Wisconsin Code § 281.19

Orders
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(1) The department may issue general orders, and adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available systems, methods and means for preventing and abating pollution of the waters of the state. Such general orders and rules
shall be issued only after an opportunity to be heard thereon has
been afforded to interested parties.
(2) (a) The department may issue special orders directing
particular owners to remedy violations of the safe drinking water
program under s. 281.17 (8) and (9) or to secure such operating
results toward the control of pollution of the waters of the state as
the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as it prescribes. If any
owner cannot comply with an order within the time specified, the
owner may, before the date set in the order, petition the department to modify the order. The department may modify the order,
specifying in writing the reasons therefor. If any order is not
complied with within the time period specified, the department
shall immediately notify the attorney general of this fact. After
receiving the notice, the attorney general shall commence an action under s. 299.95.
(b) The department may issue temporary emergency orders
without prior hearing when the department determines that the
protection of the public health necessitates such immediate action. Such emergency orders shall take effect at such time as the
department determines. As soon as is practicable, the department shall hold a public hearing after which it may modify or rescind the temporary emergency order or issue a special order under par. (a).
(3) The department shall make investigations and inspections
to insure compliance with any general or special order or rule
which it issues. In the exercise of this power the department may
require the submission and approval of plans for the installation
of systems and devices for handling, treating or disposing of any
wastes.
(4) The department may, under s. 254.59, order or cause the
abatement of any nuisance affecting the waters of the state.
(5) If the department finds that a system or plant tends to create a nuisance or menace to health or comfort, it shall order the
owner or the person in charge to secure such operating results as
the department prescribes, within a specified time. If the order is
not complied with, the department may order designated changes
in operation, and if necessary, alterations or extension to the system or plant, or a new system or plant. If the department finds
that the absence of a municipal system or plant tends to create a
nuisance or menace to health or comfort, it may order the city,
village, town or town sanitary district embracing the area where
such conditions exist to prepare and file complete plans of a cor-

rective system as provided by s. 281.41, and to construct such system within a specified time.
(6) Orders issued by the department shall be signed by the
person designated by the board.
(7) In cases of noncompliance with any order issued under
sub. (2) or (5) or s. 281.20 (1), the department may take the action
directed by the order, and collect the costs thereof from the owner
to whom the order was directed. The department shall have all
the necessary powers needed to carry out this subsection including powers granted municipalities under ss. 66.0821 and 200.01
to 200.15. It shall also be eligible for financial assistance under
ss. 281.55, 281.57, 281.58 and 281.59.
(8) Any owner or other person in interest may secure a review
of the necessity for and reasonableness of any order of the department under this section or s. 281.20 in the following manner:
(a) They shall first file with the department a verified petition
setting forth specifically the modification or change desired in
such order. Such petition must be filed within 60 days of the issuance of the orders sought to be reviewed. Upon receipt of such
a petition the department shall order a public hearing thereon and
make such further investigations as it shall deem advisable.
Pending such review and hearing, the department may suspend
such orders under terms and conditions to be fixed by the department on application of any such petitioner. The department shall
affirm, repeal or change the order in question within 60 days after
the close of the hearing on the petition.
(b) The determination of the department shall be subject to review as provided in ch. 227.

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