SB622, s. 896
15Section
896. 159.13 of the statutes is renumbered 287.13, and 287.13 (2) (d),
16(3) (d), (5) (e), (8) (j), (10) (intro.), (16) and (17) (bg), as renumbered, are amended to
17read:
SB622,368,2118
287.13
(2) (d) The facility is constructed, operated, maintained, expanded,
19modified and closed in compliance with this chapter and
ch. 144 chs. 281, 285 and
20289 to 299 and all necessary permits, licenses and approvals required by the
21department are obtained.
SB622,368,25
22(3) (d) The facility is constructed, operated, maintained, expanded, modified
23and closed in compliance with this chapter and
ch. 144
chs. 281, 285 and 289 to 299 24and all necessary permits, licenses and approvals required by the department are
25obtained.
SB622,369,4
1(5) (e) Solid waste produced by a commercial business or industry which is
2disposed of or held for disposal in an approved facility, as defined under s.
144.441
3(1) (a) 289.01 (3), owned by the generator and designed and constructed for the
4purpose of accepting that type of solid waste.
SB622,369,7
5(8) (j) Construction, operation, maintenance, expansion, modification and
6closure of the facility will comply with
ch. 144
chs. 281, 285 and 289 to 299 and all
7permits, licenses and approvals required by the department will be obtained.
SB622,369,17
8(10) Municipal waste flow control ordinance. (intro.) Except as provided
9under sub. (4), a municipality may adopt a municipal waste flow control ordinance
10if the municipality adopted an appropriate initial intent resolution under sub. (6),
11if the municipality or, if the municipality enters into an agreement under sub. (3),
12the responsible municipality submitted the necessary comprehensive facility project
13description report required under sub. (7), if the municipality issued a determination
14of best public interest utilizing criteria under sub. (8) after conducting the hearing
15required under sub. (9) and if the facility complies with this chapter and
ch. 144 chs.
16281, 285 and 289 to 299 and all permits, licenses and approvals required by the
17department are obtained. The municipal waste flow control ordinance shall include:
SB622,369,22
18(16) Permits, license and approvals; report review and fees; proof of
19financial responsibility. (a) A municipality may not construct, operate, maintain,
20expand, modify or close any facility for the recycling of solid waste or for the recovery
21of resources from solid waste in violation of
ch. 144
chs. 281, 285 and 289 to 299 or
22without any license, permit or approval required by the department.
SB622,369,25
23(17) (bg) Solid waste of each type to be incinerated, as determined in the air
24permit under s.
144.391 285.60, shall be recycled by means other than incineration
25to the extent of economic feasibility.
SB622, s. 897
1Section
897. 159.15 of the statutes is renumbered 287.15, and 287.15 (2) (c)
2and (d), (3) (b) and (c), (4) and (5), as renumbered, are amended to read:
SB622,370,63
287.15
(2) (c)
Exemption. An engine waste oil collection facility maintained by
4a retail sales establishment which is of a type approved by the department is exempt
5from the rules promulgated under s.
144.435 289.05 (1) and need not be licensed as
6a solid waste disposal facility under
s. 144.44 subch. III of ch. 289.
SB622,370,117
(d)
Compliance with solid and hazardous waste regulations. Except as
8provided under par. (c), no person may maintain or operate an engine waste oil
9collection facility unless the person complies with the requirements of
ss. 144.43 to
10144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those
11sections chapters with respect to that facility.
SB622,370,19
12(3) (b)
Exemption. If a municipality submits and obtains approval from the
13department for an informal plan of operation for an engine waste oil storage facility
14and constructs, maintains or provides for an engine waste oil storage facility of a type
15approved by the department, that facility is exempt from the rules promulgated
16under s.
144.435 289.05 (1) and need not be licensed as a solid waste disposal facility
17under
s. 144.44 subch. III of ch. 289. The informal plan of operation shall contain the
18information and be in a form approved by the department but is not required to be
19prepared by a registered professional engineer.
