AB637: Bill Text

AB637,8,21 281.16 (5) Application in carbonate bedrock areas. (a) Subsections (3) (e) and (4) (b) do not apply to an agricultural facility or practice or animal feeding operation that is located on land that is categorized under s. 281.163 (4) in a category designated under par. (b) 1. as having heightened vulnerability to groundwater contamination and is in an area with characteristics specified under par. (b) 2. that indicate a level of groundwater contamination that affects public health.

AB637,8,23 (b) The department shall promulgate rules that do all of the following for the purposes of par. (a) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c):

AB637,8,25 1. Designate the categories under s. 281.163 (3) (a) that have heightened vulnerability to groundwater contamination.

AB637,9,4 2. Specify the characteristics that indicate levels of groundwater contamination that affect public health, such as the existence in an area of a well in which the concentration of contaminants exceeds a preventive action limit, as defined in s. 160.01 (6).

AB637,16 Section 16. 281.163 of the statutes is created to read:

AB637,9,7 281.163 Water quality protection; carbonate bedrock areas. (1) Definitions. In this section:

AB637,9,11 (a) "Land spreading" means spreading animal waste, septage, sewage sludge, industrial waste, or any other type of solid waste on the surface of the land or incorporating animal waste, septage, sewage sludge, industrial waste, or any other type of solid waste into the surface layers of the soil.

AB637,9,13 (b) "Potentially susceptible area" means an area identified by the department under sub. (2).

AB637,9,14 (c) "Septage" has the meaning given in s. 281.48 (2) (d).

AB637,9,21 (2) Identification of potentially susceptible areas. Using information available to it, the department shall identify areas in this state that exhibit carbonate bedrock characteristics that may cause the areas to be susceptible to groundwater contamination from land spreading. At a minimum, the department shall identify an area under this subsection if the area has carbonate bedrock less than 50 feet from the surface of the land, as shown by bedrock maps produced by the geological and natural history survey and other maps identified by the department.

AB637,9,25 (3) Rules for vulnerability ranking of land in potentially susceptible areas. (a) The department shall promulgate rules for ranking the land in potentially susceptible areas by categories according to relative vulnerability to groundwater contamination from land spreading, based on factors that include all of the following:

AB637,10,1 1. Bedrock features.

AB637,10,2 2. Depth and other characteristics of top soil.

AB637,10,4 3. Whether the department has declared the land to be an area of special eligibility for compensation for well contamination under s. 281.75 (2) (e).

AB637,10,6 4. Whether the department has established the land as a special well casing pipe depth area under ch. NR 812, Wis. Adm. Code.

AB637,10,8 (b) In the rules under par. (a), the department shall identify types of uses of land that cause land spreading on the land to be impossible or impracticable.

AB637,10,13 (4) Categorizing potentially susceptible land. (a) The county land conservation committee in a county in which a potentially susceptible area is located shall categorize all land in potentially susceptible areas in the county, except for land that is in a land use identified under sub. (3) (b), in accordance with the rules under sub. (3) (a).

AB637,10,18 (b) 1. The owner of land categorized under par. (a), the department of natural resources, the department of agriculture, trade and consumer protection, an organization, or any other person may request a county land conservation committee to review the categorization of land under par. (a) based on site-specific information showing the categorization to be inconsistent with the rules under sub. (3).

AB637,11,2 2. A county land conservation committee receiving a request under subd. 1. shall conduct an informal hearing on the request. A county land conservation committee shall provide public notice of a request under this subdivision. Section 68.11 (2) does not apply to the hearing. The county land conservation committee shall provide reasonable notice of the hearing to the person requesting the review; the owner of the land, if the owner did not request the review; the department of natural resources; and the department of agriculture, trade and consumer protection.

AB637,11,8 (c) The owner of land categorized under par. (a), the department of natural resources, the department of agriculture, trade and consumer protection, an organization, or any other person may obtain a review of the decision of a county land conservation committee under par. (b) by filing a written request with the land and water conservation board within 60 days after the day on which the county land conservation committee issues the decision.

AB637,11,15 (d) The owner of land categorized under par. (a), the department of natural resources, the department of agriculture, trade and consumer protection, the county in which the land is located, an organization, or any other person may request a contested case hearing under ch. 227 to review the decision of the land and water conservation board under par. (c) by filing a written request with the department of natural resources within 60 days after receiving an adverse decision of the land and water conservation board.

AB637,11,23 (4m) Mapping of potentially susceptible land. The department of agriculture, trade and consumer protection, in cooperation with county land conservation committees, the natural resources conservation service of the federal department of agriculture, the University of Wisconsin-Madison department of soil science, the geological and natural history survey, and the department of natural resources, shall indicate land categorized under sub. (4), by category, on maps that also show areas in which nutrient applications are restricted under ss. 92.05 (3) (k) and 281.16 (3) and shall post the maps on its Internet site.

AB637,12,3 (5) Regulation. The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules that do all of the following:

AB637,12,6 (a) Identify the categories under sub. (3) (a) of potentially susceptible land for which regulation of land spreading activities, in addition to regulation under s. 281.16, is needed to prevent or minimize nonpoint source pollution of groundwater.

AB637,12,9 (b) Prescribe performance standards and prohibitions to prevent or minimize nonpoint source pollution of groundwater from land spreading on land in the categories identified under par. (a).

AB637,12,12 (6) Enforcement. (a) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture under s. 281.98 (1) for a violation of rules promulgated under sub. (5).

AB637,12,15 (b) A county land conservation committee may request the district attorney of the county to exercise the district attorney's authority to proceed under s. 23.65 against a person for a violation of rules promulgated under sub. (5).

AB637,17 Section 17. 281.65 (4) (e) of the statutes is amended to read:

AB637,13,8 281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The standards and specifications shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 and under s. 281.163 (5) (b), where applicable. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.

AB637,18 Section 18. 281.65 (4c) (am) 1. a. of the statutes is amended to read:

AB637,13,11 281.65 (4c) (am) 1. a. The need for compliance with performance standards established by the department under s. ss. 281.16 (2) and (3) and 281.163 (5).

AB637,19 Section 19. 823.08 (3) (c) 1. of the statutes is amended to read:

AB637,13,20 823.08 (3) (c) 1. Subject to subd. 2., if a court requests the department of agriculture, trade and consumer protection or the department of natural resources for suggestions under par. (b) 2. a., the department of agriculture, trade and consumer protection or the department of natural resources shall advise the court concerning the relevant provisions of the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) and, for lands to which the rules promulgated under s. 281.163 (5) (b) apply, the prohibitions and performance standards in those rules.

AB637,20 Section 20. 823.08 (3) (c) 2. of the statutes is renumbered 823.08 (3) (c) 2. (intro.) and amended to read:

AB637,13,25 823.08 (3) (c) 2. (intro.) If the agricultural use or agricultural practice alleged to be a nuisance was begun before October 14, 1997, a department may advise the court under subd. 1. only if the one of the following applies:

AB637,14,2 a. The department determines that cost-sharing is available to the defendant under s. 92.14 or 281.65 or from any other source.

AB637,21 Section 21. 823.08 (3) (c) 2. b. of the statutes is created to read:

AB637,14,8 823.08 (3) (c) 2. b. The agricultural use or practice is located on land that is categorized under s. 281.163 (4) in a category designated under s. 281.16 (5) (b) 1. as having heightened vulnerability to groundwater contamination and is in an area with characteristics specified under s. 281.16 (5) (b) 2. that indicate a level of groundwater contamination that affects public health.

AB637,22 Section 22. Nonstatutory provisions.

AB637,14,16 (1) Advisory committee. The department of natural resources shall appoint a committee to advise it on the rules required under sections 281.16 (5) and 281.163 of the statutes, as created by this act. The department shall include scientists and representatives of industry, agriculture, local government, environmental groups, and other persons with interests that could be affected by the rules and shall ensure that an adequate number of members are from areas thought to be susceptible to groundwater contamination because of carbonate bedrock features.

AB637,14,23 (2) Task force report. The department of natural resources and the advisory committee under subsection (1) shall review the recommendations in the Final Report of the Northeast Wisconsin Karst Task Force, February 9, 2007, before the department promulgates the rules required under section 281.163 of the statutes, as created by this act. The department shall incorporate recommendations in the report in the rules required under section 281.163 of the statutes, as created by this act, as appropriate.

AB637,15,3 (3) Proposed rules. The department of natural resources shall submit in proposed form the rules required under sections 281.16 (5) and 281.163 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 24th month beginning after the natural resources board approves the statement of scope for the rules.

AB637,15,4 (End)