23.39(2)(a)(a) With the approval of the public intervenor board the public intervenor shall formally intervene in administrative proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under
chs. 29,
281,
285 or
289 to
299, except
s. 281.48. With the approval of the public intervenor board, the public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all administrative proceedings where such intervention is needed for the protection of "public rights" in water and other natural resources, as provided in
chs. 30 and
31 and defined by the supreme court.
23.39(2)(b)
(b) In carrying out his or her duty to protect public rights in water and other natural resources, with the approval of the public intervenor board the public intervenor has the authority to initiate actions and proceedings before any agency in order to raise issues, present evidence and testimony and make arguments.
23.39(3)
(3) Personnel of the department shall, upon the request of the public intervenor, make such investigations, studies and reports as the public intervenor may request in connection with administrative proceedings, either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in such proceedings and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be deemed a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.
23.39(4)
(4) The public intervenor may not appeal from administrative rulings to the courts. In all administrative proceedings the public intervenor shall be identified as "public intervenor". This section does not preclude or prevent any department or independent agency from appearing by its staff as a party in administrative proceedings.
23.39(5)
(5) The public intervenor board shall provide direction and supervision to the public intervenor consistent with the public intervenor's duties to protect public rights in water and other natural resources.
23.40
23.40
Environmental impact statement. 23.40(1)
(1)
Determination if environmental impact statement is required. Any person who files an application for a permit, license or approval granted or issued by the department, shall submit with the application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license or approval. The department may seek such further information as it deems necessary to determine whether it must prepare an environmental impact statement under
s. 1.11.
23.40(2)
(2) Notification; estimate of fee. 23.40(2)(a)(a) If the department is required to prepare an environmental impact statement, it shall notify the person by certified mail.
23.40(2)(b)
(b) The department shall indicate the estimated environmental impact statement fee.
23.40(3)
(3) Environmental impact statement fee. 23.40(3)(a)(a) The department shall charge an environmental impact statement fee if it is required to prepare an environmental impact statement or if it enters into a preapplication service agreement.
23.40(3)(b)
(b) The amount of the environmental impact statement fee shall equal the full cost of the preparation of the environmental impact statement and the full cost of any preapplication services if the department enters into a preapplication service agreement. These costs shall include the cost of authorized consultant services and the costs of printing and postage.
23.40(3)(c)
(c) The department shall determine the manner in which the environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services are provided.
23.40(3)(d)
(d) Except as provided in
par. (e), the department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.
23.40(3)(e)
(e) The department shall credit any environmental impact statement fee for a project involving the generation of electricity to the appropriation under
s. 20.370 (3) (dh).
23.40(4)
(4) Preapplication service agreement. The department may enter into an agreement to provide preapplication services necessary to evaluate the environmental impact of a project or proposed activity, monitor major developments and expedite the anticipated preparation of an environmental impact statement if the project or proposed activity is large, complex or environmentally sensitive and if the person planning the project or proposed activity agrees in writing even though that person has not filed an application for any permit, license or approval granted or issued by the department and no environmental impact statement has been prepared. Preapplication services include preliminary environmental reviews, field studies and investigations, laboratory studies and investigations and advisory services.
23.40(5)
(5) Authorized environmental consultant services. The department may enter into contracts for environmental consultant services under
s. 23.41 to assist in the preparation of an environmental impact statement or to provide preapplication services.
23.40(6)
(6) Exemption from fee for municipalities. Subsections (2) (b) and
(3) do not apply with respect to municipalities, as defined under
s. 345.05 (1) (c).
23.405
23.405
Environmental education. 23.405(1)
(1) The department shall seek the advice of the environmental education board on the development of environmental education programs.
23.405(2)(a)(a) The department may charge the participants in a departmental environmental education program fees to cover the costs of the program. The amount charged may not exceed the costs of conducting the program.
23.405(2)(b)
(b) The fees collected by the department under
par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under
s. 20.370 (5) (gb).
