SB632,3,10

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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.

SB632,3,1812 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.

SB632,3,2420 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.

SB632,4,5

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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.

SB632,5,818 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

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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.

SB632,5,1210 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).

SB632,5,1814 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.

SB632,5,2520 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.

SB632,6,102 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.

SB632,6,2012 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.

SB632,7,522 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),

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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.

SB632,8,63 281.16 (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).

SB632,8,1914 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.

SB632,9,224 2. Specify the characteristics that indicate levels of groundwater
25contamination that affect public health, such as the existence in an area of a well in

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1which the concentration of contaminants exceeds a preventive action limit, as
2defined in s. 160.01 (6).

SB632,9,5 4281.163 Water quality protection; carbonate bedrock areas. (1)
5Definitions. In this section:

SB632,9,86 (a) "Covered county" means Brown County, Calumet County, Door County,
7Kewaunee County, Manitowoc County, and any other county that, by resolution of
8its county board, opts to have subs. (3) to (6) apply in the county.

SB632,9,129 (b) "Land spreading" means spreading animal waste, septage, sewage sludge,
10industrial waste, or any other type of solid waste on the surface of the land or
11incorporating animal waste, septage, sewage sludge, industrial waste, or any other
12type of solid waste into the surface layers of the soil.

SB632,9,1413 (c) "Potentially susceptible area" means an area identified by the department
14under sub. (2).

SB632,9,1515 (d) "Septage" has the meaning given in s. 281.48 (1) (d).

SB632,9,22 16(2) Identification of potentially susceptible areas. Using information
17available to it, the department shall identify areas in this state that exhibit
18carbonate bedrock characteristics that may cause the areas to be susceptible to
19groundwater contamination from land spreading. At a minimum, the department
20shall identify an area under this subsection if the area has carbonate bedrock less
21than 50 feet from the surface of the land, as shown by bedrock maps produced by the
22geological and natural history survey and other maps identified by the department.

SB632,9,24 23(3) Rules for vulnerability ranking of land in potentially susceptible
24areas. (a) The department shall promulgate rules for ranking the land in potentially

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1susceptible areas by categories according to relative vulnerability to groundwater
2contamination from land spreading, based on factors that include all of the following:

SB632,10,33 1. Bedrock features.

SB632,10,44 2. Depth and other characteristics of top soil.

SB632,10,65 3. Whether the department has declared the land to be an area of special
6eligibility for compensation for well contamination under s. 281.75 (2) (e).

SB632,10,87 4. Whether the department has established the land as a special well casing
8pipe depth area under ch. NR 812, Wis. Adm. Code.

SB632,10,109 (b) In the rules under par. (a), the department shall identify types of uses of land
10that preclude land spreading on the land.

SB632,10,14 11(4) Categorizing potentially susceptible land. (a) The county land
12conservation committee in a covered county shall categorize all land in potentially
13susceptible areas in the covered county, except for land that is in a land use identified
14under sub. (3) (b), according to the rules under sub. (3) (a).

SB632,10,1915 (b) 1. The owner of land categorized under par. (a), the department of natural
16resources, the department of agriculture, trade and consumer protection, an
17organization, or any other person may request a county land conservation committee
18to review the categorization based on site-specific information showing the
19categorization to be inconsistent with the rules under sub. (3).

SB632,11,220 2. A county land conservation committee receiving a request under subd. 1.
21shall conduct an informal hearing on the request. A county land conservation
22committee shall provide public notice of a request under this subdivision. Section
2368.11 (2) does not apply to the hearing. The county land conservation committee
24shall provide reasonable notice of the hearing to the person requesting the review
25and, if not the person requesting the review, to the owner of the land, the department

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1of natural resources, and the department of agriculture, trade and consumer
2protection.

SB632,11,83 (c) The owner of land categorized under par. (a), the department of natural
4resources, the department of agriculture, trade and consumer protection, an
5organization, or any other person may may obtain a review of the decision of a county
6land conservation committee under par. (b) by filing a written request with the land
7and water conservation board within 60 days after the day on which the county land
8conservation committee issues the decision.

SB632,11,159 (d) The owner of land categorized under par. (a), the department of natural
10resources, the department of agriculture, trade and consumer protection, the county
11in which the land is located, an organization, or any other person may request a
12contested case hearing under ch. 227 to review the decision of the land and water
13conservation board under par. (c) by filing a written request with the department of
14natural resources within 60 days after receiving an adverse decision of the land and
15water conservation board.

SB632,11,23 16(4m) Mapping of potentially susceptible land. The department of
17agriculture, trade and consumer protection, in cooperation with county land
18conservation committees, the natural resources conservation service of the federal
19department of agriculture, the University of Wisconsin-Madison department of soil
20science, the geological and natural history survey, and the department of natural
21resources, shall indicate land categorized under sub. (4), by ranking, on maps that
22show areas in which nutrient applications are restricted under ss. 92.05 (3) (k) and
23281.16 (3) and shall post the maps on its Internet site.

SB632,12,3

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1(5) Regulation. The department of natural resources, in consultation with the
2department of agriculture, trade and consumer protection, shall promulgate rules
3that do all of the following:

SB632,12,64 (a) Identify the categories under sub. (3) (a) of potentially susceptible land for
5which regulation of land spreading activities, in addition to regulation under s.
6281.16, is needed to prevent or minimize nonpoint source pollution of groundwater.

SB632,12,97 (b) Prescribe performance standards and prohibitions to prevent or minimize
8nonpoint source pollution of groundwater from land spreading on land in the
9categories identified under par. (a).

SB632,12,12 10(6) Enforcement. (a) The department may follow the procedures for the
11issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture under s. 281.98
12(1) for a violation of rules promulgated under sub. (5).

SB632,12,1513 (b) A county land conservation committee may request the district attorney of
14the county to exercise the district attorney's authority to proceed under s. 23.65
15against a person for a violation of rules promulgated under sub. (5).

SB632,13,817 281.65 (4) (e) Promulgate rules, in consultation with the department of
18agriculture, trade and consumer protection, as are necessary for the proper
19execution and administration of the program under this section. Before
20promulgating rules under this paragraph, the department shall submit the rules to
21the land and water conservation board for review under sub. (3) (at). The rules shall
22include standards and specifications concerning best management practices which
23are required for eligibility for cost-sharing grants under this section. The standards
24and specifications shall be consistent with the performance standards, prohibitions,
25conservation practices and technical standards under s. 281.16 and under s. 281.163

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1(5) (b), where applicable. The department may waive the standards and
2specifications in exceptional cases. The rules shall specify which best management
3practices are cost-effective best management practices. Only persons involved in the
4administration of the program under this section, persons who are grant recipients
5or applicants and persons who receive notices of intent to issue orders under s. 281.20
6(1) (b) are subject to the rules promulgated under this paragraph. Any rule
7promulgated under this paragraph which relates or pertains to agricultural
8practices relating to animal waste handling and treatment is subject to s. 13.565.

SB632,13,1110 281.65 (4c) (am) 1. a. The need for compliance with performance standards
11established by the department under s. ss. 281.16 (2) and (3) and 281.163 (5).

SB632,13,2013 823.08 (3) (c) 1. Subject to subd. 2., if a court requests the department of
14agriculture, trade and consumer protection or the department of natural resources
15for suggestions under par. (b) 2. a., the department of agriculture, trade and
16consumer protection or the department of natural resources shall advise the court
17concerning the relevant provisions of the performance standards, prohibitions,
18conservation practices and technical standards under s. 281.16 (3) and, for lands to
19which the rules promulgated under s. 281.163 (5) (b) apply, the prohibitions and
20performance standards in those rules.

SB632,13,2523 823.08 (3) (c) 2. (intro.) If the agricultural use or agricultural practice alleged
24to be a nuisance was begun before October 14, 1997, a department may advise the
25court under subd. 1. only if the one of the following applies:

SB632,14,2

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1a. The department determines that cost-sharing is available to the defendant
2under s. 92.14 or 281.65 or from any other source.

SB632,14,84 823.08 (3) (c) 2. b. As determined under s. 281.16 (5) (b), the agricultural use
5or practice is located on land that is categorized under s. 281.163 (4) in a category
6with heightened vulnerability to groundwater contamination and the land is in an
7area with characteristics that indicate a level of groundwater contamination that
8affects public health.