AB150,1493,54 1. The department has promulgated a rule under sub. (2m) that covers the
5hazardous substance.
AB150,1493,76 2. The amount of the hazardous substance that is discharged is less than the
7amount specified in the rule.
AB150,1493,98 3. The person performs an alternative to immediate reporting if required by the
9rule.
AB150,1493,1010 4. The person takes the actions required by sub. (3).
AB150, s. 4332 11Section 4332. 144.82 of the statutes is amended to read:
AB150,1493,23 12144.82 Mine effect responsibility. The department shall serve as the central
13unit of state government to ensure that the air, lands, waters, plants, fish and
14wildlife affected by prospecting or mining in this state will receive the greatest
15practicable degree of protection and reclamation. The administration of
16occupational health and safety laws and rules that apply to mining shall remain
17exclusively the responsibility of the department of industry, labor and human
18relations
development. The powers and duties of the geological and natural history
19survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological
20and natural history survey. Nothing in this section prevents the department of
21industry, labor and human relations development and the geological and natural
22history survey from cooperating with the department in the exercise of their
23respective powers and duties.
AB150, s. 4333 24Section 4333. 144.833 (3) of the statutes is amended to read:
AB150,1494,10
1144.833 (3) Approval required prior to drilling. No person may engage in
2radioactive waste site exploration by drilling on a parcel unless notice is provided as
3required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a
4written approval authorizing drilling on that parcel. If the person seeking this
5approval is the federal department of energy or an agent or employe of the federal
6department of energy, the department may not issue the approval unless the
7radioactive waste review board public service commission certifies that the federal
8department of energy and its agents or employes have complied with any
9requirement imposed by the radioactive waste review board public service
10commission
under s. 36.50 196.497 or any agreement entered into under that section.
AB150, s. 4334 11Section 4334. 144.833 (7) of the statutes is amended to read:
AB150,1494,1512 144.833 (7) (title) Impact on radioactive waste review board public service
13commission
. Nothing in this section limits the power or authority of the radioactive
14waste review board
public service commission to impose more stringent
15requirements for the negotiation and approval of agreements under s. 36.50 196.497.
AB150, s. 4335 16Section 4335. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:
AB150,1494,1917 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21
1827.41 (11), within 90 days of the completion of the public hearing record, the
19department shall issue the mining permit if it finds:
AB150, s. 4336 20Section 4336. 144.9407 (7) (a) of the statutes is amended to read:
AB150,1494,2521 144.9407 (7) (a) Review. The department shall review the nonmetallic mining
22reclamation program programs under this section of in each county and each city,
23village or town that exercises jurisdiction under this section
to ascertain compliance
24with this section and the rules promulgated under this section. This review shall
25include all of the following:
AB150,1495,3
11. A performance audit of the nonmetallic mining reclamation program of the
2county, and each city, village or town in the county that exercises jurisdiction under
3this section
.
AB150,1495,64 2. Verification, by on-site inspections, of county, city, village or town compliance
5with this section and rules promulgated under this section by the county and each
6city, village or town in the county that exercises jurisdiction under this section
.
AB150,1495,107 3. A written determination by the department, issued every 3 10 years, of
8whether or not the county, and each city, village or town in the county that exercises
9jurisdiction under this section
is in compliance with this section and rules
10promulgated under this section.
AB150, s. 4337 11Section 4337. 144.955 (1) (a) of the statutes is repealed.
AB150, s. 4338 12Section 4338. 144.955 (1) (b) of the statutes is repealed.
AB150, s. 4339 13Section 4339. 144.955 (1) (bm) of the statutes is created to read:
AB150,1495,1514 144.955 (1) (bm) "Council" means the hazardous pollution prevention council
15under s. 15.157 (5).
AB150, s. 4340 16Section 4340. 144.955 (1) (c) of the statutes is amended to read:
AB150,1495,2517 144.955 (1) (c) "Hazardous pollution prevention" means changes in design,
18production
processes, plant operations or raw materials material choices that reduce
19or eliminate the use or production of hazardous substances, toxic pollutants and
20hazardous waste
environmental pollution. "Hazardous pollution prevention" does
21not include incineration, changes in the manner of release of a hazardous substance,
22toxic pollutant or hazardous waste
, recycling of a hazardous substance, toxic
23pollutant or hazardous waste outside of the process or
, treatment of hazardous
24substances, toxic pollutants or hazardous waste after the completion of the process

25or post-process environmental control technology.
AB150, s. 4341
1Section 4341. 144.955 (1) (d) of the statutes is repealed.
AB150, s. 4342 2Section 4342. 144.955 (1) (g) of the statutes is repealed.
