2011 Wisconsin Act 32

32,2977n Section 2977n. 287.11 (4) of the statutes is repealed.

32,2977p Section 2977p. 287.17 (1) (np) of the statutes is amended to read:

287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, or a private school participating in the program under s. 119.23.

32,2980b Section 2980b. 287.23 (1) (c) of the statutes is repealed.

32,2980c Section 2980c. 287.23 (1m) of the statutes is repealed.

32,2980d Section 2980d. 287.23 (3) (a) of the statutes is repealed.

32,2980f Section 2980f. 287.23 (3) (ac) of the statutes is repealed.

32,2980h Section 2980h. 287.23 (5) of the statutes is repealed.

32,2980j Section 2980j. 287.23 (5e) of the statutes is repealed.

32,2980L Section 2980L. 287.23 (5m) of the statutes is repealed.

32,2980n Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:

287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5) or (5m) (5b).

(b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5) or (5m) (5b).

(c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5) or (5m) (5b).

32,2980p Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and amended to read:

287.23 (6) Disbursement. Except as provided in par. (b), the The department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.

32,2980r Section 2980r. 287.23 (6) (b) of the statutes is repealed.

32,2981 Section 2981. 287.235 of the statutes is repealed.

32,2981g Section 2981g. 287.24 of the statutes is created to read:

287.24 Recycling consolidation grants. (1) In this section, "population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under s. 16.96.

(2) The department shall make a grant from the appropriation account under s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s. 287.11 to have an effective recycling program if any of the following applies:

(a) The responsible unit is a county.

(b) The responsible unit is a federally recognized Indian tribe or band.

(c) The responsible unit has a population of 25,000 or more and consists of one or more municipalities.

(d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the following applies:

1. By October 1 in the year preceding the year for which the grant is made, the responsible unit consists of what had been at least 2 responsible units.

2. By October 1 in the year preceding the year for which the grant is made, the responsible unit enters into a cooperative agreement with another responsible unit for the joint provision of at least one of the following elements of an effective recycling program:

a. Performing comprehensive program planning.

b. Collecting and transporting recyclable materials.

c. Sorting recyclable materials at a materials recovery facility.

d. Developing and distributing educational materials relating to waste reduction, reuse, and recycling.

e. Carrying out a program of technical assistance to businesses and owners and occupants of multifamily dwellings to increase the availability and convenience of recycling.

f. Any other program element approved by the department.

(3) Subject to sub. (4), the department shall determine the amount of a grant to a responsible unit under this section as follows:

(a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total population of the responsible units eligible under sub. (2).

(b) Multiply the amount determined under par. (a) by the population of the responsible unit.

(4) A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b).

32,2982 Section 2982. 287.25 of the statutes is repealed.

32,2983 Section 2983. 287.26 of the statutes is repealed.

32,2984 Section 2984. 287.31 (6) of the statutes is amended to read:

287.31 (6) Use of revenues. The newspaper recycling fees collected under sub. (5) shall be deposited in the recycling and renewable energy environmental fund under s. 25.49.

32,2984n Section 2984n. 289.63 (6) (title) of the statutes is amended to read:

289.63 (6) (title) Exemption from groundwater and well compensation fees; for certain materials used in operation of the facility.

32,2984p Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).

32,2984r Section 2984r. 289.63 (6) (b) of the statutes is created to read:

289.63 (6) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the groundwater and well compensation fees imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials resulting from the natural disaster were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2984t Section 2984t. 289.64 (4) (title) of the statutes is amended to read:

289.64 (4) (title) Exemption from solid waste facility siting board fee; for certain materials used in operation of the facility.

32,2984v Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).

32,2984x Section 2984x. 289.64 (4) (b) of the statutes is created to read:

289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the solid waste facility siting board fee imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2984z Section 2984z. 289.645 (4) (f) of the statutes is created to read:

289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the recycling fee imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2985b Section 2985b. 289.645 (6) of the statutes is amended to read:

289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling and renewable energy environmental fund.

32,2985f Section 2985f. 289.67 (1) (a) of the statutes is amended to read:

289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

32,2985g Section 2985g. 289.67 (1) (fm) of the statutes is created to read:

289.67 (1) (fm) Exemption from environmental repair fee; certain materials resulting from natural disasters. 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the environmental repair fee imposed under par. (a) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2986 Section 2986. 292.11 (2) (e) of the statutes is amended to read:

292.11 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of commerce safety and professional services.

32,2987 Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.13 238.13 (1) (a).

32,2988 Section 2988. 292.12 (1) (a) of the statutes is amended to read:

292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

32,2989 Section 2989. 292.255 of the statutes is amended to read:

292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 238.13 (1) (a).

32,2990 Section 2990. 292.33 (6) of the statutes is amended to read:

292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce safety and professional services, or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.