SB622,370,2420
(c)
Compliance with solid and hazardous waste regulations. Except as provided
21under par. (b), no person may maintain or operate a facility for the storage of engine
22waste oil unless the person obtains a license and complies with the requirements of
23ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated
24under those
sections chapters with respect to that facility.
SB622,371,4
1(4) Waste oil transportation. (a)
Exemptions. 1. The department shall
2exempt a consumer from the licensing and other requirements of s.
144.64 291.23 3and rules promulgated under
that section s. 291.05 (5) for the transportation of
4engine waste oil.
SB622,371,85
2. The department may exempt a retail sales establishment or a service
6establishment from the licensing and other requirements of s.
144.64 291.23 and
7rules promulgated under
that section s. 291.05 (5) for the transportation of engine
8waste oil.
SB622,371,139
(b)
Compliance with solid and hazardous waste regulations. Except as
10provided under par. (a), no person may transport engine waste oil unless the person
11obtains a license and complies with the requirements of
ss. 144.43 to 144.47 and 12144.60 to 144.74 chs. 289 and 291 and rules promulgated under those
sections 13chapters with respect to the transportation of the engine waste oil.
SB622,371,2414
(c)
Collection and transportation service. A person who collects and transports
15waste oil for sale or transfer to waste oil recyclers or for other approved methods of
16disposal shall obtain a license and comply with the requirements of
ss. 144.43 to
17144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under these
18sections chapters. When issuing the license under s.
144.64 291.23, the department
19shall require any person who collects and transports waste oil to provide services to
20any collection or storage facility within his or her geographic area which has
21accumulated 200 gallons or more of engine waste oil. The department may revoke
22a license issued under s.
144.64 291.23 if a person who collects and transports waste
23oil fails to provide services to collection or storage facilities within his or her
24geographic area which have accumulated 200 gallons or more of engine waste oil.
SB622,372,4
1(5) Waste oil recycling. No person may maintain or operate a facility for the
2recycling of engine waste oil unless the person obtains a license and complies with
3the requirements of
ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and
4rules promulgated under those
sections chapters with respect to that facility.
Note: Several provisions in this section relate to the transportation of waste oil and
the requirement for a permit for that activity, but the cross-reference is to s. 144.64,
which includes licensing requirements for other types of hazardous waste management
activities and facilities. Accordingly, the cross-reference is narrowed to current s. 144.64
(1), renumbered as s. 291.23, which relates to the license for hazardous waste
transportation.
SB622, s. 898
5Section
898. 159.17 of the statutes, as affected by
1995 Wisconsin Act 27,
6section
4415d, is renumbered 287.17, and 287.17 (1) (b), (c) and (d) and (5), as
7renumbered, are amended to read:
SB622,372,98
287.17
(1) (b) "Solid waste facility" has the meaning given under s.
144.43 (5) 9289.01 (35).
SB622,372,1010
(c) "Tire dump" has the meaning given under s.
144.449 289.55 (1) (b).
SB622,372,1111
(d) "Waste tire" has the meaning given under s.
144.449 289.55 (1) (c).
SB622,372,17
12(5) Other recovery activities by department. The department may conduct
13a recovery activity designed to reduce the volume of waste tires in a tire dump that
14does not receive at least 95% of its tires from Wisconsin retailers and residents if the
15department, after due diligence, is unable to recover nuisance abatement expenses
16under s.
144.449 289.55 (5) from a person responsible for a nuisance at a tire dump
17after the department has initiated abatement activities.
SB622, s. 899
18Section
899. 159.18 of the statutes is renumbered 287.18.
SB622, s. 900
19Section
900. 159.185 of the statutes is renumbered 287.185.
SB622, s. 901
20Section
901. 159.19 of the statutes, as affected by
1993 Wisconsin Act 75, is
21renumbered 287.19, and 287.19 (1) (intro.), (a) 2. and 3. and (b) (intro.) and (2), as
22renumbered, are amended to read:
SB622,373,6
1287.19
(1) Duties. (intro.) The department shall provide assistance to
2individuals, groups, businesses, state agencies, counties and municipalities in all
3aspects of recycling consistent with this subchapter, and whenever practical shall be
4provided with an emphasis on documents and material easy to read and understand
5by the general public. This assistance may be provided through programs
6established under s.
159.21 287.21 and shall include all of the following:
SB622,373,97
(a) 2. Maintaining current estimates of the amount of components of solid
8waste specified in s.
159.07 287.07 generated by categories of businesses, industries,
9municipalities and other governmental entities.
SB622,373,1110
3. Providing solid waste generators with information on how to manage solid
11waste consistent with s.
159.05 287.05 (12).
SB622,373,1312
(b)
Recycling programs. (intro.) With respect to programs created under s.
13159.09 287.09 (2) (a):
SB622,373,18
14(2) Powers. In providing assistance under sub. (1), the department may
15provide assistance relating to the marketing of materials recovered from solid waste,
16if the provision of that assistance is a responsibility assigned to the department in
17a memorandum of understanding
under s. 159.03 (3) (b)
, contract or other agreement
18with the recycling market development board.
SB622, s. 902
19Section
902. 159.21 of the statutes is renumbered 287.21, and 287.21 (intro.),
20as renumbered, is amended to read:
SB622,374,5
21287.21 Statewide education program. (intro.) The department shall
22collect, prepare and disseminate information and conduct educational and training
23programs designed to assist in the implementation of solid waste management
24programs under ss.
159.01 287.01 to
159.31 287.31, enhance municipal and county
25solid waste management programs under s.
159.09 287.09 (2) (a) and inform the
1public of the relationship among an individual's consumption of goods and services,
2the generation of different types and quantities of solid waste and the
3implementation of the solid waste management priorities in s.
159.05 287.05 (12).
4The department shall prepare the information and programs on a statewide basis for
5the following groups:
SB622, s. 903
6Section
903. 159.215 of the statutes is renumbered 287.215.
SB622, s. 905
9Section
905. 159.23 of the statutes, as affected by
1995 Wisconsin Act 27, is
10renumbered 287.23, and 287.23 (1) (ar), (3) (a) 2., (am) 1. and (b), (4) (a) and (b) 1. and
112. and (5) (c) 3. and 4., as renumbered, are amended to read:
SB622,374,1612
287.23
(1) (ar) "Avoided disposal cost" means the amount of the cost of
13disposing of solid waste that a responsible unit avoids as a result of operating a solid
14waste management program with one or more of the components specified in s.
15159.11 287.11 (2) (a) to (h) during the year for which an application is submitted
16under sub. (4).
SB622,374,18
17(3) (a) 2. For assistance in 1995 to 1999, a responsible unit that has been
18determined under s.
159.11 287.11 to have an effective recycling program.
SB622,374,2019
(am) 1. That the responsible unit has not maintained an effective recycling
20program following approval of the recycling program under s.
159.11 287.11.
SB622,374,2521
(b) Only expenses, including capital expenses, anticipated to be incurred for
22planning, constructing or operating a recycling program with one or more of the
23components specified in s.
159.11 287.11 (2) (a) to (h) and for complying with the
24prohibition under s.
159.07 287.07 (2) during the year for which an application is
25submitted under sub. (4) are eligible for assistance under the program.
SB622,375,1
1(4) (a) The information specified in s.
159.09 287.09 (2) (b).
SB622,375,32
(b) 1. Making continued progress in creating an effective recycling program
3under s.
159.11 287.11 by January 1, 1995.
SB622,375,54
2. Maintaining an effective recycling program following approval of the
5recycling program under s.
159.11 287.11.
SB622,375,11
6(5) (c) 3. Except as provided in subd. 5. or sub. (5e), for all other responsible
7units, the amount of the grant for 1998 equals either 50% of the eligible expenses of
8complying with the prohibition under s.
159.07 287.07 (2) and of the eligible capital
9costs of the recycling program plus 66% of the other eligible expenses of planning and
10operating the recycling program less avoided disposal costs or $8 times the
11population of the responsible unit, whichever is less.
SB622,375,1712
4. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the
13amount of the grant for 1999 equals either 25% of the eligible expenses of complying
14with the prohibition under s.
159.07 287.07 (2) and of the eligible capital costs of the
15recycling program plus 50% of the other eligible expenses of planning and operating
16the recycling program less avoided disposal costs or $8 times the population of the
17responsible unit, whichever is less.
SB622, s. 906
18Section
906. 159.25 of the statutes, as affected by
1995 Wisconsin Act 27, is
19renumbered 287.25, and 287.25 (3) (cm), as renumbered, is amended to read:
SB622,375,2120
287.25
(3) (cm) Beginning on January 1, 1993, no responsible unit may apply
21for a demonstration grant unless it has complied with s.
159.09 287.09 (2) (b).
SB622, s. 907
22Section
907. 159.31 of the statutes is renumbered 287.31.
SB622, s. 908
23Section
908. Subchapter III (title) of chapter 159 [precedes 159.40] of the
24statutes is renumbered subchapter III (title) of chapter 287 [precedes 287.40].
SB622, s. 909
1Section
909. 159.40 of the statutes, as affected by 1995 Wisconsin Acts 15 and
227, is renumbered 287.40, and 287.40 (3) and (4), as renumbered, are amended to
3read:
SB622,376,54
287.40
(3) "Recovered material" means a material specified by the board under
5s.
159.42 287.42 (5) that is recovered from solid waste for recycling.
SB622,376,7
6(4) "Waste generator" means a person who generates solid waste that contains
7a material specified by the board under s.
159.42
287.42 (5) or a responsible unit.
SB622, s. 911
10Section
911. 159.42 of the statutes, as affected by 1995 Wisconsin Acts 15 and
1127, is renumbered 287.42, and 287.42 (1) (b) and (c) and (5), as renumbered, are
12amended to read:
SB622,376,1413
287.42
(1) (b) Minimize the number of variances granted under s.
159.11 14287.11 (2m) (b) and (c).
SB622,376,1715
(c) In furtherance of the efforts of responsible units under s.
159.11 287.11 (2)
16(i), minimize the amounts of these recovered materials disposed of in landfills or
17burned without energy recovery in incinerators.
SB622,376,22
18(5) In consultation with the council on recycling, annually establish a list of
19materials recovered from solid waste for which financial assistance may be provided
20under this subchapter, which shall include the materials specified in s.
159.07 287.07 21(3), based on the board's analysis of current and future markets for materials
22recovered from solid waste.
SB622,376,2525
287.44
(1) Provide financial assistance under s.
159.46 287.46.
SB622, s. 916
7Section
916. Subchapter IV (title) of chapter 159 [precedes 159.81] of the
8statutes is renumbered subchapter IV (title) of chapter 287 [precedes 287.81].
SB622, s. 917
9Section
917. 159.81 of the statutes is renumbered 287.81, and 287.81 (1) (c)
10and (3) (b), as renumbered, are amended to read:
SB622,377,1211
287.81
(1) (c) "Waters of the state" has the meaning given in s.
144.01 (19) 12281.01 (18).
SB622,377,15
13(3) (b) Subsection (2) does not apply to a person who deposits or discharges solid
14waste in conformance with
ch. chs. 30, 31,
144 or 147 281 to 285 or 289 to 299 or a
15permit, license or other approval issued by the department under those chapters.
SB622, s. 918
16Section
918. Subchapter V (title) of chapter 159 [precedes 159.91] of the
17statutes is renumbered subchapter V (title) of chapter 287 [precedes 287.91].
SB622, s. 919
18Section
919. 159.91 of the statutes is renumbered 287.91, and 287.91 (1) and
19(2), as renumbered, are amended to read:
SB622,377,2220
287.91
(1) The attorney general shall enforce this chapter except for ss.
159.07,
21159.08 287.07, 287.08 and
159.81
287.81 and all rules promulgated under this
22chapter except under those sections.
