LRB-4294/2
MCP:ahe&cdc
2019 - 2020 LEGISLATURE
December 23, 2019 - Introduced by Representatives Billings, Nygren, Shankland,
Novak, Kolste, Hebl, Spreitzer, Pope, Anderson, C. Taylor, Considine,
Ohnstad, Neubauer, Gruszynski, Stubbs, B. Meyers, Fields, Crowley,
Sargent, Emerson, Vining, Hesselbein, Subeck, Vruwink, Allen, Doyle and
Tusler, cosponsored by Senators Shilling, Schachtner, Bewley, Jacque,
Carpenter, Risser, L. Taylor, Larson, Miller, Hansen, Erpenbach,
Ringhand and Olsen. Referred to Committee on Environment.
AB700,1,3
1An Act to create 283.90 of the statutes;
relating to: notifying counties of certain
2water pollution violations, providing an exemption from emergency rule
3procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, if the Department of Natural Resources finds that the holder
of a Wisconsin Pollutant Discharge Elimination System permit has violated
groundwater standards, DNR must notify the county health department and county
land and conservation department in the county in which the permit holder is located
and the county health department and county land and conservation department in
any adjacent county that DNR determines may be negatively affected by the
violation. The bill requires DNR to provide these notices within seven business days
after confirming that a violation has occurred. The bill also allows DNR to establish,
by rule, procedures for providing the required notice. Finally, the bill requires DNR
to create and maintain a notification system for notifying county health
departments, county land and conservation departments, and interested parties of
the types of violations that trigger the notice requirement.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB700,1
1Section
1. 283.90 of the statutes is created to read:
AB700,2,14
2283.90 Notification of violations. Whenever on the basis of any information
3available to it the department finds that a permit holder has violated any
4groundwater protection standards under ch. 160, the department shall notify the
5county health department and county land and conservation department in the
6county in which the permit holder is located and the county health department and
7county land and conservation department in any adjacent county that the
8department determines may be negatively affected as a result of the violation. The
9department shall provide this notice within 7 business days after confirming that a
10violation has occurred. The department shall create and maintain a notification
11system for notifying county health departments, county land and conservation
12departments, and interested parties of the violations described in this section. The
13department may establish, by rule, procedures for providing notice under this
14section.
AB700,2
15Section 2
.
Nonstatutory provision.
AB700,3,216
(1) Using the procedure under s. 227.24, the department of natural resources
17may promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2),
18emergency rules promulgated under this subsection remain in effect until July 1,
192021, or the date on which permanent rules take effect, whichever is sooner.
20Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide
21evidence that promulgating a rule under this subsection as an emergency rule is
22necessary for the preservation of the public peace, health, safety, or welfare and is
23not required to provide a finding of emergency for a rule promulgated under this
24subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
25required to prepare a statement of scope of the rules promulgated under this
1subsection and is not required to present the rules promulgated under this
2subsection to the governor for approval.
AB700,3
3Section 3
.
Effective date.
AB700,3,54
(1)
This act takes effect on the first day of the 7th month beginning after
5publication.
