LRB-4264/1
RCT:cjs:rs
2009 - 2010 LEGISLATURE
March 18, 2010 - Introduced by Senators Hansen, Miller, Sullivan, Taylor, Coggs
and Risser, cosponsored by Representatives Black, Pasch, Sinicki, Berceau,
Mason and Milroy. Referred to Committee on Environment.
SB632,1,7
1An Act to renumber and amend 281.16 (4) and 823.08 (3) (c) 2.;
to amend
223.50 (1), 23.65 (1), 92.05 (3) (k), 92.05 (3) (L), 92.07 (2), 92.14 (6) (i) 2., 92.15
3(2), 92.15 (3) (a), 92.15 (4), 93.90 (2) (a), 281.16 (3) (e), 281.65 (4) (e), 281.65 (4c)
4(am) 1. a. and 823.08 (3) (c) 1.; and
to create 92.04 (2) (m), 92.14 (3) (em), 281.16
5(5), 281.163 and 823.08 (3) (c) 2. b. of the statutes;
relating to: control of
6nonpoint source water pollution in certain areas with carbonate bedrock and
7granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Natural Resources (DNR) and the
Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate
rules to limit nonpoint source water pollution, that is, water pollution from diffuse
sources, such as construction sites and feedlots.
This bill requires DNR, in consultation with DATCP, to promulgate rules to
limit pollution of groundwater caused by the spreading of any kind of waste,
including animal waste, septage, sewage sludge, and industrial waste, on land (land
spreading). Under the bill, the rules apply to certain areas with carbonate bedrock
that are susceptible to groundwater contamination caused by land spreading and
that are not sufficiently protected by the current rules concerning nonpoint source
water pollution. The rules promulgated under this bill apply to susceptible areas in
covered counties, which are Brown County, Calumet County, Door County,
Kewaunee County, Manitowoc County, and any other county that opts to have them
apply. The bill also requires DATCP to make its existing rules concerning nutrient
management consistent with the new DNR rules concerning land spreading on
susceptible lands in covered counties.
To identify the areas for which additional regulation of land spreading is
potentially needed, the bill requires DNR to identify areas in this state that exhibit
carbonate bedrock characteristics that may cause them to be susceptible to
groundwater contamination from land spreading, including areas that have
carbonate bedrock less than 50 feet from the surface of the land. The bill requires
DNR to promulgate rules for ranking the land in potentially susceptible areas into
categories according to relative vulnerability to groundwater contamination from
land spreading, based on factors that include bedrock features and the depth and
other characteristics of top soil, and to identify the categories for which additional
regulation is needed.
The bill requires the county land conservation committee in a covered county
to categorize the land in potentially susceptible areas (as identified by DNR) in the
county according to the rules for ranking those lands. The bill provides a process for
a land owner or other person, including DNR and DATCP, to obtain a review of a land
conservation committee's categorization of land. The bill also requires DATCP to
produce maps that show land that is categorized under this process, by category, and
to post those maps on its Internet site.
The bill authorizes DNR to enforce the rules concerning land spreading on
susceptible lands by issuing citations, which are similar to traffic tickets. A district
attorney may also proceed against a person who violates the rules.
The rules promulgated by DNR and DATCP under current law to limit nonpoint
source water pollution, as described above, do not apply to an agricultural facility or
practice that was in existence before October 14, 1997, unless financial assistance
is available to pay a portion of the cost of complying with the rules.
Under this bill, the current rules to limit nonpoint source water pollution apply
to an agricultural facility or practice, in a covered county, that was in existence before
October 14, 1997, without regard to whether financial assistance is available, if the
facility or practice is on land categorized in a category with heightened vulnerability
to groundwater contamination and is in an area with a level of groundwater
contamination that may affect public health, as determined under rules
promulgated by DNR.
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:
SB632, s. 1
1Section
1. 23.50 (1) of the statutes is amended to read:
SB632,3,10
123.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
2court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
3for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2),
281.163 (5), 281.48 (2)
4to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64
5(2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
6administrative rules promulgated thereunder, violations specified under s. 280.98
7(2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal,
8violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
9violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
10enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
SB632, s. 2
11Section
2. 23.65 (1) of the statutes is amended to read:
SB632,3,1812
23.65
(1) When it appears to the district attorney that a violation of s. 90.21,
13134.60,
281.163 (5), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4),
14287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or
15350, or any administrative rule promulgated pursuant thereto, a violation specified
16under s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild
17animal, has been committed the district attorney may proceed by complaint and
18summons.
SB632, s. 3
19Section
3. 92.04 (2) (m) of the statutes is created to read:
SB632,3,2420
92.04
(2) (m)
Review of carbonate bedrock area determinations. The board shall
21review and affirm or reverse decisions of county land conservation committees under
22s. 281.163 (4) (b) when review is requested under s. 281.163 (4) (c). Under this
23paragraph, the board may conduct an informal hearing that is not a contested case
24under ch. 227.
SB632, s. 4
25Section
4. 92.05 (3) (k) of the statutes is amended to read:
SB632,4,5
192.05
(3) (k)
Nutrient management rules. The department shall promulgate
2rules to improve agricultural nutrient management in this state. The rules shall be
3consistent with rules promulgated under s. 281.16 (3)
and, for lands to which the
4rules promulgated under s. 281.163 (5) (b) apply, with those rules and shall include
5incentives, educational and outreach provisions and compliance requirements.
SB632,4,168
92.05
(3) (L)
Technical assistance; performance standards. The department
9shall provide technical assistance to county land conservation committees and local
10units of government for the development of ordinances that implement standards
11adopted under s. 92.07 (2), 92.15 (2) or (3) or 281.16 (3)
and, for lands to which the
12rules promulgated under s. 281.163 (5) (b) apply, that implement the standards in
13those rules. The department's technical assistance shall include preparing model
14ordinances, providing data concerning the standards and reviewing draft ordinances
15to determine whether the draft ordinances comply with applicable statutes and
16rules.
SB632, s. 6
17Section
6. 92.07 (2) of the statutes is amended to read:
SB632,5,818
92.07
(2) Standards. Each land conservation committee may develop and
19adopt standards and specifications for management practices to control erosion,
20sedimentation and nonpoint source water pollution. The standards and
21specifications for agricultural facilities and practices that are constructed or begun
22on or after October 14, 1997, and, if cost-sharing is available to the owner or operator
23under s. 92.14 or 281.65 or from any other source
or if, as determined under s. 281.16
24(5) (b), the agricultural facilities or practices are located on land that is categorized
25under s. 281.163 (4) in a category with heightened vulnerability to groundwater
1contamination and the land is in an area with characteristics that indicate a level
2of groundwater contamination that affects public health, for agricultural facilities
3and practices that are constructed or begun before that date shall be consistent with
4the performance standards, prohibitions, conservation practices and technical
5standards under s. 281.16 (3)
and, for agricultural facilities and practices on lands
6to which the rules promulgated under s. 281.163 (5) (b) apply, with those rules. The
7land conservation committee shall use the rules promulgated under s. 281.16 (3) (e)
8to determine whether cost-sharing is available.
SB632, s. 7
9Section
7. 92.14 (3) (em) of the statutes is created to read:
SB632,5,1210
92.14
(3) (em) Grants to farmers for implementing land and water resource
11management projects on lands categorized under s. 281.163 (4) undertaken to
12comply with the requirements under s. 281.163 (5) (b).
SB632, s. 8
13Section
8. 92.14 (6) (i) 2. of the statutes is amended to read:
SB632,5,1814
92.14
(6) (i) 2. Conduct all land management and pollutant management
15activities in substantial accordance with the performance standards, prohibitions,
16conservation practices and technical standards under s. 281.16
and, if applicable,
17under s. 281.163 (5) (b) and with plans approved under this section, under s. 92.15,
181985 stats., and under ss. 92.10 and 281.65, or to repay the cost-sharing funds.
SB632, s. 9
19Section
9. 92.15 (2) of the statutes is amended to read:
SB632,5,2520
92.15
(2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may
21enact regulations of livestock operations that are consistent with and do not exceed
22the performance standards, prohibitions, conservation practices and technical
23standards under s. 281.16 (3)
and, for livestock operations on lands to which the rules
24promulgated under s. 281.163 (5) (b) apply, the prohibitions and performance
25standards in those rules.
SB632, s. 10
1Section
10. 92.15 (3) (a) of the statutes is amended to read:
SB632,6,102
92.15
(3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit
3may enact regulations of livestock operations that exceed the performance
4standards, prohibitions, conservation practices and technical standards under s.
5281.16 (3)
and, for livestock operations on lands to which the rules promulgated
6under s. 281.163 (5) (b) apply, the prohibitions and performance standards in those
7rules only if the local governmental unit demonstrates to the satisfaction of the
8department of agriculture, trade and consumer protection or the department of
9natural resources that the regulations are necessary to achieve water quality
10standards under s. 281.15.
SB632, s. 11
11Section
11. 92.15 (4) of the statutes is amended to read:
SB632,6,2012
92.15
(4) A local governmental unit may not apply a regulation under sub. (2)
13or (3) to a livestock operation that exists on October 14, 1997, unless the local
14governmental unit determines, using the rules promulgated under s. 281.16 (3) (e),
15that cost-sharing is available to the owner or operator of the livestock operation
16under s. 92.14 or 281.65 or from any other source
or, as determined under s. 281.16
17(5) (b), the livestock operation is located on land that is categorized under s. 281.163
18(4) in a category with heightened vulnerability to groundwater contamination and
19the land is in an area with characteristics that indicate a level of groundwater
20contamination that affects public health.
SB632, s. 12
21Section
12. 93.90 (2) (a) of the statutes is amended to read:
SB632,7,522
93.90
(2) (a) For the purposes of this section, the department shall promulgate
23rules specifying standards for siting and expanding livestock facilities. In
24promulgating the rules, the department may incorporate by cross-reference
25provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8),
192.16, and 281.16 (3) and ch. 283
and, for lands to which the rules promulgated under
2s. 281.163 (5) (b) apply, in those rules. The department may not promulgate rules
3under this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or
4(k), 92.14 (8), 92.16, or 281.16 (3) or ch. 283
or, for lands to which the rules
5promulgated under s. 281.163 (5) (b) apply, with those rules.
SB632,7,248
281.16
(3) (e)
An Except as provided in sub. (5) (a), an owner or operator of an
9agricultural facility or practice that is in existence before October 14,
1997, may not
10be required by this state or a municipality to comply with the performance standards,
11prohibitions, conservation practices or technical standards under this subsection
12unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source,
13to the owner or operator. For the purposes of this paragraph, sub. (4)
(b) and ss. 92.07
14(2), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall
15promulgate rules that specify criteria for determining whether cost-sharing is
16available under s. 281.65 and the department of agriculture, trade and consumer
17protection shall promulgate rules that specify criteria for determining whether
18cost-sharing is available under s. 92.14 or from any other source. The rules may not
19allow a determination that cost-sharing is available to meet local regulations under
20s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance
21standards, prohibitions, conservation practices or technical standards under this
22subsection unless the cost-sharing is at least 70% of the cost of compliance or is from
2370% to 90% of the cost of compliance in cases of economic hardship, as defined in the
24rules.
SB632, s. 14
1Section
14. 281.16 (4) of the statutes is renumbered 281.16 (4) (a) and
2amended to read:
SB632,8,63
281.16
(4) (a) If the department issues a notice of discharge under ch. 283 for
4an animal feeding operation, the performance standards, prohibitions, conservation
5practices and technical standards under sub. (3) apply to the animal feeding
6operation, except
that if the as provided in par. (b).
SB632,8,12
7(b) If an animal feeding operation
for which the department of natural
8resources issues a notice of discharge under ch. 283 is in existence before
9October 14, 1997, the performance standards, prohibitions, conservation practices
10and technical standards only apply if the department determines that cost-sharing
11is available to the owner or operator of the animal feeding operation under s. 92.14
12or 281.65 or from any other source
, except as provided in sub. (5) (a).
SB632, s. 15
13Section
15. 281.16 (5) of the statutes is created to read:
SB632,8,1914
281.16
(5) Application in carbonate bedrock areas. (a) Subsections (3) (e) and
15(4) (b) do not apply to an agricultural facility or practice or animal feeding operation
16that is located on land that is categorized under s. 281.163 (4) in a category with
17heightened vulnerability to groundwater contamination if the land is in an area with
18characteristics that indicate a level of groundwater contamination that affects public
19health.
SB632,8,2120
(b) The department shall promulgate rules that do all of the following for the
21purposes of par. (a) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c):
SB632,8,2322
1. Designate the categories under s. 281.163 (3) (a) that have heightened
23vulnerability to groundwater contamination.
