SB622, s. 819 Section 819. 144.951 of the statutes is renumbered 299.31.

SB622, s. 820 Section 820. 144.955 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.13, and 299.13 (1) (d) and (g), as renumbered, are amended to read:

SB622,331,16 299.13 (1) (d) "Hazardous waste" has the meaning given in s. 144.43 (2) 289.01 (12).

SB622,331,17 (g) "Toxic pollutants" has the meaning given in s. 147.015 283.01 (17).

SB622, s. 821 Section 821. Subchapter VIII (title) of chapter 144 [precedes 144.96] of the statutes is repealed.

SB622, s. 822 Section 822. 144.96 of the statutes is renumbered 299.15, and 299.15 (3) (am) 3., as renumbered, is amended to read:

SB622,332,4 299.15 (3) (am) 3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under s. 147.02 283.31. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under s. 147.02 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.

SB622, s. 823 Section 823. 144.965 of the statutes is renumbered 299.21.

SB622, s. 824 Section 824. 144.968 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 292.51.

SB622, s. 825 Section 825. 144.97 of the statutes is renumbered 299.23 and amended to read:

SB622,332,14 299.23 Financial interest prohibited. The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.

SB622, s. 826 Section 826. 144.975 of the statutes is renumbered 299.91 and amended to read:

SB622,333,18 299.91 Hearings; procedure; review. The department shall hold a public hearing relating to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants. The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of the order and all proceedings on the part of the complainants shall be stayed until the security is filed. The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to the last-known post-office address at least 20 days prior to the time set for the hearing. The hearing shall be held not later than 90 days after the filing of the complaint. The respondent shall file a verified answer to the complaint with the department and serve a copy on the person designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown. For purposes of any hearing under this section the hearing examiner may issue subpoenas and administer oaths. Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under ch. 227. If the department determines that any complaint was filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover the expenses of the hearing in a civil action. Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require clean-up action if it already existed, shall be considered potential environmental pollution. This section does not apply to any part of the process for approving a feasibility report, plan of operation or license under s. 144.44 subch. III of ch. 289 or 144.64 s. 291.23 or 291.25.

SB622, s. 827 Section 827. 144.976 of the statutes is renumbered 281.94, and 281.94 (1), as renumbered, is amended to read:

SB622,334,5 281.94 (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal, as defined under s. 144.026 281.35 (1) (m), alleged to be in violation of s. 144.026 281.35 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (3) (a) or (4) to (6) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

SB622, s. 828 Section 828. 144.977 of the statutes is renumbered 281.95 and amended to read:

SB622,334,19 281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal, as defined under s. 144.026 281.35 (1) (m), in violation of s. 144.026 281.35 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (3) (a) or (4) to (6) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal, as defined under s. 144.026 281.35 (1) (m), which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 144.026 281.35 (6) (a) or in violation of any rule promulgated under s. 144.026 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.

SB622, s. 829 Section 829. 144.98 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.95 and amended to read:

SB622,335,11 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 144.421 and 144.422 281.48, 285.57 and 285.59, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422 281.48, 285.57 and 285.59. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

SB622, s. 830 Section 830. 144.99 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 299.97, and 299.97 (1), as renumbered, is amended to read:

SB622,335,20 299.97 (1) Any person who violates this chapter, except ss. 144.30 to 144.426, 144.48 (4) (b), 144.941 to 144.944 and 144.96 s. 299.15 (1), 299.51 (4) (b) or 299.53 (2) (a) or (3), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

SB622, s. 831 Section 831. 144.992 of the statutes is renumbered 299.93, and 299.93 (1), as renumbered, is amended to read:

SB622,336,2 299.93 (1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter, ch. 147 or 162 or s. 146.20 or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter, ch. 147 or 162 or s. 146.20 or chs. 280 to 285 or 289 to 295, the court shall impose an environmental assessment equal to 10% of the amount of the fine or forfeiture.

SB622, s. 832 Section 832. 144.995 of the statutes is renumbered 299.33, and 299.33 (8), as renumbered, is amended to read:

SB622,336,8 299.33 (8) Exclusion. This section does not apply to any action or other proceeding for injury or threatened injury to property or person caused by a publicly owned treatment work operated under a permit for the discharge of pollutants issued by the department under s. 147.02 283.31.

SB622, s. 833 Section 833. 145.01 (10) (d) of the statutes is amended to read:

SB622,336,11 145.01 (10) (d) The water pressure system other than municipal systems as provided in ch. 144 281.

Note: The cross-reference to ch. 144 is overly inclusive. Only current subch. II of ch. 144 relates to DNR regulation of municipal water systems. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 281.

SB622, s. 834 Section 834. 145.01 (17) of the statutes is amended to read: