Wisconsin Legislature: 227,211

59.07 (133) Recycling or resource recovery facilities. Establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13 287.13.

227,200 Section 200 . 59.07 (135) (L) of the statutes is amended to read:

59.07 (135) (L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no town, city or village which operates its own solid waste management program under s. 159.09 287.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.

227,201 Section 201 . 59.07 (135) (q) (intro.) of the statutes is amended to read:

59.07 (135) (q) (intro.) Impose fees, in addition to fees imposed under ch. 144 289, upon persons who dispose of solid waste at publicly owned solid waste disposal sites in the county for the purpose of cleaning up closed or abandoned solid waste disposal sites within the county, subject to all of the following conditions:

Note: The cross-reference to ch. 144 is overly inclusive. Only ss. 144.43 to 144.47 of ch. 144 relate to imposing fees on persons who dispose of solid waste. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 289.

227,202 Section 202 . 59.20 (5) (b) of the statutes is amended to read:

59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

227,203 Section 203 . 59.395 (5) of the statutes is amended to read:

59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

227,204 Section 204 . 59.51 (17) of the statutes is amended to read:

59.51 (17) Record and index writings submitted according to s. 144.44 (4) (b) 289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.

227,205 Section 205 . 59.97 (9) (b) of the statutes is amended to read:

59.97 (9) (b) This subsection does not apply to land subject to a town zoning ordinance which is purchased by the county for use as a solid or hazardous waste disposal facility or hazardous waste storage or treatment facility, as these terms are defined under s. 144.43 289.01.

227,206 Section 206 . 59.971 (1) (b) (intro.), (1m), (4) (a) and (7) (ag) of the statutes are amended to read:

59.971 (1) (b) (intro.) “Shorelands" means the area within the following distances from the ordinary high-water mark of navigable waters, as defined under s. 144.26 281.31 (2) (d):

(1m) To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under s. 59.97.

(4) (a) Section 66.30 applies to this section, except that for the purposes of this section any agreement under s. 66.30 shall be effected by ordinance. If the municipalities as defined in s. 144.26 281.31 are served by a regional planning commission under s. 66.945, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.

(7) (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements associated with those uses and that are not necessary to effect the purposes of s. 144.26 281.31 (1) that relate to the protection of navigable waters.

227,207 Section 207 . 59.974 (2) and (8) of the statutes are amended to read:

59.974 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.97.

(8) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).

227,208 Section 208 . 60.54 (1) of the statutes is amended to read:

60.54 (1) The town board may designate any town highway which provides reasonable access to a solid waste disposal site or facility licensed under s. 144.44 289.31 as appropriate for the transportation of solid waste into, within or through the town for the purpose of disposing of the waste at the site or facility and may prohibit the use of other town highways for that purpose.

227,209 Section 209 . 60.627 (2) (a) and (7) of the statutes are amended to read:

60.627 (2) (a) To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 60.62.

(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 281.33 (2).

227,210 Section 210 . 60.70 (7) of the statutes is amended to read:

60.70 (7) “Solid waste" has the meaning given under s. 144.01 (15) 289.01 (33).

227,211 Section 211 . 60.70 (8) of the statutes is amended to read:

60.70 (8) “Solid waste disposal" has the meaning given under s. 144.43 (4r) 289.01 (34).

227,212 Section 212 . 60.70 (11) of the statutes is amended to read:

60.70 (11) “Waters of the state" has the meaning given under s. 144.01 (19) 281.01 (18).

227,213 Section 213 . 61.345 of the statutes is amended to read:

61.345 Recycling or resource recovery facilities. A village may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13 287.13.

227,214 Section 214 . 61.351 (3) of the statutes is amended to read:

61.351 (3) Adoption of ordinance. To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

227,215 Section 215 . 61.351 (6) of the statutes is amended to read:

61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,216 Section 216 . 61.354 (2) and (7) of the statutes are amended to read:

61.354 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35.

227,217 Section 217 . 61.55 of the statutes is amended to read:

61.55 Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

227,218 Section 218 . 62.15 (1b) of the statutes is amended to read:

62.15 (1b) Exception as to public emergency. The provisions of sub. (1) and s. 144.04 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board of public works or board of public utility commissioners, in which the public health or welfare of the city is endangered. Whenever the city council determines by majority vote at a regular or special meeting that an emergency no longer exists, this subsection no longer applies.

227,219 Section 219 . 62.225 of the statutes is amended to read:

62.225 Recycling or resource recovery facilities. A city may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13 287.13.

227,220 Section 220. 62.231 (3) and (6) of the statutes are amended to read:

62.231 (3) Adoption of ordinance. To effect the purposes of s. 144.26 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

(6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32, or if the department of natural resources, after notice and hearing, determines that a city adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 144.26 281.31 (1), the department of natural resources shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

227,221 Section 221 . 62.234 (2) and (7) of the statutes are amended to read:

62.234 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23.

227,222 Section 222 . 66.023 (7) of the statutes, as affected by 1995 Wisconsin Act 35, is amended to read:

66.023 (7) Other boundary procedures. (a) Other procedures after hearing. After the joint hearing under sub. (4) (b) is held, no other procedure, except the procedure under s. 144.07 281.43 (1m), for altering a municipality's boundaries may be used to alter a boundary included in the proposed cooperative plan under sub. (3) (d) 1. until the boundary is no longer included in the proposed cooperative plan, the municipality withdraws from the proposed cooperative plan or the proposed cooperative plan fails to receive approval from the department, whichever occurs first.

(b) Other boundary procedures during the planning period. During the planning period specified under sub. (3) (f), no other procedure for altering a municipality's boundaries may be used to alter a boundary that is included in the cooperative plan under sub. (3) (d) 1., except if an annexation is conducted under s. 144.07 281.43 (1m), regardless of whether the boundary is proposed to be maintained or changed or is allowed to be changed under the plan. After the planning period has expired, the boundary may be altered.

227,223 Section 223 . 66.038 (1) (a) of the statutes is amended to read:

66.038 (1) (a) “Environmental pollution" has the meaning specified under s. 144.01 (3) 299.01 (4).

227,224 Section 224 . 66.038 (3) (e) 4. of the statutes is amended to read:

66.038 (3) (e) 4. Any mining operation, the reclamation of which is required in a permit obtained under ss. 144.80 to 144.94 ch. 293.

227,225 Section 225 . 66.038 (3) (e) 5. of the statutes is amended to read:

66.038 (3) (e) 5. Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under ss. 144.435 to 144.445 subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ss. 144.60 to 144.74 ch. 291 but a nonmetallic mining reclamation ordinance may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

227,226 Section 226 . 66.121 of the statutes is amended to read:

66.121 Inspection of property. A county or a city authorized to act under s. 74.87 may enter any real property for which a tax certificate has been issued under s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,227 Section 227 . 66.122 (1) (b) of the statutes is amended to read:

66.122 (1) (b) “Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports.

227,228 Section 228. 66.293 (3) (b) of the statutes is amended to read:

66.293 (3) (b) In this subsection, “municipality" means any city, town, village or county, technical college district, common school district, union high school district, unified school district, county-city hospital established under s. 66.47, sewerage commission organized under s. 144.07 281.43 (4), metropolitan sewerage district organized under ss. 66.20 to 66.26, public or quasi-public corporation, or any other unit of government, or any agency or instrumentality of 2 or more units of government in this state.

227,229 Section 229 . 66.33 (5) of the statutes is amended to read:

66.33 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 144.21, 144.24 or 144.25 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 144.241 281.58 and 144.2415 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.

227,230 Section 230 . 66.33 (6) of the statutes is amended to read:

66.33 (6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources pursuant to s. 144.21 281.55 (6) (b).

227,231 Section 231 . 66.35 (1) (a) of the statutes is amended to read:

66.35 (1) (a) “Medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

227,232 Section 232 . 66.35 (2) of the statutes is amended to read:

66.35 (2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under s. 159.03 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.

227,233 Section 233 . 66.365 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

66.365 Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under s. 147.23 283.87 (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

227,234 Section 234 . 66.46 (2) (am) of the statutes is amended to read:

66.46 (2) (am) “Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).

227,235 Section 235 . 66.521 (9) of the statutes is amended to read:

66.521 (9) Payment of taxes. When any industrial project acquired by a municipality under this section is used by a private person as a lessee, sublessee or in any capacity other than owner, that person shall be subject to taxation in the same amount and to the same extent as though that person were the owner of the property. Taxes shall be assessed to such private person using the real property and collected in the same manner as taxes assessed to owners of real property. When due, the taxes shall constitute a debt due from such private person to the taxing unit and shall be recoverable as provided by law, and such unpaid taxes shall become a lien against the property with respect to which they were assessed, superior to all other liens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and shall be placed on their tax roll when there has been a conveyance of the property in the same manner as are other taxes assessed against real property.

227,236 Section 236 . 66.606 (1) (a) 1. of the statutes is amended to read:

66.606 (1) (a) 1. Any special assessment or special charge levied under any authority by a responsible unit for the purpose of complying with s. 159.09 287.09 (2).

227,237 Section 237 . 66.606 (1) (a) 2. of the statutes is amended to read:

66.606 (1) (a) 2. Any charge made under any authority by any person acting under a contract with a responsible unit to provide a service required under s. 159.09 287.09 (2).

227,238 Section 238 . 66.606 (1) (b) of the statutes is amended to read:

66.606 (1) (b) “Responsible unit" has the meaning given in s. 159.01 287.01 (9).