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Show Wisconsin 799 Orders of the department are subject to both administrative and judicial review, and violations carry criminal sanctions.18 Since December 31, 1965, the sale and use of nondegradable detergents containing alkyl benezene sulfonate have been prohibited in the State.19 The department has jurisdiction to review and approve local solid waste disposal programs.20 Departmental orders directed at pollution control are enforced by the attorney general and violations are deemed to constitute a public nuisance.21 It is interesting to note that complaints of environmental pollution may be made to the department by six or more citizens on a verified complaint.22 Detailed provisions govern procedures for hearings on such matters. Industries are required to report to the department any increase in industrial wastes discharged into surface waters of the State, any new waste in such waters, or any alterations in existing outlets or installation of new outlets for industrial wastes.23 The department of natural resources also administers the State's air pollution control program, and. under the Navigable Waters Pro- tection Law, it administers a program which requires municipalities to adopt shoreland zoning on navigable waters in order to prevent pollution.24 The act, drafted by Professor Beuscher,25 has encountered difficult administrative problems.26 B. OTHER ENTITIES AND FUNCTIONS There are, of course, numerous State agencies which may inci- dentally perform some functions relating to water resources. The office of the attorney general represents the various State agencies, including the department of natural resources., in court litigation. One assistant atorney general is designated to act as "public inter- venor" and receives notices of all proceedings in connection with navigable waters of the State (chapters 30 and 31 of the statutes) and pollution control (chapter 144). The natural resources council of State agencies is, for budgetary, program coordination, and management purposes, now attached to the department of natural resources. It is charged with "providing a method of collecting, analyzing, and interpreting information and making recommendations to the several State agencies on matters 18 With respect to review of orders, administrative and judicial review is authorized by sec. 144.10. The procedure to be followed in obtaining administrative review is con- tained in sec. 144.56, and judicial review procedures are in accordance with the rules of procedure in civil actions. See Town of Norway v. State Board of Health, 32 Wis. 2d 362, 145 N.W. 2d 790 (1966). Penalties are provided in sec. 144.57. i» Sec. 144.14. 20 Sees. 144.43-144.437. 144.44-144.46. 21 Sec. 144.536. Recently the supreme court has held that the attorney general may institute a suit to abate environmental pollution as a public nuisance and that exclu- sive jurisdiction does not lie with the department of natural resources. State v. Dairy- land Power Coop., 52 Wis. 2d 45, 187 N.W. 2d 878 (1971), 1972 Wis. L. Rev. 934. 22 Sec. 144.537. 23 Sees. 144.55, 144.56; see also sec. 144.54. See S. Plager, Some Observations of the Law of Water Allocation as a Variable in Industrial Site Location, 1968 Wis. L. Rev. 673. Industries investing in pollution control facilities may write off the full cost in the year of disbursement for tax purposes, section 7104(2b). 24 Air pollution controls are set forth in sees. 144.30-144.42 and shoreland zoning of navigable waters is provided for in sec. 144.26. Shoreland zoning was held to be con- stitutional in Just v. Marinette Count}/, 56 Wis. 2d 7, 201 N.W. 2d 761 (1972). 25 See G. Nelson, In Memoriam, 1967 Wis. L. Rev. 799, 800. 20 See D. Wood, Wisconsin's Statewide Requirements for Shorelands and Flood Plain Zoning, 10 Nat. Res. J. 327 (1970). |
