AB926,278,3
1279.06 (2) The authority shall notify the department of natural resources
2environmental quality of its action on an application under s. 279.05 (1) at the same
3time that it notifies the applicant or applicants.
AB926, s. 1000 4Section 1000. 280.01 (1) of the statutes is amended to read:
AB926,278,65 280.01 (1) "Department" means the department of natural resources
6environmental quality.
AB926, s. 1001 7Section 1001. 280.98 (1) of the statutes is amended to read:
AB926,278,118 280.98 (1) Except as provided in sub. (5), the department may follow the
9procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to
10collect a forfeiture as specified in sub. (3) from a person who commits a violation
11specified under sub. (2).
AB926, s. 1002 12Section 1002. 281.01 (3) of the statutes is amended to read:
AB926,278,1413 281.01 (3) "Department" means the department of natural resources
14environmental quality.
AB926, s. 1003 15Section 1003. 281.01 (12) of the statutes is amended to read:
AB926,278,1716 281.01 (12) "Secretary" means the secretary of natural resources
17environmental quality.
AB926, s. 1004 18Section 1004. 281.01 (21) of the statutes is amended to read:
AB926,278,1919 281.01 (21) "Wetland" has the meaning given in s. 23.32 278.32 (1).
AB926, s. 1005 20Section 1005. 281.15 (1) of the statutes is amended to read:
AB926,279,721 281.15 (1) The department, in consultation with the department of natural
22resources,
shall promulgate rules setting standards of water quality to be applicable
23to the waters of the state, recognizing that different standards may be required for
24different waters or portions thereof. Water quality standards shall consist of the
25designated uses of the waters or portions thereof and the water quality criteria for

1those waters based upon the designated use. Water quality standards shall protect
2the public interest, which include the protection of the public health and welfare and
3the present and prospective future use of such waters for public and private water
4systems, propagation of fish and aquatic life and wildlife, domestic and recreational
5purposes and agricultural, commercial, industrial and other legitimate uses. In all
6cases where the potential uses of water are in conflict, water quality standards shall
7be interpreted to protect the general public interest.
AB926, s. 1006 8Section 1006. 281.16 (3) (a) (intro.) of the statutes is amended to read:
AB926,279,159 281.16 (3) (a) (intro.) The department of natural resources environmental
10quality
, in consultation with the department of agriculture, trade and consumer
11protection, shall promulgate rules prescribing performance standards and
12prohibitions for agricultural facilities and agricultural practices that are nonpoint
13sources. The performance standards and prohibitions shall be designed to achieve
14water quality standards by limiting nonpoint source water pollution. At a minimum,
15the prohibitions shall include all of the following:
AB926, s. 1007 16Section 1007. 281.16 (3) (b) of the statutes is amended to read:
AB926,279,2217 281.16 (3) (b) The department of agriculture, trade and consumer protection,
18in consultation with the department of natural resources environmental quality,
19shall promulgate rules prescribing conservation practices to implement the
20performance standards and prohibitions under par. (a) and specifying a process for
21the development and dissemination of technical standards to implement the
22performance standards and prohibitions under par. (a).
AB926, s. 1008 23Section 1008. 281.16 (3) (e) of the statutes, as affected by 2009 Wisconsin Act
2428
, is amended to read:
AB926,280,17
1281.16 (3) (e) An owner or operator of an agricultural facility or practice that
2is in existence before October 14, 1997, may not be required by this state or a
3municipality to comply with the performance standards, prohibitions, conservation
4practices or technical standards under this subsection unless cost-sharing is
5available, under s. 92.14 or 281.65 or from any other source, to the owner or operator.
6For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.15 (4), and 823.08
7(3) (c) 2., the department of natural resources environmental quality shall
8promulgate rules that specify criteria for determining whether cost-sharing is
9available under s. 281.65 and the department of agriculture, trade and consumer
10protection shall promulgate rules that specify criteria for determining whether
11cost-sharing is available under s. 92.14 or from any other source. The rules may not
12allow a determination that cost-sharing is available to meet local regulations under
13s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance
14standards, prohibitions, conservation practices or technical standards under this
15subsection unless the cost-sharing is at least 70% of the cost of compliance or is from
1670% to 90% of the cost of compliance in cases of economic hardship, as defined in the
17rules.
AB926, s. 1009 18Section 1009. 281.17 (3) of the statutes is amended to read:
AB926,281,1319 281.17 (3) The department shall promulgate rules establishing an examining
20program for the certification of operators of water systems, wastewater treatment
21plants and septage servicing vehicles operated under a license issued under s. 281.48
22(3), setting such standards as the department finds necessary to accomplish the
23purposes of this chapter and chs. 285 and 289 to 299, including requirements for
24continuing education. The department may charge applicants a fee for certification.
25All moneys collected under this subsection for the certification of operators of water

1systems, wastewater treatment plants and septage servicing vehicles shall be
2credited to the appropriation under s. 20.370 20.375 (4) (bL). No person may operate
3a water systems system, wastewater treatment plant or septage servicing vehicle
4without a valid certificate issued under this subsection. The department may
5suspend or revoke a certificate issued under this subsection for a violation of any
6statute or rule relating to the operation of a water system or wastewater treatment
7plant or to septage servicing, for failure to fulfill the continuing education
8requirements or as provided under s. 145.20 (5). The owner of any wastewater
9treatment plant shall be, or shall employ, an operator certified under this subsection
10who shall be responsible for plant operations, unless the department by rule provides
11otherwise. In this subsection, "wastewater treatment plant" means a system or plant
12used to treat industrial wastewater, domestic wastewater or any combination of
13industrial wastewater and domestic wastewater.
AB926, s. 1010 14Section 1010. 281.19 (6) of the statutes is amended to read:
AB926,281,1615 281.19 (6) Orders issued by the department shall be signed by the person
16designated by the board secretary.
AB926, s. 1011 17Section 1011. 281.33 (2) of the statutes is amended to read:
AB926,282,218 281.33 (2) State storm water management plan. The department, in
19consultation with the department of commerce, shall promulgate by rule a state
20storm water management plan. This state plan is applicable to activities contracted
21for or conducted by any agency, as defined under s. 227.01 (1), but also including the
22office of district attorney, unless that agency enters into a memorandum of
23understanding with the department of natural resources in which that agency
24agrees to regulate activities related to storm water management. The department
25shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm

1water management and make recommendations to these agencies concerning
2activities related to storm water management.
AB926, s. 1012 3Section 1012. 281.34 (4) (b) of the statutes is amended to read:
AB926,282,84 281.34 (4) (b) If, under sub. (5) (b), (c), or (d), the department requests an
5environmental impact report under s. 23.11 (5) 278.40 (1m) for a proposed high
6capacity well, the department may only request information in that report that
7relates only to the decisions that the department makes under this section related
8to the proposed high capacity well.
AB926, s. 1013 9Section 1013. 281.34 (5) (b) 1. of the statutes is amended to read:
AB926,282,1710 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
11under the environmental review process in sub. (4), that an environmental impact
12report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity
13well located in a groundwater protection area, the department may not approve the
14high capacity well unless it is able to include and includes in the approval conditions,
15which may include conditions as to location, depth, pumping capacity, rate of flow,
16and ultimate use, that ensure that the high capacity well does not cause significant
17environmental impact.