Wisconsin Legislature: 347,55

281.58 (1) (cv) "Septage" has the meaning given in s. 281.48 (2) (d).

347,47 Section 47. 281.58 (7) (b) 1. of the statutes is amended to read:

281.58 (7) (b) 1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, including projects or capacity for the receiving, storage, and treatment of septage.

Note: The current statutes create the clean water fund program, which provides financial assistance to municipalities for the cost of planning, design, and construction of wastewater treatment facilities, and other surface and groundwater pollution abatement facilities. The program includes various forms of financial assistance, including market interest rate or below market interest rate loans.

The current clean water fund program can be used as a source of funding for a portion of a sewage treatment plant project that provides receiving, storage, and treatment of septage. However, this is not expressly stated in the statute. This bill adds an explicit statement that such facilities for septage are eligible for financial assistance under the clean water fund program.

347,48 Section 48. 281.58 (8) (b) 1. of the statutes is amended to read:

281.58 (8) (b) 1. Except as provided in subd. 2. and par. (k), the amount of reserve capacity for a project eligible for financial assistance through a method specified under sub. (6) (b) is limited to that future capacity required to serve the users of the project expected to exist within the sewer service area of the project and that future capacity required to serve the need expected to exist outside of the sewer service area of the project for septage that is reasonably likely to be disposed of in the project 10 years after the project is estimated to become operational. The department, in consultation with the demographic services center in the department of administration under s. 16.96, shall promulgate rules defining procedures for projecting population used in determining the amount of reserve capacity.

Note: The current clean water fund program places a limit on the allowable reserve capacity of a sewage treatment plant in order to qualify for below market rate loans and certain other financial assistance. Reserve capacity is the extra capacity to treat wastewater beyond present needs. The current statutory limit is the capacity to treat wastewater from users within the service area for no more than 10 years after completion of the project. This bill adds to the allowable reserve capacity an amount needed to provide septage disposal for property located outside of the sewer service area for that 10-year period if the septage is reasonably likely to be taken to the sewage treatment plant.

347,49 Section 49. 281.58 (12) (a) 5. of the statutes is created to read:

281.58 (12) (a) 5. Notwithstanding subd. 1., the interest rate for the portion of a project that provides facilities for receiving and storing septage and capacity for treating septage is zero percent.

Note: This bill creates a zero percent interest rate for the portion of a clean water fund loan for septage receiving and storing facilities and capacity for septage treatment. This interest rate applies even though the rest of the project has a different interest rate or method of financial assistance. The purpose of the zero percent interest rate is to provide an incentive for a municipality to add facilities and capacity for septage disposal, and to reduce the risk for the municipality of providing that capacity, but then not receiving the expected amount of septage. Even though the interest rate is zero, the municipality will need to repay the clean water fund loan, so the municipality will still have an incentive to build cost-effective projects and to market the septage disposal service.

347,50 Section 50. 281.77 (1) (b) of the statutes is amended to read:

281.77 (1) (b) "Regulated activity" means an activity for which the department may issue an order under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter, except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

Note: Section 281.77, stats., relates to damage to water supplies. This statute authorizes the DNR to conduct a hearing and order the owner or operator of a "regulated activity" that has damaged private water supplies to treat the water, repair the private water supply or replace the private water supply. Section 281.77 (1) (b) defines "regulated activity" as any activity under environmental statutes for which the DNR may issue an order if the activity is conducted in violation of the environmental statutes. A violation of septage disposal regulations should be treated in the same manner as any other violation of an environmental statute. Therefore, the exception for septage disposal is deleted. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

347,51 Section 51. 283.82 of the statutes is created to read:

283.82 Land application of sewage sludge. (1) The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.

(2) No city, village, town, or county may prohibit, through zoning or any other means, the application of sewage sludge to land if that application complies with this section and rules promulgated under this section.

(3) A city, village, town, or county may regulate the application of sewage sludge to land if the regulation is identical to regulations of the department under sub. (1).

