WPDES permit conditions
Under current law, a wastewater treatment facility, and any person that wishes
to land spread biosolids or other sludge, must obtain a water pollution permit
(WPDES permit) from DNR. DNR is required to include conditions in such permits
to ensure compliance with water quality standards.
Under the bill, a WPDES permit that allows the permittee to land spread
biosolids must also include a condition that requires the permittee to test the sludge
for PFAS, and prohibits the land spreading of the biosolids if PFAS levels exceed
levels set by DNR in the WPDES permit. Additionally, a WPDES permit issued to
a treatment work must require the permittee to test all sludge for the presence of
PFAS and to report the testing results to DNR.
Access to information on solid or hazardous waste
In addition, the bill requires a person who generates solid or hazardous waste
at a site or facility under investigation by DNR to provide DNR with access to
information relating to any transportation to or treatment, storage, or disposal at
another site, facility, or location.
Proof of financial responsibility for PFAS contamination
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
or who causes the discharge of PFAS, or who manufactures products that contain
intentionally added PFAS, to provide proof of financial responsibility for remediation
and long-term care to address contamination by a potential discharge of PFAS or
environmental pollution that may be caused by a discharge of PFAS. This financial
responsibility requirement does not apply to a municipality, fire department, fire
district, water utility, wastewater utility, agricultural producer, or the state.
Environmental justice impacts of PFAS transportation and disposal
The bill requires a person disposing of PFAS, or transporting PFAS for the
purpose of disposal, to attempt to the greatest extent possible to avoid disposing of
PFAS in, or transporting PFAS to, any location where such disposal or transportation
will contribute to environmental justice concerns and to consider all reasonable
alternatives for transport and disposal of PFAS. The bill requires DNR to assist in
evaluating the environmental justice impacts of a person's PFAS disposal or
transportation.
PFAS disposal study
The bill requires DNR to study and analyze different options for disposing of
PFAS, including whether the transport of PFAS to certain locations for disposal
would present environmental justice concerns. The bill provides $2,000,000 in GPR
funding for this purpose.
Legacy PFAS contamination testing
The bill also requires DNR to test for PFAS contamination in soil and
groundwater in areas where biosolids have been land applied for at least 10 years
and where vulnerable aquifers are present. The bill provides $2,000,000 in GPR
funding for this purpose.
Statewide PFAS biomonitoring studies
The bill requires DHS to conduct biomonitoring studies across the state to
assess PFAS exposure levels and better understand the factors that affect PFAS
levels in residents of different communities. As part of these studies, DHS may
survey volunteer participants, test blood samples for PFAS, and analyze the results.
The bill authorizes 5.0 additional FTE positions in DHS to conduct these studies and
provides $630,000 in annual GPR funding for this purpose.
Report on regulating PFAS as a class
The bill also requires DNR and DHS to submit a joint report to the legislature,
no later than June 30, 2026, on the feasibility and advisability of regulating PFAS
as one or more classes of substances.
DATCP testing for PFAS
Under current law, the Department of Agriculture, Trade and Consumer
Protection conducts several statewide monitoring programs, sampling programs,
and surveys related to testing groundwater quality for agricultural purposes. The
bill requires that, when collecting and testing samples under one of these statewide
programs, DATCP must also, at its discretion and where appropriate, test samples
for the presence of PFAS.
Funding for statewide PFAS sampling and testing
The bill also increases SEG funding for DNR by $1,480,000 in fiscal year
2023-24 and $730,000 in fiscal year 2024-25 for statewide PFAS sampling and
testing activities.
Funding for PFAS substance emergency measures
The bill also increases SEG funding for DNR by $900,000 annually for PFAS
emergency measures.
Funding for fire fighting foam collection
The bill also increases SEG funding for DNR by $1,000,000 for the purpose of
collecting and disposing of PFAS-containing fire fighting foam.
Funding for PFAS outreach and awareness
The bill also increases GPR funding for DHS by $500,000 annually for PFAS
outreach and awareness activities.
DNR PFAS positions
The bill authorizes 12.0 additional GPR positions relating to PFAS in DNR and
provides funding for those positions.
DHS PFAS positions
The bill authorizes 4.0 additional GPR positions in DHS for the purpose of
recommending groundwater enforcement standards for PFAS and provides funding
for those positions.
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:
SB1104,1
1Section 1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs-preview.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB1104,2
3Section 2
. 20.370 (4) (ps) of the statutes is amended to read:
SB1104,8,24
20.370
(4) (ps)
Fire
PFAS-containing fire fighting foam. As a continuing
5appropriation, from the environmental fund, the amounts in the schedule for
the
6collection and disposal of PFAS-containing fire fighting foam
collection and for
1providing assistance to local fire departments in replacing fire fighting foam that
2contains PFAS with fire fighting foam that does not contain such substances.
SB1104,3
3Section 3
. 20.370 (6) (af) of the statutes is created to read:
SB1104,8,54
20.370
(6) (af)
Environmental aids - PFAS community grant program. A sum
5sufficient for the PFAS community grant program under s. 292.66.
