287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).
27,3631d
Section 3631d. 287.48 of the statutes is amended to read:
287.48 Executive director for the board. The governor shall nominate, and with the advice and consent of the senate appoint, secretary of commerce shall appoint an executive director of the board outside of the classified service, to serve at the pleasure of the governor
secretary of commerce.
27,3632
Section 3632
. 287.49 of the statutes is repealed.
27,3636m
Section 3636m. 289.05 (2) of the statutes is amended to read:
289.05 (2) With the advice and comment of the metallic mining council, the The department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30 and 283. The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining
wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency's efforts to implement the resource conservation and recovery act.
27,3636p
Section 3636p. 289.08 of the statutes is repealed.
27,3637
Section 3637
. 289.43 (7) (e) 3. of the statutes is amended to read:
289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation
appropriations under s. 20.370 (2) (dg) and (9) (mj).
27,3637m
Section 3637m. 289.55 (1) (b) of the statutes is amended to read:
289.55 (1) (b) “Tire dump" means any location that is used for storing or disposing of waste tires or solid waste resulting from manufacturing tires.
27,3637n
Section 3637n. 289.55 (2) of the statutes is amended to read:
289.55 (2) Department authority; abatement. If the department determines that a tire dump is a nuisance, it shall notify the person responsible for the nuisance and request that the waste tires or the solid waste resulting from manufacturing tires be processed or removed within a specified period. If the person fails to take the requested action within the specified period, the department shall order the person to abate the nuisance within a specified period. If the person responsible for the nuisance is not the owner of the property on which the tire dump is located, the department may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, the department may take any action necessary to abate the nuisance, including entering the property where the tire dump is located and confiscating the waste tires or the solid waste resulting from manufacturing tires, or arranging to have the waste tires or the solid waste resulting from manufacturing tires processed or removed.
27,3638
Section 3638
. 289.62 (1) (g) of the statutes is amended to read:
289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility shall be paid into the environmental fund for environmental repair management.
27,3638m
Section 3638m. 289.63 (title), (1) and (2) of the statutes are amended to read:
289.63 (title) Groundwater, solid waste capacity and well compensation fees. (1) (title) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under 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 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 s. 289.62 (1).
(2) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the groundwater, solid waste capacity and well compensation fees from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility during the preceding reporting period.
27,3638mg
Section 3638mg. 289.63 (3) (title) of the statutes is amended to read:
289.63 (3) (title) Amount of groundwater, solid waste capacity and well compensation fees.
27,3639
Section 3639
. 289.63 (3) (b) of the statutes is amended to read:
289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent
4 cents per ton.
27,3640gc
Section 3640gc. 289.63 (3) (c) and (d) of the statutes are repealed.
27,3640ge
Section 3640ge. 289.63 (5), (6), (7), (8) and (9) (title) and (a) of the statutes are amended to read:
289.63 (5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under sub. (2) are in addition to the tonnage fee imposed under s. 289.62 (1), the environmental repair base fee imposed under s. 289.67 (3) and the environmental repair surcharge imposed under s. 289.67 (4).
(6) (title) 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 sub. (1), except that foundry sands or shredder fluff approved for use under s. 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.
(7) Reporting period. The reporting period under this section is the same as the reporting period under 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 sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.
(8) (title) Use of groundwater
, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater environmental management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair management.
(9) (title) Failure to pay groundwater
, solid waste capacity and well compensation fees. (a) If a person required under 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 sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).
27,3640gg
Section 3640gg. 289.65 of the statutes is repealed.
27,3640gk
Section 3640gk.
289.66 of the statutes is repealed.
27,3640gm
Section 3640gm. 289.67 (1) (e) of the statutes is amended to read:
289.67 (1) (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. 289.62 (1) and the groundwater, solid waste capacity and well compensation fees imposed under s. 289.63.
27,3641
Section 3641
. 289.67 (1) (h) of the statutes is amended to read:
289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.
27,3642
Section 3642
. 289.67 (2) (c) 5. of the statutes is created to read:
289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in s. 94.67 (25).
27,3643
Section 3643
. 289.67 (2) (e) of the statutes is amended to read:
289.67 (2) (e) All moneys received under this subsection shall be credited to the environmental fund for environmental repair management.
27,3644
Section 3644
. 289.67 (3) (c) of the statutes is amended to read:
289.67 (3) (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental repair management.
27,3645
Section 3645
. 289.67 (4) (c) of the statutes is amended to read:
289.67 (4) (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental repair management.
27,3649
Section 3649
. 292.01 (18) of the statutes is amended to read:
292.01 (18) “Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.
27,3650
Section 3650
. 292.11 (6) (c) 1. of the statutes is amended to read:
292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.
27,3651
Section 3651
. 292.11 (7) (d) of the statutes is created to read:
292.11 (7) (d) 1. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a person who possesses or controls a hazardous substance that was discharged or who caused the discharge of a hazardous substance if the discharge does not endanger public health.
2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1.
27,3652
Section 3652
. 292.11 (7) (e) of the statutes is created to read:
292.11 (7) (e) If a person violates an order under par. (c) or an agreement under par. (d), the department may refer the matter to the department of justice for enforcement under s. 299.95.
27,3654
Section 3654
. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
292.11 (9) (e) 1. “Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4) or a housing authority.
27,3655
Section 3655
. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality before, on or after May 13, 1994, in local government unit if any of the following ways applies:
27,3655m
Section 3655m. 292.11 (9) (e) 1m. a. of the statutes is amended to read:
292.11 (9) (e) 1m. a. Through
The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.
27,3656
Section 3656
. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
292.11 (9) (e) 1m. b. From a municipality The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in subd. 1m. a.
27,3656e
Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:
292.11 (9) (e) 1m. c. The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.
d. The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.
27,3657
Section 3657
. 292.11 (9) (e) 1s. of the statutes is created to read:
292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.
27,3658
Section 3658
. 292.11 (9) (e) 2. of the statutes is amended to read:
292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:
a. An action taken by the municipality local governmental unit or corporation.
b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.
c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.
d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.
27,3659
Section 3659
. 292.11 (9) (e) 3. of the statutes is created to read:
292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.
27,3660
Section 3660
. 292.11 (9) (e) 4. of the statutes is created to read:
292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit or corporation to take that necessary action and the local governmental unit or corporation does not take that action as directed.
27,3660c
Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:
292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any of the following:
a. Respond to a discharge of a hazardous substance that poses an imminent threat to public health, safety or welfare or to the environment, on or off of the property.
b. Enter into an agreement with the department to conduct any necessary investigation and remediation activities at the property no later than 3 years after acquiring the property.
c. Allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take necessary action to respond to the discharge.
27,3660g
Section 3660g. 292.11 (9) (g) of the statutes is created to read:
292.11 (9) (g) 1. In this paragraph, “petroleum contaminated soil" means soil that is contaminated with materials derived from petroleum, natural gas or asphalt, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
2. A person is exempted from sub. (7) (b) and from the penalty requirements of this section if all of the following apply:
a. The person's act or omission was taken while performing services under contract with the department of transportation.
b. The act or omission involving the petroleum contaminated soil was consistent with the contract described in subd. 2. a. or was directed by the department of transportation.
3. Subd. 2. does not apply to any person:
a. Who brought petroleum contaminated soil onto the property or caused the soil to become petroleum contaminated soil.
b. Who is under a previous contract with a state agency other than the department of transportation to remove a hazardous substance from the property, or to treat a hazardous substance on the property.
c. Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
