227,1001
Section 1001
. 348.27 (12) of the statutes is amended to read:
348.27 (12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 144.01 (4) 289.01 (9), or refuse, as defined in s. 144.43 (4), in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, “refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth an products thereof, litter and street rubbish, ahses, and lumber, concrete and other debris resulting from the construction or demolition of structures.
227,1002
Section 1002
. 443.14 (10) and (11) of the statutes are amended to read:
443.14 (10) Any person employed by a county or this state who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65 and who is certified under s. 92.18.
(11) Any land surveyor registered under s. 443.06 who is engaged in the planning, design, installation or regulation of soil and water conservation activities under ch. 92 or s. 144.25 281.65.
227,1003
Section 1003
. 443.14 (12m) of the statutes is amended to read:
443.14 (12m) A well driller, as defined in s.
162.02 280.01 (7), who is engaged in well drilling, as defined in s. 162.02 280.01 (8).
227,1004
Section 1004
. 560.03 (9) of the statutes is amended to read:
560.03 (9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in s. 144.36 285.79 (1), in connection with the implementation of the federal clean air act, 42 USC 7401 to 7671q.
227,1005
Section 1005
. 560.11 (1) (a) of the statutes is amended to read:
560.11 (1) (a) Advise the department of natural resources concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79, difficulties encountered by small business stationary sources, as defined in s. 144.36 285.79 (1), in complying with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 and the degree and severity of enforcement of ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 against small business stationary sources.
227,1006
Section 1006
. 560.11 (1) (c) of the statutes is amended to read:
560.11 (1) (c) Review information to be provided to small business stationary sources in connection with ss. 144.30 to 144.426 and 144.96 s. 299.15 and ch. 285 to ensure that the information can be understood by persons without technical training.
227,1007
Section 1007
. 560.11 (2) of the statutes is amended to read:
560.11 (2) The employes of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employes of the department of natural resources who staff the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).
227,1008
Section 1008
. 560.12 (1) (ae) of the statutes is amended to read:
560.12 (1) (ae) “Recyclable material" means a material identified in s. 159.07 287.07 (3) or (4) that is recovered from solid waste.
227,1009
Section 1009
. 560.19 (1) (b) of the statutes is amended to read:
560.19 (1) (b) “Hazardous pollution prevention" has the meaning given in s. 144.955 299.13 (1) (c).
227,1010
Section 1010
. 560.19 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
560.19 (4) (d) 2. The program under s. 144.955 299.13.
227,1011
Section 1011
. 560.65 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (a) “Air pollution" has the meaning given in s. 144.01 (1) 285.01 (3).
227,1012
Section 1012
. 560.65 (1) (ag) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (ag) “Industrial waste" has the meaning given in s. 144.01 281.01 (5).
227,1013
Section 1013
. 560.65 (1) (ar) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (ar) “Nonattainment area" has the meaning given in s. 144.30 (21) 285.01 (30).
227,1014
Section 1014
. 560.65 (1) (b) of the statutes is amended to read:
560.65 (1) (b) “Postconsumer waste" has the meaning given in s. 159.01 287.01 (7).
227,1015
Section 1015
. 560.65 (1) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (c) “Stationary source" has the meaning given in s. 144.30 (23) 285.01 (41).
227,1016
Section 1016
. 560.65 (1) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (d) “Volatile organic compound" has the meaning given in s. 144.30 (24) 285.01 (42).
227,1017
Section 1017
. 560.65 (1) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (e) “Volatile organic compound accommodation area" has the meaning given in s. 144.30 (25) 285.01 (43).
227,1018
Section 1018
. 560.65 (1) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1) (f) “Waters of the state" has the meaning given in s. 144.01 (19) 281.01 (18).
227,1019
Section 1019
. 560.65 (1m) (a) 3. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1m) (a) 3. b. To control or treat industrial wastes or air pollution but not other wastes, as defined in s. 144.01 (8) 281.01 (7).
227,1020
Section 1020
. 560.65 (1m) (a) 3. e. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.65 (1m) (a) 3. e. To comply with the air pollution control requirements of ss. 144.30 to 144.403
285.01 to 285.29, 285.33 to 285.53, 285.60 to 285.71, 285.75, 285.79 and 285.81, of a local air pollution control program under s. 144.41 285.73 or of the federal clean air act, 42 USC 7401 to 7671q.
227,1021
Section 1021
. 560.65 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
560.65 (4) (a) If the project is for the production of a product made from one or more materials recovered from postconsumer waste, whether the production is consistent with the priorities established under s. 159.42 287.42 (5) for the development of markets for materials recovered from solid waste that are in effect on January 1 of the year in which the applicant submits a complete application for a grant or loan under this section to the department.
227,1022
Section 1022
. 560.797 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
560.797 (1) (a) “Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).
227,1023
Section 1023
. 560.835 (1) (a) of the statutes is amended to read:
560.835 (1) (a) The production of a product made from one or more materials recovered from postconsumer waste, as defined in s. 159.01 287.01 (7).
227,1024
Section 1024
. 560.835 (1) (c) of the statutes is amended to read:
560.835 (1) (c) The development and operation of a facility to process materials recovered from a solid waste management program that complies with s. 159.07 287.07 (1m), (3) or (4) or the development and operation of a solid waste collection business if the solid waste collected is used in the production of a product.
227,1025
Section 1025
. 703.16 (6) (e) of the statutes is amended to read:
703.16 (6) (e) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.
227,1026
Section 1026
. 706.01 (9) of the statutes is amended to read:
706.01 (9) “Mining company" means any person or agent of a person who has a prospecting or mining permit under s. 144.84 293.45 or
144.85 293.49.
227,1027
Section 1027
. 706.11 (1) (intro.) of the statutes is amended to read:
706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. 144.442 (9) ss. 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81:
227,1028
Section 1028
. 707.37 (4) (d) of the statutes is amended to read:
707.37 (4) (d) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.47 292.41 (6) (d) or 292.81.
227,1029
Section 1029
. 779.01 (4) of the statutes is amended to read:
779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i), 144.76 (13), 144.76 (6) (d), 215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.
227,1030
Section 1030
. 779.35 of the statutes is amended to read:
779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 144.442 (9)
292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, subject to the exceptions and limitations hereinafter set forth.
227,1031
Section 1031
. 779.40 (1) of the statutes is amended to read:
779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.76 292.41 (6) (d) and 292.81.
227,1032
Section 1032
. 814.60 (2) (cs) of the statutes is amended to read:
814.60 (2) (cs) Environmental assessment imposed by s. 144.992 299.93.
227,1033
Section 1033
. 814.63 (3) (bs) of the statutes is amended to read:
814.63 (3) (bs) Environmental assessment imposed by s. 144.992 299.93.
227,1034
Section 1034
. 823.085 (1) of the statutes is amended to read:
823.085 (1) In this section, “solid waste facility" has the meaning given in s. 144.43 (5) 289.01 (35).
227,1035
Section 1035
. 823.085 (2) (intro.) of the statutes is amended to read:
823.085 (2) (intro.) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 144.44 (4) (a) 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 144.435 289.05 (1) that apply to the facility, then all of the following apply:
227,1036
Section 1036
. 823.115 (1) of the statutes is amended to read:
823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.
227,1037
Section 1037
. 895.46 (6) of the statutes is amended to read:
895.46 (6) The protection afforded by this section applies to any criminal action under s. 144.74 (2) or 144.93 (2) or under 7 USC 136L (b), 15 USC 2616 (b), 33 USC 1319 (c), 42 USC 2284, 6928 (d) and (e), 6973 (b), 6992 (b) and (c), 7413 (c), 9603 (b), 9606 (b) and 11045 (b) or 49 USC appendix 1809 (b) that is commenced against a state officer or state employe who is proceeded against in his or her official capacity or as an individual because of acts committed in the storage, transportation, treatment or disposal of hazardous substances, as defined in s. 144.01 (4m) 289.01 (11), if that officer or employe is found to be acting within the scope of his or her employment and if the attorney general determines that the state officer or state employe acted in good faith. Regardless of the determination made by the attorney general, the protection afforded by this section applies if the state officer or agent is not found guilty of the criminal action commenced under this subsection. This protection includes the payment of reasonable attorney fees in defending the action and costs or fines arising out of the action.
227,1038
Section 1038
. 895.48 (2) (a) 1. of the statutes is amended to read:
895.48 (2) (a) 1. “Discharge" has the meaning given under s. 144.76 (1) (a) 292.01 (3).
227,1039
Section 1039
. 895.48 (2) (a) 2. of the statutes is amended to read:
895.48 (2) (a) 2. “Hazardous substance" has the meaning given under s. 144.01 (4m) 299.01 (6).
227,1040
Section 1040
. 895.48 (2) (c) 2. of the statutes is amended to read:
895.48 (2) (c) 2. Who would be liable for the discharge under ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48, or any rule promulgated or permit or order issued under ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48;
227,1041
Section 1041
. 895.52 (1) (f) of the statutes is amended to read:
895.52 (1) (f) “Property" means real property and buildings, structures and improvements thereon, and the waters of the state, as defined under s. 144.01 (19) 281.01 (18).
227,1042
Section 1042
. 904.085 (2) (a) of the statutes is amended to read:
904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, negotiation under s. 144.445 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. “Mediation" does not include binding arbitration or appraisal.
227,1043
Section 1043
. 946.13 (2) (g) of the statutes is amended to read:
946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employes for wildlife damage claims or abatement under s. 29.598, for farmland preservation under ss. 71.09 (11) and 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 144.25
281.65.
227,1044
Section 1044
. 946.13 (9) of the statutes is amended to read:
