The bill requires DNR to establish and enforce various standards for per- and
poly-fluoroalkyl substances (PFAS). The PFAS group of substances includes several
thousand chemicals; two of the most well known are perfluorooctanoic acid (PFOA)
and perfluorooctane sulfonic acid (PFOS).
The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if the department determines that the substance may be harmful to
human health or the environment. These rules must cover, at a minimum, PFOA and
PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), and perfluorobutane sulfonic acid (PFBS).
The bill also requires DNR to establish air emission standards for PFAS to
provide adequate protection for public health and welfare, taking into account
energy, economic, and environmental impacts and other costs related to the emission
source.
Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under the bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, and all other PFAS that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under current law, DHS recommends enforcement
standards for substances on this list, which DNR then proposes as DNR rules in its
rule-making process. Until DNR establishes such rules, the bill requires DNR to
apply any DHS-recommended groundwater enforcement standard for any PFAS as
an interim standard for groundwater and as an interim maximum contaminant level
for drinking water.
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
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.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.
Finally, 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.
PFAS appropriations
The bill creates two new appropriations related to PFAS for the purposes of
sampling and testing public water supplies for PFAS and collecting and disposing of
PFAS-containing fire fighting foam.
PFAS rules
The bill allows DNR to promulgate emergency rules relating to the collection
and disposal of PFAS-containing fire fighting foam.
PFAS municipal grant program
The bill creates a municipal grant program, administered by DNR, to address
PFAS. Under the program, DNR must provide grants to cities, towns, villages,
counties, utility districts, lake protections districts, sewerage districts, and
municipal airports. DNR may award a grant only if the applicant tested or trained
with a PFAS-containing fire fighting foam in accordance with applicable state and
federal law, or if a third party tested or trained with PFAS-containing fire fighting
foam within the boundaries of the municipality; the applicant applied biosolids to
land under a water pollution permit issued by DNR; or PFAS are impacting the
applicant's drinking water supply or surface water or groundwater within the
municipality and the responsible party is unknown or is unwilling or unable to take
the necessary response actions.
Under the bill, grants provided under this program may be used to investigate
potential PFAS impacts in order to reduce or eliminate environmental
contamination; treat or dispose of PFAS-containing fire fighting foam containers;
sample a private water supply within three miles of a site or facility known to contain
PFAS or to have caused a PFAS discharge; provide a temporary emergency water
supply, a water treatment system, or bulk water to replace water contaminated with
PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of,
or remove PFAS contamination; or remove or treat PFAS in public water systems in
areas where PFAS levels exceed the maximum contaminant level for PFAS in
drinking water or an enforcement standard for PFAS groundwater or in areas where
the state has issued a health advisory for PFAS.
An applicant that receives a grant under this program must contribute
matching funds equal to at least 20 percent of the amount of the grant. The applicant
must apply for a grant on a form prescribed by DNR and must include any
information that DNR finds is necessary to determine the eligibility of the project,
identify the funding requested, determine the priority of the project, and calculate
the amount of a grant. In awarding grants under this program, DNR must consider
the applicant's demonstrated commitment to performing and completing eligible
activities, including the applicant's financial commitment and ability to successfully
administer grants; the degree to which the project will have a positive impact on
public health and the environment; and any other criteria that DNR finds necessary
to prioritize the funds available for awarding grants.
Concentrated animal feeding operations
Under current law, a person who operates a concentrated animal feeding
operation (CAFO) must have a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit from DNR. A CAFO is a livestock operation that contains at least
1,000 animal units, that discharges pollutants into a navigable water, or that
contaminates a well. Current law requires a CAFO operator with a WPDES permit
to pay an annual fee of $345 to DNR. The bill increases the amount of this annual
fee to $545. The bill also requires a CAFO operator applying for a new WPDES
permit to pay a $3,270 application fee.
Well compensation grant program
The bill makes changes to the well compensation grant program currently
administered by DNR.
Under current law, an individual owner or renter of a contaminated private well
may apply for a grant from DNR to cover a portion of the costs to treat the water,
reconstruct the well, construct a new well, connect to a public water supply, or fill and
seal the well. To be eligible for a grant, the well owner's or renter's annual family
income may not exceed $65,000. A grant awarded under the program may not cover
any portion of a project's eligible costs in excess of $16,000 and, of those costs, may
not exceed 75 percent of a project's eligible costs, meaning that a grant may not
exceed $12,000. In addition, if the well owner's or renter's annual family income
exceeds $45,000, the amount of the award is reduced by 30 percent of the amount by
which the annual family income exceeds $45,000.
The bill increases the family income limit to $100,000. In addition, under the
bill, a well owner or renter whose family income is below the state's median income
may receive a grant of up to 100 percent of a project's eligible costs, not to exceed
$16,000. The bill also eliminates the requirement to reduce an award by 30 percent
if the well owner's or renter's family income exceeds $45,000.
Under current law, a well that is contaminated only by nitrates is eligible for
a grant only if the well is a water supply for livestock, is used at least three months
in each year, and contains nitrates in excess of 40 parts per million. The bill
eliminates these restrictions for claims based on nitrates, and instead allows grants
to be issued for wells based on contamination by at least 10 parts per million of
nitrate nitrogen. The bill also allows grants to be issued for wells contaminated by
at least 10 parts per billion of arsenic.
Under current law, DNR must issue grants in the order in which completed
claims are received. Under the bill, if there are insufficient funds to pay claims, DNR
may, for claims based on nitrate contamination, prioritize claims that are based on
higher levels of nitrate contamination.
Lead service line replacement
Under current law, DOA and DNR administer the Safe Drinking Water Loan
Program (SDWLP), which provides financial assistance from the environmental
improvement program to municipalities, and to the private owners of community
water systems that serve municipalities, for projects that will help the municipality
comply with federal drinking water standards. DNR establishes a funding list for
SDWLP projects and DOA allocates funding for those projects.
The bill creates a general fund appropriation under the environmental
improvement program for projects involving forgivable loans to private users of
public water systems to cover not more than 50 percent of the cost to replace lead
service lines.
Well construction notification fee
Under current law, no person may construct a high capacity well, which is a well
with a capacity of more than 100,000 gallons per day, without prior approval of DNR
and payment of a $500 fee. Prior to construction of a well that is not a high-capacity
well, the owner of the property where the well is to be constructed must notify DNR
and pay a fee of $50. The bill increases the notification fee to $70.
Well construction variances application fee