1999 Wisconsin Act 9

285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 5,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 6. did not exist.

9,2556 Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

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

9,2557c Section 2557c. 285.69 (2) (e) of the statutes is created to read:

285.69 (2) (e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $ 2.86 per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

9,2558 Section 2558. 285.69 (3) of the statutes is amended to read:

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 $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

9,2559 Section 2559. 285.86 of the statutes is created to read:

285.86 Asbestos citations. (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).

(2) The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.

(3) The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.

9,2560 Section 2560. 287.11 (2) (dm) of the statutes is repealed.

9,2560e Section 2560e. 287.23 (3) (a) of the statutes is repealed and recreated to read:

287.23 (3) (a) Subject to par. (am), a responsible unit is eligible for assistance under this section for a year before 2000 if the responsible unit has been determined under s. 287.11 to have an effective recycling program.

9,2560f Section 2560f. 287.23 (3) (ac) of the statutes is created to read:

287.23 (3) (ac) Subject to par. (am), a responsible unit is eligible for assistance under this section for 2000 if the responsible unit received assistance under this section for 1999 and the responsible unit has been determined under s. 287.11 to have an effective recycling program.

9,2560g Section 2560g. 287.23 (3) (ae) of the statutes is created to read:

287.23 (3) (ae) Subject to par. (am), a responsible unit is eligible for assistance under this section for a year after 2000 if the responsible unit has been determined under s. 287.11 to have an effective recycling program and one of the following applies:

1. The responsible unit has a residential collection program that serves 50% or more of the population of the responsible unit, that collects, at least monthly, newspaper, corrugated paper, magazines, aluminum containers, steel containers, containers made of polyethylene terephthalate and high-density polyethylene and glass containers and that is operated by the responsible unit under a contract, franchise license or ordinance that requires at least monthly collection of these materials.

2. The responsible unit has a drop-off program, that serves more than 50% of the population of the responsible unit, for collecting newspaper, corrugated paper, magazines, aluminum containers, steel containers, containers made of polyethylene terephthalate and high-density polyethylene and glass containers taken by individuals to a drop-off site that is owned by the responsible unit or is provided under a contract with another person and that is adequate in size and hours of operation to meet the needs of the responsible unit.

9,2560h Section 2560h. 287.23 (3) (ag) of the statutes is created to read:

287.23 (3) (ag) The department shall determine the population served by a residential collection program for the purposes of par. (ae) 1. and sub. (5d) (b) based on information provided by the responsible unit for the year 2 years before the year for which the department is determining the responsible unit's eligibility.

9,2560i Section 2560i. 287.23 (5) (intro.) of the statutes is amended to read:

287.23 (5) Grant award for years before 2000. (intro.) The For years before 2000, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p), the amount of the grant under this subsection shall be determined as follows:

9,2562e Section 2562e. 287.23 (5b) of the statutes is created to read:

287.23 (5b) Grant award for 2000. For 2000, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:

(a) Determine the total amount that would have been awarded under this section for 1999 if no grants had been reduced under sub. (5p).

(b) Determine the amount that each responsible unit received under this section for 1999 or , for a responsible unit that had its grant for 1999 reduced under sub. (5p), the amount that the responsible unit would have received if its grant had not been reduced.

(c) Award to a responsible unit the proportion of the total amount available for grants under this section for 2000 that is equal to the proportion of the amount determined under par. (a) that the responsible unit received, or would have received, for 1999 as determined under par. (b).

9,2562m Section 2562m. 287.23 (5d) of the statutes is created to read:

287.23 (5d) Grant award for years after 2000. (a) Beginning with grants for the year 2001, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b).

(b) Except as provided in par. (c) or (d) or sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to $7.90 times the population of the responsible unit if the responsible unit has a residential collection program that complies with sub. (3) (ae) 1. and the department shall award an eligible responsible unit a grant equal to $4.40 times the population of the responsible unit if the responsible unit has a drop-off program that complies with sub. (3) (ae) 2.

(c) A grant to a responsible unit under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.

(d) If the available funds are insufficient to pay the grant amounts determined under pars. (b) and (c), the department shall prorate the available funds.

9,2563dt Section 2563dt. 287.23 (5p) (a) of the statutes is amended to read:

287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5), (5d) or (5m).

9,2563ed Section 2563ed. 287.23 (5p) (b) of the statutes is amended to read:

287.23 (5p) (b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5), (5d) or (5m).

9,2563eh Section 2563eh. 287.23 (5p) (c) of the statutes is amended to read:

287.23 (5p) (c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5), (5d) or (5m).

9,2563ep Section 2563ep. 287.23 (5s) of the statutes is repealed.

9,2563er Section 2563er. 287.23 (6) of the statutes is amended to read:

287.23 (6) Disbursement. The department shall disburse 50% of a grant to the applicant upon after approval, but no later than February June 1 of the year for which the grant is made.

9,2563et Section 2563et. 287.23 (7) of the statutes is repealed.

