1995 Wisconsin Act 227

289.53 (1) Definitions. (intro.) As used in In this subsection section:

(b) “PCBs" has the meaning specified under s. 144.79 299.45 (1).

(c) “PCB waste" means any product containing PCBs, as defined under s. 144.79 299.45 (1) (c), which is subject to regulation under s. 144.79 299.45 after the product becomes a solid waste. This term also means any material which is contaminated by the discharge, as defined under s. 144.76 (1) (a) 292.01 (3), of a substance containing PCBs subject to regulation under s. 144.76 292.11.

(2) Feasibility report and related provisions. Except as provided under par. (f) sub. (6), no person may establish or construct a commercial PCB waste storage or treatment facility unless the person complies with the requirement under subs. (2) to (2r) ss. 289.23 to 289.29 in the same manner as if the facility were a solid waste disposal facility including each of the following:

(a) Submitting a feasibility report under sub. (2) (a) s. 289.23 (1) to determine whether the site has potential for use in establishing a PCB waste storage or treatment facility.

(b) Complying with requirements for the preparation and contents of a feasibility report under sub. (2) (f) s. 289.24 (1) including any special requirements for PCB waste storage or treatment facilities.

(c) Following the notice, hearing, procedure and other requirements under subs. (2) to (2r) ss. 289.23 to 289.29 including any environmental impact requirements.

(3) Plan of operation and related provisions. Except as provided under par. (f) sub. (6), no person may establish, construct or operate a commercial PCB waste storage or treatment facility unless the person complies with the requirements under sub. (3) s. 289.30 as if the facility were a solid waste disposal facility including all of the following:

(a) Submitting a plan of operation which complies with requirements for preparation and contents specified under sub. (3) (b) s. 289.30 (4) including any special requirements for PCB waste storage or treatment facilities except the department may waive any requirement for proof of financial responsibility for long-term care.

(b) Constructing the facility in accordance with an approved plan of operation as required under sub. (3) (d) s. 289.30 (8).

(c) Operating the facility in accordance with the approved plan of operation subject to the sanctions under sub. (3) (e) s. 289.30 (9).

(4) Financial responsibility requirements. Except as provided under par. (f) sub. (6), no person may establish or construct a commercial PCB waste storage or treatment facility unless the person complies with s. 144.443 289.41.

(5) License requirement. Except as provided under par. (f) sub. (6), no person may operate a commercial PCB waste storage or treatment facility unless the person obtains an operating license under sub. (4) s. 289.31.

(6) Exceptions. The department may exempt a person establishing, constructing or operating certain categories of facilities which store or treat PCB waste or which store or treat certain types, amounts or concentrations of PCB waste from the provisions of this subsection section.

(7) Applicability. The subsection This section applies to any facility which is not otherwise subject to this section ss. 289.21 to 289.32.

227,583 Section 583 . 144.44 (10) of the statutes is renumbered 289.61, and 289.61 (title) and (2), as renumbered, are amended to read:

289.61 (title) Licenses License and review fees.

(2) Solid waste license and review activities consist of reviewing feasibility reports, plans of operation, closure plans and license applications, issuing determinations of feasibility, plan of operation approvals and operating licenses, inspecting construction projects and taking other actions in administering this section ss. 289.21 to 289.32, 289.43, 289.47, 289.53 and 289.95.

227,584 Section 584 . 144.441 (title) and (1) (intro.) of the statutes are repealed.

227,585 Section 585 . 144.441 (1) (a), (b) and (c) of the statutes are renumbered 289.01 (3), (4) and (24), and 289.01 (3) and (4), as renumbered, are amended to read:

289.01 (3) “Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s. 144.44 (3) 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 144.44 (3) 289.30.

(4) “Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 144.81 (8) 293.01 (12), used for the disposal of waste resulting from mining, as defined under s. 144.81 (5) 293.01 (9), or prospecting, as defined under s. 144.81 (12) 293.01 (18).

227,586 Section 586 . 144.441 (1m) (title) of the statutes is repealed.

227,587 Section 587. 144.441 (1m) of the statutes is renumbered 289.05 (3) and amended to read:

289.05 (3) The department shall prescribe by rule minimum standards for closing, long-term care and termination of solid waste disposal facilities or hazardous waste facilities. The standards and any additional facility-specific requirements designated by the department shall be incorporated into the plan of operation prepared under s. 144.44 (3) 289.30. The long-term care provisions in an approved plan of operation may be modified under s. 144.44 (3) (d) 1. c. or 2. 289.30 (8) (a) 3. or (b).

