SB77, s. 3609
21Section
3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and
22amended to read:
SB77,1458,2323
285.59
(1) (title)
Definition Definitions. In this section
, "ozone-depleting:
SB77,1458,24
24(a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
SB77, s. 3610
25Section
3610. 285.59 (1) (b) of the statutes is created to read:
SB77,1459,7
1285.59
(1) (b) "State agency" means any office, department, agency, institution
2of higher education, association, society or other body in state government created
3or authorized to be created by the constitution or any law which is entitled to expend
4moneys appropriated by law, including the legislature and the courts, the Wisconsin
5Housing and Economic Development Authority, the Bradley Center Sports and
6Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
7Authority and the Wisconsin Health and Educational Facilities Authority.
SB77, s. 3611
8Section
3611. 285.59 (2) (intro.) of the statutes is amended to read:
SB77,1459,149
285.59
(2) Salvaging refrigeration equipment. (intro.) After June 30, 1992,
10except as provided in sub. (3), no person, including a state agency,
as defined in s.
11234.75 (10), may perform salvaging or dismantling of mechanical vapor compression
12refrigeration equipment in the course of which ozone-depleting refrigerant is or may
13be released or removed unless the person certifies all of the following to the
14department:
SB77, s. 3612
15Section
3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:
SB77,1459,1816
285.69
(2) (c) (intro.) The fees collected under par. (a) shall be credited to the
17appropriations under s. 20.370 (2) (bg)
and, (3) (bg), (8) (mg)
and (9) (mh) for the
18following:
SB77, s. 3613
19Section
3613. 285.69 (3) of the statutes is amended to read:
SB77,1460,220
285.69
(3) Asbestos inspection fees. The department may promulgate rules
21for the payment and collection of fees for inspecting nonresidential asbestos
22demolition and renovation projects regulated by the department. The fees under this
23subsection may not exceed $200 per project. The fees collected under this subsection
24shall be credited to the appropriation under s. 20.370 (2)
(ei) (bi) for the direct and
1indirect costs of conducting inspections of nonresidential asbestos demolition and
2inspection projects regulated by the department.
SB77, s. 3614
3Section
3614. 287.09 (3) (b) of the statutes is amended to read:
SB77,1460,134
287.09
(3) (b) Adopt an ordinance to enforce the program established under
5sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for
6violations of that ordinance. The ordinance may authorize the responsible unit or
7person designated under par. (a) to refuse to accept solid waste at the recycling
8facility or site if the solid waste is a container for
an industrial pesticide, as defined
9in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s.
94.68 (3) (a) 2. 94.681
10(1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible.
11The ordinance may require a person to use a facility for the recycling of solid waste
12or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only
13as provided under s. 287.13.
SB77, s. 3615
14Section
3615. 287.23 (5) (c) 1. of the statutes is repealed.
SB77, s. 3616
15Section
3616. 287.23 (5) (c) 2. of the statutes is amended to read:
SB77,1460,1916
287.23
(5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other
17responsible units, the amount of the grant for 1993 through
1997 1999 equals either
1866% of the difference between eligible expenses and avoided disposal costs or $8
19times the population of the responsible unit, whichever is less.
SB77, s. 3617
20Section
3617. 287.23 (5) (c) 3. of the statutes is repealed.
SB77, s. 3618
21Section
3618. 287.23 (5) (c) 4. of the statutes is repealed.
SB77, s. 3619
22Section
3619. 287.23 (5) (c) 5. of the statutes is amended to read:
SB77,1460,2423
287.23
(5) (c) 5. If the amount calculated under subd.
1., 2.
, 3. or 4. is less than
2433% of eligible expenses, the grant equals 33% of eligible expenses.
SB77, s. 3620
25Section
3620. 287.23 (5e) of the statutes is amended to read:
SB77,1461,6
1287.23
(5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.,
23. or 4., to pay $8 times the population of all of the responsible units that are entitled
3to that amount, the department shall distribute the funds so that each responsible
4unit that would be entitled to $6 times its population if the per person amount in sub.
5(5) (c) 2.
, 3. or 4. were $6 receives $6 times its population and shall prorate the
6remaining funds.
SB77, s. 3621
7Section
3621. 287.41 (3) of the statutes is amended to read:
SB77,1461,128
287.41
(3) The board shall submit quarterly progress reports to the appropriate
9standing committees of the legislature, as determined by the presiding officer of each
10house, under s. 13.172 (3), describing the board's progress in implementing the
11strategic plan and how the board's technical assistance,
awarding of financial
12assistance and other activities conform to the strategic plan.
SB77, s. 3622
13Section
3622. 287.42 (2s) of the statutes is repealed.
SB77, s. 3623
14Section
3623. 287.42 (5) of the statutes is amended to read:
SB77,1461,1915
287.42
(5) In consultation with the council on recycling, annually Annually 16establish a list of materials recovered from solid waste for which financial assistance
17may be provided under this subchapter, which shall include the materials specified
18in s. 287.07 (3), based on the board's analysis of current and future markets for
19materials recovered from solid waste.
SB77, s. 3624
20Section
3624. 287.44 (1) of the statutes is amended to read:
SB77,1461,2121
287.44
(1) Provide Award financial assistance under s. 287.46.
SB77, s. 3625
22Section
3625. 287.44 (2) of the statutes is amended to read:
SB77,1461,2523
287.44
(2) Fund Award funding for research concerning markets for recovered
24materials and the development of markets for recovered materials to maintain
25present markets or to create new or expanded markets.
SB77, s. 3626
1Section
3626. 287.44 (3) of the statutes is amended to read:
SB77,1462,32
287.44
(3) Fund Award funding for research to improve the recovery,
3processing or distribution of a recovered material.
SB77, s. 3627
4Section
3627. 287.46 (1) of the statutes is amended to read:
SB77,1462,105
287.46
(1) The board may
provide
award financial assistance, directly or in
6cooperation with another person, to a governmental entity or a business entity to
7assist waste generators in the marketing of recovered materials or to develop
8markets for recovered materials. Forms of financial assistance
provided awarded by
9the board, and by a recipient of financial assistance
from awarded by the board, may
10include grants, loans and manufacturing rebates.
SB77, s. 3628
11Section
3628. 287.46 (3) of the statutes is amended to read:
SB77,1462,1712
287.46
(3) If the board awards assistance under sub. (1) that results in a loan
13being made by the recipient to another person, the board may direct that the
14repayments of the loan's principal and any interest either be repaid to the recipient
15for use in a revolving loan fund or
returned to the board be repaid to the department
16of commerce. The
board department of commerce shall credit any funds received
17under this subsection to the appropriation
account under s. 20.143 (1) (L).
SB77, s. 3629
18Section
3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and
19amended to read:
SB77,1462,2320
287.46
(4) (b) In any biennium, the
board department of commerce may not
21expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
22biennium for contracts with and financial assistance to responsible units and other
23local units of government.
SB77, s. 3630
24Section
3630. 287.46 (4) (a) of the statutes is created to read:
SB77,1463,5
1287.46
(4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
2department of commerce shall provide financial assistance awarded by the board
3under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
4(tm), the department of commerce shall pay contracts entered into by the board
5under s. 287.42 (3).
SB77, s. 3633
8Section
3633. 289.41(3) (c) of the statutes is amended to read:
SB77,1463,129
289.41
(3) (c)
Changes. The owner or operator may change from one standard
10method of establishing proof of financial responsibility under par. (a) to another or
11to a
net worth method of establishing proof of financial responsibility under sub.
(3m)
12or (4).
SB77, s. 3634
13Section
3634. 289.41 (3m) of the statutes is created to read:
SB77,1463,1614
289.41
(3m) Fiscal capacity method of establishing proof of financial
15responsibility for political subdivisions. (a)
Definition. In this subsection,
16"political subdivision" means a city, village, town or county.
SB77,1463,1917
(b)
Criteria for fiscal capacity method. A political subdivision may establish
18proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to
19the department and meeting all of the following criteria:
SB77,1463,2520
1. The aggregate amount of indebtedness of the political subdivision is less
21than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at
22least 6 times the estimated total costs of compliance with the closure and any
23long-term care requirements specified in the plan of operation or the approved plan
24under s. 291.29 plus 6 times the costs of any corrective action required under s.
25291.37.
SB77,1464,6
12. The estimated annual cost of compliance with the closure and any long-term
2care requirements specified in the plan of operation or the approved plan under s.
3291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely
4by property tax revenues, will not require a property tax levy of more than 10 cents
5per $1,000 of the value of taxable property located in the political subdivision as
6equalized for state purposes.
SB77,1464,107
3. In the most recent bond ratings before the determination under par. (d) is
8made, the political subdivision has not received a bond rating of less than "A" from
9the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's
10Corporation.
SB77,1464,1411
(c)
Application. A political subdivision that seeks to establish proof of financial
12responsibility utilizing the fiscal capacity method shall submit an application to the
13department as a part of the initial license application and annually thereafter, that
14includes all information necessary to demonstrate compliance with par. (b).
SB77,1464,1815
(d)
Department determination under fiscal capacity method. 1. If the
16department determines that a political subdivision complies with the criteria in par.
17(b), then the department shall find that the political subdivision satisfies the
18requirements for proof of financial responsibility for the year.
SB77,1464,2219
2. If the department determines that the political subdivision does not comply
20with par. (b), the department shall issue findings of fact to support this
21determination and provide the political subdivision with an opportunity for a
22hearing.
SB77,1465,323
3. In order to continue to meet the fiscal capacity requirements each year, a
24political subdivision shall reapply under par. (c). Subsequent determinations by the
25department shall take into consideration any changes in the plan of operation and
1adjustments to the estimated total cost of compliance with closure and any
2long-term care or corrective action requirements because of inflation or other
3changes.
SB77,1465,64
4. Whenever the department has reason to believe that a political subdivision
5no longer satisfies the fiscal capacity requirements, it may require the political
6subdivision to submit information and materials to show compliance.
SB77,1465,107
5. If a political subdivision does not comply with the criteria in par. (b) during
8the annual review or at any special review, the political subdivision shall establish
9proof of financial responsibility utilizing one of the standard methods under sub. (3)
10within 90 days after the department issues its findings.
SB77,1465,1211
(e)
Variances. The department may not grant a variance to any requirement
12of this subsection.
SB77,1465,1713
(f)
Joint ownership. If a solid waste disposal facility or hazardous waste facility
14is owned or operated by more than one political subdivision, any of the political
15subdivisions may seek to establish proof of financial responsibility under this
16subsection. The requirements of this subsection apply to each political subdivision
17in proportion to its interest in the facility.
SB77, s. 3635
18Section
3635. 289.41 (11) (a) 5. of the statutes is created to read:
SB77,1466,619
289.41
(11) (a) 5. And if the owner or operator received approval to use the fiscal
20capacity method of proving financial responsibility under sub. (3m), the department
21shall notify the department of administration of the amount, as determined under
22sub. (3m), necessary to pay for the costs of complying with the closure and long-term
23care requirements of the plan of operation or approved plan under s. 291.29 After
24receiving notice from the department of natural resources, the department of
25administration shall collect the amounts due by deducting those amounts from any
1state payments due the political subdivision or may add a special charge to the
2amount of taxes apportioned to and levied upon the county under s. 70.60. The
3department of administration shall deposit those amounts in the waste management
4fund. The amounts collected under this subdivision from state payments due the
5political subdivision shall be collected from the amount of payments due after
6collection of any principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3636
7Section
3636. 289.41 (11) (am) 5. of the statutes is created to read:
SB77,1466,208
289.41
(11) (am) 5. And if the owner or operator received approval to use the
9fiscal capacity method of proving financial responsibility under sub. (3m), the
10department of natural resources shall determine the amounts necessary to pay for
11the costs of complying with corrective action requirements under s. 291.37 and shall
12notify the department of administration of those amounts. After receiving notice
13from the department of natural resources, the department of administration shall
14collect the amounts due by deducting those amounts from any state payments due
15the political subdivision or may add a special charge to the amount of taxes
16apportioned to and levied upon the county under s. 70.60. The department of
17administration shall deposit those amounts in the waste management fund. The
18amounts collected under this subdivision from state payments due the political
19subdivision shall be collected from the amount of payments due after collection of any
20principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3637
21Section
3637. 289.43 (7) (e) 3. of the statutes is amended to read:
SB77,1466,2322
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
23appropriation appropriations under s. 20.370 (2) (dg)
and (9) (mj).
