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(4)
(4) Lake management project grants; purchases. 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 used for a purchase under
sub. (3) (b) 1. 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 used for a purchase under
sub. (3) (b) 1. 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(5)
(5) Lake classification project grants. 281.69(5)(a)(a) The department shall promulgate rules to administer and to determine eligibility for grants for lake classification projects.
281.69(5)(b)
(b) The rules under
par. (a) shall include guidelines to be used for lake classification. The guidelines shall require that certain factors be used in classifying each lake by use. The factors shall include all of the following:
281.69(5)(b)4.
4. The potential of the lake to be overused for recreational purposes.
281.69(5)(b)5.
5. The potential for the development of land surrounding the lake.
281.69(5)(b)6.
6. The potential of the lake to suffer from nonpoint source water pollution.
281.69(5)(b)7.
7. The type and size of the fish and wildlife population in and around the lake.
281.69(5)(c)
(c) The rules under
par. (a) shall designate which classification and protection activities are eligible for lake classification grants.
281.69(5)(d)
(d) The department may award lake classification grants only to counties.
281.69(6)
(6) Lake classification technical assistance grants. 281.69(6)(a)(a) The department shall promulgate rules to administer and determine eligibility for lake classification technical assistance grants to be awarded to nonprofit corporations.
281.69(6)(b)
(b) A nonprofit corporation receiving a lake classification technical assistance grant shall use the grant to provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.
281.69(7)
(7) Prohibited activities. The department may not promulgate a rule designating dam maintenance and repair as an eligible activity for grants under this section.
281.69 History
History: 1991 a. 39;
1993 a. 343;
1995 a. 27;
1995 a. 227 s.
431; Stats. 1995 s. 281.69;
1997 a. 27.
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.
281.75(4m)(d)
(d) The department may disregard the Wisconsin income tax return for the taxable year prior to the year in which the claim is made and may determine annual family income based upon satisfactory evidence of adjusted gross income or projected taxable income of the landowner or lessee and the landowner's or lessee's spouse in the current year.
281.75(5)(a)(a) A claimant shall submit a claim on forms provided by the department. The claimant shall verify the claim by affidavit.
281.75(5)(b)1.
1. Test results which show that the private water supply is contaminated, as defined under
sub. (1) (b) 1. or
2., or information to show that the private water supply is contaminated as defined under
sub. (1) (b) 3.;
281.75(5)(b)2.
2. Any information available to the claimant regarding possible sources of contamination of the private water supply; and
281.75(5)(c)
(c) The department shall notify the claimant if the claim is complete or specify the additional information which is required to be submitted. If the claimant does not submit a complete claim, as determined by the department, the department may not proceed under this section until it receives a complete claim.
281.75(5)(d)
(d) A claim constitutes consent by the claimant to:
281.75(5)(d)1.
1. Enter the property where the private water supply is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and
281.75(5)(d)2.
2. Cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated.
281.75(5)(e)
(e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply.
281.75(5)(f)
(f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under
s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.
281.75(6)(a)(a) Contamination of a private water supply, as defined under
sub. (1) (b) 1. or
2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under
s. 299.11.
281.75(6)(b)
(b) The department may reject test results which are not sufficiently recent.
281.75(6)(c)
(c) The department, at its own expense, may test additional samples from any private water supply for which a claim is submitted.
281.75(7)(a)(a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated, the department shall issue an award. The award may not pay more than 75% of the eligible costs. The award may not pay any portion of eligible costs in excess of $12,000.