23.405 History
History: 1989 a. 299;
1995 a. 27.
23.41
23.41
Construction and service contracts. 23.41(1)(a)
(a) "Construction work" includes all labor and materials used in the erection, installation, alteration, repair, moving, conversion, demolition or removal of any building, structure or facility, or any equipment attached to a building, structure or facility.
23.41(1)(b)
(b) "Environmental consultant services" includes services provided by environmental scientists, engineers and other experts.
23.41(2)
(2) The department may contract for construction work related to hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31 or for engineering services or environmental consultant services in connection with such construction work.
23.41(3)
(3) The department may contract for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under
s. 23.40.
23.41(4)
(4) Each contract entered into under this section shall be signed by the secretary or the secretary's designee on behalf of the state.
23.41(5)
(5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from
ss. 16.70 to
16.75,
16.755,
16.76,
16.767 to
16.82,
16.855,
16.87 and
16.89, but
ss. 16.528,
16.754 and
16.765 apply to the contract. Every such contract involving an expenditure of $30,000 or more is not valid until the contract is approved by the governor.
23.41(5m)
(5m) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under
sub. (5) for bids or competitive sealed proposals in an emergency involving the public health, welfare or safety or the environment.
23.41(6)
(6) The department shall attempt to ensure that at least 5% of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in
s. 16.75 (3m) (a).
23.42
23.42
Environmental consulting costs for federal licensing of power projects. 23.42(1)
(1)
Definitions. In this section:
23.42(1)(a)
(a) "Applicant" means any person who files an application or submits a notification of intent under
16 USC 808 (b) with the commission.
23.42(1)(c)
(c) "Commission" means the federal energy regulatory commission.
23.42(1)(d)
(d) "Date of filing" means the date an applicant submits a notification of intent or the date an applicant files an application, whichever is earlier.
23.42(2)
(2) Authority. In order to carry out its consulting role to the commission under
16 USC 800,
802,
803,
808,
823a and
824a-3 and the federal regulations promulgated under those sections, the department may charge fees to applicants for reviewing and evaluating applications and notifications of intent under
16 USC 808 (b).
23.42(3)
(3) Fees. If the department charges fees under this section:
23.42(3)(a)
(a) The department shall charge fees only for the time it expends reviewing and evaluating an application or a notification of intent from the date of filing until the commission makes a determination whether or not to issue the license.
23.42(3)(b)
(b) The department shall determine the fee for each applicant by calculating the applicant's proportionate share of the costs incurred by the state in a fiscal year in reviewing or evaluating applications or notifications of intent under this section. The department shall calculate the proportionate share for an applicant by dividing the amount of horsepower, as authorized by the commission, of the applicant's power project by the total amount of horsepower, as authorized by the commission, of all power projects being reviewed or evaluated under this section during the fiscal year.
23.42(3)(c)
(c) The department may collect fees on a quarterly basis.
23.42(3)(d)
(d) The department shall deduct any amount it receives as reimbursement under
16 USC 823a for reviewing and evaluating an application or notification of intent from the fee it charges an applicant for reviewing that application or notification of intent.
23.42(4)
(4) Limitation on charging of fees. Notwithstanding
subs. (2) and
(3) (a), the department may not charge any fees under this section after October 1, 1995, for reviewing and evaluating applications or notifications of intent.
23.42(5)
(5) Use of fees. The department may not expend the fees it collects under this section except for the costs that are consistent with and that are necessary for reviewing and evaluating applications and notifications of intent under
16 USC 800,
802,
803,
808,
823a and
824a-3.
23.42 Annotation
This section is unconstitutional. Federal law preempts its application. Wisconsin Valley Improvement Co. v. Meyer, 910 F Supp. 1375 (1995).
23.49
23.49
Credit card use charges. The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under
s. 23.66 (1m) by conservation wardens, and the state treasurer shall pay the charges from moneys received under
s. 59.25 (3) (j) and
(k) that are reserved for payment of the charges under
s. 14.58 (21).
