AB40-ASA1,1198,2319
(c) The person who will operate the project agrees to take necessary actions to
20maintain compliance with surface water and groundwater requirements under ch.
21281 and this chapter, other than the permitting requirement, and to take necessary
22actions to regain compliance with those requirements if a violation occurs in the
23course of the project.
AB40-ASA1,1199,4
24(2) A person seeking a waiver under sub. (1) shall apply to the department in
25writing. The department shall approve or deny an application in writing no more
1than 45 days after receiving a complete application. The department may approve
2an application with conditions, including requirements for reporting project
3activities to the department and limitations on the duration of the project or the
4waiver for the project.
AB40-ASA1,1199,6
5(3) A project for which the department grants a waiver under sub. (1) is an
6agricultural practice for the purposes of s. 823.08.
AB40-ASA1,1199,188
285.39
(4) Report on new replenishment mechanisms. After expiration of the
9replenishment implementation period, if the department reports under sub. (2) (b)
101. or determines at any other time that the growth accommodation is less than 3,500
11tons, the department shall, with the advice of the department of
commerce safety and
12professional services, submit a report to the chief clerk of each house of the
13legislature for distribution to the appropriate standing committees of the legislature
14under s. 13.172 (3) on how to most effectively and equitably replenish the growth
15accommodation. The report shall review existing studies and data to evaluate the
16accuracy of this state's state implementation plan with respect to the effect of
17emissions from inside and outside the volatile organic compound accommodation
18area on the ambient air quality within the area.
AB40-ASA1, s. 2955
19Section
2955. 285.79 (3) (intro.) of the statutes is amended to read:
AB40-ASA1,1199,2320
285.79
(3) Assistance program. (intro.) The department shall
, in cooperation
21with the small business ombudsman clearinghouse under s. 560.03 (9), develop and
22administer a small business stationary source technical and environmental
23compliance assistance program. The program shall include all of the following:
AB40-ASA1,1200,2
1287.01
(8) "Region" means the area within the boundaries of a responsible unit
2or an out-of-state unit.
AB40-ASA1, s. 2961
4Section
2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and
5amended to read:
AB40-ASA1,1200,96
287.07
(3) General disposal restrictions Waste tires. Beginning on January
71, 1995, no person may dispose of
a waste tire, as defined in s. 289.55 (1) (c), in a solid
8waste disposal facility or burn
a waste tire without energy recovery in a solid waste
9treatment facility in this state
any of the following:
.
AB40-ASA1,1200,1512
287.07
(4) General incineration disposal restrictions. (intro.) Beginning on
13January 1, 1995, no person may
dispose of in a solid waste disposal facility, convert
14into fuel
, or burn
with energy recovery at a solid waste treatment facility in this state
15any of the following:
AB40-ASA1,1200,2117
287.07
(4e) General restrictions on placing in container. (a) Beginning on
18the effective date of this paragraph .... [LRB inserts date], no person may place in a
19container the contents of which will be disposed of in a solid waste treatment facility,
20converted into fuel, or burned at a solid waste treatment facility any of the items
21identified in sub. (4) (a) to (k).
AB40-ASA1,1200,2522
(b) Beginning on the effective date of this paragraph .... [LRB inserts date], no
23person may place a waste tire in a container the contents of which will be disposed
24of in a solid waste disposal facility or burned without energy recovery in a solid waste
25treatment facility.
AB40-ASA1,1201,82
287.07
(7) (b) 2. A prohibition in sub. (3)
(b), (c), (e), (f), (g), (h) or (j) or (4) (b),
3(c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an
4operating solid waste treatment facility a type of material identified in one of those
5paragraphs that was converted into fuel or burned at the operating solid waste
6treatment facility during April, 1990, and either is generated in the operating solid
7waste treatment facility's current service area or is generated by the owner of the
8operating solid waste treatment facility.
AB40-ASA1, s. 2966
9Section
2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:
AB40-ASA1,1201,1210
287.07
(7) (c) 1. cg. "Medical waste" means containers, packages and materials
11identified under sub.
(3) or (4) that contain infectious waste or that are from a
12treatment area and are mixed with infectious waste.
AB40-ASA1, s. 2967
13Section
2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:
AB40-ASA1,1201,1514
287.07
(7) (c) 2. (intro.) The prohibitions in subs.
(3) and (4)
and (4e) do not
15apply with respect to any of the following:
AB40-ASA1, s. 2968
16Section
2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:
AB40-ASA1,1201,2317
287.07
(7) (c) 2. b. The disposal of, in a solid waste disposal facility,
or the
18placing of, in a container the contents of which will be disposed of in a solid waste
19facility, a container, package or material identified under sub.
(3) or (4) that
20contained infectious waste or that is from a treatment area and is mixed with
21infectious waste generated in the treatment area, if the container, package or
22material has been treated, pursuant to standards established under ch. 289, to
23render the infectious waste noninfectious.
AB40-ASA1,1202,3
1287.07
(7) (d) The department may grant, to a responsible unit
or out-of-state
2unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material
3identified in sub. (3) or (4) in the event of an unexpected emergency condition.
AB40-ASA1,1202,85
287.07
(7) (f) The prohibitions in subs. (2)
and (3) to (4) do not apply to the
6beneficial reuse of a material within a solid waste disposal facility if the beneficial
7reuse of the material is approved in the solid waste disposal facility's plan of
8operation under s. 289.30.
AB40-ASA1, s. 2972
9Section
2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:
AB40-ASA1,1202,1310
287.07
(7) (h) 1. (intro.) The department may grant a waiver or conditional
11waiver to a restriction under sub.
(3) (c) or (h) or (4) (c) or (i) for plastics other than
12polyethylene terephthalate or high-density polyethylene if the department
13determines all of the following:
AB40-ASA1,1202,2015
287.11
(1) Department review. Upon request of a responsible unit
or an
16out-of-state unit, the department shall review documentation of the responsible
17unit's solid waste management program created under s. 287.09 (2) (a)
or the
18out-of-state unit's solid waste management program and determine whether the
19program is an effective recycling program. The department shall complete its review
20and make a determination within 90 days after receiving the documentation.
AB40-ASA1, s. 2977f
22Section 2977f. 287.11 (2m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1203,323
287.11
(2m) (b) (intro.) The department shall, at the request of a responsible
24unit
or out-of-state unit that has been determined to have an effective recycling
25program under this section, grant a variance to the applicable requirements in sub.
1(2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that
2is generated in the responsible unit's
or out-of-state unit's region if the department
3determines that the cost of selling processed material exceeds any of the following:
AB40-ASA1,1203,115
287.11
(2m) (c) The department may on its own initiative grant, to one or more
6responsible units
or out-of-state units that have been determined to have effective
7recycling programs under this section, a variance to the applicable requirements in
8sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4)
9that is generated in the responsible units'
or out-of-state units' regions if the
10department determines that the cost of selling processed material exceeds the
11amount under par. (b) 1. or 2.
AB40-ASA1,1203,1513
287.11
(2p) (c) The department may grant a responsible unit
or an out-of-state
14unit an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year
15for a material that is subject to an exception under s. 287.07 (7) (d).
AB40-ASA1,1203,1817
287.11
(3) List. The department shall prepare and periodically update a list
18of responsible units
and out-of-state units that have an effective recycling program.
AB40-ASA1,1203,2421
287.17
(1) (np) "School" means a public school, as defined in s. 115.01 (1),
a
22private school participating in the program under s. 118.60, a private school
23participating in the program under s. 118.62, or a private school participating in the
24program under s. 119.23.
AB40-ASA1, s. 2980n
7Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:
AB40-ASA1,1204,108
287.23
(5p) (a) If a responsible unit submits its application under sub. (4) after
9October 1 but no later than October 10, the amount of the responsible unit's grant
10is 95% of the amount determined under sub.
(5) or (5m)
(5b).
AB40-ASA1,1204,1311
(b) If a responsible unit submits its application under sub. (4) after October 10
12but no later than October 20, the amount of the responsible unit's grant is 90% of the
13amount determined under sub.
(5) or (5m) (5b).
AB40-ASA1,1204,1614
(c) If a responsible unit submits its application under sub. (4) after October 20
15but no later than October 30, the amount of the responsible unit's grant is 75% of the
16amount determined under sub.
(5) or (5m) (5b).
AB40-ASA1, s. 2980p
17Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and
18amended to read:
AB40-ASA1,1204,2119
287.23
(6) Disbursement. Except as provided in par. (b), the The department
20shall disburse a grant to the applicant after approval, but no later than June 1 of the
21year for which the grant is made.
AB40-ASA1,1205,4
1287.24 Recycling consolidation grants. (1) In this section, "population"
2means the number of persons residing in a region, as determined by the department
3based upon the most recent decennial or special census or the most recent,
4subsequent population estimate under s. 16.96.
AB40-ASA1,1205,7
5(2) The department shall make a grant from the appropriation account under
6s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s.
7287.11 to have an effective recycling program if any of the following applies:
AB40-ASA1,1205,88
(a) The responsible unit is a county.
AB40-ASA1,1205,99
(b) The responsible unit is a federally recognized Indian tribe or band.
AB40-ASA1,1205,1110
(c) The responsible unit has a population of 25,000 or more and consists of one
11or more municipalities.
AB40-ASA1,1205,1312
(d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the
13following applies:
AB40-ASA1,1205,1514
1. By October 1 in the year preceding the year for which the grant is made, the
15responsible unit consists of what had been at least 2 responsible units.
AB40-ASA1,1205,1916
2. By October 1 in the year preceding the year for which the grant is made, the
17responsible unit enters into a cooperative agreement with another responsible unit
18for the joint provision of at least one of the following elements of an effective recycling
19program:
AB40-ASA1,1205,2020
a. Performing comprehensive program planning.
AB40-ASA1,1205,2121
b. Collecting and transporting recyclable materials.
AB40-ASA1,1205,2222
c. Sorting recyclable materials at a materials recovery facility.
AB40-ASA1,1205,2423
d. Developing and distributing educational materials relating to waste
24reduction, reuse, and recycling.
AB40-ASA1,1206,3
1e. Carrying out a program of technical assistance to businesses and owners and
2occupants of multifamily dwellings to increase the availability and convenience of
3recycling.
AB40-ASA1,1206,44
f. Any other program element approved by the department.
AB40-ASA1,1206,6
5(3) Subject to sub. (4), the department shall determine the amount of a grant
6to a responsible unit under this section as follows:
AB40-ASA1,1206,87
(a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total
8population of the responsible units eligible under sub. (2).
AB40-ASA1,1206,109
(b) Multiply the amount determined under par. (a) by the population of the
10responsible unit.
AB40-ASA1,1206,12
11(4) A grant under this section plus a grant under s. 287.23 may not exceed the
12allowable expenses under s. 287.23 (3) (b).
AB40-ASA1,1206,1816
287.31
(6) Use of revenues. The newspaper recycling fees collected under sub.
17(5) shall be deposited in the
recycling and renewable energy environmental fund
18under s. 25.49.
AB40-ASA1,1206,2120
289.63
(6) (title)
Exemption from groundwater and well compensation fees;
21for certain materials used in operation of the facility.
