AB100-ASA1,1169,75 (c) If the applicant sold at least $75,000 of that product during the preceding
6year for use in this state, an amount equal to 1.1% of gross revenues from sales of the
7product during the preceding year for use in this state.
AB100-ASA1,1169,13 8(3m) Wood preservatives; cleanup surcharge. An applicant for a license
9under s. 94.68 shall pay an environmental cleanup surcharge for each pesticide
10product that is not a household pesticide and is solely labeled for use on wood and
11contains pentachlorophenol, coal tar creosote or inorganic arsenical wood
12preservatives that the applicant sells or distributes in this state. Except as provided
13in sub. (6), the amount of the surcharge is as follows:
AB100-ASA1,1169,1514 (a) If the applicant sold less than $25,000 of the product during the preceding
15year for use in this state, $5.
AB100-ASA1,1169,1716 (b) If the applicant sold at least $25,000 but less than $75,000 of that product
17during the preceding year for use in this state, $170.
AB100-ASA1,1169,2018 (c) If the applicant sold at least $75,000 of that product during the preceding
19year for use in this state, an amount equal to 1.1% of gross revenues from sales of the
20product during the preceding year for use in this state.
AB100-ASA1,1169,22 21(4) Primary producers; well compensation fee. A primary producer applying
22for a license under s. 94.68 shall pay a well compensation fee of $150.
AB100-ASA1,1170,2 23(5) Unreported pesticide; increased license fee. If a person applying for or
24holding a license under s. 94.68 sells or distributes a pesticide product for use in this

1state without having filed a report for the product under s. 94.68 (2) (a) 2. or (3), the
2license fee for that product is twice the amount determined under sub. (2).
AB100-ASA1,1170,5 3(6) Discontinued pesticide; final license fee and cleanup surcharge. (a) A
4person holding a license under s. 94.68 who stops selling or distributing a pesticide
5product for use in this state shall do all of the following:
AB100-ASA1,1170,76 1. Notify the department by December 31 of the year in which the person stops
7selling or distributing the pesticide product for use in this state.
AB100-ASA1,1170,148 2. By March 31 of the year following the year in which the person stopped
9selling or distributing the pesticide product for use in this state, file a report with the
10department showing the gross revenue that the person derived from the sale of the
11pesticide product for use in this state from October 1 of the year before the year in
12which the person stopped selling or distributing the pesticide product to December
1331 of the year in which the person stopped selling or distributing the pesticide
14product.
AB100-ASA1,1170,1815 3. By March 31 of the year following the year in which the person stopped
16selling or distributing the pesticide product for use in this state, pay a final license
17fee for the pesticide product, calculated under sub. (2) based on the sales of the
18pesticide product during the period specified in subd. 2.
AB100-ASA1,1170,2119 4. If the product is a nonhousehold pesticide, pay a final agricultural chemical
20cleanup surcharge calculated under sub. (3) based on sales of the product during the
21period specified in subd. 2.
AB100-ASA1,1170,2422 5. If the product is a wood preservative to which sub. (3m) applies, pay a final
23environmental cleanup surcharge calculated under sub. (3m) based on sales of the
24product during the period specified in subd. 2.
AB100-ASA1,1170,2525 (b) The department may not disclose information obtained under par. (a) 2.
AB100-ASA1,1171,3
1(7) Use of fees and surcharges. (a) License fees. The department shall deposit
2all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical
3management fund except as follows:
AB100-ASA1,1171,64 1. The department shall deposit an amount equal to $94 for each pesticide
5product for which an applicant pays a license fee in the environmental fund for
6environmental management.
AB100-ASA1,1171,97 2. The department shall deposit a hazardous household waste collection and
8disposal fee of $30 for each household pesticide product for which an applicant pays
9a license fee in the environmental fund for environmental management.
AB100-ASA1,1171,1210 (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit
11the surcharges collected under subs. (3) and (6) (a) 4. in the agricultural chemical
12cleanup fund.
AB100-ASA1,1171,1513 (bm) Wood preservatives; cleanups surcharge. The department shall deposit
14the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund
15for environmental management.
AB100-ASA1,1171,1816 (c) Well compensation fee. The department shall deposit the well compensation
17fees collected under sub. (4) in the environmental fund for environmental
18management.
AB100-ASA1,1171,22 19(8) Fees and surcharges nonrefundable. The department may not refund a
20fee or surcharge under this section after the department issues a license under s.
2194.68 to the person who paid the fee or surcharge, unless the fee or surcharge was
22not properly charged or collected.
AB100-ASA1, s. 1958 23Section 1958. 94.685 (2) of the statutes is repealed and recreated to read:
AB100-ASA1,1172,424 94.685 (2) (a) A dealer or distributor applying for an annual license under sub.