23.50
23.50
Procedure in forfeiture actions. 23.50(1)
(1) The procedure in
ss. 23.50 to
23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of
ss. 77.09,
134.60,
144.783 [299.64] (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81,
subch. VI of ch. 77, this chapter and
chs. 26 to
31 and of
ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo reserve management board under
s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77.
23.50 Note
NOTE: Sub. (1) is shown as affected by four acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
23.50(2)
(2) All actions to recover these forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in
ss. 23.50 to
23.85.
23.50(3)
(3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77 shall utilize the procedure in
ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in
ss. 23.51 (1),
(3) and
(8),
23.53,
23.54,
23.56 to
23.64,
23.66 and
23.67 shall apply to violations of such ordinances.
23.50(4)
(4) Where a fine or imprisonment, or both, is imposed by a statute enumerated in
sub. (1), the procedure in
ch. 968 shall apply.
23.50 History
History: 1975 c. 365;
1977 c. 29,
305;
1977 c. 449 ss.
44,
497;
1979 c. 32 s.
92 (17);
1979 c. 34 ss.
703b,
2102 (39) (f);
1981 c. 390; 1985 a 36;
1987 a. 27;
1987 a. 200 s.
4;
1989 a. 79,
284,
335,
359;
1991 a. 39,
97;
1993 a. 16,
243,
344,
349,
491;
1995 a. 27,
216,
227,
290; s. 13.93 (2) (c).
23.51
23.51
Words and phrases defined. In
ss. 23.50 to
23.85 the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
23.51(1)
(1) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies the person cited of a violation of a statute or rule enumerated in
s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
23.51(2)
(2) "Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.
23.51(2L)
(2L) "Corporation" includes a limited liability company.
23.51(3)
(3) "Enforcing officer" means peace officer as defined by
s. 939.22 (22), or a person who has authority to act pursuant to a specific statute.
23.51(3c)
(3c) "Environmental assessment" means the assessment imposed under
s. 299.93.
23.51(3g)
(3g) "Fishing shelter removal assessment" means the assessment imposed under
s. 29.9967.
23.51(4)
(4) "Natural resources assessment" means the assessment imposed under
s. 29.997.
23.51(5)
(5) "Natural resources restitution payment" means the payment imposed under
s. 29.998.
23.51(6)
(6) "Penalty assessment" means the penalty assessment imposed by
s. 165.87.
23.51(6m)
(6m) "Snowmobile registration restitution payment" means the payment imposed under
s. 350.115.
23.51(7)
(7) "Summons" means an order to appear in court at a particular time and place. It accompanies the delivery of a complaint but not a citation.
23.51(8)
(8) "Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment and a jail assessment.
23.51(10)
(10) "Wild animal protection assessment" means the assessment imposed under
s. 29.9965.
23.52
23.52
Two forms of action. Actions under this chapter may be commenced by a citation, or by a complaint and summons.
23.52 History
History: 1975 c. 365.
23.53
23.53
Use of citation. 23.53(1)(1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in
s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under
s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under
s. 345.11 may be used by a traffic officer employed under
s. 110.07 in enforcing
s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under
s. 110.07 in enforcing
s. 287.81. In accordance with
s. 345.11 (1m), the citation shall not be used for violations of
ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with
s. 23.33 (11) (am) or
30.77.
23.53 Note
NOTE: Sub. (1) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
23.53(2)
(2) Notwithstanding any other provision of the statutes, the use of the citation by any enforcing officer in connection with a violation is adequate process to give the appropriate court jurisdiction over the person upon the filing with such court of the citation.
23.53 Annotation
After issuing citation to Indian fisherman, state must prove at pre-trial hearing that enforcement against Indian fishermen is reasonable and necessary. State v. Peterson, 98 W (2d) 487, 297 NW (2d) 52 (Ct. App. 1980).
