Amendment ASA1-AB100

AB100-ASA1,1166,14 2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.:

AB100-ASA1,1166,16 a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

AB100-ASA1,1166,17 b. Paints, varnishes, other coating products, lubricants or fuels.

AB100-ASA1,1166,19 c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

AB100-ASA1,1166,22 d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

AB100-ASA1,1166,23 e. Air washing, cooling or heat transfer systems.

AB100-ASA1,1166,24 f. Medical equipment.

AB100-ASA1,1166,25 g. Drinking water or wastewater systems.

AB100-ASA1,1167,2 (c) "Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

AB100-ASA1,1167,4 (d) "Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which a license is sought under s. 94.68.

AB100-ASA1,1167,6 (e) "Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

AB100-ASA1,1167,10 (2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

AB100-ASA1,1167,11 (a) For each household pesticide product:

AB100-ASA1,1167,14 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1167,17 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1167,20 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1167,21 (b) For each industrial pesticide product:

AB100-ASA1,1167,24 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1168,3 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1168,6 3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1168,7 (c) For each nonhousehold pesticide product:

AB100-ASA1,1168,10 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1168,13 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1168,19 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.

AB100-ASA1,1168,25 (3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, an applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows:

AB100-ASA1,1169,2 (a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.

AB100-ASA1,1169,4 (b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.

AB100-ASA1,1169,7 (c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.

AB100-ASA1,1169,13 (3m) Wood preservatives; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an environmental cleanup surcharge for each pesticide product that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives that the applicant sells or distributes in this state. Except as provided in sub. (6), the amount of the surcharge is as follows:

AB100-ASA1,1169,15 (a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.

AB100-ASA1,1169,17 (b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.

AB100-ASA1,1169,20 (c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.

AB100-ASA1,1169,22 (4) Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150.

AB100-ASA1,1170,2 (5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (a) 2. or (3), the license fee for that product is twice the amount determined under sub. (2).

AB100-ASA1,1170,5 (6) Discontinued pesticide; final license fee and cleanup surcharge. (a) A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:

AB100-ASA1,1170,7 1. Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.

AB100-ASA1,1170,14 2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.

AB100-ASA1,1170,18 3. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under sub. (2) based on the sales of the pesticide product during the period specified in subd. 2.

AB100-ASA1,1170,21 4. If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of the product during the period specified in subd. 2.

AB100-ASA1,1170,24 5. If the product is a wood preservative to which sub. (3m) applies, pay a final environmental cleanup surcharge calculated under sub. (3m) based on sales of the product during the period specified in subd. 2.

AB100-ASA1,1170,25 (b) The department may not disclose information obtained under par. (a) 2.

AB100-ASA1,1171,3 (7) Use of fees and surcharges. (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical management fund except as follows:

AB100-ASA1,1171,6 1. The department shall deposit an amount equal to $94 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB100-ASA1,1171,9 2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB100-ASA1,1171,12 (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (a) 4. in the agricultural chemical cleanup fund.

AB100-ASA1,1171,15 (bm) Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund for environmental management.

AB100-ASA1,1171,18 (c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.

AB100-ASA1,1171,22 (8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

AB100-ASA1, s. 1958 Section 1958. 94.685 (2) of the statutes is repealed and recreated to read:

AB100-ASA1,1172,4 94.685 (2) (a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.

AB100-ASA1,1172,7 (b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.

AB100-ASA1, s. 1959 Section 1959. 94.685 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1172,11 94.685 (3) (a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:

AB100-ASA1,1172,12 1. A license fee of $60.

AB100-ASA1,1172,16 2. An agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1172,18 (b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB100-ASA1,1172,20 2. The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1960 Section 1960. 94.702 (3m) of the statutes is created to read:

AB100-ASA1,1172,23 94.702 (3m) The department shall deposit the fees collected under sub. (3) in the agrichemical management fund.

AB100-ASA1, s. 1961 Section 1961. 94.703 (3) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1173,4 94.703 (3) (a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:

AB100-ASA1,1173,5 1. A license fee of $70.

AB100-ASA1,1173,9 2. An agricultural chemical cleanup surcharge of $55, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1, s. 1962 Section 1962. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and amended to read:

AB100-ASA1,1173,13 94.703 (3) (c) 1. The department shall deposit the fees collected under this subsection par. (a) 1. in the agrichemical management fund.

AB100-ASA1, s. 1963 Section 1963. 94.703 (3) (c) 2. of the statutes is created to read:

AB100-ASA1,1173,16 94.703 (3) (c) 2. The department shall deposit surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1964 Section 1964. 94.704 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1173,22 94.704 (2) (intro.) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:

AB100-ASA1, s. 1965 Section 1965. 94.704 (3) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1173,25 94.704 (3) (a) Except as provided in par. (b), a person applying for an annual license under this section shall pay the following license fee and surcharge:

AB100-ASA1,1174,2 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1174,6 2. An agricultural chemical cleanup surcharge of $20, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1, s. 1966 Section 1966. 94.704 (3) (c) of the statutes is created to read:

AB100-ASA1,1174,9 94.704 (3) (c) 1. The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.

AB100-ASA1,1174,11 2. The department shall deposit the surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1967 Section 1967. 94.72 (6) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1174,15 94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a person required to be licensed under sub. (5) shall pay the following annual inspection fees on all commercial feeds distributed in this state:

AB100-ASA1,1174,17 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15 cents per ton.

AB100-ASA1,1174,19 2. For commercial feeds distributed in this state on or after January 1, 2000, 25 cents per ton.

AB100-ASA1, s. 1968 Section 1968. 94.72 (6) (am) of the statutes is created to read:

AB100-ASA1,1175,2 94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February annually, a person who is required to be licensed under sub. (5) shall file a tonnage report with the department showing the number of net tons of commercial feed that the person sold or distributed in this state during the preceding calendar year. By the last day of February annually, the person shall also pay the fees under par. (a) for commercial feed that the person sold or distributed in this state during the preceding calendar year, based on the tonnage report.

AB100-ASA1,1175,5 2. At the request of the department, a person filing a tonnage report under subd. 1. shall make the records upon which the tonnage report is based available to the department for inspection, copying and audit.

AB100-ASA1,1175,7 3. The department may not disclose information obtained from a tonnage report under subd. 1.

AB100-ASA1, s. 1969 Section 1969. 94.73 (1) (g) of the statutes is amended to read:

AB100-ASA1,1175,11 94.73 (1) (g) "Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a) 2., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote 94.681 (1) (c).

AB100-ASA1, s. 1970 Section 1970. 94.73 (2) (c) of the statutes is amended to read:

AB100-ASA1,1175,23 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (w) (wm) for the corrective action costs incurred as the result of the department's order.

AB100-ASA1, s. 2532m Section 2532m. 94.73 (3) (a) of the statutes is amended to read: