SB77: Bill Text

SB77,1456,14 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in the action shall be whether the forfeiture has been paid.

SB77,1456,15 (6) Section 893.80 does not apply to actions commenced under this section.

SB77, s. 3604 Section 3604. 283.31 (7) of the statutes is amended to read:

SB77,1456,23 283.31 (7) The holder of a permit under this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

SB77, s. 3605 Section 3605. 283.33 (9) (c) of the statutes is amended to read:

SB77,1457,2 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (2) (4) (bj).

SB77, s. 3606 Section 3606. 283.84 of the statutes is created to read:

SB77,1457,8 283.84 Trading of water pollution credits. (1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. A pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:

SB77,1457,12 (a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.

SB77,1457,16 (b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.

SB77,1457,20 (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

SB77,1457,22 (2) The department may select a watershed or water basin as a project area under this section only if all of the following apply:

SB77,1457,25 (a) The watershed or water basin contains at least one impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

SB77,1458,2 (b) The watershed or water basin includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.

SB77,1458,4 (c) Potential participants located in the watershed or water basin exhibit an interest in participating in a pilot project.

SB77,1458,7 (3) 1. The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include a representative of each person in the project area who holds a permit.

SB77,1458,9 2. A committee appointed under s. 281.65 (4) (dr) satisfies the requirement under subd. 1. if it includes the members required under subd. 1.

SB77,1458,11 (4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.

SB77,1458,16 (5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.

SB77, s. 3607 Section 3607. 285.30 (5) (i) of the statutes is amended to read:

SB77,1458,19 285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does not apply after June 30, 1996.

SB77, s. 3608 Section 3608. 285.31 (5) of the statutes is repealed.

SB77, s. 3609 Section 3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and amended to read:

SB77,1458,23 285.59 (1) (title) Definition Definitions. In this section, "ozone-depleting:

SB77,1458,24 (a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

SB77, s. 3610 Section 3610. 285.59 (1) (b) of the statutes is created to read:

SB77,1459,7 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

SB77, s. 3611 Section 3611. 285.59 (2) (intro.) of the statutes is amended to read:

SB77,1459,14 285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

SB77, s. 3612 Section 3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:

SB77,1459,18 285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the following:

SB77, s. 3613 Section 3613. 285.69 (3) of the statutes is amended to read:

SB77,1460,2 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

SB77, s. 3614 Section 3614. 287.09 (3) (b) of the statutes is amended to read:

SB77,1460,13 287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

SB77, s. 3615 Section 3615. 287.23 (5) (c) 1. of the statutes is repealed.

SB77, s. 3616 Section 3616. 287.23 (5) (c) 2. of the statutes is amended to read:

SB77,1460,19 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

SB77, s. 3617 Section 3617. 287.23 (5) (c) 3. of the statutes is repealed.

SB77, s. 3618 Section 3618. 287.23 (5) (c) 4. of the statutes is repealed.

SB77, s. 3619 Section 3619. 287.23 (5) (c) 5. of the statutes is amended to read:

SB77,1460,24 287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.

SB77, s. 3620 Section 3620. 287.23 (5e) of the statutes is amended to read:

SB77,1461,6 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2., 3. or 4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the remaining funds.

SB77, s. 3621 Section 3621. 287.41 (3) of the statutes is amended to read:

SB77,1461,12 287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

SB77, s. 3622 Section 3622. 287.42 (2s) of the statutes is repealed.

SB77, s. 3623 Section 3623. 287.42 (5) of the statutes is amended to read:

SB77,1461,19 287.42 (5) In consultation with the council on recycling, annually Annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

SB77, s. 3624 Section 3624. 287.44 (1) of the statutes is amended to read:

SB77,1461,21 287.44 (1) Provide Award financial assistance under s. 287.46.

SB77, s. 3625 Section 3625. 287.44 (2) of the statutes is amended to read:

SB77,1461,25 287.44 (2) Fund Award funding for research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.

SB77, s. 3626 Section 3626. 287.44 (3) of the statutes is amended to read:

SB77,1462,3 287.44 (3) Fund Award funding for research to improve the recovery, processing or distribution of a recovered material.

SB77, s. 3627 Section 3627. 287.46 (1) of the statutes is amended to read:

SB77,1462,10 287.46 (1) The board may provide award financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided awarded by the board, and by a recipient of financial assistance from awarded by the board, may include grants, loans and manufacturing rebates.

SB77, s. 3628 Section 3628. 287.46 (3) of the statutes is amended to read:

SB77,1462,17 287.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board be repaid to the department of commerce. The board department of commerce shall credit any funds received under this subsection to the appropriation account under s. 20.143 (1) (L).

SB77, s. 3629 Section 3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and amended to read:

SB77,1462,23 287.46 (4) (b) In any biennium, the board department of commerce may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

SB77, s. 3630 Section 3630. 287.46 (4) (a) of the statutes is created to read:

SB77,1463,5 287.46 (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).

SB77, s. 3631 Section 3631. 287.48 of the statutes is repealed.

SB77, s. 3632 Section 3632. 287.49 of the statutes is repealed.

SB77, s. 3633 Section 3633. 289.41(3) (c) of the statutes is amended to read:

SB77,1463,12 289.41 (3) (c) Changes. The owner or operator may change from one standard method of establishing proof of financial responsibility under par. (a) to another or to a net worth method of establishing proof of financial responsibility under sub. (3m) or (4).

SB77, s. 3634 Section 3634. 289.41 (3m) of the statutes is created to read:

SB77,1463,16 289.41 (3m) Fiscal capacity method of establishing proof of financial responsibility for political subdivisions. (a) Definition. In this subsection, "political subdivision" means a city, village, town or county.

SB77,1463,19 (b) Criteria for fiscal capacity method. A political subdivision may establish proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to the department and meeting all of the following criteria:

SB77,1463,25 1. The aggregate amount of indebtedness of the political subdivision is less than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at least 6 times the estimated total costs of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus 6 times the costs of any corrective action required under s. 291.37.

SB77,1464,6 2. The estimated annual cost of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely by property tax revenues, will not require a property tax levy of more than 10 cents per $1,000 of the value of taxable property located in the political subdivision as equalized for state purposes.

SB77,1464,10 3. In the most recent bond ratings before the determination under par. (d) is made, the political subdivision has not received a bond rating of less than "A" from the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's Corporation.

SB77,1464,14 (c) Application. A political subdivision that seeks to establish proof of financial responsibility utilizing the fiscal capacity method shall submit an application to the department as a part of the initial license application and annually thereafter, that includes all information necessary to demonstrate compliance with par. (b).

SB77,1464,18 (d) Department determination under fiscal capacity method. 1. If the department determines that a political subdivision complies with the criteria in par. (b), then the department shall find that the political subdivision satisfies the requirements for proof of financial responsibility for the year.

SB77,1464,22 2. If the department determines that the political subdivision does not comply with par. (b), the department shall issue findings of fact to support this determination and provide the political subdivision with an opportunity for a hearing.

SB77,1465,3 3. In order to continue to meet the fiscal capacity requirements each year, a political subdivision shall reapply under par. (c). Subsequent determinations by the department shall take into consideration any changes in the plan of operation and adjustments to the estimated total cost of compliance with closure and any long-term care or corrective action requirements because of inflation or other changes.

SB77,1465,6 4. Whenever the department has reason to believe that a political subdivision no longer satisfies the fiscal capacity requirements, it may require the political subdivision to submit information and materials to show compliance.

SB77,1465,10 5. If a political subdivision does not comply with the criteria in par. (b) during the annual review or at any special review, the political subdivision shall establish proof of financial responsibility utilizing one of the standard methods under sub. (3) within 90 days after the department issues its findings.

SB77,1465,12 (e) Variances. The department may not grant a variance to any requirement of this subsection.

SB77,1465,17 (f) Joint ownership. If a solid waste disposal facility or hazardous waste facility is owned or operated by more than one political subdivision, any of the political subdivisions may seek to establish proof of financial responsibility under this subsection. The requirements of this subsection apply to each political subdivision in proportion to its interest in the facility.

SB77, s. 3635 Section 3635. 289.41 (11) (a) 5. of the statutes is created to read:

SB77,1466,6 289.41 (11) (a) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department shall notify the department of administration of the amount, as determined under sub. (3m), necessary to pay for the costs of complying with the closure and long-term care requirements of the plan of operation or approved plan under s. 291.29 After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3636 Section 3636. 289.41 (11) (am) 5. of the statutes is created to read:

SB77,1466,20 289.41 (11) (am) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department of natural resources shall determine the amounts necessary to pay for the costs of complying with corrective action requirements under s. 291.37 and shall notify the department of administration of those amounts. After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3637 Section 3637. 289.43 (7) (e) 3. of the statutes is amended to read:

SB77,1466,23 289.43 (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).

SB77, s. 3638 Section 3638. 289.62 (1) (g) of the statutes is amended to read:

SB77,1467,2 289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility shall be paid into the environmental fund for environmental repair management.