AB926: Bill Text

AB926,201,23 92.15 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources environmental quality that the regulations are necessary to achieve water quality standards under s. 281.15.

AB926,202,2 (b) The department of agriculture, trade and consumer protection and the department of natural resources environmental quality shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).

AB926, s. 840 Section 840. 92.18 (4) of the statutes is amended to read:

AB926,202,5 92.18 (4) The department shall promulgate rules under this section in consultation with the department of natural resources environmental quality.

AB926, s. 841 Section 841. 92.18 (5) of the statutes is amended to read:

AB926,202,9 92.18 (5) Any training required under this section may be conducted by the department or the department of natural resources environmental quality or by another person with the approval of the department.

AB926, s. 842 Section 842. 93.06 (3m) of the statutes is created to read:

AB926,202,13 93.06 (3m) Camp fires. Regulate camp fires and smoking in state forests at such times and in such designated localities, as it may find reasonably necessary to reduce the danger of destructive forest fires.

AB926, s. 843 Section 843. 93.07 (12) of the statutes is amended to read:

AB926,202,21 93.07 (12) Plant pests. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s. 23.114 or the department of natural resources under s. 26.30, and suggest methods of control.

AB926, s. 844 Section 844. 93.077 of the statutes is created to read:

AB926,203,2 93.077 Sale of aerial photographic survey products. The department may sell to any person the selection of photographic products from the aerial photographic survey conducted under s. 23.325. The department may retain an amount equal to the costs that it incurs in selling and reproducing the photographic products.

AB926, s. 845 Section 845. 93.12 (5) of the statutes is amended to read:

AB926,203,10 93.12 (5) The department shall establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The department shall submit any rules proposed under this subsection which affect the laboratory certification program under s. 299.11 to the department of natural resources environmental quality and to the state laboratory of hygiene for review and comment. These rules may not take effect unless they are approved by the department of natural resources within 6 months after submission.

AB926, s. 846 Section 846. 93.12 (8) of the statutes is amended to read:

AB926,203,17 93.12 (8) The department shall enter into a memorandum of understanding with the department of natural resources environmental quality setting forth the responsibilities of each department in administering the laboratory certification programs under sub. (5) and s. 299.11. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.

AB926, s. 847 Section 847. 93.12 (9) of the statutes is amended to read:

AB926,203,22 93.12 (9) The department shall recognize the certification or registration of a laboratory by the department of natural resources environmental quality under s. 299.11 and shall accept the results of any test conducted by a laboratory certified or registered to conduct that category of test under that section.

AB926, s. 848 Section 848. 93.46 (1m) (b) of the statutes is amended to read:

AB926,204,2 93.46 (1m) (b) The department of natural resources and the department of environmental quality shall assist persons in obtaining any license or approval required by any state or federal agency to conduct a commercial aquaculture operation.

AB926, s. 849 Section 849. 93.77 of the statutes is created to read:

AB926,204,7 93.77 Forest land plans and management. (1) If the department develops, reviews, or implements a master plan or a management plan for any forest land under the jurisdiction of the department, the department shall consult with the chief state forester.

AB926,204,10 (2) The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest or similar designation.

AB926, s. 850 Section 850. 93.90 (5) (c) of the statutes is amended to read:

AB926,204,22 93.90 (5) (c) Upon receiving the certified copy of the record under par. (bm), the board shall determine whether the challenge is valid. The board shall make its decision without deference to the decision of the political subdivision and shall base its decision only on the evidence in the record under sub. (4) (b). In a case that involves the application of requirements related to water quality, the board shall consult with the department of agriculture, trade and consumer protection or with the department of natural resources environmental quality concerning the application of the requirements related to water quality. The board shall make its decision within 60 days after the day on which it receives the certified copy of the record under par. (bm), except that the board may extend this time limit for good cause specified in writing by the board.

AB926, s. 851 Section 851. 94.65 (3) (a) 3. of the statutes is amended to read:

AB926,205,3 94.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources environmental quality under s. 283.31 or 283.35.

AB926, s. 852 Section 852. 94.73 (1) (b) of the statutes is amended to read:

AB926,205,12 94.73 (1) (b) "Corrective action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. "Corrective action" includes action taken or ordered by the department of natural resources environmental quality under s. 292.11 (7) in response to a discharge, but does not include action ordered by the department of natural resources environmental quality under s. 291.37 (2) or 291.95. "Corrective action" does not include action taken, or ordered to be completed, before January 1, 1989.

