281.65(8)(p)
(p) The department may provide a cost-sharing grant to replace a structure or facility at a new location, rather than to repair or reconstruct the structure or facility, if the relocation reduces water pollution and replacement is cost-effective compared to repairing or reconstructing the structure or facility.
281.65(8c)
(8c) The department may distribute a grant to a municipality that is required to control storm water discharges under
33 USC 1342 (p) in a priority watershed or priority lake area for practices, techniques or measures to control storm water discharges if those practices, techniques or measures are identified in the plan under
sub. (4) (g) for the priority watershed or priority lake area.
281.65(8d)
(8d) The department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under
s. 283.33 and that is located in a priority watershed area, a priority lake area or an area that is identified as an area of concern by the International Joint Commission, as defined in
s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement.
281.65(8e)
(8e) The department may not require a person who received a cost-sharing grant to repay the cost-sharing grant on the basis of a violation of this section, rules promulgated under this section or the grant agreement, if, at the time of the violation, the person who received the grant no longer owns or operates the land for which the department provided the grant. This subsection applies without regard to whether the person received the grant before, on or after May 16, 1992.
281.65(8m)
(8m) If the department determines under
sub. (4) (g) 5. that a county, city, village or town should be required to develop a construction site erosion control ordinance under
s. 59.693,
60.627,
61.354 or
62.234 or a manure storage ordinance under
s. 92.16, that county, city, village or town shall make a commitment to develop and adopt the ordinance as a condition of receiving a grant under this section.
281.65(9)
(9) The department may distribute grants and aids to state agencies, including itself, for administration and implementation of the nonpoint source water pollution abatement program on land under state ownership or control for projects affecting priority lakes or in priority watershed areas. The department may distribute grants and aids to itself for the purchase of easements in priority watershed areas.
281.65(10)
(10) To the greatest extent practicable, the department, the department of agriculture, trade and consumer protection and the administering and implementing governmental unit shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
281.65 History
History: 1977 c. 418;
1979 c. 34,
221;
1979 c. 355 s.
241;
1981 c. 20;
1981 c. 346 s.
38;
1983 a. 27;
1983 a. 189 s.
329 (16);
1983 a. 416;
1985 a. 29;
1987 a. 27;
1989 a. 31,
336,
366;
1991 a. 39,
309;
1993 a. 16,
166,
213,
246,
491;
1995 a. 27,
201,
225;
1995 a. 227 s.
428; Stats. 1995 s. 281.65;
1995 a. 404 s.
204.
281.67
281.67
Watershed projects. The department shall assist and advise the department of agriculture, trade and consumer protection regarding watershed projects under
16 USC 1001 to
1008.
281.67 History
History: 1981 c. 346;
1995 a. 227 s.
429; Stats. 1995 s. 281.67.
281.68
281.68
Lake management planning grants. 281.68(1)
(1) In this section, "qualified lake association" means a group incorporated under
ch. 181 that meets all of the following conditions:
281.68(1)(a)
(a) Specifies in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more inland lakes for the benefit of the general public.
281.68(1)(b)
(b) Demonstrates that the substantial purpose of its past actions was to support the protection or improvement of one or more inland lakes for the benefit of the general public.
281.68(1)(c)
(c) Allows to be a member any individual who for at least one month each year resides on or within one mile of an inland lake for which the association was incorporated.
281.68(1)(d)
(d) Allows to be a member any individual who owns real estate on or within one mile of an inland lake for which the association was incorporated.
281.68(1)(e)
(e) Does not limit or deny the right of any member or any class of members to vote as provided under
s. 181.16 (1).
281.68(1)(f)
(f) Has been in existence for at least one year.
281.68(1)(h)
(h) Requires payment of an annual membership fee of not less than $10 nor more than $25.
281.68(1m)
(1m) The department shall develop and administer a financial assistance program to provide lake management planning grants for projects to provide information on the quality of water in lakes, including mill ponds, in order to improve water quality assessment and planning and aid in the selection of activities to abate pollution of lakes.
281.68(2)
(2) The department may provide a grant of 75% of the cost of a lake management planning project up to a total of $10,000 per grant.
281.68(3)
(3) The department shall promulgate rules for the administration of the lake management planning grant program which shall include all of the following:
281.68(3)(a)
(a) Eligible recipients to consist of nonprofit conservation organizations, as defined in
s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in
s. 66.299 (1) (a), that are established for the purpose of lake management.
281.68(3)(b)
(b) Eligible activities, which shall include data collection, water quality assessment and nonpoint source pollution evaluation.
281.68(4)
(4) At the completion of a lake management planning project, upon request of the recipient of a grant under this section, the department may approve recommendations made as a result of the project as eligible activities for a lake management grant under
s. 281.69.
281.68 History
History: 1989 a. 31;
1989 a. 160 ss.
1,
3,
4;
1989 a. 359;
1991 a. 39,
269;
1995 a. 27;
1995 a. 227 s.
430; Stats. 1995 s. 281.68.
281.69
281.69
Lake management grants. 281.69(1)
(1) The department shall develop and administer a financial assistance program to provide grants for lake management projects that will improve or protect the quality of water in lakes or the natural ecosystems of lakes.
281.69(2)
(2) The department may provide a grant under this section for up to 75% of the cost of a lake management project but may not provide more than $200,000 per grant.
281.69(3)
(3) The department shall promulgate rules to administer and to determine eligibility for the program under this section. The rules shall include all of the following:
281.69(3)(a)
(a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in
s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in
s. 281.68 (1), town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in
s. 66.299 (1) (a), that are established for the purpose of lake management.
281.69(3)(b)
(b) A designation of eligible activities, which shall include all of the following:
281.69(3)(b)1.
1. The purchase of land or of a conservation easement, as defined in
s. 700.40 (1) (a), if the eligible recipient enters into a contract under
sub. (4) and if the purchase will substantially contribute to the protection or improvement of a lake's water quality or its natural ecosystem.
281.69(3)(b)2.
2. The restoration of a wetland, as defined in
s. 23.32 (1), if the restoration will protect or improve a lake's water quality or its natural ecosystem.
281.69(3)(b)3.
3. The development of local regulations or ordinances that will protect or improve a lake's water quality or its natural ecosystem.
281.69(3)(b)4.
4. An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to improve or protect the quality of water in a lake or the natural ecosystem of a lake.
281.69(3)(c)
(c) The department may not promulgate a rule designating dam maintenance and repair as an eligible activity for grants under this section.
281.69(4)(a)(a) In order to receive a grant for a purchase under
sub. (3) (b) 1., the recipient shall enter into a contract with the department that contains all of the following provisions:
281.69(4)(a)1.
1. Standards for the management of the property to be acquired.
281.69(4)(a)2.
2. A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
281.69(4)(a)3.
3. A prohibition against the property being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
281.69(4)(a)4.
4. A clause that any subsequent sale or transfer of the property to be acquired is subject to
pars. (b) and
(c).
281.69(4)(b)
(b) The recipient of the grant may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply:
281.69(4)(b)1.
1. The department approves the subsequent sale or transfer.
281.69(4)(b)2.
2. The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under
par. (a).
281.69(4)(c)
(c) The recipient of the grant may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.
281.69(4)(d)
(d) If the recipient violates any essential provision of the contract, title to the acquired property shall vest in the state.
281.69(4)(e)
(e) The instrument conveying the property to the recipient shall state the interest of the state under
par. (d). The contract entered into under
par. (a) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.
281.69 History
History: 1991 a. 39;
1993 a. 343;
1995 a. 27;
1995 a. 227 s.
431; Stats. 1995 s. 281.69.
COMPENSATION
281.75
281.75
Compensation for well contamination. 281.75(1)(a)
(a) "Alternate water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means.
281.75(1)(b)
(b) "Contaminated well" or "contaminated private water supply" means a well or private water supply which:
281.75(1)(b)1.
1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in
40 CFR 141 and
143;
281.75(1)(b)2.
2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under
ch. 160; or
281.75(1)(b)3.
3. Is subject to a written advisory opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.
281.75(1)(c)
(c) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of permeable rock or soil.
281.75(1)(e)
(e) "Livestock water supply" means a well which is used as a source of potable water only for livestock and which is:
281.75(1)(e)1.
1. Approved by the department of agriculture, trade and consumer protection for grade A milk production under
s. 97.24; or
281.75(1)(f)
(f) "Private water supply" means a residential water supply or a livestock water supply.
281.75(1)(g)
(g) "Residential water supply" means a well which is used as a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units.
281.75(1)(h)
(h) "Well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.
281.75(2)
(2) Duties of the department. The department shall:
281.75(2)(a)
(a) Establish by rule procedures for the submission, review and determination of claims under this section.
281.75(2)(b)
(b) Assist claimants in submitting applications for compensation under this section.
281.75(2)(d)
(d) Establish casing depth and other construction requirements for a new or reconstructed private water supply.
281.75(3)
(3) Wells for which a claim may be submitted; sunset date. 281.75(3)(a)(a) A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated.
281.75(3)(b)
(b) Claims may not be submitted under this section until January 1, 1985.
281.75(4)(a)(a) Except as provided under
par. (b), a landowner or lessee of property on which is located a contaminated private water supply, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.
281.75(4)(b)
(b) The following entities may not submit a claim:
281.75(4)(b)2.
2. An office, department, independent agency, institution of higher education, association, society or other body in state government.
281.75(4)(b)4.
4. A city, village, town, county or special purpose district.
281.75(4m)(a)(a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply may not exceed $65,000.
281.75(4m)(b)
(b) Except as provided under
par. (d), annual family income shall be based upon the adjusted gross income of the landowner or lessee and the landowner's or lessee's spouse, if any, as computed for Wisconsin income or franchise tax purposes for the taxable year prior to the year in which the claim is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year of the enforcement order.
281.75(4m)(c)
(c) In order to be eligible for an award under this section, the claimant shall submit a copy of the designated income or franchise tax returns for the taxable year prior to the year in which the claim is made together with the application under
sub. (5). The claimant shall submit a copy of the landowner's or lessee's Wisconsin franchise tax return, joint Wisconsin income tax return or, if filing separately, the landowner's or lessee's separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any.
