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.
27,3614gc
Section 3614gc. 287.11 (1) of the statutes is amended to read:
287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.
27,3614ge
Section 3614ge. 287.11 (2) (b), (c) (intro.), (d) (intro.) and (i) of the statutes are amended to read:
287.11 (2) (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.
(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:
(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:
(i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.
27,3614gg
Section 3614gg. 287.11 (2e) (a) of the statutes is renumbered 287.11 (2e) and amended to read:
287.11 (2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.
27,3614gk
Section 3614gk. 287.11 (2e) (b) of the statutes is repealed.
27,3614gm
Section 3614gm. 287.11 (2m) (b) (intro.) of the statutes is amended to read:
287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:
27,3614gp
Section 3614gp. 287.11 (2m) (c) of the statutes is amended to read:
287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.
27,3614gr
Section 3614gr. 287.11 (2p) (c) of the statutes is amended to read:
287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to
a an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).
27,3614gt
Section 3614gt. 287.12 of the statutes is repealed.
27,3614mg
Section 3614mg. 287.23 (1m) of the statutes is created to read:
287.23 (1m) Financial assistance after the year 2000.
No later than September 1, 1998, the department shall submit a proposal to the legislature that if enacted will carry out the intent of the legislature that this state continue at least through the year 2004 its practice of providing state financial assistance to municipalities, counties, other units of government, including federally recognized Indian tribes and bands in this state, and solid waste management systems for expenses relating to programs for the recycling of postconsumer waste.
27,3615
Section 3615
. 287.23 (5) (c) 1. of the statutes is repealed.
27,3616
Section 3616
. 287.23 (5) (c) 2. of the statutes is amended to read:
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.
27,3617
Section 3617
. 287.23 (5) (c) 3. of the statutes is repealed.
27,3618
Section 3618
. 287.23 (5) (c) 4. of the statutes is repealed.
27,3619
Section 3619
. 287.23 (5) (c) 5. of the statutes is amended to read:
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.
27,3620
Section 3620
. 287.23 (5e) of the statutes is amended to read:
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.
27,3620m
Section 3620m. Subchapter III of chapter 287 [precedes 287.40] of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.
27,3620s
Section 3620s. 287.41 (1) (a) of the statutes is amended to read:
287.41 (1) (a) Identification of priority recovered materials that will be the focus of market development efforts by the board. The board shall focus its efforts on the reuse of materials recovered from solid waste as well as on the recycling of those materials.
27,3621
Section 3621
. 287.41 (3) of the statutes is amended to read:
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.
27,3621c
Section 3621c. 287.41 (4) of the statutes is created to read:
287.41 (4) The department of commerce shall use the strategic plan prepared and revised under this section to guide the activities of the board.
27,3622
Section 3622
. 287.42 (2s) of the statutes is repealed.
27,3622m
Section 3622m. 287.42 (3m) of the statutes is created to read:
287.42 (3m) Contract with, and provide sufficient funding for, an existing materials exchange program to operate a statewide materials exchange program until December 31, 1999.
27,3623
Section 3623
. 287.42 (5) of the statutes is amended to read:
287.42 (5) In consultation with the council on recycling, 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. The list shall give priority to materials specified in s. 287.07 (3) that will support community recycling efforts.
27,3624
Section 3624
. 287.44 (1) of the statutes is amended to read:
287.44 (1) Provide Award financial assistance under s. 287.46.
27,3625
Section 3625
. 287.44 (2) of the statutes is amended to read:
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.
27,3626
Section 3626
. 287.44 (3) of the statutes is amended to read:
287.44 (3) Fund Award funding for research to improve the recovery, processing or distribution of a recovered material.
27,3627
Section 3627
. 287.46 (1) of the statutes is amended to read:
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.
27,3628
Section 3628
. 287.46 (3) of the statutes is amended to read:
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).
27,3629
Section 3629
. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and amended to read:
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.
27,3630
Section 3630
. 287.46 (4) (a) of the statutes is created to read:
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).
27,3631d
Section 3631d. 287.48 of the statutes is amended to read:
287.48 Executive director for the board. The governor shall nominate, and with the advice and consent of the senate appoint, secretary of commerce shall appoint an executive director of the board outside of the classified service, to serve at the pleasure of the governor
secretary of commerce.