AB926, s. 853 Section 853. 94.73 (2) (a) of the statutes is amended to read:

AB926,205,19 94.73 (2) (a) The department may issue an order requiring a responsible person to take corrective action. Except as provided in a memorandum of understanding under sub. (12), if a discharge involves a hazardous substance that may also become a hazardous waste, the department and the department of natural resources environmental quality shall consult to determine whether corrective action should be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).

AB926, s. 854 Section 854. 94.73 (2m) (intro.) of the statutes is amended to read:

AB926,205,25 94.73 (2m) Corrective action ordered by the department of natural resources environmental quality. (intro.) The department of natural resources environmental quality may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge only if one or more of the following apply:

AB926, s. 855 Section 855. 94.73 (2m) (b) of the statutes is amended to read:

AB926,206,4 94.73 (2m) (b) The department of agriculture, trade and consumer protection requests the department of natural resources environmental quality to take the action or issue the order.

AB926, s. 856 Section 856. 94.73 (2m) (c) of the statutes is amended to read:

AB926,206,8 94.73 (2m) (c) The secretary of natural resources environmental quality approves the action or order in advance after notice to the secretary of agriculture, trade and consumer protection.

AB926, s. 857 Section 857. 94.73 (2m) (d) of the statutes is amended to read:

AB926,206,12 94.73 (2m) (d) The department of natural resources environmental quality takes action under s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.

AB926, s. 858 Section 858. 94.73 (2m) (e) of the statutes is amended to read:

AB926,206,18 94.73 (2m) (e) The department of natural resources environmental quality takes the action or issues the order in compliance with a memorandum of understanding under sub. (12) between the department of agriculture, trade and consumer protection and the department of natural resources environmental quality.

AB926, s. 859 Section 859. 94.73 (3) (d) of the statutes is amended to read:

AB926,206,22 94.73 (3) (d) The applicant has complied with every corrective action order issued to the applicant by the department under sub. (2) or the department of natural resources environmental quality under s. 292.11 (7) (c).

AB926, s. 860 Section 860. 94.73 (3) (f) of the statutes is amended to read:

AB926,207,2 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported the discharge to the department or, if the applicant was required to report the discharge under s. 292.11 (2), to the department of natural resources environmental quality.

AB926, s. 861 Section 861. 94.73 (3m) (a) of the statutes is amended to read:

AB926,207,7 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that is an intentional use of an agricultural chemical for agricultural purposes, unless the corrective action is ordered by the department under sub. (2) or by the department of natural resources environmental quality under s. 292.11 (7) (c).

AB926, s. 862 Section 862. 94.73 (3m) (b) of the statutes is amended to read:

AB926,207,11 94.73 (3m) (b) Costs of reimbursing the department of natural resources environmental quality for action taken under s. 292.11 (7) (a) or 292.31 (1), (3) or (7) because the applicant failed to respond adequately to a discharge.

AB926, s. 863 Section 863. 94.73 (3m) (e) of the statutes is amended to read:

AB926,207,17 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from a facility that is required to be licensed under s. 289.31 or that would be required to be licensed except that the department of natural resources environmental quality has issued a specific exemption under s. 289.43 or rules promulgated under s. 289.05 (1) or (2).

AB926, s. 864 Section 864. 94.73 (3m) (r) of the statutes is amended to read:

AB926,207,25 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $50,000 for the replacement or restoration of private wells or for connection to a public or private water source if the department or the department of natural resources environmental quality orders the well replacement or restoration or the connection in response to a discharge.

AB926, s. 865 Section 865. 94.73 (4) (b) of the statutes is amended to read:

AB926,208,15 94.73 (4) (b) Except as agreed under sub. (12), the department of agriculture, trade and consumer protection shall promptly furnish the department of natural resources environmental quality with a copy of each work plan submitted to the department of agriculture, trade and consumer protection under par. (a) for comment by the department of natural resources environmental quality. Within 14 days after it receives a copy of a work plan or within a different time period agreed to under sub. (12), the department of natural resources environmental quality may provide the department of agriculture, trade and consumer protection with any comments of the department of natural resources environmental quality on the work plan. If the department of natural resources environmental quality timely submits written comments on a proposed work plan, the department of agriculture, trade and consumer protection shall either incorporate those comments into the approved work plan or give the department of natural resources environmental quality a written explanation of why the comments were not incorporated.