SB622,377,25
23(2) Notwithstanding sub. (1) and s.
159.95 287.95 (3) (a), the attorney general
24may enforce s.
159.07 287.07 (3) and (4) by seeking injunctive relief against any
25person violating those provisions.
SB622, s. 920
1Section
920. 159.93 of the statutes is renumbered 287.93.
SB622, s. 921
2Section
921. 159.95 of the statutes is renumbered 287.95, and 287.95 (1), (2)
3and (3), as renumbered, are amended to read:
SB622,378,64
287.95
(1) Any person who violates s.
159.07 287.07 (1m) may be required to
5forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and
6may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
SB622,378,8
7(2) (a) Any person who violates s.
159.07 287.07 (2) or
159.08 287.08 before
8January 1, 1995, is not subject to a penalty.
SB622,378,129
(b) After December 31, 1994, any person who violates s.
159.07 287.07 (2) or
10159.08 287.08 may be required to forfeit $50 for a first violation, may be required to
11forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000
12for a 3rd or subsequent violation.
SB622,378,14
13(3) (a) Any person who violates s.
159.07 287.07 (3) and (4) before January 1,
141997, is not subject to a penalty.
SB622,378,1815
(b) After December 31, 1996, any person who violates s.
159.07 287.07 (3) and
16(4) may be required to forfeit $50 for a first violation, may be required to forfeit $200
17for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or
18subsequent violation.
SB622, s. 922
19Section
922. 159.97 of the statutes is renumbered 287.97 and is amended to
20read:
SB622,378,24
21287.97 Penalties. Any person who violates this chapter, except s.
159.07,
22159.08 287.07, 287.08 or
159.81
287.81, or any rule promulgated under this chapter,
23except under s.
159.07, 159.08 287.07, 287.08 or
159.81 287.81, may be required to
24forfeit not less than $10 nor more than $1,000 for each violation.
SB622, s. 923
25Section
923. 160.01 (4) of the statutes is amended to read:
SB622,379,3
1160.01
(4) "Groundwater" means any of the waters of the state, as defined in
2s.
144.01 (19) 281.01 (18), occurring in a saturated subsurface geological formation
3of rock or soil.
SB622, s. 924
4Section
924. 160.09 (1) (intro.) of the statutes is amended to read:
SB622,379,85
160.09
(1) (intro.) Notwithstanding the authority of the department under
chs.
6144 and 162 ss. 280.11, 281.15 and 281.17 (8) to establish standards for pure drinking
7water, the department shall establish enforcement standards for substances of
8public welfare concern as follows:
Note: The reference to establishing standards for pure drinking water under chs.
144 and 162 is overly inclusive. Only ss. 144.025 (2) (b) and (t) and 162.01 of those
chapters relate specifically to establishing water quality and drinking water standards.
Therefore, the new cross-reference is restricted to new ss. 280.11, 281.15 and 281.17 (8),
which correspond with current ss. 144.025 (2) (b) and (t) and 162.01.
SB622, s. 925
9Section
925. 160.19 (8) of the statutes is amended to read:
SB622,379,1710
160.19
(8) Notwithstanding subs. (2) to (4), the department may allow a facility
11which is regulated under
subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to 292 to be
12constructed, after May 11, 1984, in an area where the background concentration of
13nitrate or a substance of public welfare concern attains or exceeds the preventive
14action limit or the enforcement standard if the facility is designed to achieve the
15lowest possible concentration for that substance which is technically and
16economically feasible and the anticipated increase in the concentration of the
17substance does not present a threat to public health or welfare.
SB622, s. 926
18Section
926. 160.19 (9) (intro.) of the statutes is amended to read:
SB622,380,219
160.19
(9) (intro.) Notwithstanding subs. (2) to (4), the department may allow
20a facility which is regulated under
subch. IV of ch. 144 or ch. 147 chs. 283 or 289 to
21292 to be constructed, after May 11, 1984, in an area where the background
1concentration of a substance of public health concern, other than nitrate, attains or
2exceeds a preventive action limit for that substance: