

AB926, s. 1080 Section 1080. 289.68 (4) of the statutes is amended to read:

AB926,300,24 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

AB926, s. 1081 Section 1081. 289.68 (5) of the statutes is amended to read:

AB926,301,3 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

AB926, s. 1082 Section 1082. 289.68 (6) of the statutes is amended to read:

AB926,301,7 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

AB926, s. 1083 Section 1083. 289.68 (7) of the statutes is amended to read:

AB926,301,13 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

AB926, s. 1084 Section 1084. 291.01 (2) of the statutes is amended to read:

AB926,301,16 291.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1085 Section 1085. 292.01 (2) of the statutes is amended to read:

AB926,301,19 292.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1086 Section 1086. 292.01 (17) of the statutes is amended to read:

AB926,301,22 292.01 (17) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1087 Section 1087. 292.11 (6) (a) of the statutes is amended to read:

AB926,302,4 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

AB926, s. 1088 Section 1088. 292.11 (6) (b) of the statutes is amended to read:

AB926,302,9 292.11 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 20.375 (2) (dv) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB926, s. 1089 Section 1089. 292.11 (6) (c) 2. of the statutes is amended to read:

AB926,302,13 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 20.375 (2) (my).

AB926, s. 1090 Section 1090. 292.12 (1) (a) of the statutes is amended to read:

AB926,302,20 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources environmental quality with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB926, s. 1091 Section 1091. 292.255 of the statutes is amended to read:

AB926,303,2 292.255 Report on brownfield efforts. The department of natural resources environmental quality, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 (1) (a).

AB926, s. 1092 Section 1092. 292.31 (4) of the statutes is amended to read:

AB926,303,10 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response rules under sub. (2) or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which that is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 20.375 (2) (dv) prior to making other payments from that appropriation.

AB926, s. 1093 Section 1093. 292.31 (7) (am) 2. of the statutes is amended to read:

AB926,303,19 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.