27,3632
Section 3632
. 287.49 of the statutes is repealed.
27,3636m
Section 3636m. 289.05 (2) of the statutes is amended to read:
289.05 (2) With the advice and comment of the metallic mining council, the The department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30 and 283. The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining
wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency's efforts to implement the resource conservation and recovery act.
27,3636p
Section 3636p. 289.08 of the statutes is repealed.
27,3637
Section 3637
. 289.43 (7) (e) 3. of the statutes is amended to read:
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).
27,3637m
Section 3637m. 289.55 (1) (b) of the statutes is amended to read:
289.55 (1) (b) “Tire dump" means any location that is used for storing or disposing of waste tires or solid waste resulting from manufacturing tires.
27,3637n
Section 3637n. 289.55 (2) of the statutes is amended to read:
289.55 (2) Department authority; abatement. If the department determines that a tire dump is a nuisance, it shall notify the person responsible for the nuisance and request that the waste tires or the solid waste resulting from manufacturing tires be processed or removed within a specified period. If the person fails to take the requested action within the specified period, the department shall order the person to abate the nuisance within a specified period. If the person responsible for the nuisance is not the owner of the property on which the tire dump is located, the department may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, the department may take any action necessary to abate the nuisance, including entering the property where the tire dump is located and confiscating the waste tires or the solid waste resulting from manufacturing tires, or arranging to have the waste tires or the solid waste resulting from manufacturing tires processed or removed.
27,3638
Section 3638
. 289.62 (1) (g) of the statutes is amended to read:
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.
27,3638m
Section 3638m. 289.63 (title), (1) and (2) of the statutes are amended to read:
289.63 (title) Groundwater, solid waste capacity and well compensation fees. (1) (title) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under sub. (6), a generator of solid or hazardous waste shall pay separate groundwater, solid waste capacity and well compensation fees for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater, solid waste capacity and well compensation fees to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives groundwater, solid waste capacity and well compensation fees under this subsection shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).
(2) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the groundwater, solid waste capacity and well compensation fees from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility during the preceding reporting period.
27,3638mg
Section 3638mg. 289.63 (3) (title) of the statutes is amended to read:
289.63 (3) (title) Amount of groundwater, solid waste capacity and well compensation fees.
27,3639
Section 3639
. 289.63 (3) (b) of the statutes is amended to read:
289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent
4 cents per ton.
27,3640gc
Section 3640gc. 289.63 (3) (c) and (d) of the statutes are repealed.
27,3640ge
Section 3640ge. 289.63 (5), (6), (7), (8) and (9) (title) and (a) of the statutes are amended to read:
289.63 (5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under sub. (2) are in addition to the tonnage fee imposed under s. 289.62 (1), the environmental repair base fee imposed under s. 289.67 (3) and the environmental repair surcharge imposed under s. 289.67 (4).
(6) (title) Exemption from groundwater
, solid waste capacity and well compensation fees; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the groundwater, solid waste capacity and well compensation fees imposed under sub. (1), except that foundry sands or shredder fluff approved for use under s. 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.
(7) Reporting period. The reporting period under this section is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility shall pay groundwater, solid waste capacity and well compensation fees required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.
(8) (title) Use of groundwater
, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater environmental management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair management.
(9) (title) Failure to pay groundwater
, solid waste capacity and well compensation fees. (a) If a person required under sub. (1) to pay groundwater, solid waste capacity and well compensation fees to a licensed solid or hazardous waste disposal facility fails to pay the fees, the owner or operator of the licensed solid or hazardous waste disposal facility shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).
27,3640gg
Section 3640gg. 289.65 of the statutes is repealed.
27,3640gk
Section 3640gk.
289.66 of the statutes is repealed.
27,3640gm
Section 3640gm. 289.67 (1) (e) of the statutes is amended to read:
289.67 (1) (e) In addition to other fees. The environmental repair fee collected and paid under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge imposed under sub. (3), the tonnage fee imposed under s. 289.62 (1) and the groundwater, solid waste capacity and well compensation fees imposed under s. 289.63.
27,3641
Section 3641
. 289.67 (1) (h) of the statutes is amended to read:
289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.
