LRB-3048/2
PEN:mfd:ijs
1997 - 1998 LEGISLATURE
September 11, 1997 - Introduced by Senators Clausing and Burke, cosponsored
by Representatives Bock, Black, La Fave, Plouff, Ryba, Notestein and
Baumgart. Referred to Committee on Agriculture and Environmental
Resources.
SB290,1,5
1An Act to repeal 289.96 (2);
to renumber 289.43 (7) (d) and 289.43 (8) (c);
to
2renumber and amend 289.96 (1) (a), 289.96 (1) (b) and 289.96 (3);
to amend
320.455 (1) (gh), 283.91 (4) and 291.97 (2) (a) 1.; and
to create 289.96 (1m) of the
4statutes;
relating to: violations of solid waste laws, permits and special orders
5and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, any person who violates this state's laws regulating the
management of solid waste or any plan approval, license or special order issued by
the department of natural resources (DNR) relating to solid waste shall forfeit not
less than $10 nor more than $5,000 for each day of violation. This bill increases the
maximum penalty for those violations to a forfeiture of $25,000 per day.
This bill makes it a crime to intentionally violate this state's laws regulating the
management of solid waste or any permit or special order issued by DNR relating to
solid waste. Under the bill, a person who intentionally violates such laws, permits
or approvals must be fined up to $25,000 per day of violation or imprisoned for not
more than 6 months or both. For a 2nd or subsequent violation, the person must be
fined up to $50,000 per day of violation or imprisoned for not more than 2 years or
both.
Current law also prohibits any person from knowingly making a false
statement to DNR relating to this state's regulation of pollutant discharges into the
waters of this state. A person who makes such a false statement may be fined not
less than $10 nor more than $10,000 or imprisoned for not more than 6 months or
both. This bill changes the required mental state for this prohibition from
"knowingly" to "intentionally", and prohibits a person from intentionally causing
another person to make such a false statement, subject to the same penalties.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB290, s. 1
1Section
1. 20.455 (1) (gh) of the statutes is amended to read:
SB290,2,82
20.455
(1) (gh)
Investigation and prosecution. The amounts in the schedule for
3the expenses of investigation and prosecution of violations, including attorney fees,
4under ss. 49.49 (6), 100.263, 133.16, 281.98, 283.91 (5), 289.96
(3) (2), 292.99, 293.87
5(4), 295.19 (3) (b) and 299.97. Ten percent of all moneys received under ss. 49.49 (6),
6100.263, 133.16, 281.98, 283.91 (5), 289.96
(3) (2), 292.99, 293.87 (4), 295.19 (3) (b)
7and 299.97, for the expenses of investigation and prosecution of violations, including
8attorney fees, shall be credited to this appropriation account.
SB290, s. 2
9Section
2. 283.91 (4) of the statutes is amended to read:
SB290,2,1710
283.91
(4) Any person who
knowingly
intentionally makes
or intentionally
11causes another to make any false statement, representation, or certification in any
12application, record, report, plan, or other document filed or required to be
13maintained under this chapter or who falsifies, tampers with, or
knowingly 14intentionally renders inaccurate any monitoring device or method required to be
15maintained under this chapter
, or intentionally causes another to do so, shall be fined
16not less than $10 nor more than $10,000 or imprisoned for not more than 6 months
17or both.
SB290, s. 3
18Section
3. 289.43 (7) (d) of the statutes is renumbered 289.43 (7) (d) 1.
SB290, s. 4
19Section
4. 289.43 (8) (c) of the statutes is renumbered 289.43 (8) (c) 1.
SB290, s. 5
1Section
5. 289.96 (1) (a) of the statutes is renumbered 289.43 (7) (d) 2. and
2amended to read:
SB290,3,53
289.43
(7) (d) 2. No person may treat, store or dispose of high-volume
4industrial waste in violation of a testing requirement or condition of an exemption
5under
s. 289.43 (7) (d) subd. 1.
SB290, s. 6
6Section
6. 289.96 (1) (b) of the statutes is renumbered 289.43 (8) (c) 2. and
7amended to read:
SB290,3,98
289.43
(8) (c) 2. No person may violate a testing requirement or condition of an
9exemption from regulation under
s. 289.43 (8) (c)
subd. 1.
SB290, s. 7
10Section
7. 289.96 (1m) of the statutes is created to read:
SB290,3,1811
289.96
(1m) Any person who intentionally commits an act that violates this
12chapter or who intentionally fails to perform an act as required under this chapter
13or any rule promulgated or any permit or special order issued under this chapter or
14ss. 144.43 to 144.52, 1993 stats., shall be fined not more than $25,000 per day of
15violation or imprisoned for not more than 6 months or both. For a 2nd or subsequent
16violation, the person shall be fined not more than $50,000 per day of violation or
17imprisoned for not more than 2 years or both. While an order is suspended, stayed
18or enjoined, the penalty does not accrue.
SB290, s. 8
19Section
8. 289.96 (2) of the statutes is repealed.
SB290, s. 9
20Section
9. 289.96 (3) of the statutes is renumbered 289.96 and amended to
21read:
SB290,4,222
289.96
(1) Except
for the violations enumerated in sub. (1) as provided in sub.
23(1m), any person who violates this chapter or any rule promulgated or any plan
24approval, license or special order issued under this chapter shall forfeit not less than
25$10 nor more than
$5,000 $25,000 for each violation. Each day of continued violation
1is a separate offense. While an order is suspended, stayed or enjoined, the penalty
2does not accrue.
SB290,4,11
3(2) In addition to the penalties provided under
par. (a) sub. (1) or (1m), the court
4may award the department of justice the reasonable and necessary expenses of the
5investigation and prosecution of the violation, including attorney fees. The
6department of justice shall deposit in the state treasury for deposit into the general
7fund all moneys that the court awards to the department or the state under this
8subsection. Ten percent of the money deposited in the general fund that was awarded
9under this subsection for the costs of investigation and the expenses of prosecution,
10including attorney fees, shall be credited to the appropriation account under s.
1120.455 (1) (gh).
SB290, s. 10
12Section
10. 291.97 (2) (a) 1. of the statutes is amended to read:
SB290,4,1713
291.97
(2) (a) 1. In connection with an application, label, manifest, record,
14report, license or other document relating to this chapter, makes
or causes another
15to make an untrue statement of a material fact or fails to state
or causes another to
16fail to state a material fact with the result that the statements made in the document
17are misleading.
SB290,4,2119
(1) This act first applies to violations committed on the effective date of this
20subsection, but does not preclude the counting of other violations as previous
21violations for sentencing a person.