347,52 Section 52. 283.87 (1) of the statutes is amended to read:

283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, 31, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

Note: Section 283.87 authorizes the DNR to recover costs in a legal action against a person who violates environmental statutes relating to water quality. Under this statute, the DNR may recover the cost of removing, terminating, or remedying adverse effects on the water environment resulting from unlawful discharge or deposit of pollutants into the waters of the state. The costs recovered can include the costs of replacing fish or other wildlife destroyed by the discharge. Any moneys recovered are placed in the environmental fund. The violation of septage disposal regulations should be treated in the same manner as the violation of the environmental statutes relating to water quality. Therefore, the exception for septage disposal is eliminated. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

347,53 Section 53. 299.95 of the statutes is amended to read:

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. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as provided in ss. 285.86 and 299.85 (7) (am). 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, permit, or certification 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, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and 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).

Note: Under current law, the DNR may issue a citation to collect a forfeiture for a violation of regulations governing the servicing of private sewage systems, or the disposal of septage. The person receiving the citation usually pleads no contest and pays the forfeiture amount, which ends the matter. The person receiving the citation has the option of pleading not guilty and requesting a jury trial. The district attorney is responsible for enforcing citations issued by the DNR.

For most other environmental enforcement actions, when the DNR does not issue a citation, the DNR refers the violation to the attorney general, who may then commence an enforcement action in circuit court. However, there is a conflict in 2 different statutes relating to enforcement of the septage servicing and disposal regulatory statute. The first statute, s. 281.98, provides that a person who violates a provision of ch. 281 (which includes the septage statutes), or any rules or orders issued by DNR under the statutes, may be required to forfeit from $10 to $5,000 for each violation. The attorney general enforces these statutes, rules, and orders upon referral by the DNR. The 2nd statute, s. 299.95, provides that the attorney general may enforce most environmental statutes. However, the septage servicing and disposal statute is specifically excluded from the enforcement authority of the attorney general under s. 299.95. This conflict casts doubt on the ability of the attorney general to enforce septage disposal regulations.

This bill retains the authority of DNR to issue citations for septage servicing and disposal violations, with enforcement by the district attorney. This bill deletes the exception in s. 299.95 for enforcement of these septage regulations by the attorney general. With this change, the DNR can continue to issue citations for violations of these regulations (generally for lesser violations), and will have the option of referring cases involving more serious violations to the attorney general for enforcement.

The bill does not affect the enforcement of the separate requirement for the certification of operators of septage servicing vehicles. The DNR enforces this requirement by either revoking the certification or referring the violation to the attorney general for enforcement.

347,54 Section 54. 348.15 (3) (bv) of the statutes is amended to read:

348.15 (3) (bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 281.49 (1) (a) (m), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

347,55 Section 55. 895.48 (2) (c) 2. of the statutes is amended to read:

895.48 (2) (c) 2. Who would be liable for the discharge under chs. 281 to 285 or 289 to 299, except s. 281.48, or any rule promulgated or permit or order issued under chs. 281 to 285 or 289 to 299, except s. 281.48;

Note: Section 895.48 (2), stats., creates an exemption from civil liability for certain actions taken by a person who provides assistance or advice regarding an emergency involving the discharge of a hazardous substance. In s. 895.48 (2) (c), the statute provides that the civil liability exemption does not extend to a person who would be liable for the discharge of hazardous substances under environmental statutes. A person who discharges hazardous substances in violation of septage disposal statutes should be treated the same as a person who violates other environmental statutes. Therefore, the exception for septage disposal is deleted. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

347,56 Section 56. Initial applicability. The treatment of section 281.49 (12) of the statutes first applies to increases in disposal fees that take effect on the first day of the 3rd month beginning after publication.

Note: This provision specifies the initial applicability of the requirement in s. 281.49 (12), as created by this bill, that each municipal sewage system must notify licensed disposers of septage in the system of any increase in a disposal fee applicable to the license disposer prior to imposing the increased disposal fee.