AB150, s. 4343 3Section 4343. 144.955 (1m) (intro.) of the statutes is amended to read:
AB150,1496,74 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In
5carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the
6department, the department of development, the board council and the program
7shall promote all of the following techniques for hazardous pollution prevention:
AB150, s. 4344 8Section 4344. 144.955 (1m) (c) of the statutes is amended to read:
AB150,1496,109 144.955 (1m) (c) Changing processes and equipment that produce hazardous
10substances, toxic pollutants or hazardous waste
environmental pollution.
AB150, s. 4345 11Section 4345. 144.955 (2) (a) 1. of the statutes is repealed.
AB150, s. 4346 12Section 4346. 144.955 (2) (a) 2. of the statutes is amended to read:
AB150,1496,1813 144.955 (2) (a) 2. Recommend educational priorities to the university of
14Wisconsin-extension for the program, considering volume and toxicity of hazardous
15substances, toxic pollutants and hazardous waste
environmental pollution
16produced, lack of compliance with environmental standards, and potential for
17hazardous pollution prevention and projected shortfalls in hazardous waste
18treatment or disposal facilities under the capacity assurance plan
.
AB150, s. 4347 19Section 4347. 144.955 (2) (b) of the statutes is amended to read:
AB150,1496,2420 144.955 (2) (b) Identify all department requirements for environmental
21pollution
reporting on hazardous pollution prevention and, to the extent possible and
22practical, standardize, coordinate and consolidate the reporting in order to minimize
23duplication and provide useful information on hazardous pollution prevention to the
24board council, the legislature and the public.
AB150, s. 4348 25Section 4348. 144.955 (2) (e) of the statutes is amended to read:
AB150,1497,2
1144.955 (2) (e) Assist the board council in preparing the report under sub. (3)
2(f)
s. 560.19 (4) (d).
AB150, s. 4349 3Section 4349. 144.955 (3) of the statutes is repealed.
AB150, s. 4350 4Section 4350. 144.968 of the statutes is created to read:
AB150,1497,10 5144.968 Cooperative remedial action. (1) In this section, "costs of
6remedying environmental contamination" means costs determined by the
7department to be necessary to reduce or eliminate environmental contamination and
8restore the environment, including costs of investigation and of providing public
9information and education related to reducing or eliminating environmental
10contamination and restoring the environment.
AB150,1497,15 11(2) The department may seek and receive funds from a municipality or any
12other public or private source for all or part of the costs of remedying environmental
13contamination if the activities being funded are part of a cooperative effort by the
14department and the person providing the funds to remedy that environmental
15contamination.
AB150,1497,17 16(3) Provision of funding under sub. (2) is not evidence of liability or an
17admission of liability for any environmental contamination.
AB150,1497,20 18(4) In carrying out its regulatory and enforcement duties, the department may
19not base its treatment of a person on whether the person did or did not provide
20funding under sub. (2).
AB150, s. 4351 21Section 4351. 144.98 of the statutes is amended to read:
AB150,1498,11 22144.98 Enforcement; duty of department of justice; expenses. The
23attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all
24rules, special orders, licenses, plan approvals and permits of the department, except
25those promulgated or issued under ss. 144.421 and 144.422. The circuit court for

1Dane county or for any other county where a violation occurred in whole or in part
2has jurisdiction to enforce this chapter or the rule, special order, license, plan
3approval or permit by injunctional and other relief appropriate for enforcement. For
4purposes of this proceeding where this chapter or the rule, special order, license, plan
5approval or permit prohibits in whole or in part any pollution, a violation is deemed
6a public nuisance. The expenses incurred by the department of justice in assisting
7with the administration of this chapter shall be charged to the appropriation made
8by s. 20.370 (2) (ma)
The department of natural resources may enter into agreements
9with the department of justice to assist with the administration of this chapter. Any
10funds paid to the department of justice under these agreements shall be credited to
11the appropriation account under s. 20.455 (1) (k)
.
AB150, s. 4352 12Section 4352. 144.99 (title) of the statutes is amended to read:
AB150,1498,13 13144.99 (title) Penalties and remedies.
AB150, s. 4353 14Section 4353. 144.99 of the statutes is renumbered 144.99 (1).
AB150, s. 4354 15Section 4354. 144.99 (2) of the statutes is created to read:
AB150,1498,2116 144.99 (2) In addition to the penalties provided under sub. (1), the court may
17award the department of justice the expenses of the investigation and prosecution
18of the violation, including attorney fees, and an amount reasonably necessary to
19remedy the harmful effects of the violation. The department of justice shall deposit
20in the state treasury for deposit into the general fund all moneys that the court
21awards to the department or the state under this subsection.