SB1104,4
6Section
4. 20.370 (6) (cs) of the statutes is created to read:
SB1104,8,97
20.370
(6) (cs)
Environmental aids - assistance for private well owners; PFAS
8fund. As a continuing appropriation, from the PFAS fund, the amounts in the
9schedule for providing financial assistance under s. 281.73.
SB1104,5
10Section 5
. 20.370 (6) (et) of the statutes is created to read:
SB1104,8,1311
20.370
(6) (et)
Environmental aids - county well testing grant program. From
12the PFAS fund, as a continuing appropriation, the amounts in the schedule for the
13county well testing grant program under s. 292.67.
SB1104,6
14Section
6. 92.14 (18) of the statutes is created to read:
SB1104,8,1815
92.14
(18) PFAS monitoring. As part of any statewide monitoring program,
16sampling program, or survey conducted by the department, any samples that are
17collected and tested shall also, at the department's discretion and where appropriate,
18be tested for the presence of any perfluoroalkyl or polyfluoroalkyl substance.
SB1104,7
19Section
7. 160.07 (5) of the statutes is renumbered 160.07 (5) (a) and amended
20to read:
SB1104,9,221
160.07
(5) (a)
Within Except as provided under par. (b), within 9 months after
22transmitting the name of a substance to the department of health services under sub.
23(2), the department of natural resources shall propose rules establishing the
24recommendation of the department of health services as the enforcement standard
1for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or
2227.24 (3).
SB1104,8
3Section
8. 160.07 (5) (b) of the statutes is created to read:
SB1104,9,84
160.07
(5) (b) Within 9 months after transmitting the name of a perfluoroalkyl
5or polyfluoroalkyl substance to the department of health services under sub. (2), the
6department of natural resources shall amend its rules to establish the
7recommendation of the department of health services as the enforcement standard
8for that substance.
SB1104,9
9Section 9
. 160.15 (4) of the statutes is created to read:
SB1104,9,1510
160.15
(4) Notwithstanding sub. (1), if an enforcement standard for a
11perfluoroalkyl or polyfluoroalkyl substance is adopted under s. 160.07 (5) (b), the
12department shall apply a preventive action limit for that substance of 20 percent of
13the concentration established as the enforcement standard, or 10 percent of the
14concentration established as the enforcement standard if the substance has
15carcinogenic, mutagenic, or teratogenic properties or interactive effects.
SB1104,10
16Section
10. 227.135 (6) of the statutes is created to read:
SB1104,9,2117
227.135
(6) This section does not apply to a proposed rule of the department
18of natural resources establishing acceptable levels and standards, performance
19standards, monitoring requirements, and required response actions for any
20perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
21groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,11
22Section
11. 227.136 (8) of the statutes is created to read:
SB1104,9,2523
227.136
(8) This section does not apply to a proposed rule of the department
24of natural resources establishing acceptable levels and standards, performance
25standards, monitoring requirements, and required response actions for any
1perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
2groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,12
3Section
12. 227.137 (5) of the statutes is amended to read:
SB1104,10,94
227.137
(5) This section does not apply to emergency rules promulgated under
5s. 227.24
, or to rules proposed by the department of natural resources establishing
6acceptable levels and standards, performance standards, monitoring requirements,
7and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or
8group or class of such substances in groundwater, drinking water, surface water, air,
9soil, or sediment.
SB1104,13
10Section
13. 227.138 (3) of the statutes is created to read:
SB1104,10,1511
227.138
(3) This section does not apply to a proposed rule of the department
12of natural resources establishing acceptable levels and standards, performance
13standards, monitoring requirements, and required response actions for any
14perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
15groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,14
16Section 14
. 227.139 (5) of the statutes is created to read:
SB1104,10,2117
227.139
(5) This section does not apply to a proposed rule of the department
18of natural resources establishing acceptable levels and standards, performance
19standards, monitoring requirements, and required response actions for any
20perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
21groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,15
22Section
15. 227.19 (7) of the statutes is amended to read:
SB1104,11,323
227.19
(7) Nonapplication. This section does not apply to rules promulgated
24under s. 227.24
, or to rules proposed by the department of natural resources
25establishing acceptable levels and standards, performance standards, monitoring
1requirements, and required response actions for any perfluoroalkyl or
2polyfluoroalkyl substance or group or class of such substances in groundwater,
3drinking water, surface water, air, soil, or sediment.
SB1104,16
4Section
16. 227.26 (5) of the statutes is created to read:
SB1104,11,95
227.26
(5) This section does not apply to a proposed rule of the department of
6natural resources establishing acceptable levels and standards, performance
7standards, monitoring requirements, and required response actions for any
8perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
9groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,17
10Section 17
. 281.17 (8) (c) of the statutes is created to read:
SB1104,11,1411
281.17
(8) (c) 1. The department shall amend its rules to establish the
12department of health services' recommended enforcement standard for any
13perfluoroalkyl or polyfluoroalkyl substance as the maximum contaminant level for
14public water systems and water suppliers.