AB926, s. 866 Section 866. 94.73 (9) of the statutes is amended to read:

AB926,208,22 94.73 (9) Sampling requirements. The department, in cooperation with the department of natural resources environmental quality, shall establish a program for the collection and analysis of soil and other environmental samples at sites where discharges may have occurred, including sites required to be registered according to rules promulgated by the department of agriculture, trade and consumer protection under sub. (11).

AB926, s. 867 Section 867. 94.73 (12) of the statutes is amended to read:

AB926,209,7 94.73 (12) Memorandum of understanding. The department and the department of natural resources environmental quality shall enter into a memorandum of understanding establishing their respective functions in the administration of this section. The memorandum of understanding shall establish procedures to ensure that corrective actions taken under this section are consistent with actions taken under s. 292.11 (7). The department and the department of natural resources environmental quality may request that the secretary of administration provide assistance in accomplishing the memorandum of understanding.

AB926, s. 868 Section 868. 97.34 (2) (b) of the statutes is amended to read:

AB926,209,14 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 environmental quality under s. 280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under ch. 160.

AB926, s. 869 Section 869. 97.34 (2) (d) of the statutes is amended to read:

AB926,209,19 97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the water system used by the manufacturer or bottler complies with ch. 280 and rules promulgated by the department of natural resources environmental quality under that chapter.

AB926, s. 870 Section 870. 100.27 (5) (d) of the statutes is amended to read:

AB926,209,23 100.27 (5) (d) Informs the department and the department of natural resources environmental quality of the collection site identified under par. (a) and the telephone number under par. (c).

AB926, s. 871 Section 871. 100.295 (1) of the statutes is amended to read:

AB926,210,10 100.295 (1) Labeling standards. The department shall establish standards that must be met by products in order for any person to represent that the products are recycled, recyclable or degradable. The department shall establish standards that are consistent, to the greatest extent practicable, with nationwide industry consensus standards. In developing standards, the department shall consult with the department of natural resources environmental quality and the council on recycling and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any existing federal standards. The department shall give priority to establishing standards for specific products commonly represented as being recycled, recyclable or degradable.

AB926, s. 872 Section 872. 101.143 (1) (am) of the statutes is amended to read:

AB926,210,15 101.143 (1) (am) "Case closure letter" means a letter provided by the department of natural resources environmental quality that states that, based on information available to the department of natural resources, no further remedial action is necessary with respect to a discharge.

AB926, s. 873 Section 873. 101.143 (2) (h) (intro.) of the statutes is amended to read:

AB926,210,20 101.143 (2) (h) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB926, s. 874 Section 874. 101.143 (2) (h) 3. of the statutes is amended to read:

AB926,210,24 101.143 (2) (h) 3. Review procedures that must be followed by employees of the department of natural resources environmental quality and the department of commerce in reviewing the information submitted under subd. 1.

AB926, s. 875 Section 875. 101.143 (2) (i) (intro.) of the statutes is amended to read:

AB926,211,6 101.143 (2) (i) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce and the department of natural resources environmental quality while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB926, s. 876 Section 876. 101.143 (2) (j) (intro.) of the statutes is amended to read:

AB926,211,10 101.143 (2) (j) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules specifying all of the following:

AB926, s. 877 Section 877. 101.143 (2) (j) 1. of the statutes is amended to read:

AB926,211,14 101.143 (2) (j) 1. The conditions under which employees of the department of commerce and the department of natural resources environmental quality must issue approvals under sub. (3) (c) 4.

AB926, s. 878 Section 878. 101.143 (2) (k) of the statutes is amended to read:

AB926,212,3 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources environmental quality shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce and the department of natural resources environmental quality are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with pars. (h) to (j). The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental quality under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB926, s. 879 Section 879. 101.143 (2e) of the statutes is amended to read:

AB926,212,10 101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources environmental quality shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

AB926,212,20 (b) If the department of commerce and the department of natural resources environmental quality are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental quality under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB926,212,25 (c) The department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

AB926, s. 880 Section 880. 101.143 (2m) of the statutes is amended to read:

AB926,213,7 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources environmental quality receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

AB926, s. 881 Section 881. 101.143 (3) (a) 5. of the statutes is amended to read:

AB926,213,12 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources environmental quality, according to the requirements under s. 292.11.