AB926: Bill Text

AB926,217,18 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources environmental quality of the emergency and the department of commerce and the department of natural resources environmental quality authorized emergency action.

AB926, s. 898 Section 898. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB926,217,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources environmental quality indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB926, s. 899 Section 899. 101.143 (4) (es) 1. of the statutes is amended to read:

AB926,218,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce or the department of natural resources environmental quality and no discharge or contamination is found.

AB926, s. 900 Section 900. 101.143 (11) (intro.) of the statutes is amended to read:

AB926,218,14 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources environmental quality shall submit to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

AB926, s. 901 Section 901. 101.144 (2) (a) of the statutes is amended to read:

AB926,218,24 101.144 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources environmental quality for the cleanup of discharges of hazardous substances.

AB926, s. 902 Section 902. 101.144 (3) (intro.) of the statutes is amended to read:

AB926,219,4 101.144 (3) (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 that is covered under sub. (2) (b) only if one or more of the following apply:

AB926, s. 903 Section 903. 101.144 (3) (b) of the statutes is amended to read:

AB926,219,7 101.144 (3) (b) The department of commerce requests the department of natural resources environmental quality to take the action or issue the order.

AB926, s. 904 Section 904. 101.144 (3) (c) of the statutes is amended to read:

AB926,219,10 101.144 (3) (c) The secretary of natural resources environmental quality approves the action or order in advance after notice to the secretary of commerce.

AB926, s. 905 Section 905. 101.144 (3) (d) of the statutes is amended to read:

AB926,219,14 101.144 (3) (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. 906 Section 906. 101.144 (3) (e) of the statutes is amended to read:

AB926,219,18 101.144 (3) (e) The department of natural resources environmental quality takes the action under s. 292.11 (7) (a) because the identity of the responsible person is unknown.

AB926, s. 907 Section 907. 101.144 (3g) (a) of the statutes is amended to read:

AB926,220,12 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources environmental quality shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. 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 this paragraph. The department of commerce 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. 908 Section 908. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB926,220,16 101.144 (3m) (a) (intro.) The department of commerce and the department of natural resources environmental quality shall enter into a memorandum of understanding that does all of the following:

AB926, s. 909 Section 909. 101.144 (3m) (b) of the statutes is amended to read:

AB926,220,22 101.144 (3m) (b) The department of commerce and the department of natural resources environmental quality shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB926, s. 910 Section 910. 101.653 (6m) of the statutes is amended to read:

AB926,221,5 101.653 (6m) Review. The department and the department of natural resources environmental quality shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process.

AB926, s. 911 Section 911. 107.15 (2) (b) of the statutes is amended to read:

AB926,221,11 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration activities by the department of natural resources environmental quality under s. 293.21. If the person is a corporation or limited liability company, "licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.

AB926, s. 912 Section 912. 107.15 (6) (c) 2. of the statutes is amended to read:

AB926,221,22 107.15 (6) (c) 2. By the secretary of the department of natural resources environmental quality for purposes of specific environmental analysis and permit application evaluation and by the secretary of the department of revenue provided that the confidential information shall not be released by either the department of revenue or the department of natural resources environmental quality, that the departments of revenue and natural resources environmental quality shall establish procedures to keep any confidential information confidential, and that the responsible person or persons in each department shall be subject to the penalty specified under this paragraph for the unauthorized release of confidential information.

AB926, s. 913 Section 913. 110.20 (4) of the statutes is amended to read:

AB926,222,2 110.20 (4) Departmental cooperation. The department shall consult and cooperate with the department of natural resources environmental quality in order to efficiently and fairly establish and administer the program established under this section.

AB926, s. 914 Section 914. 110.20 (8) (am) 5. of the statutes is amended to read:

AB926,222,7 110.20 (8) (am) 5. No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 915 Section 915. 110.20 (8) (d) of the statutes is amended to read:

AB926,222,12 110.20 (8) (d) No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 916 Section 916. 110.20 (13) (b) of the statutes is amended to read:

AB926,222,16 110.20 (13) (b) The department of natural resources environmental quality shall, by rule, establish the amount of the repair cost limit to equal the amount required under 42 USC 7511a (b) 4. or (c) (3) (C).

AB926, s. 917 Section 917. 110.215 of the statutes is amended to read:

AB926,222,25 110.215 Motor vehicle emission control equipment grant program. From the appropriation under s. 20.395 (5) (hq), the department shall, in consultation with the department of natural resources environmental quality, develop and administer a program to provide grants for the purchase and installation of oxidation catalyst mufflers on school buses customarily kept in counties identified in s. 110.20 (5). The department shall adopt rules to implement and administer this section, including procedures, standards, and criteria for awarding and distributing the grants.

AB926, s. 918 Section 918. 118.025 of the statutes is amended to read:

AB926,223,6 118.025 Arbor day observance. A school principal may request one free tree provided from state forest nurseries by the department of natural resources agriculture, trade and consumer protection under s. 28.06 for each 4th grade pupil in the school for planting in conjunction with an annual observance and celebration of arbor day.

AB926, s. 919 Section 919. 125.52 (2) of the statutes is amended to read:

AB926,223,13 125.52 (2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources environmental quality of the name and address of any person to whom a limited manufacturer's permit is issued.

AB926, s. 920 Section 920. 134.60 of the statutes is amended to read:

AB926,224,21 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, state forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources agriculture, trade and consumer protection at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.

AB926, s. 921 Section 921. 138.09 (7) (i) 3. of the statutes is amended to read:

AB926,224,25 138.09 (7) (i) 3. On motor vehicle loans, the actual filing fee required for filing with the department of transportation under ch. 342 or, on boat loans, the filing fee required for filing with the department of natural resources under subch. V of ch. 30.

AB926, s. 922 Section 922. 145.20 (5) (c) of the statutes is amended to read:

AB926,225,8 145.20 (5) (c) The department of natural resources environmental quality may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources environmental quality finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB926, s. 923 Section 923. 146.60 (1) (c) of the statutes is amended to read:

AB926,225,12 146.60 (1) (c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources environmental quality.

AB926, s. 924 Section 924. 146.60 (2) (a) of the statutes is amended to read:

AB926,225,16 146.60 (2) (a) The department of natural resources environmental quality shall be the reviewing department for any regulated release subject to 15 USC 2601 to 2629.

AB926, s. 925 Section 925. 146.60 (3) (c) 1. of the statutes is amended to read:

AB926,225,21 146.60 (3) (c) 1. If the department of natural resources environmental quality receives information under this subsection or sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.

AB926, s. 926 Section 926. 146.60 (3) (c) 2. of the statutes is amended to read:

AB926,226,2 146.60 (3) (c) 2. If the department of agriculture, trade and consumer protection receives information under this subsection or sub. (4) (c), it shall provide the department of natural resources environmental quality with a copy of the information.

AB926, s. 927 Section 927. 146.60 (5) of the statutes is amended to read:

AB926,226,10 146.60 (5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources environmental quality shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under sub. (3).

AB926, s. 928 Section 928. 160.001 (6) of the statutes is amended to read:

AB926,226,15 160.001 (6) Where necessary to comply with federal statutes or regulations, the department of natural resources environmental quality may adopt rules in regulatory programs administered by it which are more stringent than the enforcement standards and preventive action limits adopted under this chapter.

AB926, s. 929 Section 929. 160.001 (7) of the statutes is amended to read:

AB926,227,2 160.001 (7) A regulatory agency may take any actions within the context of regulatory programs established in statutes outside of this chapter, if those actions are necessary to protect public health and welfare or prevent a significant damaging effect on groundwater or surface water quality for present or future consumptive or nonconsumptive uses, whether or not an enforcement standard and preventive action limit for a substance has been adopted under this chapter. Nothing in this chapter requires the department of health services or the department of natural resources environmental quality to establish an enforcement standard for a substance if a federal number or state drinking water standard has not been adopted for the substance and if there is not sufficient scientific information to establish the standard.

AB926, s. 930 Section 930. 160.01 (1) of the statutes is amended to read:

AB926,227,5 160.01 (1) "Department", when used without qualification, means the department of natural resources environmental quality.

AB926, s. 931 Section 931. 160.01 (7) of the statutes is amended to read:

AB926,227,12 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce, the department of transportation, the department of natural resources environmental quality and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

AB926, s. 932 Section 932. 160.07 (5) of the statutes is amended to read:

AB926,227,18 160.07 (5) Within 9 months after transmitting the name of a substance to the department of health services under sub. (2), the department of natural resources environmental quality shall propose rules establishing the recommendation of the department of health services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or 227.24 (3).

AB926, s. 933 Section 933. 160.07 (6) of the statutes is amended to read:

AB926,227,24 160.07 (6) If a federal number is established or changed for a substance after an enforcement standard is recommended by the department of health services and if any person or regulatory agency submits a request, the department of natural resources environmental quality shall determine whether the enforcement standard needs revision based on recommendations under sub. (4).

AB926, s. 934 Section 934. 160.13 (2) (b) 4. of the statutes is amended to read:

AB926,228,13 160.13 (2) (b) 4. If no acceptable daily intake or equivalent value for an oncogen is established by the federal environmental protection agency or if an acceptable daily intake is established but oncogenic potential at the established acceptable daily intake presents an unacceptable probability of risk, the department shall provide the department of natural resources environmental quality with an evaluation of the oncogenic potential of the substance. This evaluation of oncogenic potential shall indicate an acceptable daily intake for the substance which, if ingested daily over an entire human lifetime, appears to present an acceptable probability of risk which is presumed to be a risk level equal to a ratio of one to 1,000,000. A risk level equal to a ratio of one to 1,000,000 is the expectation that no more than one excess death will occur in a population of 1,000,000 over a 70-year period. The department shall base the evaluation of oncogenic potential on a review of the most recent and scientifically valid information available.

AB926, s. 935 Section 935. 165.25 (4) (a) of the statutes is amended to read:

AB926,228,20 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources environmental quality, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

AB926, s. 936 Section 936. 165.25 (6) (e) of the statutes is amended to read:

AB926,229,9 165.25 (6) (e) The department of justice may appear for and defend the state or any state department, agency, official or employee in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under 42 USC 9607. The action may be compromised and settled in the same manner as provided in par. (a). At the request of the department of natural resources environmental quality, the department of justice may provide legal representation to the state or to the department of natural resources environmental quality in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employee of the state or as a waiver of sovereign immunity.

AB926, s. 937 Section 937. 165.85 (4) (b) 1. of the statutes is amended to read:

AB926,230,10 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except that the program for law enforcement officers who serve as rangers for the department of natural resources or the department of agriculture, trade and consumer protection includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB926, s. 938 Section 938. 167.10 (3) (b) 3. of the statutes is amended to read:

AB926,230,13 167.10 (3) (b) 3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources environmental quality.

AB926, s. 939 Section 939. 167.31 (5) (d) of the statutes is amended to read:

AB926,230,20 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 940 Section 940. 169.46 (1) (e) of the statutes is amended to read:

AB926,230,24 169.46 (1) (e) All moneys collected from natural resources surcharges shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 941 Section 941. 169.46 (2) (e) of the statutes is amended to read:

AB926,231,3 169.46 (2) (e) All moneys collected from natural resources restitution surcharges shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu) (1) (pu).