AB926: Bill Text

AB926,195,25 88.31 (1) If it is necessary to enter upon any waters that may be navigable, or to acquire and remove any dam or obstruction from the waters, or to clean out, widen, deepen or straighten any stream that may be navigable, the board shall file with the department of natural resources environmental quality an application for a permit to do the work. The board shall file with the application any information that the board or the department of natural resources environmental quality considers necessary. The department shall specify by rule the information to be included in an application. The application shall state that the public health or welfare will be promoted by the removal of the dam or other obstruction or by the straightening, cleaning out, deepening or widening of the waters and that other public rights in and public uses of the waters will not be materially impaired. The application shall be duly verified.

AB926, s. 816 Section 816. 88.31 (2) of the statutes is amended to read:

AB926,196,8 88.31 (2) Upon receipt of the application the department of natural resources environmental quality shall fix a time and place for a hearing on the application, not less than 3 nor more than 8 weeks from the date of filing, at a place convenient to the interested parties. If the application is for a permit to remove a dam, notice of the hearing shall be given to all interested persons as provided by s. 31.06. In all other cases, the department shall direct the applicant to give notice under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b).

AB926, s. 817 Section 817. 88.31 (4) (intro.) of the statutes is amended to read:

AB926,196,12 88.31 (4) (intro.) Upon the conclusion of the hearing and investigation, the department of natural resources environmental quality shall grant the permit if it finds:

AB926, s. 818 Section 818. 88.31 (4m) of the statutes is amended to read:

AB926,196,16 88.31 (4m) The department of natural resources environmental quality shall grant or deny the permit within 6 weeks after the conclusion of the hearing on the application.

AB926, s. 819 Section 819. 88.31 (5) of the statutes is amended to read:

AB926,196,20 88.31 (5) When granting a permit under this section the department of natural resources environmental quality also shall establish the minimum level at which the affected waters may be maintained.

AB926, s. 820 Section 820. 88.31 (6) of the statutes is amended to read:

AB926,197,3 88.31 (6) The department of natural resources environmental quality may require the applicant for the permit to submit a plan for the work to be done in the waters in question and may amend or modify such plan before approving it. The department may at any time, on the application of any interested person, further amend such plan when the same can be done without materially impairing the navigability of any such waters and without materially impairing any other public right.

AB926, s. 821 Section 821. 88.62 (3) of the statutes is amended to read:

AB926,197,8 88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources environmental quality, except as provided in par. (b).

AB926,197,12 (b) If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources environmental quality.

AB926, s. 822 Section 822. 88.72 (4) of the statutes is amended to read:

AB926,197,20 88.72 (4) Within 30 days after the department of natural resources environmental quality has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

AB926, s. 823 Section 823. 91.46 (1) (i) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB926,197,24 91.46 (1) (i) Oil and gas exploration or production that is licensed by the department of natural resources environmental quality under subch. II of ch. 295.

AB926, s. 824 Section 824. 92.04 (2) (e) of the statutes is amended to read:

AB926,198,4 92.04 (2) (e) Review joint evaluation plan. The board shall review the evaluation plan prepared under s. 92.14 (13). After its review, the board shall make recommendations on the plan to the department and to the department of natural resources environmental quality.

AB926, s. 825 Section 825. 92.05 (1) of the statutes is amended to read:

AB926,198,14 92.05 (1) Central agency. The department is the central agency of this state responsible for setting and implementing statewide soil and water conservation policies and administering the state's soil and water conservation programs. The department shall coordinate its soil and water conservation program with the nonpoint source water pollution abatement program established under s. 281.65, the inland lake protection and rehabilitation program established under ch. 33 and other programs with objectives related to soil and water conservation administered by the department of natural resources environmental quality or by other state or federal agencies.

AB926, s. 826 Section 826. 92.10 (6) (a) 1. of the statutes is amended to read:

AB926,198,18 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources environmental quality.

AB926, s. 827 Section 827. 92.10 (8) of the statutes is amended to read:

AB926,198,25 92.10 (8) Duties of the department of natural resources environmental quality. The department of natural resources environmental quality shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.

AB926, s. 828 Section 828. 92.14 (2) (j) of the statutes is amended to read:

AB926,199,5 92.14 (2) (j) Enhancing the administration and coordination of state nonpoint source water pollution abatement activities by the department and the department of natural resources environmental quality, including providing a single process for grant application, funding allocation, reporting and evaluation.

AB926, s. 829 Section 829. 92.14 (6) (b) of the statutes is amended to read:

AB926,199,14 92.14 (6) (b) The department and the department of natural resources environmental quality shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

AB926, s. 830 Section 830. 92.14 (6) (d) of the statutes is amended to read:

AB926,199,19 92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources environmental quality on approval, modification or disapproval of the plan.

AB926, s. 831 Section 831. 92.14 (6) (h) 3. of the statutes is amended to read:

AB926,199,22 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources environmental quality to act under ch. 283.

AB926, s. 832 Section 832. 92.14 (6) (m) of the statutes is amended to read:

AB926,200,3 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources environmental quality shall assist counties in conducting the activities for which grants under sub. (3) may be used.

AB926, s. 833 Section 833. 92.14 (8) of the statutes is amended to read:

AB926,200,7 92.14 (8) Rules. In consultation with the department of natural resources environmental quality, the department shall promulgate rules to administer this section and the department's duties under s. 281.65.

AB926, s. 834 Section 834. 92.14 (12) of the statutes is amended to read:

AB926,200,11 92.14 (12) Annual report. Annually, the department, in cooperation with the department of natural resources environmental quality, shall submit a report on the progress of the program under this section and s. 281.65 to the board.

AB926, s. 835 Section 835. 92.14 (13) of the statutes is amended to read:

AB926,200,21 92.14 (13) Evaluation plan. The department, jointly with the department of natural resources environmental quality, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources environmental quality on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

AB926, s. 836 Section 836. 92.14 (14) of the statutes is amended to read:

AB926,201,5 92.14 (14) Application, allocation, reporting and evaluation. The department, jointly with the department of natural resources environmental quality, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and ss. 281.65 and 281.66. The department, jointly with the department of natural resources environmental quality, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.

AB926, s. 837 Section 837. 92.14 (14m) of the statutes is amended to read:

AB926,201,11 92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources environmental quality, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.

AB926, s. 838 Section 838. 92.14 (15) of the statutes is amended to read:

AB926,201,15 92.14 (15) Financial information. The department shall consult with the department of natural resources environmental quality when it prepares the information which it submits to the department of administration under s. 16.42.

AB926, s. 839 Section 839. 92.15 (3) of the statutes is amended to read:

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: