281.94 Investigation of alleged water withdrawal violations.
(1) Any 6 or more residents of this state may petition for an investigation of a withdrawal alleged to be in violation of s. 281.35, 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.
(2) Upon receipt of a petition, the department shall do one of the following:
(a) If the department determines that the allegations are true, order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction.
(b) Conduct a contested case hearing on the allegations of the petition. Within 60 days after the hearing, the department shall either dismiss the petition or notify the alleged violator of its finding that the allegations are true and order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction.
(d) If the department determines that the allegations are untrue or that the petition was filed maliciously or in bad faith, dismiss the petition without holding a hearing.
(3) Any person who maliciously or in bad faith files a petition under sub. (1) is liable for attorney fees and damages or other appropriate relief to the person that is the subject of the petition.
History: 1985 a. 60; 1995 a. 227 s. 827; Stats. 1995 s. 281.94; 2007 a. 227.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 281 - Water and sewage.
281.11 - Statement of policy and purpose.
281.12 - General department powers and duties.
281.13 - Surveys and research.
281.14 - Wisconsin River monitoring and study.
281.145 - River and stream monitoring and study.
281.15 - Water quality standards.
281.16 - Water quality protection; nonpoint sources.
281.165 - Compliance with water quality standards for wetlands.
281.17 - Water quality and quantity; specific regulations.
281.20 - Orders; nonpoint source pollution.
281.31 - Navigable waters protection law.
281.33 - Construction site erosion control and storm water management.
281.34 - Groundwater withdrawals.
281.343 - Great Lakes — St. Lawrence River Basin Water Resources Compact.
281.344 - Water conservation, reporting, and supply regulation; when compact is not in effect.
281.346 - Water conservation, reporting, and supply regulation; after the compact takes effect.
281.348 - Water supply service area plans for public water supply systems.
281.35 - Water resources conservation and management.
281.36 - Permits for discharges into wetlands; mitigation.
281.37 - Wetland mitigation grant program.
281.43 - Joint sewerage systems.
281.47 - Sewage drains; sewage discharge into certain lakes.
281.49 - Disposal of septage in municipal sewage systems.
281.51 - Financial assistance program; local water quality planning.
281.53 - Municipal clean drinking water grants.
281.55 - Financial assistance program.
281.56 - Financial assistance program; sewerage systems.
281.57 - Financial assistance program; point source pollution abatement.
281.58 - Clean water fund program; financial assistance.
281.59 - Environmental improvement fund; financial management.
281.60 - Land recycling loan program.
281.61 - Safe drinking water loan program.
281.62 - Other drinking water quality activities.
281.625 - Drinking water loan guarantee program.
281.63 - Financial assistance program; combined sewer overflow abatement.
281.65 - Financial assistance; nonpoint source water pollution abatement.
281.66 - Urban nonpoint source water pollution abatement and storm water management program.
281.665 - Municipal flood control and riparian restoration program.
281.68 - Lake management planning grants and lake monitoring and protection contracts.
281.69 - Lake management and classification grants and contracts.
281.695 - Aids to municipalities for prevention and abatement of water pollution.
281.70 - River protection grants.
281.71 - Lake management project grants; river protection grants; purchases.
281.72 - River protection; contracts with nonprofit organizations.
281.75 - Compensation for well contamination and abandonment.
281.77 - Damage to water supplies.
281.83 - Remedial action in the Great Lakes and their tributaries.
281.85 - Great Lakes protection fund share.
281.87 - Great Lakes contaminated sediment removal.
281.91 - State agency personnel to report water pollution.
281.93 - Hearings on certain water use actions.
281.94 - Investigation of alleged water withdrawal violations.
281.95 - Remedies; water withdrawal violations.
281.96 - Visitorial powers of department.
281.99 - Administrative forfeitures for safe drinking water violations.