227,588 Section 588 . 144.441 (2) of the statutes is renumbered 289.41 (1m), and 289.41 (1m) (b) 1. to 3. and (c), as renumbered, are amended to read:

289.41 (1m) (b) 1. Except as provided in subd. 2., the owner of an approved facility shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the approved facility and for 40 years after the closing of the approved facility unless the obligation is extended under par. (f).

2. The owner of an approved facility which ceased to accept solid waste and permanently terminated disposal operations before August 15, 1991, shall maintain proof of financial responsibility as provided in s. 144.443 this section for the period specified in the approved plan of operation.

3. Except as provided in subd. 4., the owner of a nonapproved facility that receives or has received household waste shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the nonapproved facility and for 40 years after the closing of the nonapproved facility unless the obligation is extended under par. (f).

(c) Long-term care responsibility for approved facilities. Notwithstanding s. 144.441 (2) (c) 1., 1989 stats., the owner's responsibility for the long-term care of an approved facility does not terminate, except that if another person acquires the rights of ownership and is issued under s. 144.444 289.46 (1) a new operating license for the approved facility, the owner's responsibility is transferred to that other person upon the issuance of the new operating license.

227,589 Section 589 . 144.441 (3) and (4) of the statutes are renumbered 289.62 (1) and (2), and 289.62 (1) (f), as renumbered, is amended to read:

289.62 (1) (f) Reduction of or exemption from tonnage fees. The total annual tonnage fees for all solid waste received by a nonapproved facility shall be reduced by the amount of the base fee under s. 144.442 (2) 289.67 (3) for that facility. If the base fee for a nonapproved facility under s. 144.442 (2) 289.67 (3) is greater than the annual tonnage fee imposed under par. (a) for that facility, the solid or hazardous waste received by the facility is exempt from the tonnage fee for that year. The department shall establish methods by rule for estimating the total annual tonnages for all solid and hazardous wastes received by a nonapproved facility. If an estimate reveals that total annual tonnage fees for a nonapproved facility for a certain year are unlikely to exceed the base fee under s. 144.442 (2) 289.67 (3) for that year, the department shall grant an exemption under this paragraph without requiring the calculation of the actual total tonnage fees.

227,590 Section 590 . 144.441 (6) of the statutes is renumbered 289.68 and amended to read:

289.68 Payments from the waste management fund and related payments. (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under pars. (d) to (h) subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (dq) for the purposes specified under pars. (d) and (g) subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (dt) for the purposes specified under par. (f) sub. (4). The department may expend moneys appropriated under s. 20.370 (2) (dy) and (dz) for the purposes specified under par. (h) sub. (6).

(2) Payments from the investment and local impact fund. The department may expend moneys received from the investment and local impact fund only for the purposes specified under par. (d) sub. (3), only for approved mining facilities and only if moneys in the waste management fund are insufficient to make complete payments. The amount expended by the department under this paragraph subsection may not exceed the balance in the waste management fund at the beginning of that fiscal year or 50% of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

(3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 144.44 (3) (c) 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under sub. (2) s. 289.41 (1m) (b) or (f) as authorized under s. 144.443 289.41 (11) (b) 2.

(4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 144.443 289.41 (11) (b) 1.

(5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (2) (dq) for the payment of costs associated with imminent hazards as authorized under s. 144.443 289.41 (11) (c) and (cm).

(6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (2) (dy) and (dz) for the payment of costs of corrective action under s. 144.443 289.41 (11) (bm).

227,591 Section 591 . 144.441 (6m) of the statutes is renumbered 289.68 (7).

227,592 Section 592 . 144.441 (7) of the statutes is renumbered 289.63, and 289.63 (1), (3) (intro.), (a), (b), (c) (intro.) and (d) and (4) to (9), as renumbered, are amended to read:

289.63 (1) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under par. (f) sub. (6), a generator of solid or hazardous waste shall pay separate groundwater, solid waste capacity and well compensation fees 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 groundwater, solid waste capacity and well compensation fees 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 groundwater, solid waste capacity and well compensation fees under this paragraph subsection 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 sub. (3) s. 289.62 (1).

(3) Amount of groundwater, solid waste capacity and well compensation fees. (intro.) The fees imposed under this subsection section are as follows:

(a) Except as provided in par. (d) sub. (4), the groundwater fee imposed under par. (a) sub. (1) is 10 cents per ton for solid waste or hazardous waste.

(b) The well compensation fee imposed under par. (a) sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent per ton.