AB150, s. 4355 22Section 4355. 145.01 (4) of the statutes is amended to read:
AB150,1498,2423 145.01 (4) Department. "Department" means the department of industry, labor
24and human relations
development.
AB150, s. 4356 25Section 4356. 145.02 (4) (a) of the statutes is amended to read:
AB150,1499,6
1145.02 (4) (a) The department shall prescribe rules as to the qualifications,
2examination and licensing of master and journeyman plumbers and restricted
3plumber licensees, for the licensing of utility contractors, for the registration of
4plumbing apprentices and pipe layers and for the registration and training of
5registered learners. The plumbers council, created under s. 15.227 (15) 15.157 (6),
6shall advise the department in formulating the rules.
AB150, s. 4357 7Section 4357. 145.17 (2) of the statutes is amended to read:
AB150,1499,138 145.17 (2) The department shall prescribe rules as to the qualifications,
9examination and licensing of journeymen automatic fire sprinkler system fitters and
10automatic fire sprinkler contractors and for the registration and training of
11automatic fire sprinkler system apprentices. The automatic fire sprinkler system
12contractors and journeymen council, created under s. 15.227 (16) 15.157 (9), shall
13advise the department in formulating the rules.
AB150, s. 4358 14Section 4358. 145.245 (1) (dm) of the statutes is amended to read:
AB150,1499,1815 145.245 (1) (dm) "Sewage" means the water-carried wastes created in and to
16be conducted away from residences, industrial establishments, and public buildings
17as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be
18present.
AB150, s. 4359 19Section 4359. 145.245 (3) of the statutes is amended to read:
AB150,1500,1020 145.245 (3) Maintenance. The department shall establish a maintenance
21program to be administered by governmental units. The maintenance program is
22applicable to all new or replacement private sewage systems constructed in a
23governmental unit after the date on which the governmental unit adopts this
24program. The maintenance program shall include a requirement of inspection or
25pumping of the private sewage system at least once every 3 years. Inspections may

1be conducted by a master plumber, journeyman plumber or restricted plumber
2licensed under this chapter, a person licensed under s. 146.20 or by an employe of the
3state or governmental unit designated by the department. The department of
4natural resources may suspend or revoke a license issued under s. 146.20 or a
5certificate issued under s. 144.025 (2) (L) to the operator of a septage servicing vehicle
6if the department of natural resources finds that the licensee or operator falsified
7information on inspection forms. The department of industry, labor and human
8relations
development may suspend or revoke the license of a plumber licensed
9under this chapter if the department finds that the plumber falsified information on
10inspection forms.
AB150, s. 4360 11Section 4360. 146.029 of the statutes is repealed.
AB150, s. 4361 12Section 4361. 146.085 (3) of the statutes is amended to read:
AB150,1500,1513 146.085 (3) Enforcement. The department, the department of industry, labor
14and human relations
development and the public service commission shall enforce
15this section within their respective jurisdictions.
AB150, s. 4362 16Section 4362. 146.20 (3) (a) of the statutes is amended to read:
AB150,1500,2417 146.20 (3) (a) License; application. Every person before engaging in servicing
18in this state shall submit an application for a license on forms prepared by the
19department. If the department, after investigation, is satisfied that the applicant
20has the qualifications, experience, understanding of proper servicing practices, as
21demonstrated by the successful completion of an examination given by the
22department, and equipment to perform the servicing in a manner not detrimental
23to public health it shall issue the license, provided a surety bond has been executed.
24The license fee shall accompany all applications.
AB150, s. 4363 25Section 4363. 146.20 (3) (b) of the statutes is amended to read:
AB150,1501,7
1146.20 (3) (b) Expiration date of license. All licenses issued under this section
2for a period beginning before July 1, 1997, are for one year. All licenses issued under
3this section for a period beginning after June 30, 1997, are for 2 years.
All licenses
4issued under this section are for one year, expire on June 30 or December 31 and are
5not transferable
. Application for renewal shall be filed on or before July 1 or January
61
June 1 and if filed after that date a penalty shall be charged. The department shall
7promulgate a rule setting the amount of the penalty for late filing.
AB150, s. 4364 8Section 4364. 146.20 (4) of the statutes is repealed.
AB150, s. 4365 9Section 4365. 146.20 (4s) (a) 1. of the statutes is amended to read:
AB150,1501,1210 146.20 (4s) (a) 1. For a license under sub. (3) (a) for to a state resident, $25 for
11each vehicle used for servicing, $25 if the license period begins before July 1, 1997,
12and $50 if the license period begins after June 30, 1997
.
AB150, s. 4366 13Section 4366. 146.20 (4s) (a) 2. of the statutes is amended to read:
AB150,1501,1614 146.20 (4s) (a) 2. For a license under sub. (3) (a) for to a nonresident licensee,
15$50
, for each vehicle used for servicing, $50 if the license period begins before July
161, 1997, and $100 if the license period begins after June 30, 1997
.
AB150, s. 4367 17Section 4367. 146.20 (4s) (d) of the statutes is amended to read:
AB150,1501,2218 146.20 (4s) (d) In addition to the license fee under par. (a) 1. or 2., the
19department shall collect from each licensee a groundwater fee of $50 per licensee if
20the license period begins before July 1, 1997, and $100 if the license period begins
21after June 30, 1997
. The moneys collected under this paragraph shall be credited to
22the environmental fund for groundwater management.
AB150, s. 4368 23Section 4368. 146.20 (5) (a) 1. of the statutes is repealed.
AB150, s. 4369 24Section 4369. 146.40 (5) (a) of the statutes is amended to read:
AB150,1502,7
1146.40 (5) (a) The department, in consultation with the technical college
2system board, shall promulgate rules specifying standards for certification in this
3state of instructional and competency evaluation programs for nurse's assistants,
4home health aides and hospice aides. The standards shall include specialized
5training in providing care to individuals with special needs. The department shall
6promulgate rules regarding this specialized training in consultation with a private
7nonprofit organization awarded a grant under s. 46.855.
AB150, s. 4370 8Section 4370. 146.57 of the statutes is amended to read:
AB150,1502,19 9146.57 (title) Statewide poison control system program. (3) (title)
10Regional poison control centers. (a) By July 1, 1994, the The department shall
11designate no more than 2 regional poison control centers and
shall implement any
12other aspects of
a statewide poison control system program. From the appropriation
13under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is
14met, distribute, for fiscal year 1994-95, total funding of not more than $187,500 to
15each regional poison control center that is so designated
in each fiscal year to
16supplement the operation of the centers program and to provide for the statewide
17collection and reporting of poison control data by the centers. The department may,
18but need not, distribute all of the funds in each fiscal year to a single poison control
19center
.
AB150,1502,2420 (b) No regional poison control center may be funded receive funds under par.
21(a) unless there is a matching contribution from the regional the poison control
22center provides a matching contribution of at least 50% of the state funding for the
23center. Private funds and in-kind contributions may be used to meet this
24requirement.
AB150,1503,3
1(4) Rule making. The department shall promulgate rules that specify the
2information that shall be reported to the department by regional under the statewide
3poison control centers program.
AB150, s. 4371 4Section 4371. 146.81 (1) (p) of the statutes is created to read:
AB150,1503,55 146.81 (1) (p) A rural medical center, as defined in s. 50.50 (11).
AB150, s. 4372 6Section 4372. 146.82 (2) (a) 17. of the statutes is created to read:
AB150,1503,77 146.82 (2) (a) 17. To the department under s. 50.53 (2).
AB150, s. 4373 8Section 4373. 146.89 (1) of the statutes is amended to read:
AB150,1503,159 146.89 (1) In this section, "volunteer health care provider" means an individual
10who is licensed as a physician under ch. 448, dentist under ch. 447, registered nurse,
11practical nurse or nurse-midwife under ch. 441 or optometrist under ch. 449 or
12certified as a physician's assistant under ch. 448 and who receives no income from
13the practice of that health care profession or
who receives no income from the practice
14of that health care profession when providing services at the nonprofit agency
15specified under sub. (3).
AB150, s. 4374 16Section 4374. 146.89 (2) (a) 2. of the statutes is amended to read:
AB150,1504,917 146.89 (2) (a) 2. A volunteer health care provider may participate under this
18section only if he or she submits a joint application with a nonprofit agency in a
19county that is specified under sub. (3) (a) 2. to the department of administration and
20that department approves the application after first submitting
and the application
21is approved by the department. Before the department of administration may
22approve an application, it shall submit
the application to the joint committee on
23finance for review under the procedures specified in s. 13.10, and obtaining approval
24from the joint committee on finance for the application. The department of
25administration shall disapprove the application if the joint committee on finance has

1disapproved it
. If the cochairpersons of the joint committee on finance do not notify
2the department of administration that the committee has scheduled a meeting for
3the purpose of reviewing the application within 14 working days after the date of the
4submittal, the department of administration may approve the application. If, within
514 working days after the date of the submittal, the cochairpersons of the committee
6notify the department of administration that the committee has scheduled a meeting
7for the purpose of reviewing the application, the department of administration may
8approve the application only with the approval of the committee
. The department
9of administration shall provide application forms for use under this subdivision.
AB150, s. 4375 10Section 4375. 146.89 (2) (c) of the statutes is amended to read:
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