SB77, s. 3638
24Section
3638. 289.62 (1) (g) of the statutes is amended to read:
SB77,1467,2
1289.62
(1) (g)
Use of tonnage fees. Tonnage fees paid by a nonapproved facility
2shall be paid into the environmental fund for environmental
repair management.
SB77, s. 3639
3Section
3639. 289.63 (3) (b) of the statutes is amended to read:
SB77,1467,64
289.63
(3) (b) The well compensation fee imposed under sub. (1) for solid waste
5or hazardous waste, excluding prospecting or mining waste, is
one cent 4 cents per
6ton.
SB77, s. 3640
7Section
3640. 289.63 (8) of the statutes is amended to read:
SB77,1467,128
289.63
(8) Use of groundwater, solid waste capacity and well compensation
9fees. The groundwater fees collected under sub. (2) shall be credited to the
10environmental fund for
groundwater environmental management. The well
11compensation and solid waste capacity fees collected under sub. (2) shall be credited
12to the environmental fund for environmental
repair
management.
SB77, s. 3641
13Section
3641. 289.67 (1) (h) of the statutes is amended to read:
SB77,1467,1514
289.67
(1) (h)
Use of environmental repair fee. The fees collected under par. (b)
15shall be credited to the environmental fund for environmental
repair management.
SB77, s. 3642
16Section
3642. 289.67 (2) (c) 5. of the statutes is created to read:
SB77,1467,1917
289.67
(2) (c) 5. Hazardous wastes that are collected by a county under a
18program for the collection and disposal of chemicals that are used for agricultural
19purposes, including pesticides, as defined in s. 94.67 (25).
SB77, s. 3643
20Section
3643. 289.67 (2) (e) of the statutes is amended to read:
SB77,1467,2221
289.67
(2) (e) All moneys received under this subsection shall be credited to the
22environmental fund for environmental
repair management.
SB77, s. 3644
23Section
3644. 289.67 (3) (c) of the statutes is amended to read:
SB77,1468,3
1289.67
(3) (c)
Use of environmental repair base fees. Environmental repair base
2fees shall be credited to the environmental fund for environmental
repair 3management.
SB77, s. 3645
4Section
3645. 289.67 (4) (c) of the statutes is amended to read:
SB77,1468,75
289.67
(4) (c)
Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental
repair 7management.
SB77, s. 3646
8Section
3646. 291.15 (2) (d) of the statutes is amended to read:
SB77,1469,39
291.15
(2) (d)
Use of confidential records. Except as provided under par. (c) and
10this paragraph the department or the department of justice may use records and
11other information granted confidential status under this subsection only in the
12administration and enforcement of this chapter. The department or the department
13of justice may release for general distribution records and other information granted
14confidential status under this subsection if the owner or operator expressly agrees
15to the release. The department or the department of justice may release on a limited
16basis records and other information granted confidential status under this
17subsection if the department or the department of justice is directed to take this
18action by a judge or hearing examiner under an order which protects the
19confidentiality of the records or other information. The department or the
20department of justice may release to the U.S. environmental protection agency or its
21authorized representative records and other information granted confidential status
22under this subsection if the department or the department of justice includes in each
23release of records or other information a request to the U.S. environmental
24protection agency or its authorized representative to protect the confidentiality of
25the records or other information.
The department or the department of justice shall
1release to the department of industry, labor and job development records and other
2information granted confidential status under this subsection if requested by the
3department of industry, labor and job development under s. 49.22 (2m).
SB77, s. 3647
4Section
3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:
SB77,1469,75
291.97
(2) (b) (intro.) Any person who wilfully does any of the following shall
6be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than
75 7 years
and 6 months or both:
SB77, s. 3648
8Section
3648. 291.97 (2) (c) of the statutes is amended to read:
SB77,1469,119
291.97
(2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
10be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than
11one year in the Wisconsin state prisons 2 years or both.
SB77,1469,1412
2. For a 2nd or subsequent violation under par. (b), a person shall be fined not
13less than $5,000 nor more than $150,000 or imprisoned for not more than
10 15 years
14or both.
SB77, s. 3649
15Section
3649. 292.01 (18) of the statutes is amended to read: