146.60(4)(d)
(d) Conduct a technical review of the proposed regulated release.
146.60(4)(e)
(e) Seek the assistance of the university of Wisconsin system faculty and academic staff or the department of health and family services in reviewing the proposed regulated release.
146.60(5)
(5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under
sub. (3).
146.60(6)
(6) Confidential treatment of records. 146.60(6)(a)(a) Except as provided in
pars. (b) and
(c), the departments shall keep confidential any information received under this section if the person submitting the information notifies the departments that any of the following applies to that information:
146.60(6)(a)1.
1. The federal regulator to which the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under
5 USC 552 or under the coordinated framework.
146.60(6)(a)2.
2. The person submitting the information to the departments has submitted a claim to the federal regulator that the information is entitled to confidential treatment under
5 USC 552 or under the coordinated framework, and the federal regulator has not made a determination on the claim.
146.60(6)(b)
(b) Paragraph (a) shall not prevent the departments from exchanging information under
sub. (3) (c) or
(4) (c) or from using the information for the purposes of
sub. (4) (d) or
(e), subject to the requirements under
par. (d). Any person receiving such information is subject to the penalty specified under
sub. (9) (b) for the unauthorized release of that information.
146.60(6)(c)
(c) The departments shall allow public access to any information which has been granted confidentiality under
par. (a) if any of the following occurs:
146.60(6)(c)1.
1. The person providing the information to the departments expressly agrees to the public access to the information.
146.60(6)(c)2.
2. After information has been granted confidentiality under
par. (a) 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under
5 USC 552 or under the coordinated framework.
146.60(6)(c)3.a.
a. The person providing the information to the departments has not submitted that information under
par. (a) or a claim under
par. (a) 2. to the federal regulator; or
146.60(6)(c)3.b.
b. The federal regulator to which the information has been submitted has determined that the information is not entitled to confidential treatment and is subject to public disclosure under
5 USC 552 or under the coordinated framework.
146.60(6)(d)1.1. The departments shall establish procedures to protect information required to be kept confidential under
par. (a). Under the procedure, the departments may not submit any information under
sub. (4) (d) or
(e) to any person who is not an employe of either of the departments unless that person has signed an agreement which satisfies the requirements of
subd. 2.
146.60(6)(d)2.
2. The agreement required under
subd. 1. shall provide that information which is the subject of the agreement is subject to confidential treatment, shall prohibit the release or sharing of the information with any other person except at the direction of the reviewing department and in compliance with this section, shall acknowledge the penalties in
sub. (9),
s. 134.90 and any other applicable state law identified by the departments for the unauthorized disclosure of the information and shall contain a statement that the person receiving the information, any member of his or her immediate family or any organization with which he or she is associated has no substantial financial interest in the regulated release which is the subject of the information. Any person submitting the information under
sub. (3) or
(4) may waive any of the requirements under this subdivision.
146.60(7)(b)
(b) A reviewing department may waive part or all of the requirements under
sub. (3) for a specified regulated release if the reviewing department determines that the satisfaction of that requirement is not necessary to protect the public health or the environment.
146.60(7)(c)
(c) A reviewing department may exempt a class of regulated releases from part or all of any requirement under
sub. (3) if the department determines that the satisfaction of that requirement or part of a requirement is not necessary to protect the public health or the environment.
146.60(8)
(8) Enforcement. The attorney general shall enforce
subs. (3) and
(6). The circuit court for Dane county or for the county where a violation occurred in whole or in part has jurisdiction to enforce this section by injunctive and other relief appropriate for enforcement. In an enforcement action under this section, if it is determined that a person commenced a regulated release and did not comply with
sub. (3), the court shall issue an injunction directing the person to prevent or terminate the regulated release.
146.60(9)(a)(a) Any person who fails to submit the information required under
sub. (3) and has not commenced a regulated release shall forfeit not more than $100 for each violation. Any person who commences or continues a regulated release without having submitted the information required under
sub. (3) shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of continued violation under this paragraph is a separate offense.
146.60(9)(ag)
(ag) Any person who intentionally violates
sub. (3) after commencing a regulated release shall be fined not less than $100 nor more than $25,000 or imprisoned for not more than one year in the county jail or both.
146.60(9)(am)
(am) For a 2nd or subsequent violation under
par. (ag), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year or both.
Effective date note
NOTE: Par. (am) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(am) For a 2nd or subsequent violation under par. (ag), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.
146.60(9)(b)
(b) Any person who intentionally violates any requirement under
sub. (6) (a) or
(b) shall be fined not less than $50 nor more than $50,000 or imprisoned for not less than one month nor more than 6 months or both.
146.60(9)(c)
(c) Paragraphs (a) and
(ag) do not apply to any person who provides the information required under
sub. (3) to either of the departments.
146.60(10)
(10) Relation to other laws. The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law.
146.62
146.62
Rural hospital loan program. 146.62(4)
(4) Departmental duties. The department shall negotiate with each recipient of a loan made under s.
146.62 (2) and
(3), 1989 stats., the schedule of repayments and collect the loan repayments as they are due. Loan repayments shall be deposited in the general fund. Except as provided in
sub. (5), repayment for each loan shall begin no later than 12 months after the project funded under the loan begins operation.
146.62(5)
(5) Loan forgiveness. If a rural hospital that receives a loan under s.
146.62 (2) and
(3), 1989 stats., is unable to undertake the proposed project, the rural hospital may submit to the department a final report concerning the feasibility of loan repayment. The department shall review the report and may forgive all or part of the loan.
146.70
146.70
Statewide emergency services number. 146.70(1)(a)
(a) "Automatic location identification" means a system which has the ability to automatically identify the address of the telephone being used by the caller and to provide a display at the central location of a sophisticated system.
146.70(1)(b)
(b) "Automatic number identification" means a system which has the ability to automatically identify the caller's telephone number and to provide a display at the central location of a sophisticated system.
146.70(1)(c)
(c) "Basic system" means a telecommunications system which automatically connects a person dialing the digits "911" to a public safety answering point.
146.70(1)(d)
(d) "Department" means the department of administration.
146.70(1)(e)
(e) "Direct dispatch method" means a telecommunications system providing for the dispatch of an appropriate emergency service vehicle upon receipt of a telephone request for such service.
146.70(1)(f)
(f) "Public agency" means any municipality as defined in
s. 345.05 (1) (c) or any state agency which provides or is authorized by statute to provide fire fighting, law enforcement, ambulance, medical or other emergency services.
146.70(1)(g)
(g) "Public safety agency" means a functional division of a public agency which provides fire fighting, law enforcement, medical or other emergency services.
146.70(1)(gm)
(gm) "Public safety answering point" means a facility to which a call on a basic or sophisticated system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider or transfers the call to the appropriate emergency services provider.
146.70(1)(h)
(h) "Relay method" means a telecommunications system whereby a request for emergency services is received and relayed to a provider of emergency services by telephone.
146.70(1)(i)
(i) "Sophisticated system" means a basic system with automatic location identification and automatic number identification.
146.70(1)(k)
(k) "Transfer method" means a telecommunications system which receives telephone requests for emergency services and transfers such requests directly to an appropriate public safety agency or other provider of emergency services.
146.70(2)(a)(a) Every public agency may establish and maintain within its respective jurisdiction a basic or sophisticated system under this section. Such a system shall be in a central location.
146.70(2)(b)
(b) Every basic or sophisticated system established under this section shall be capable of transmitting requests for law enforcement, fire fighting and emergency medical and ambulance services to the public safety agencies providing such services. Such system may provide for transmittal of requests for poison control to the appropriate regional poison control center under
s. 146.57, suicide prevention and civil defense services and may be capable of transmitting requests to ambulance services provided by private corporations. If any agency of the state which provides law enforcement, fire fighting, emergency medical or ambulance services is located within the boundaries of a basic or sophisticated system established under this section, such system shall be capable of transmitting requests for the services of such agency to the agency.
146.70(2)(c)
(c) The digits "911" shall be the primary emergency telephone number within every basic or sophisticated system established under this section. A public agency or public safety agency located within the boundaries of a basic or sophisticated system established under this section shall maintain a separate 7-digit phone number for nonemergency telephone calls. Every such agency may maintain separate secondary 7-digit back-up numbers.
146.70(2)(d)
(d) Public agencies, including agencies with different territorial boundaries, may combine to establish a basic or sophisticated system established under this section.
146.70(2)(e)
(e) If a public agency or group of public agencies combined to establish an emergency phone system under
par. (d) has a population of 250,000 or more, such agency or group of agencies shall establish a sophisticated system.
146.70(2)(f)
(f) Every basic or sophisticated system established under this section shall utilize the direct dispatch method, the relay method or the transfer method.
146.70(2)(g)
(g) Every telecommunications utility providing coin-operated telephones for public use within the boundaries of a basic or sophisticated system established under this section shall convert, by December 31, 1987, all such telephones to telephones which enable a user to reach "911" without inserting a coin. Any coin-operated telephone installed by a telecommunications utility after December 31, 1987, in an agency which has established an emergency phone system under this section shall enable a user to reach "911" without inserting a coin.
146.70(2)(h)
(h) A commercial mobile radio service provider shall permit a user of the provider to access a basic or sophisticated system if the provider operates within the boundaries of a system.
146.70(2)(i)
(i) If a user reaches a basic or sophisticated system through a commercial mobile radio service provider and the service requested is to be provided outside of the jurisdiction served by the system, the public agency operating the system shall transfer the request for services to the appropriate jurisdiction.
146.70(3)
(3) Funding for countywide systems. 146.70(3)(a)2.
2. "Costs" means the costs incurred by a service supplier after August 1, 1987, in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the data base used only to operate a sophisticated system.
146.70(3)(a)3.
3. "Service supplier" means a telecommunications utility which provides exchange telephone service within a county.
146.70(3)(a)4.
4. "Service user" means any person who is provided telephone service by a service supplier which includes access to a basic or sophisticated system.
146.70(3)(b)
(b)
Charge authorized. A county by ordinance may levy a charge on all service users in the county to finance the costs related to the establishment of a basic or sophisticated system in that county under
sub. (2) if:
146.70(3)(b)1.
1. The county has adopted by ordinance a plan for that system.
146.70(3)(b)2.
2. Every service user in that county has access to a system.
146.70(3)(b)3.
3. The county has entered into a contract with each service supplier in the county for the establishment of that system to the extent that each service supplier is capable of providing that system on a reasonable economic basis on the effective date of the contract and that contract includes all of the following:
146.70(3)(b)3.a.
a. The amount of nonrecurring charges service users in the county will pay for all nonrecurring services related to providing the trunking and central office equipment used only to operate a basic or sophisticated system established in that county and the data base used only to operate that sophisticated system.
146.70(3)(b)3.b.
b. The amount of recurring charges service users in the county will pay for all recurring services related to the maintenance and operation of a basic or sophisticated system established in that county.
146.70(3)(b)3.c.
c. Every provision of any applicable schedule which the service supplier has filed with the commission under
s. 196.19 or
196.20, which is in effect on the date the county signs the contract and which is related to the provision of service for a basic or sophisticated system.
146.70(3)(b)4.
4. The charge is calculated, under a schedule filed under
s. 196.19 or
196.20, by dividing the costs related to establishing a basic or sophisticated system in that county by the total number of exchange access lines, or their equivalents, which are in the county and which are capable of accessing that system.
146.70(3)(b)5.
5. The charge is billed to service users in the county in a service supplier's regular billing to those service users.
146.70(3)(b)6.
6. Every public safety answering point in the system is in constant operation.
146.70(3)(b)7.
7. Every public safety agency in the county maintains a telephone number in addition to "911".
146.70(3)(b)8.a.
a. Twenty-five cents each month for each exchange access line or its equivalent in the county if the county has a population of 500,000 or more.
146.70(3)(b)8.b.
b. One dollar each month for each exchange access line or its equivalent if the county has a population of less than 500,000 and the county is recovering charges under
subd. 3. a.