9,2565c Section 2565c. 287.40 (title) and (intro.) of the statutes are repealed.

9,2565d Section 2565d. 287.40 (1) of the statutes is renumbered 560.031 (1) (a).

9,2565e Section 2565e. 287.40 (2) of the statutes is renumbered 560.031 (1) (b).

9,2565f Section 2565f. 287.40 (3) of the statutes is renumbered 560.031 (1) (c) and amended to read:

560.031 (1) (c) "Recovered material" means a material specified by the board under s. 287.42 (5) that is recovered from solid waste for recycling.

9,2565g Section 2565g. 287.40 (4) of the statutes is renumbered 560.031 (1) (e) and amended to read:

560.031 (1) (e) "Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 287.42 (5) or a responsible unit.

9,2565h Section 2565h. 287.41 of the statutes is repealed.

9,2565i Section 2565i. 287.42 of the statutes is repealed.

9,2565j Section 2565j. 287.44 of the statutes is repealed.

9,2565k Section 2565k. 287.46 of the statutes is repealed.

9,2565L Section 2565L. 287.48 of the statutes is repealed.

9,2568 Section 2568. 289.01 (33) of the statutes is amended to read:

289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

9,2569h Section 2569h. 289.54 of the statutes is created to read:

289.54 Disposal of certain dredged materials. (1) In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

(2) The department may not approve a request by the operator of a solid waste disposal facility to accept dredged materials that contain PCBs or heavy metals in a concentration of less than 50 parts per million for disposal in the solid waste disposal facility until after the department holds a public meeting in the city, village or town in which the solid waste disposal facility is located. At the public meeting, the department shall describe the nature of the requested disposal and shall solicit public comment.

9,2569k Section 2569k. 289.645 of the statutes is created to read:

289.645 Recycling fee. (1) Imposition of recycling fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste 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 recycling fee to the licensed solid waste 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 the recycling fee under this subsection shall pay the fee to the licensed solid waste 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 waste or hazardous waste disposal facility shall collect the recycling fee 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 fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility during the preceding reporting period.

(3) Amount of recycling fee. The fee imposed under this section is as follows:

(a) For all solid waste other than high-volume industrial waste, $2 per ton.

(b) For all high-volume industrial waste, 30 cents per ton.

(4) Exemptions from recycling fee. (a) 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 recycling fee imposed under sub. (1), except that materials approved for use under s. 289.30 (5) or 289.31 (9) are subject to the fee.

(b) Except as provided in par. (c), the recycling fee does not apply to waste generated by an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code, that derives a portion of its income from the operation of recycling and reuse programs and that does one of the following:

1. Provides services and programs for people with disabilities.

2. Primarily serves low-income persons.

(c) Waste generated by an organization described in par. (b) which is commingled with waste generated by a person other than an organization described in par. (b) is subject to the fee.

(5) Payment. The owner or operator of any licensed solid or hazardous waste disposal facility shall pay the recycling fee required to be collected under sub. (2) as follows:

(a) For waste disposed of from January 1 to March 31, no later than May 1.

(b) For waste disposed of from April 1 to June 30, no later than August 1.

(c) For waste disposed of from July 1 to September 30, no later than November 1.

(d) For waste disposed of from October 1 to December 31, no later than February 1.

(6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling fund.

(7) Failure to pay recycling fee. (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility fails to pay the fee, the owner or operator of the licensed solid waste 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).

(b) If the person named in the affidavit under par. (a) is a generator or a person who arranges for collection or disposal services on behalf of one or more generators and the person holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fee as required under sub. (1).

(c) If the person named in the affidavit under par. (a) is an intermediate hauler that holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that either of the following has occurred:

1. The person named in the affidavit under par. (a) received the required fee from a generator, from a person who arranges for collection or disposal services on behalf of one or more generators or from an earlier intermediate hauler, and paid the fee to the licensed solid waste or hazardous waste disposal facility or to a subsequent intermediate hauler.

2. A generator, a person who arranges for collection or disposal services on behalf of one or more generators or an earlier intermediate hauler failed to pay the required fee to the person named in the affidavit under par. (a).

(d) If the department does not receive an affidavit under par. (b) or (c) within 30 days after the date the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid waste or hazardous waste. Notwithstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.

(e) When a person whose license is suspended under par. (d) provides the department with proof that the person has paid the owner or operator of the licensed solid waste or hazardous waste facility the amount of the unpaid fee, the department shall immediately reinstate the suspended license.

9,2569L Section 2569L. 289.67 (1) (cm) of the statutes is amended to read:

289.67 (1) (cm) Amount of environmental repair fee. Except as provided under par. (d), the environmental repair fee imposed under par. (a) is 15 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility after December 31, 1985, but before July 1, 1989, and 20 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility on or after July 1, 1989.

9,2569m Section 2569m. 289.67 (1) (cp) of the statutes is amended to read:

289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 32.3 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.