1997 Wisconsin Act 60

(b) Specify additional materials that the owner or operator of a materials recovery facility must report under sub. (2) or (3).

(c) Exempt certain materials recovery facilities from all or a part of the reporting requirements of subs. (2) and (3) if the reports are not needed for the calculation of solid waste reuse or recycling rates under s. 287.19 (1) (a) 2.

60,10 Section 10 . 289.09 (1) of the statutes is amended to read:

289.09 (1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of this chapter and s. ss. 287.27 and 299.15 are public records subject to s. 19.21.

60,11 Section 11 . 289.09 (2) (a) 3. of the statutes is created to read:

289.09 (2) (a) 3. An owner or operator of a materials recovery facility, as defined in s. 287.27 (1), may seek confidential treatment of information submitted under s. 287.27 (3).

60,12 Section 12 . 289.09 (2) (b) and (d) of the statutes are amended to read:

289.09 (2) (b) Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility or materials recovery facility or by the licensed hauler as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or materials recovery facility or which would tend to adversely affect the competitive position of the owner or operator if made public.

(d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter and, ch. 287 or s. 299.15. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department of natural resources or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department of natural resources or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department of natural resources or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department of natural resources or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

60,13 Section 13 . 895.517 of the statutes is created to read:

895.517 Liability exemption: solid waste donation or sale. (1) In this section:

(a) “Charitable organization" has the meaning given in s. 895.51 (1) (b).

(b) “Municipality" has the meaning given in s. 289.01 (23).

(c) “Qualified food" has the meaning given in s. 895.51 (1) (e).

(d) “Responsible unit" has the meaning given in s. 287.01 (9).

(e) “Solid waste" has the meaning given in s. 289.01 (33).

(2) Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.

(3) This section does not apply if the death or injury was caused by wilful or wanton acts or omissions.

(4) This section does not apply to the sale or donation of qualified food.

60,14 Section 14 . Nonstatutory provisions.

(1)  Study of the future of solid waste management.

(a) The department of natural resources, in cooperation with the University of Wisconsin-Extension, shall study the future needs of solid waste management in this state. The study shall include an examination of methods to do all of the following:

1.  Improve the coordination and cost-effectiveness of solid waste management in this state.

2.  Increase the efficiency and effectiveness of current effective recycling programs under section 287.11 (2) of the statutes.

(b) On or before June 30, 1999, the secretary of natural resources and the chancellor of the University of Wisconsin-Extension shall submit the study report and any recommendations to the governor, and the chief clerk of each house of the legislature for distribution in the manner provided under section 13.172 (2) of the statutes.

60,15 Section 15 . Initial applicability.

(1) The treatment of section 895.517 of the statutes first applies to sales or donations occurring on the effective date of this subsection.

60,16m Section 16m.0 Effective dates. This act takes effect on the day after publication, except as follows:

(1) The treatment of section 287.11 (2) (dm) of the statutes takes effect retroactively to January 1, 1997.