(c) (intro.) In this subdivision paragraph, “solid waste disposal and incineration capacity" means the sum of the total capacity remaining at the beginning of a calendar year in all existing municipal waste landfills and the total solid waste incineration capacity of all existing incinerators during the expected life of the incinerators. The solid waste capacity fee imposed under par. (a) sub. (1) for solid waste disposed of after January 1, 1995, excluding hazardous waste and excluding solid waste generated in this state, shall be determined by the department at the beginning of each calendar year based on a comparison of the solid waste disposal and incineration capacity in this state and in the state in which the solid waste is generated. Except as provided in subd. 4. par. (d), the solid waste capacity fee is as follows:

(d) If the solid waste capacity fee for solid waste generated in any state remains at the same level or increases in 2 consecutive calendar years, the fee under subd. 3. par. (c) is doubled. The fee shall remain doubled until solid waste generated in that state qualifies for a lower fee under subd. 3. par. (c).

(4) Amount of groundwater fee; prospecting or mining waste. The groundwater fee imposed under par. (a) sub. (1) is one cent per ton for prospecting or mining waste, including tailing solids, sludge or waste rock.

(5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under par. (b) sub. (2) are in addition to the tonnage fee imposed under sub. (3) s. 289.62 (1), the environmental repair base fee imposed under s. 144.442 (2) 289.67 (3) and the environmental repair surcharge imposed under s. 144.442 (3) 289.67 (4).

(6) Exemption from groundwater, solid waste capacity and well compensation fees; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the groundwater, solid waste capacity and well compensation fees imposed under par. (a) sub. (1), except that foundry sands or shredder fluff approved for use under s. 144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.

(7) Reporting period. The reporting period under this subsection section is the same as the reporting period under sub. (3) s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility shall pay groundwater, solid waste capacity and well compensation fees required to be collected under par. (b) sub. (2) at the same time as any tonnage fees under sub. (3) s. 289.62 (1) are paid.

(8) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under par. (b) sub. (2) shall be credited to the environmental fund for groundwater management. The well compensation and solid waste capacity fees collected under par. (b) sub. (2) shall be credited to the environmental fund for environmental repair.

(9) Failure to pay groundwater, solid waste capacity and well compensation fees. (a) If a person required under par. (a) sub. (1) to pay groundwater, solid waste capacity and well compensation fees to a licensed solid or hazardous waste disposal facility fails to pay the fees, the owner or operator of the licensed solid or hazardous waste disposal facility shall submit to the department with the payment required under par. (b) sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with par. (a) sub. (1).

(b) If the person named in the affidavit under subd. 1. par. (a) is a generator or a person who arranges for collection or disposal services on behalf of one or more generators and the person holds a license for the collection and transportation of solid or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fees as required under par. (a) sub. (1).

(c) If the person named in the affidavit under subd. 1. par. (a) is an intermediate hauler that holds a license for the collection and transportation of solid or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that either of the following has occurred:

1. The person named in the affidavit under subd. 1. par. (a) received the required fees from a generator, from a person who arranges for collection or disposal services on behalf of one or more generators or from an earlier intermediate hauler, and paid the fees to the licensed solid or hazardous waste disposal facility or to a subsequent intermediate hauler.

2. A generator, a person who arranges for collection or disposal services on behalf of one or more generators or an earlier intermediate hauler failed to pay the required fees to the person named in the affidavit under subd. 1. par. (a).

(d) If the department does not receive an affidavit under subd. 2. or 3. par. (b) or (c) within 30 days after the date the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid or hazardous waste. Notwithstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.

(e) When a person whose license is suspended under subd. 4. par. (d) provides the department with proof that the person has paid the owner or operator of the licensed solid or hazardous waste facility the amount of the unpaid fees, the department shall immediately reinstate the suspended license.

227,593 Section 593 . 144.441 (7m) of the statutes is renumbered 289.64, and 289.64 (1) and (3) to (7), as renumbered, are amended to read:

289.64 (1) Imposition of solid waste facility siting board fee on generators. Except as provided under par. (d) sub. (4), a generator of solid waste or hazardous waste shall pay a solid waste facility siting board fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste 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 solid waste facility siting board fee to the licensed solid waste 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 the solid waste facility siting board fee under this paragraph subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under sub. (3) s. 289.62 (1).

(3) Amount of solid waste facility siting board fee. The fee imposed under this subsection section is 1.7 cents per ton for solid waste or hazardous waste.

(4) Exemption from solid waste facility siting board fee; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the solid waste facility siting board fee imposed under par. (a) sub. (1), except that materials approved for use under s. 144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to the fee.

(5) Reporting period. The reporting period under this subsection section is the same as the reporting period under sub. (3) s. 289.62 (1). The owner or operator of any licensed solid waste or hazardous waste disposal facility shall pay the solid waste facility siting board fee required to be collected under par. (b) sub. (2) at the same time as any tonnage fees under sub. (3) s. 289.62 (1) are paid.

(6) Use of solid waste facility siting board fees. The fees collected under par. (b) sub. (2) shall be credited to the appropriation under s. 20.370 (2) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

(7) Failure to pay solid waste facility siting board fee. (a) If a person required under par. (a) sub. (1) to pay the solid waste facility siting board fee to a licensed solid waste or hazardous waste disposal facility fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility shall submit to the department with the payment required under par. (b) sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with par. (a) sub. (1).

(b) If the person named in the affidavit under subd. 1. par. (a) is a generator or a person who arranges for collection or disposal services on behalf of one or more generators and the person holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fee as required under par. (a) sub. (1).

(c) If the person named in the affidavit under subd. 1. par. (a) is an intermediate hauler that holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that either of the following has occurred:

1. The person named in the affidavit under subd. 1. par. (a) received the required fee from a generator, from a person who arranges for collection or disposal services on behalf of one or more generators or from an earlier intermediate hauler, and paid the fee to the licensed solid waste or hazardous waste disposal facility or to a subsequent intermediate hauler.

2. A generator, a person who arranges for collection or disposal services on behalf of one or more generators or an earlier intermediate hauler failed to pay the required fee to the person named in the affidavit under subd. 1. par. (a).

(d) If the department does not receive an affidavit under subd. 2. or 3. par. (b) or (c) within 30 days after the date the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid waste or hazardous waste. Notwithstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.

(e) When a person whose license is suspended under subd. 4. par. (d) provides the department with proof that the person has paid the owner or operator of the licensed solid waste or hazardous waste facility the amount of the unpaid fee, the department shall immediately reinstate the suspended license.

227,594 Section 594 . 144.4412 of the statutes is renumbered 289.65, and 289.65 (2) and (5) (c), as renumbered, are amended to read:

289.65 (2) Collection. The owner or operator of an incinerator with an operating permit or license that is approved under s. 144.391 285.60 or 144.44 (4) 289.31 shall pay to the department the amount of the solid waste capacity fee required to be collected according to the amount of solid waste burned during the previous calendar year.

(5) (c) Solid waste generated in another state if the solid waste is converted into fuel or burned at a municipal solid waste treatment facility with an operating permit or license that is approved under s. 144.391 285.60 or 144.44 (4) 289.31 prior to May 11, 1990, and the solid waste is delivered to the municipal solid waste treatment facility pursuant to a contract in effect 2 years after May 11, 1990.

227,595 Section 595 . 144.4414 of the statutes is renumbered 289.66 and amended to read:

289.66 Solid waste capacity fees; department determinations. Beginning on January 1, 1991, and annually thereafter, the department shall determine the solid waste disposal and incineration capacity, as defined in s. 144.4412 289.65 (1) (b), of this state and each adjacent state. The department shall inform the owner or operator of each solid waste disposal facility and each incinerator in this state of the amount of the solid waste capacity fee under ss. 144.441 (7) 289.63 and 144.4412 289.65 for solid waste generated in each adjacent state, commencing on January 1, 1995, based on that solid waste disposal and incineration capacity determination.

227,596 Section 596 . 144.442 (title) of the statutes is renumbered 292.31 (title).

227,597 Section 597 . 144.442 (1) (intro.) and (a) to (c) of the statutes are repealed.

227,598 Section 598 . 144.442 (1) (cm) of the statutes is repealed.

227,599 Section 599 . 144.442 (1) (d) of the statutes is renumbered 292.01 (18) and amended to read:

292.01 (18) “Site or facility" means, except in sub. (9m) ss. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

227,600 Section 600 . 144.442 (1) (e) of the statutes is renumbered 292.01 (21).

227,601 Section 601 . 144.442 (1m) of the statutes is renumbered 289.67 (1), and 289.67 (1) (a), (cp), (e), (f) and (g), as renumbered, are amended to read:

289.67 (1) (a) Imposition of fee. Except as provided under par. (f), 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. 144.441 (3) 289.62 (1).

(cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 cents per ton for solid or hazardous waste, other than high-volume industrial waste, as defined in s. 144.44 (7) (a) 1., disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.

(e) In addition to other fees. The environmental repair fee collected and paid under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge imposed under sub. (3), the tonnage fee imposed under s. 144.441 (3) 289.62 (1) and the groundwater, solid waste capacity and well compensation fees imposed under s. 144.441 (7) 289.63.

(f) Exemption from environmental repair fee; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the environmental repair fee imposed under par. (a), except that foundry sands or shredder fluff approved for use under s. 144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to the environmental repair fee.

(g) Reporting period. The reporting period under this subsection is the same as the reporting period under s. 144.441 (3) 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility shall pay environmental repair fees required to be collected under par. (b) at the same time as any tonnage fees under s. 144.441 (3) 289.62 (1).