25(1) shall apply on a form provided by the department. The application shall include

1the applicant's full name and the mailing address and street address of each business
2location from which the applicant sells, or intends to sell, restricted-use pesticides.
3The applicant shall submit the license fee and surcharge required under sub. (3) with
4the application.
AB100-ASA1,1172,75 (b) No dealer or distributor may sell any restricted-use pesticide from a sales
6location opened during a license year until that dealer or distributor pays the license
7fee and surcharge required under sub. (3) for the new location.
AB100-ASA1, s. 1959 8Section 1959. 94.685 (3) of the statutes is repealed and recreated to read:
AB100-ASA1,1172,119 94.685 (3) (a) A dealer or distributor shall pay the following annual license fee
10and surcharge for each location from which the dealer or distributor sells
11restricted-use pesticides:
AB100-ASA1,1172,1212 1. A license fee of $60.
AB100-ASA1,1172,1613 2. An agricultural chemical cleanup surcharge of $40, unless the department
14establishes a lower surcharge under s. 94.73 (15), except that the dealer or
15distributor need not pay the surcharge for the license years that begin on January
161, 1999, and on January 1, 2000.
AB100-ASA1,1172,1817 (b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical
18management fund.
AB100-ASA1,1172,2019 2. The department shall deposit the surcharge collected under par. (a) 2. in the
20agricultural chemical cleanup fund.
AB100-ASA1, s. 1960 21Section 1960. 94.702 (3m) of the statutes is created to read:
AB100-ASA1,1172,2322 94.702 (3m) The department shall deposit the fees collected under sub. (3) in
23the agrichemical management fund.
AB100-ASA1, s. 1961 24Section 1961. 94.703 (3) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,1173,4
194.703 (3) (a) A person applying for an annual license under this section shall
2pay the following annual license fee and surcharge for each business location that
3the person operates in this state, including each business location added during the
4license year:
AB100-ASA1,1173,55 1. A license fee of $70.
AB100-ASA1,1173,96 2. An agricultural chemical cleanup surcharge of $55, unless the department
7establishes a lower surcharge under s. 94.73 (15), except that the person need not pay
8the surcharge for the license years that begin on January 1, 1999, and on January
91, 2000.
AB100-ASA1, s. 1962 10Section 1962. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and
11amended to read:
AB100-ASA1,1173,1312 94.703 (3) (c) 1. The department shall deposit the fees collected under this
13subsection
par. (a) 1. in the agrichemical management fund.
AB100-ASA1, s. 1963 14Section 1963. 94.703 (3) (c) 2. of the statutes is created to read:
AB100-ASA1,1173,1615 94.703 (3) (c) 2. The department shall deposit surcharges collected under par.
16(a) 2. in the agricultural chemical cleanup fund.
AB100-ASA1, s. 1964 17Section 1964. 94.704 (2) (intro.) of the statutes is amended to read:
AB100-ASA1,1173,2218 94.704 (2) (intro.) An application for a license under this section shall be
19submitted on a form provided by the department and shall be accompanied by the
20license fee and surcharge required under sub. (3). A license application shall include
21all of the following information, which shall be promptly updated by the licensee in
22the event of any change during the license period:
AB100-ASA1, s. 1965 23Section 1965. 94.704 (3) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,1173,2524 94.704 (3) (a) Except as provided in par. (b), a person applying for an annual
25license under this section shall pay the following license fee and surcharge:
AB100-ASA1,1174,2
11. A license fee of $40, except that the license fee is $30 for the license years that
2begin on January 1, 1999, and on January 1, 2000.
AB100-ASA1,1174,63 2. An agricultural chemical cleanup surcharge of $20, unless the department
4establishes a lower surcharge under s. 94.73 (15), except that the person need not pay
5the surcharge for the license years that begin on January 1, 1999, and on January
61, 2000.
AB100-ASA1, s. 1966 7Section 1966. 94.704 (3) (c) of the statutes is created to read:
AB100-ASA1,1174,98 94.704 (3) (c) 1. The department shall deposit license fees collected under par.
9(a) 1. in the agrichemical management fund.
AB100-ASA1,1174,1110 2. The department shall deposit the surcharges collected under par. (a) 2. in the
11agricultural chemical cleanup fund.
AB100-ASA1, s. 1967 12Section 1967. 94.72 (6) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,1174,1513 94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a
14person required to be licensed under sub. (5) shall pay the following annual
15inspection fees on all commercial feeds distributed in this state:
AB100-ASA1,1174,1716 1. For commercial feeds distributed in this state during the years that begin
17on January 1, 1998, and on January 1, 1999, 15 cents per ton.
AB100-ASA1,1174,1918 2. For commercial feeds distributed in this state on or after January 1, 2000,
1925 cents per ton.
AB100-ASA1, s. 1968 20Section 1968. 94.72 (6) (am) of the statutes is created to read:
AB100-ASA1,1175,221 94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February
22annually, a person who is required to be licensed under sub. (5) shall file a tonnage
23report with the department showing the number of net tons of commercial feed that
24the person sold or distributed in this state during the preceding calendar year. By
25the last day of February annually, the person shall also pay the fees under par. (a)

1for commercial feed that the person sold or distributed in this state during the
2preceding calendar year, based on the tonnage report.
AB100-ASA1,1175,53 2. At the request of the department, a person filing a tonnage report under
4subd. 1. shall make the records upon which the tonnage report is based available to
5the department for inspection, copying and audit.
AB100-ASA1,1175,76 3. The department may not disclose information obtained from a tonnage
7report under subd. 1.
AB100-ASA1, s. 1969 8Section 1969. 94.73 (1) (g) of the statutes is amended to read:
AB100-ASA1,1175,119 94.73 (1) (g) "Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a)
102., except that it does not include pentachlorophenol, inorganic arsenical wood
11preservatives and coal tar creosote
94.681 (1) (c).
AB100-ASA1, s. 1970 12Section 1970. 94.73 (2) (c) of the statutes is amended to read:
AB100-ASA1,1175,2313 94.73 (2) (c) The department may issue an order under par. (a) on a summary
14basis without prior notice or a prior hearing if the department determines that a
15summary order is necessary to prevent imminent harm to public health or safety or
16to the environment. If the recipient of a summary order requests a hearing on that
17order, the department shall hold a hearing within 10 days after it receives the
18request unless the recipient agrees to a later hearing date. The department is not
19required to stay enforcement of a summary order issued under this paragraph
20pending the outcome of the hearing. If the responsible person prevails after a
21hearing, the department shall reimburse the responsible person from the
22appropriation under s. 20.115 (7) (e) or (w) (wm) for the corrective action costs
23incurred as the result of the department's order.
AB100-ASA1, s. 2532m 24Section 2532m. 94.73 (3) (a) of the statutes is amended to read:
AB100-ASA1,1176,3
194.73 (3) (a) The applicant submits an application that complies with sub. (5)
2within 3 years after incurring the corrective action costs or after the effective date
3of this paragraph .... [revisor inserts date], whichever is later
.
AB100-ASA1, s. 1971 4Section 1971. 94.73 (3m) (r) of the statutes is amended to read:
AB100-ASA1,1176,95 94.73 (3m) (r) The cost of providing alternative sources of drinking water,
6except that, subject to sub. (6) (b) to (e) (f), the department may reimburse a
7responsible person who applies for reimbursement a total of not more than $20,000
8for the replacement of private wells if the department or the department of natural
9resources orders the well replacement in response to a discharge.
AB100-ASA1, s. 1972 10Section 1972. 94.73 (4) (a) of the statutes is amended to read:
AB100-ASA1,1176,1411 94.73 (4) (a) Except as provided in par. (d), no responsible person may receive
12reimbursement for corrective action costs exceeding $20,000 $7,500 unless the
13responsible person submits to the department in writing, and the department
14approves, a work plan for the corrective action before the corrective action is taken.
AB100-ASA1, s. 1973 15Section 1973. 94.73 (5) (e) of the statutes is amended to read:
AB100-ASA1,1177,216 94.73 (5) (e) No person may make a false statement or misrepresentation on
17an application submitted under this section. A person who makes a false statement
18or misrepresentation on an application related to a corrective action is ineligible for
19reimbursement related to that corrective action and is ineligible for any
20reimbursement related to any other corrective action taken or ordered within 5 years
21after the date of the false statement or misrepresentation. If the responsible person
22has received any reimbursement for which the responsible person is ineligible under
23this paragraph, the responsible person shall refund the full amount of that
24reimbursement to the department. The amounts refunded to the department under

1this paragraph shall be deposited in the agrichemical management agricultural
2chemical cleanup
fund.
AB100-ASA1, s. 2537c 3Section 2537c. 94.73 (6) (b) 2. of the statutes is amended to read:
AB100-ASA1,1177,84 94.73 (6) (b) 2. If the corrective action includes groundwater remediation
5ordered by the department under sub. (2) or by the department of natural resources
6under s. 292.11 (7) (c) or if the criteria in rules promulgated under par. (g) are
7satisfied
, 80% of the corrective action costs that exceed $100,000 but that do not
8exceed $300,000 $400,000.
AB100-ASA1, s. 2537e 9Section 2537e. 94.73 (6) (c) of the statutes is amended to read:
AB100-ASA1,1177,1910 94.73 (6) (c) Except as provided in par. (e) or (f), if the department has
11previously reimbursed any responsible person for corrective action costs for the
12discharge site for which reimbursement is sought, the department shall reimburse
13the responsible person an amount equal to 50% of the corrective action costs that
14exceed $15,000 but that do not exceed $100,000, except that if the corrective action
15includes groundwater remediation ordered by the department under sub. (2) or by
16the department of natural resources under s. 292.11 (7) (c) or if the criteria in rules
17promulgated under par. (g) are satisfied,
the department shall reimburse the
18responsible person an amount equal to 50% of the corrective action costs that exceed
19$15,000 but that do not exceed $300,000 $400,000.
AB100-ASA1, s. 2538b 20Section 2538b. 94.73 (6) (d) of the statutes is amended to read:
AB100-ASA1,1177,2521 94.73 (6) (d) If Subject to par. (f), if the corrective action is related to a discharge
22that occurred in the course of transporting an agricultural chemical, the
23reimbursement under par. (b) is limited to 75% of the corrective action costs that
24exceed $7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that
25exceed $3,000 for any other person but that do not exceed $50,000.
AB100-ASA1, s. 2539b
1Section 2539b. 94.73 (6) (e) of the statutes is amended to read:
AB100-ASA1,1178,52 94.73 (6) (e) If Subject to par. (f), if the corrective action is related to a discharge
3that occurred in the course of transporting an agricultural chemical, the
4reimbursement under par. (c) is limited to 50% of the corrective action costs that
5exceed $15,000 but that do not exceed $50,000.
AB100-ASA1, s. 2539d 6Section 2539d. 94.73 (6) (f) of the statutes is created to read:
AB100-ASA1,1178,117 94.73 (6) (f) The department may not provide reimbursement under this
8section for corrective action costs that exceed $400,000 for any discharge site. For
9the purpose of this paragraph, a discharge that occurred in the course of transporting
10an agricultural chemical is considered to have occurred at the site belonging to, or
11operated by, the person transporting the agricultural chemical.
AB100-ASA1, s. 2539h 12Section 2539h. 94.73 (6) (g) of the statutes is created to read:
AB100-ASA1,1178,1913 94.73 (6) (g) The department may promulgate rules under which it may provide
14reimbursement under pars. (b) and (c) for corrective action costs that exceed
15$100,000 at a site at which groundwater remediation is not ordered if the applicant
16obtains the approval of the department before incurring the costs and if the
17contamination is extensive or complex cleanup strategies are required. The rules
18shall establish criteria for exceeding the $100,000 limit, such as the size of the area
19contaminated or the type of agricultural chemical that is involved.
AB100-ASA1, s. 1974 20Section 1974. 94.73 (7) of the statutes is repealed and recreated to read:
AB100-ASA1,1179,421 94.73 (7) Payment. (a) The department may make payments to a responsible
22person who is eligible for reimbursement under sub. (3) if the department has
23authorized reimbursement to that person under sub. (6). The department shall
24make payment from the appropriation accounts under s. 20.115 (7) (e) and (wm),
25subject to the availability of funds in those appropriation accounts. If there are

1insufficient funds to pay the full amounts authorized under sub. (6) to all eligible
2responsible persons, the department shall distribute payments in the order in which
3applications were received, unless the department specifies, by rule, a different order
4of payment.
AB100-ASA1,1179,95 (b) The department may promulgate rules specifying the procedure by which,
6and the order in which, it will distribute payments under par. (a). The department
7may establish distribution priorities or formulas based on the severity of
8contamination, the time elapsed since corrective action costs were incurred or other
9factors that the department considers appropriate.
AB100-ASA1, s. 1975 10Section 1975. 94.73 (8) of the statutes is amended to read:
AB100-ASA1,1179,1611 94.73 (8) Subrogation. The department is entitled to the right of subrogation
12for the reimbursement of corrective action costs to the extent that a responsible
13person who receives reimbursement of corrective action costs may recover the costs
14from a 3rd party. The amounts collected by the department under this subsection
15shall be deposited in the agrichemical management agricultural chemical cleanup
16fund.
AB100-ASA1, s. 1976 17Section 1976. 94.73 (13) of the statutes is amended to read:
AB100-ASA1,1179,2118 94.73 (13) Penalty. Any person who violates an order issued by the department
19under
this section or an order issued or rule promulgated under this section shall
20forfeit not less than $10 nor more than $5,000 for each violation. Each day of
21continued violation is a separate offense.
AB100-ASA1, s. 1977 22Section 1977. 94.73 (15) of the statutes is created to read:
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