1997 Wisconsin Act 27

(6) Section 893.80 does not apply to actions commenced under this section.

27,3604 Section 3604 . 283.31 (7) of the statutes is amended to read:

283.31 (7) The holder of a permit under this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

27,3605 Section 3605 . 283.33 (9) (c) of the statutes is amended to read:

283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (2) (4) (bj).

27,3606 Section 3606 . 283.84 of the statutes is created to read:

283.84 Trading of water pollution credits. (1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. The department may only administer a pilot project if the pilot project is consistent with the federal Water Pollution Control Act, 33 USC 1251 to 1387. Subject to sub. (1m), a pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:

(a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.

(b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.

(c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

(1m) A pilot project may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:

(a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in water quality.

(b) The authorized increase in pollutants and the reduction in pollution provided for in the agreement under sub. (1) (a), (b) or (c) involve the same pollutant or the same water quality standard.

(c) The term of the agreement under sub. (1) (a), (b) or (c) is not more than 5 years.

(2) The department may select an area as a project area under this section only if all of the following apply:

(a) The area is the watershed or a portion of the watershed of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

(b) The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.

(c) Potential participants located in the area exhibit an interest in participating in a pilot project.

(3) (a) The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include representatives of persons in the project area who hold permits.

(b) A committee appointed under s. 281.65 (4) (dr) satisfies the requirement under par. (a) if it includes the members required under par. (a).

(3m) A person engaged in mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s.295.11 (3), may not enter into an agreement under sub. (1) (a), (b) or (c).

(4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.

(4m) The department may not begin to administer a pilot project under this section after June 30, 1999.

(5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.

27,3606pm Section 3606pm. 285.30 (5) (b) of the statutes is amended to read:

285.30 (5) (b) A motor vehicle with a gross vehicle weight rating exceeding 14,000 10,000 pounds, as determined by the manufacturer of the vehicle.

27,3607 Section 3607 . 285.30 (5) (i) of the statutes is amended to read:

285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does not apply after June 30, 1996.

27,3608 Section 3608 . 285.31 (5) of the statutes is repealed.

27,3609 Section 3609 . 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and amended to read:

285.59 (1) (title) Definition Definitions. (intro.) In this section, “ozone-depleting:

(a) “Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

27,3610 Section 3610 . 285.59 (1) (b) of the statutes is created to read:

285.59 (1) (b) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

27,3611 Section 3611 . 285.59 (2) (intro.) of the statutes is amended to read:

285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

27,3612 Section 3612 . 285.69 (2) (c) (intro.) of the statutes is amended to read:

285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the following:

27,3613 Section 3613 . 285.69 (3) of the statutes is amended to read:

285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

27,3613g Section 3613g. 287.07 (7) (a) of the statutes is amended to read:

287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.

27,3613gg Section 3613gg. 287.07 (7) (b) 3. of the statutes is created to read:

287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.

27,3613m Section 3613m. 287.07 (7) (d) of the statutes is amended to read:

287.07 (7) (d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.

27,3614 Section 3614 . 287.09 (3) (b) of the statutes is amended to read:

287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

27,3614gc Section 3614gc. 287.11 (1) of the statutes is amended to read:

287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

27,3614ge Section 3614ge. 287.11 (2) (b), (c) (intro.), (d) (intro.) and (i) of the statutes are amended to read:

287.11 (2) (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

(i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

27,3614gg Section 3614gg. 287.11 (2e) (a) of the statutes is renumbered 287.11 (2e) and amended to read:

287.11 (2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.

27,3614gk Section 3614gk. 287.11 (2e) (b) of the statutes is repealed.

27,3614gm Section 3614gm. 287.11 (2m) (b) (intro.) of the statutes is amended to read:

287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

27,3614gp Section 3614gp. 287.11 (2m) (c) of the statutes is amended to read:

287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

27,3614gr Section 3614gr. 287.11 (2p) (c) of the statutes is amended to read:

287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to a an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

27,3614gt Section 3614gt. 287.12 of the statutes is repealed.

27,3614mg Section 3614mg. 287.23 (1m) of the statutes is created to read:

287.23 (1m) Financial assistance after the year 2000. No later than September 1, 1998, the department shall submit a proposal to the legislature that if enacted will carry out the intent of the legislature that this state continue at least through the year 2004 its practice of providing state financial assistance to municipalities, counties, other units of government, including federally recognized Indian tribes and bands in this state, and solid waste management systems for expenses relating to programs for the recycling of postconsumer waste.

27,3615 Section 3615 . 287.23 (5) (c) 1. of the statutes is repealed.

27,3616 Section 3616 . 287.23 (5) (c) 2. of the statutes is amended to read:

287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

27,3617 Section 3617 . 287.23 (5) (c) 3. of the statutes is repealed.

27,3618 Section 3618 . 287.23 (5) (c) 4. of the statutes is repealed.

27,3619 Section 3619 . 287.23 (5) (c) 5. of the statutes is amended to read:

287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.

27,3620 Section 3620 . 287.23 (5e) of the statutes is amended to read:

287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2., 3. or 4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the remaining funds.

27,3620m Section 3620m. Subchapter III of chapter 287 [precedes 287.40] of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,3620s Section 3620s. 287.41 (1) (a) of the statutes is amended to read:

287.41 (1) (a) Identification of priority recovered materials that will be the focus of market development efforts by the board. The board shall focus its efforts on the reuse of materials recovered from solid waste as well as on the recycling of those materials.

27,3621 Section 3621 . 287.41 (3) of the statutes is amended to read:

287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

27,3621c Section 3621c. 287.41 (4) of the statutes is created to read:

287.41 (4) The department of commerce shall use the strategic plan prepared and revised under this section to guide the activities of the board.

27,3622 Section 3622 . 287.42 (2s) of the statutes is repealed.

27,3622m Section 3622m. 287.42 (3m) of the statutes is created to read:

287.42 (3m) Contract with, and provide sufficient funding for, an existing materials exchange program to operate a statewide materials exchange program until December 31, 1999.

27,3623 Section 3623 . 287.42 (5) of the statutes is amended to read:

287.42 (5) In consultation with the council on recycling, annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste. The list shall give priority to materials specified in s. 287.07 (3) that will support community recycling efforts.

27,3624 Section 3624 . 287.44 (1) of the statutes is amended to read: