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LRB-4305/1
MCP:emw
2017 - 2018 LEGISLATURE
January 29, 2018 - Introduced by Representatives Billings, Nygren, Anderson,
Berceau, E. Brooks, Considine, Crowley, Doyle, Hebl, Hesselbein, Kolste,
Novak, Ohnstad, Pope, Sargent, Shankland, Sinicki, Spreitzer, Subeck, C.
Taylor
and Vruwink, cosponsored by Senators Shilling, Bewley, Erpenbach,
Hansen, Ringhand, Vinehout and Miller. Referred to Committee on
Environment and Forestry.
AB881,1,3 1An Act to create 283.90 of the statutes; relating to: notifying well owners and
2counties of certain water pollution violations, providing an exemption from
3emergency rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, if the Department of Natural Resources finds that the holder
of a Wisconsin Pollutant Discharge Elimination System permit has violated certain
provisions of the permit, DNR must notify the owners of any wells that may be
negatively affected by the violation and the county or counties in which the permit
holder and any wells that may be negatively affected by the violation are located.
The bill requires DNR to provide these notices within 30 days after finding that a
violation has occurred and within 24 hours if DNR determines that the violation
poses a serious risk to public health. The bill also requires DNR to establish, by rule,
procedures for providing the required notice.
For further information see the state 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:
AB881,1 4Section 1. 283.90 of the statutes is created to read:
AB881,2,12
1283.90 Notification of violations. Whenever on the basis of any information
2available to it the department finds that a permit holder has violated any of the
3conditions, terms, or criteria specified in the permit under s. 283.31 (3) to (6), the
4department shall notify the owners of any wells that may be negatively affected by
5the violation and the county or counties in which the permit holder and any wells that
6may be negatively affected by the violation are located. The department shall
7provide this notice within 30 days after finding that a violation has occurred except
8that, if the department determines that the violation poses a serious risk to public
9health, the department shall provide the notice, with the assistance of the applicable
10county health departments if possible, within 24 hours after finding that a violation
11has occurred. The department shall establish, by rule, procedures for providing
12notice under this section.
AB881,2 13Section 2. Nonstatutory provision.
AB881,3,214 (1) Using the procedure under section 227.24 of the statutes, the department
15of natural resources may promulgate rules required under section 283.90 of the
16statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency
17rules promulgated under this subsection remain in effect until July 1, 2019, or the
18date on which permanent rules take effect, whichever is sooner. Notwithstanding
19section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide
20evidence that promulgating a rule under this subsection as an emergency rule is
21necessary for the preservation of the public peace, health, safety, or welfare and is
22not required to provide a finding of emergency for a rule promulgated under this
23subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the
24department is not required to prepare a statement of scope of the rules promulgated

1under this subsection and is not required to present the rules promulgated under this
2subsection to the governor for approval.
AB881,3 3Section 3. Effective date.
AB881,3,54 (1) This act takes effect on the first day of the 7th month beginning after
5publication.
AB881,3,66 (End)
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