SB1104,11,1715
2. The department shall require public water systems and water suppliers to
16monitor the substances described under subd. 1. in accordance with the
17requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.
SB1104,11,2218
3. Public water systems and water suppliers shall use, as an interim best
19available technology, granular activated carbon, powdered activated carbon, ion
20exchange resins, nanofiltration, or reverse osmosis to treat the substances described
21under subd. 1. and any other perfluoroalkyl or polyfluoroalkyl substance for which
22the department of health services has recommended an enforcement standard.
SB1104,11,2523
4. Public water systems and water suppliers shall use laboratories certified to
24analyze drinking water to conduct testing under this paragraph, and shall use the
25method detection limit for reporting purposes.
SB1104,12,3
15. This paragraph does not apply to any substance for which the department
2has established a maximum contaminant level in an emergency rule or permanent
3rule.
SB1104,18
4Section 18
. 281.61 (6) of the statutes is amended to read:
SB1104,12,205
281.61
(6) Priority list. The department shall establish a priority list that
6ranks each safe drinking water loan program project. The department shall
7promulgate rules for determining project rankings that, to the extent possible, give
8priority to projects that address the most serious risks to human health, that are
9necessary to ensure compliance with the Safe Drinking Water Act,
42 USC 300f to
10300j-26, and that assist applicants that are most in need on a per household basis,
11according to affordability criteria specified in the rules. For the purpose of ranking
12projects under this subsection, the department shall treat a project to upgrade a
13public water system to provide continuous disinfection of the water that it distributes
14as if the public water system were a surface water system that federal law requires
15to provide continuous disinfection.
For the purpose of ranking projects under this
16subsection, if the department of health services has recommended an enforcement
17standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of
18natural resources shall treat a project relating to that perfluoroalkyl or
19polyfluoroalkyl substance as if a maximum contaminant level for that substance has
20been attained or exceeded.
SB1104,19
21Section
19. 281.73 of the statutes is created to read:
SB1104,12,25
22281.73 Aid for private wells with PFAS contamination. (1) The
23department shall administer a program to provide financial assistance to
24municipalities located in an area where soil is contaminated with a perfluoroalkyl
25or polyfluoroalkyl substance.
SB1104,13,2
1(2) From the appropriation under s. 20.370 (6) (cs), the department shall issue
2to eligible municipalities awards for eligible costs related to any of the following:
SB1104,13,33
(a) Construction of a municipal water system.
SB1104,13,44
(b) Connecting to an existing municipal water system.
SB1104,13,65
(c) Assisting owners of private wells located in the municipality, if appropriate,
6with the cost of installation of filters, remediation, or well replacement.
SB1104,13,11
7(3) The department shall promulgate rules necessary to administer this
8section, including procedures for submission, review, and determination of
9applications for assistance under this section. The rules promulgated under this
10subsection shall give priority to providing assistance to owners of private wells
11contaminated with a perfluoroalkyl or polyfluoroalkyl substance.
SB1104,20
12Section 20
. 281.79 of the statutes is created to read:
SB1104,13,14
13281.79 Negotiations for alternate source of water due to PFAS
14contamination. (1) Definitions. In this section:
SB1104,13,1615
(a) “Municipality” means a city, village, town, county, utility district, lake
16protection district, sewerage district, or municipal airport.
SB1104,13,1717
(b) “Private water supply” has the meaning given in s. 281.77 (1) (a).
SB1104,13,24
18(2) Request for mediator. A municipality that contains private water supplies
19that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and
20that is entitled to obtain an alternate source of water or to connect to a public water
21supply or another private water supply under s. 281.75 or 281.77 may request that
22the department appoint a mediator to assist in negotiations if the alternate source
23of water is to be provided by or the connection is to be made to a water supply located
24within another municipality.
SB1104,14,10
1(3) List of mediators. The department shall maintain a list of competent and
2disinterested mediators qualified to perform the duties under this section. None of
3the mediators may be employees of the department. Upon receiving a request from
4a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3
5mediators from the list and inform the requesting municipality of the persons
6selected. The municipalities and any responsible parties participating in
7negotiation shall choose a mediator and shall notify the department of the person
8selected, upon which the secretary or his or her designee shall appoint the mediator.
9If the parties cannot agree on a mediator, the secretary or his or her designee shall
10appoint a mediator.
SB1104,14,20
11(4) Negotiation. The mediator, immediately upon being appointed, shall
12contact the department, the municipalities, and any participating responsible
13parties and shall schedule negotiating sessions. The mediator shall schedule the
14first negotiating session no later than 20 days after being appointed. The mediator
15may meet with all parties to the negotiation, individual parties, or groups of parties.
16The mediator shall facilitate a discussion between the municipalities and any
17participating responsible parties to attempt to reach an agreement on the provision
18of an alternate source of water to the requesting municipality or the connection to
19a public water supply or another private water supply and the contribution of funds
20by the municipalities and any responsible parties.
SB1104,14,23
21(5) Addition of parties. The mediator shall permit the addition to the
22negotiation, at any time, of any responsible party or any other person who wishes to
23be a party to the negotiated agreement.