AB100-engrossed,1758,2322
283.33
(9) (c) All moneys collected under par. (a) shall be credited to the
23appropriation under s. 20.370
(2) (4) (bj).
AB100-engrossed,1759,7
1283.84 Trading of water pollution credits. (1) The department shall
2administer at least one pilot project to evaluate the trading of water pollution credits.
3The department may only administer a pilot project if the pilot project is consistent
4with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to sub.
5(1m), a pilot project may authorize a person required to obtain a permit to increase
6the discharge of pollutants above levels that would otherwise be authorized in the
7permit if the person does one of the following:
AB100-engrossed,1759,118
(a) Reaches an agreement with another person who is required to obtain a
9permit under which the other person agrees to reduce the discharge of pollutants in
10the project area below the levels that would otherwise be authorized in the other
11person's permit.
AB100-engrossed,1759,1512
(b) Reaches an agreement with another person who is not required to obtain
13a permit under which the other person agrees to reduce the amount of water
14pollution that it causes in the project area below the levels of water pollution that it
15causes in the project area when the agreement is reached.
AB100-engrossed,1759,1916
(c) Reaches an agreement with the department or a local governmental unit,
17as defined in s. 16.97 (7), under which the person pays money to the department or
18local governmental unit and the department or local governmental unit uses the
19money to reduce water pollution in the project area.
AB100-engrossed,1759,22
20(1m) A pilot project may authorize a person to increase a discharge of
21pollutants above levels that would otherwise be authorized in the permit only if all
22of the following apply:
AB100-engrossed,1759,2423
(a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in
24water quality.
AB100-engrossed,1760,3
1(b) The authorized increase in pollutants and the reduction in pollution
2provided for in the agreement under sub. (1) (a), (b) or (c) involve the same pollutant
3or the same water quality standard.
AB100-engrossed,1760,54
(c) The term of the agreement under sub. (1) (a), (b) or (c) is not more than 5
5years.
AB100-engrossed,1760,7
6(2) The department may select an area as a project area under this section only
7if all of the following apply:
AB100-engrossed,1760,108
(a) The area is the watershed or a portion of the watershed of an impaired water
9body that the department has identified to the federal environmental protection
10agency under
33 USC 1313 (d) (1) (A).
AB100-engrossed,1760,1211
(b) The area includes both agricultural and municipal sources of water
12pollution and both point sources and nonpoint sources.
AB100-engrossed,1760,1413
(c) Potential participants located in the area exhibit an interest in participating
14in a pilot project.
AB100-engrossed,1760,17
15(3) (a) The department shall appoint a local committee for each pilot project to
16advise the department concerning the pilot project. The local committee shall
17include representatives of persons in the project area who hold permits.
AB100-engrossed,1760,1918
(b) A committee appointed under s. 281.65 (4) (dr) satisfies the requirement
19under par. (a) if it includes the members required under par. (a).
AB100-engrossed,1760,22
20(3m) A person engaged in mining, as defined in s. 293.01 (9), prospecting, as
21defined in s. 293.01 (18), or nonmetallic mining, as defined in s.295.11 (3), may not
22enter into an agreement under sub. (1) (a), (b) or (c).
AB100-engrossed,1760,24
23(4) The department shall amend the permits of persons entering into
24agreements under sub. (1) to enable the agreements to be implemented.
AB100-engrossed,1761,2
1(4m) The department may not begin to administer a pilot project under this
2section after June 30, 1999.
AB100-engrossed,1761,7
3(5) Beginning no later than September 1, 1998, and annually thereafter, the
4department shall report to the governor, the secretary of administration and the land
5and water conservation board on the progress and status of each pilot project in
6achieving water quality goals and coordinating state and local efforts to improve
7water quality.
AB100-engrossed,1761,109
285.30
(5) (b) A motor vehicle with a gross vehicle weight rating exceeding
1014,000 10,000 pounds, as determined by the manufacturer of the vehicle.
AB100-engrossed,1761,1312
285.30
(5) (i) A farm truck as defined in s. 340.01 (18) (a).
This paragraph does
13not apply after June 30, 1996.
AB100-engrossed, s. 3609
15Section
3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and
16amended to read:
AB100-engrossed,1761,1817
285.59
(1) (title)
Definition Definitions. (intro.) In this section
,
18"ozone-depleting:
AB100-engrossed,1761,19
19(a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
AB100-engrossed,1762,221
285.59
(1) (b) "State agency" means any office, department, agency, institution
22of higher education, association, society or other body in state government created
23or authorized to be created by the constitution or any law which is entitled to expend
24moneys appropriated by law, including the legislature and the courts, the Wisconsin
25Housing and Economic Development Authority, the Bradley Center Sports and
1Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
2Authority and the Wisconsin Health and Educational Facilities Authority.
AB100-engrossed,1762,94
285.59
(2) Salvaging refrigeration equipment. (intro.) After June 30, 1992,
5except as provided in sub. (3), no person, including a state agency,
as defined in s.
6234.75 (10), may perform salvaging or dismantling of mechanical vapor compression
7refrigeration equipment in the course of which ozone-depleting refrigerant is or may
8be released or removed unless the person certifies all of the following to the
9department:
AB100-engrossed,1762,1311
285.69
(2) (c) (intro.) The fees collected under par. (a) shall be credited to the
12appropriations under s. 20.370 (2) (bg)
and, (3) (bg), (8) (mg)
and (9) (mh) for the
13following:
AB100-engrossed,1762,2115
285.69
(3) Asbestos inspection fees. The department may promulgate rules
16for the payment and collection of fees for inspecting nonresidential asbestos
17demolition and renovation projects regulated by the department. The fees under this
18subsection may not exceed $200 per project. The fees collected under this subsection
19shall be credited to the appropriation under s. 20.370 (2)
(ei) (bi) for the direct and
20indirect costs of conducting inspections of nonresidential asbestos demolition and
21inspection projects regulated by the department.
AB100-engrossed,1763,723
287.09
(3) (b) Adopt an ordinance to enforce the program established under
24sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for
25violations of that ordinance. The ordinance may authorize the responsible unit or
1person designated under par. (a) to refuse to accept solid waste at the recycling
2facility or site if the solid waste is a container for
an industrial pesticide, as defined
3in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s.
94.68 (3) (a) 2. 94.681
4(1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible.
5The ordinance may require a person to use a facility for the recycling of solid waste
6or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only
7as provided under s. 287.13.
AB100-engrossed,1763,159
287.23
(1m) Financial assistance after the year 2000. No later than
10September 1, 1998, the department shall submit a proposal to the legislature that
11if enacted will carry out the intent of the legislature that this state continue at least
12through the year 2004 its practice of providing state financial assistance to
13municipalities, counties, other units of government, including federally recognized
14Indian tribes and bands in this state, and solid waste management systems for
15expenses relating to programs for the recycling of postconsumer waste.
AB100-engrossed,1763,2118
287.23
(5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other
19responsible units, the amount of the grant for 1993 through
1997 1999 equals either
2066% of the difference between eligible expenses and avoided disposal costs or $8
21times the population of the responsible unit, whichever is less.
AB100-engrossed,1764,2
1287.23
(5) (c) 5. If the amount calculated under subd.
1., 2.
, 3. or 4. is less than
233% of eligible expenses, the grant equals 33% of eligible expenses.
AB100-engrossed,1764,94
287.23
(5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.,
53. or 4., to pay $8 times the population of all of the responsible units that are entitled
6to that amount, the department shall distribute the funds so that each responsible
7unit that would be entitled to $6 times its population if the per person amount in sub.
8(5) (c) 2.
, 3. or 4. were $6 receives $6 times its population and shall prorate the
9remaining funds.
AB100-engrossed, s. 3632d
10Section 3632d. Subchapter III of chapter 287 [precedes 287.40] of the
11statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.
AB100-engrossed,1764,1613
287.41
(1) (a) Identification of priority recovered materials that will be the
14focus of market development efforts by the board.
The board shall focus its efforts
15on the reuse of materials recovered from solid waste as well as on the recycling of
16those materials.
AB100-engrossed,1764,2218
287.41
(3) The board shall submit quarterly progress reports to the appropriate
19standing committees of the legislature, as determined by the presiding officer of each
20house, under s. 13.172 (3), describing the board's progress in implementing the
21strategic plan and how the board's technical assistance,
awarding of financial
22assistance and other activities conform to the strategic plan.
AB100-engrossed,1764,2524
287.41
(4) The department of commerce shall use the strategic plan prepared
25and revised under this section to guide the activities of the board.
AB100-engrossed,1765,53
287.42
(3m) Contract with, and provide sufficient funding for, an existing
4materials exchange program to operate a statewide materials exchange program
5until December 31, 1999.
AB100-engrossed,1765,127
287.42
(5) In consultation with the council on recycling, annually establish a
8list of materials recovered from solid waste for which financial assistance may be
9provided under this subchapter, which shall include the materials specified in s.
10287.07 (3), based on the board's analysis of current and future markets for materials
11recovered from solid waste.
The list shall give priority to materials specified in s.
12287.07 (3) that will support community recycling efforts.
AB100-engrossed,1765,1414
287.44
(1) Provide Award financial assistance under s. 287.46.
AB100-engrossed,1765,1816
287.44
(2) Fund Award funding for research concerning markets for recovered
17materials and the development of markets for recovered materials to maintain
18present markets or to create new or expanded markets.
AB100-engrossed,1765,2120
287.44
(3) Fund Award funding for research to improve the recovery,
21processing or distribution of a recovered material.
AB100-engrossed,1766,323
287.46
(1) The board may
provide
award financial assistance, directly or in
24cooperation with another person, to a governmental entity or a business entity to
25assist waste generators in the marketing of recovered materials or to develop
1markets for recovered materials. Forms of financial assistance
provided awarded by
2the board, and by a recipient of financial assistance
from awarded by the board, may
3include grants, loans and manufacturing rebates.
AB100-engrossed,1766,105
287.46
(3) If the board awards assistance under sub. (1) that results in a loan
6being made by the recipient to another person, the board may direct that the
7repayments of the loan's principal and any interest either be repaid to the recipient
8for use in a revolving loan fund or
returned to the board be repaid to the department
9of commerce. The
board department of commerce shall credit any funds received
10under this subsection to the appropriation
account under s. 20.143 (1) (L).
AB100-engrossed,1766,1613
287.46
(4) (b) In any biennium, the
board department of commerce may not
14expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
15biennium for contracts with and financial assistance to responsible units and other
16local units of government.
AB100-engrossed,1766,2218
287.46
(4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
19department of commerce shall provide financial assistance awarded by the board
20under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
21(tm), the department of commerce shall pay contracts entered into by the board
22under s. 287.42 (3).
AB100-engrossed,1767,2
24287.48 Executive director for the board. The
governor shall nominate, and
25with the advice and consent of the senate appoint, secretary of commerce shall
1appoint an executive director of the board outside of the classified service, to serve
2at the pleasure of the
governor secretary of commerce.
AB100-engrossed,1767,185
289.05
(2) With the advice and comment of the metallic mining council, the The 6department shall promulgate rules for the identification and regulation of metallic
7mining wastes. The rules promulgated to identify metallic mining wastes and to
8regulate the location, design, construction, operation and maintenance of facilities
9for the disposal of metallic mining wastes shall be in accordance with any or all of
10the provisions under this chapter and chs. 30 and 283. The rules shall take into
11consideration the special requirements of metallic mining operations in the location,
12design, construction, operation and maintenance of facilities for the disposal of
13metallic mining wastes as well as any special environmental concerns that will arise
14as a result of the disposal of metallic mining wastes. In promulgating the rules, the
15department shall give consideration to research, studies, data and recommendations
16of the U.S. environmental protection agency on the subject of metallic mining wastes
17arising from the agency's efforts to implement the resource conservation and
18recovery act.
AB100-engrossed,1767,2221
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
22appropriation appropriations under s. 20.370 (2) (dg)
and (9) (mj).
AB100-engrossed,1767,2524
289.55
(1) (b) "Tire dump" means any location that is used for storing or
25disposing of waste tires
or solid waste resulting from manufacturing tires.
AB100-engrossed,1768,142
289.55
(2) Department authority; abatement. If the department determines
3that a tire dump is a nuisance, it shall notify the person responsible for the nuisance
4and request that the
waste tires
or the solid waste resulting from manufacturing
5tires be processed or removed within a specified period. If the person fails to take the
6requested action within the specified period, the department shall order the person
7to abate the nuisance within a specified period. If the person responsible for the
8nuisance is not the owner of the property on which the tire dump is located, the
9department may order the property owner to permit abatement of the nuisance. If
10the person responsible for the nuisance fails to comply with the order, the
11department may take any action necessary to abate the nuisance, including entering
12the property where the tire dump is located and confiscating the waste tires
or the
13solid waste resulting from manufacturing tires, or arranging to have the waste tires
14or the solid waste resulting from manufacturing tires processed or removed.
AB100-engrossed,1768,1716
289.62
(1) (g)
Use of tonnage fees. Tonnage fees paid by a nonapproved facility
17shall be paid into the environmental fund for environmental
repair management.