SB622: Bill Text

SB622,221,6 (7) Monitoring requirements. (a) In this paragraph subsection, "monitoring" means activities necessary to determine whether contaminants are present in groundwater, surface water, soil or air in concentrations that require investigation or remedial action. "Monitoring" does not include investigations to determine the extent of contamination, to collect information necessary to select or design remedial action, or to monitor the performance of remedial action.

SB622,221,9 (b) Upon the renewal of an operating license for a nonapproved facility , as defined under s. 144.441 (1) (c), the department may require monitoring at the facility as a condition of the license.

SB622,221,12 (c) The owner or operator of a nonapproved facility, as defined under s. 144.441 (1) (c), is responsible for conducting any monitoring required under subd. 1m. par. (b).

SB622,221,16 (d) The department may require by special order the monitoring of a closed solid or hazardous waste disposal site or facility which was either a nonapproved facility, as defined under s. 144.441 (1) (c), or a waste site, as defined under s. 144.442 (1) (e) 292.01 (21), when it was in operation.

SB622,221,19 (e) If the owner or operator of a site or facility subject to an order under subd. 3. par. (d) is not a municipality, the owner or operator is responsible for the cost of conducting any monitoring ordered under subd. 3. par. (d).

SB622,222,4 (f) If the owner or operator of a site or facility subject to an order under subd. 3. par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under subd. 3. par. (d). The department shall, from the environmental fund appropriation under s. 20.370 (2) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under subd. 3. par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

SB622,222,6 (g) The department shall promulgate rules for determining costs eligible for reimbursement under subd. 5. par. (f).

SB622,222,16 (8) Closure agreement. Any person operating a solid or hazardous waste facility which is a nonapproved facility as defined under s. 144.442 (1) (c) may enter into a written closure agreement at any time with the department to close the facility on or before July 1, 1999. The department shall incorporate any closure agreement into the operating license. The operating license shall terminate and is not renewable if the operator fails to comply with the closure agreement. Upon termination of an operating license under this paragraph subsection as the result of failure to comply with the closure agreement, the department shall collect additional surcharges and base fees as provided under s. 144.442 (2) and (3) 289.67 (3) and (4) and enforce the closure under ss. 144.98 299.95 and 144.99 299.97.

SB622, s. 570 Section 570. 144.44 (4e) of the statutes is renumbered 289.31 (9) and amended to read:

SB622,222,25 289.31 (9) Daily cover. Within 12 months after receiving a request from a person operating a foundry or a scrap dealer in this state, the department shall modify the operating license issued under sub. (4) (a) (1) to a person operating a municipal waste landfill to require the operator to use foundry sand from the foundry or shredder fluff from the scrap dealer's operation as daily cover at part or all of the municipal waste landfill for a period specified in the request, if all of the conditions in sub. (3) (bh) s. 289.30 (5) are met.

SB622, s. 571 Section 571. 144.44 (4m) of the statutes is renumbered 289.32, and 289.32 (intro.), as renumbered, is amended to read:

SB622,223,5 289.32 (title) Distribution of documents. (intro.) One copy of the notice or documents required to be distributed under this section ss. 289.21 to 289.31 shall be mailed to:

SB622, s. 572 Section 572. 144.44 (4r) of the statutes is renumbered 289.34, and 289.34 (1) and (3), as renumbered, are amended to read:

SB622,223,11 289.34 (1) In this subsection section, "applicant" means any natural person, partnership, association or body politic or corporate that seeks to construct a solid waste disposal facility or hazardous waste facility under this section ss. 289.21 to 289.32.

SB622,223,15 (3) Paragraph (b) Subsection (2) does not apply if the person named in and subject to the plan or order provides the department with proof of financial responsibility ensuring the availability of funds to comply with the plan or order using a method under s. 144.443 289.41.

SB622, s. 573 Section 573. 144.44 (6) of the statutes is renumbered 289.47, and 289.47 (title), as renumbered, is amended to read:

SB622,223,18 289.47 (title) Closure notice .

SB622, s. 574 Section 574. 144.44 (7) (title) of the statutes is renumbered 289.43 (title).

SB622, s. 575 Section 575. 144.44 (7) (a) (intro.) of the statutes is repealed.

SB622, s. 576 Section 576. 144.44 (7) (a) 1. of the statutes is renumbered 289.01 (17).

SB622, s. 577 Section 577. 144.44 (7) (a) 2. of the statutes is renumbered 289.43 (1) and amended to read:

SB622,224,3 289.43 (1) (title) definition. "Recycling" In this section, "recycling" means the process by which solid waste is returned to productive use as material or energy, but does not include the collection of solid waste.

SB622, s. 578 Section 578. 144.44 (7) (am), (b), (c), (d) and (e) of the statutes are renumbered 289.43 (2), (3), (4), (5) and (6), and 289.43 (2), (3) (intro.), (b) and (e) and (4) to (6), as renumbered, are amended to read:

SB622,224,11 289.43 (2) Waiver; emergency condition. The department may waive compliance with any requirement of this section ss. 289.21 to 289.32, 289.47, 289.53 or 289.95 or shorten the time periods under this section ss. 289.21 to 289.32, 289.47, 289.53 or 289.95 provided to the extent necessary to prevent an emergency condition threatening public health, safety or welfare.

SB622,224,18 (3) Waiver; research projects. (intro.) The intent of this paragraph subsection is to encourage research projects designed to demonstrate the feasibility of recycling certain solid wastes while providing adequate and reasonable safeguards for the environment. The department may waive compliance with the requirements of ss. 144.43 to 144.47 this chapter for a project developed for research purposes to evaluate the potential for the recycling of high-volume industrial waste if the following conditions are met:

SB622,224,21 (b) The department determines that the project is unlikely to violate any law relating to surface water or groundwater quality including this chapter or ch. 147 or 160 or 283.

SB622,225,2 (e) The owner or operator of the project agrees to take necessary action to maintain compliance with surface water and groundwater laws, including this chapter and chs. 147 and 160 and 283 and to take necessary action to regain compliance with these laws if a violation occurs because of the functioning or malfunctioning of the project.

SB622,225,8 (4) Exemption from licensing or regulation; development of improved methods. For the purpose of encouraging the development of improved methods of solid waste disposal, the department may specify by rule types of solid waste facilities that are not required to be licensed under this section ss. 289.21 to 289.32 or types of solid waste that need not be disposed of at a licensed solid waste disposal facility.

SB622,225,12 (5) Exemption from regulation; single-family waste disposal. The department may not regulate under this chapter chs. 281, 285 or 289 to 299 any solid waste from a single family or household disposed of on the property where it is generated.

SB622,225,17 (6) Exemption from licensing; agricultural landspreading of sludge. The department may not require a license under this section ss. 289.21 to 289.32 for agricultural land on which nonhazardous sludges from a treatment work, as defined under s. 147.015 283.01 (18), are land spread for purpose of a soil conditioner or nutrient.

SB622, s. 579 Section 579. 144.44 (7) (em) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 289.43 (6m) and amended to read:

SB622,225,22 289.43 (6m) Exemption from licensing, agricultural use of wood ash. No license is required under this section ss. 289.21 to 289.32 for the agricultural use of wood ash.

SB622, s. 580 Section 580. 144.44 (7) (f), (g) and (h) of the statutes are renumbered 289.43 (7), (8) and (9), and 289.43 (7) (a) to (d) and (e) 1. and 3., (8) (b) (intro.) and 2. and (c) and (9), as renumbered, are amended to read:

SB622,226,5 289.43 (7) (a) Any person who generates, treats, stores or disposes of high-volume industrial waste may request the department to exempt an individual solid waste facility or specified types of solid waste facilities from ss. 144.43 to 144.47 this chapter for the purpose of allowing the recycling of any high-volume industrial waste.

SB622,226,9 (b) A person who requests an exemption under subd. 1. par. (a) shall provide any information requested by the department relating to the characteristics of the high-volume industrial waste, the characteristics of the site of the recycling and the proposed methods of recycling.

SB622,226,17 (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 147, 160 and 162 280 to 299 and ss. 1.11, 23.40, 59.971, 59.974, 60.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not comply with one or more of the requirements specified in this subdivision paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this paragraph subsection within 90 days.

SB622,226,22 (d) The department may require periodic testing and may impose other conditions on any exemption granted under this paragraph subsection. The department may require a person granted an exemption under this paragraph subsection to identify the location of any site where high-volume industrial waste is recycled.

SB622,227,2 (e) 1. Each applicant for an exemption under this paragraph subsection shall submit a nonrefundable fee of $500 with the application to cover the department's cost for the initial screening of the application. The department may waive this fee if the cost of the initial screening to the department will be minimal.

SB622,227,4 3. All fees collected under this subdivision paragraph shall be credited to the appropriation under s. 20.370 (2) (dg).

SB622,227,8 (8) (b) (intro.) If the department, after a review under subd. 1. par. (a), finds that regulation under ss. 144.43 to 144.47 this chapter is not warranted in light of the potential hazard to public health or the environment, the department shall either:

SB622,227,10 2. On a case-by-case basis, exempt from regulation under ss. 144.43 to 144.47 this chapter specified types of solid waste facilities.

SB622,227,12 (c) The department may require periodic testing of solid wastes and impose other conditions on exemptions granted under subd. 2. par. (b).

SB622,227,17 (9) Exemption from regulation; animal carcasses. The department may not regulate under this chapter chs. 281, 285 or 289 to 299 any animal carcass buried or disposed of, in accordance with ss. 95.35 and 95.50, on the property owned or operated by the owner of the carcass, if the owner is a farmer, as defined under s. 102.04 (3).

SB622, s. 581 Section 581. 144.44 (8) of the statutes is renumbered 289.95 and amended to read:

SB622,227,23 289.95 Enforcement procedures for older facilities. (1) Notwithstanding s. 144.47 289.97, for solid waste facilities licensed on or before January 1, 1977, that the department believes do not meet minimum standards promulgated under s. 144.435 289.05 (1) and (2), the department may do any of the following:

SB622,227,24 (a) Initiate action under s. 144.72 289.94.

SB622,228,2 (b) Refer the matter to the department of justice for enforcement under s. 144.98 299.95.

SB622,228,4 (c) Issue an order relating to the solid waste facility or refuse to relicense the solid waste facility using the procedure under par. (b) sub. (2).

SB622,228,10 (2) (a) Before issuing an order relating to a solid waste facility or a decision refusing to relicense a solid waste facility under par. (a) 3. sub. (1) (c), the department shall notify the licensee of its intended action. The licensee, within 30 days after receipt of the notice, may request a hearing under subd. 2 par. (b). If the licensee requests a hearing under subd. 2. par. (b), it may not withdraw that request and proceed under subd. 3. par. (c).

SB622,228,19 (b) If the licensee requests a hearing, the department may not issue the order or decision until a hearing, conducted as a class 2 proceeding under ch. 227, is held unless the licensee has withdrawn the hearing request. The hearing shall be held in the county where the facility is located. At the hearing the department must establish by a preponderance of all the available evidence that the facility does not adhere to the minimum standards promulgated under s. 144.435 289.05 (1) and (2). If the hearing examiner's decision is in favor of the department, or if the licensee has withdrawn the hearing request, the department may issue the order or decision. The order or decision is subject to judicial review under ch. 227.

SB622,229,2 (c) If the licensee does not request a hearing under subd. 2. par. (b), the department shall issue the order or decision. The licensee may challenge the order or decision by commencing an action in circuit court for the county in which the solid waste facility is located within 15 days after the issuance of the order or decision. The complaint shall allege that the facility adheres to the minimum standards promulgated under s. 144.435 289.05 (1) and (2). The licensee shall receive a new trial on all issues relating to the facility and relicensing of the facility. The trial shall be conducted by the court without a jury.

SB622, s. 582 Section 582. 144.44 (9) of the statutes is renumbered 289.53, and 289.53 (1) (intro.), (b) and (c) and (2) to (7), as renumbered, are amended to read:

SB622,229,5 289.53 (1) Definitions. (intro.) As used in In this subsection section:

SB622,229,6 (b) "PCBs" has the meaning specified under s. 144.79 299.45 (1).

SB622,229,11 (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.

SB622,229,16 (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:

SB622,229,19 (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.

SB622,229,22 (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.

SB622,229,25 (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.

SB622,230,5 (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:

SB622,230,10 (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.

SB622,230,12 (b) Constructing the facility in accordance with an approved plan of operation as required under sub. (3) (d) s. 289.30 (8).

SB622,230,14 (c) Operating the facility in accordance with the approved plan of operation subject to the sanctions under sub. (3) (e) s. 289.30 (9).

SB622,230,17 (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.

SB622,230,20 (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.

SB622,230,24 (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.

SB622,231,2 (7) Applicability. The subsection This section applies to any facility which is not otherwise subject to this section ss. 289.21 to 289.32.

SB622, s. 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:

SB622,231,5 289.61 (title) Licenses License and review fees.

SB622,231,10 (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.

SB622, s. 584 Section 584. 144.441 (title) and (1) (intro.) of the statutes are repealed.

SB622, s. 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:

SB622,231,19 289.01 (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.

SB622,231,23 (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).

SB622, s. 586 Section 586. 144.441 (1m) (title) of the statutes is repealed.

SB622, s. 587 Section 587. 144.441 (1m) of the statutes is renumbered 289.05 (3) and amended to read:

SB622,232,9 289.05 (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).

SB622, s. 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:

SB622,232,15 289.41 (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).

SB622,232,19 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.

SB622,232,24 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).

SB622,233,6 (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.

SB622, s. 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:

SB622,233,20 289.62 (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.

SB622, s. 590 Section 590. 144.441 (6) of the statutes is renumbered 289.68 and amended to read:

SB622,234,7 289.68 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).

SB622,234,15 (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.

SB622,234,22 (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.

SB622,235,2 (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.