1999 Wisconsin Act 9

(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.

9,2569n Section 2569n. 289.67 (2) (b) 1. and 2. of the statutes are amended to read:

289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $125 $210 if the generator has generated more than zero pounds in that particular year, plus $12 $20 per ton of hazardous waste generated during the reporting year.

2. No generator may pay a fee that is greater than $10,000 $17,000.

9,2569r Section 2569r. 291.09 (3) of the statutes is created to read:

291.09 (3) The department shall study whether the list of hazardous wastes under s. 291.05 (2) should be revised as it relates to commercial chemical products.

9,2570 Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:

292.11 (7) (d) 1m. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf of owners of contaminated property within one of the following:

a. A business improvement district, as defined in s. 66.608 (1) (b).

b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v).

9,2571 Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:

292.11 (7) (d) 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1. or 1m.

9,2572 Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:

292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4), a community development authority or a housing authority.

9,2573 Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to discharges of hazardous substances on or originating from property acquired by the local government unit before, on or after the effective date of this subdivision .... [revisor inserts date], if any of the following applies:

9,2574 Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

292.11 (9) (e) 1m. b. The local governmental unit acquired the property from a local governmental unit that acquired is exempt under this subdivision with respect to the property under a method described in subd. 1m. a.

9,2575 Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:

292.11 (9) (e) 1m. e. The local governmental unit acquired the property through escheat.

9,2576 Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:

292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (tz).

9,2577 Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:

292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after October 14, 1997, if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

9,2578 Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.

9,2579 Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.

9,2580 Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:

292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental unit or the economic development corporation agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

9,2581 Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:

292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd. 1m. f. unless the local governmental unit enters into an agreement with the department to ensure that the conditions in subds. 2. and 4. are satisfied.

9,2581r Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:

292.13 (1) Exemption from liability for groundwater contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled by the person if all of the following apply:

9,2581w Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:

292.13 (1m) Exemption from liability for soil contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:

9,2582 Section 2582. 292.15 (1) (a) of the statutes is created to read:

292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).

9,2583 Section 2583. 292.15 (1) (am) of the statutes is created to read:

292.15 (1) (am) "Natural attenuation" means the reduction in the mass and concentration in groundwater of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes, without human intervention.

9,2584 Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:

292.15 (1) (f) "Voluntary party" means a person who submits an application to obtain an exemption under this section and pays any fees required under sub. (5).

9,2585 Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:

292.15 (2) (a) (title) General.

9,2586 Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:

292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence discharges of a hazardous substance substances on the or originating from a property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

9,2587 Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:

292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by restoring the environment is restored to the extent practicable with respect to the discharges and minimizing the harmful effects from a discharge of the hazardous substance the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules.

9,2588 Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:

292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from the department that the property environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from a discharge of a hazardous substance the discharges have been minimized.

9,2589 Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:

292.15 (2) (a) 6. The voluntary party has not obtained the certification under subd. 3. certificate of completion by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

9,2591 Section 2591. 292.15 (2) (ae) of the statutes is created to read:

292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if there exists a hazardous substance in groundwater on or originating from a property in a concentration that exceeds an enforcement standard and the department determines that natural attenuation will restore groundwater quality in accordance with rules promulgated by the department, a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

1. An environmental investigation of the property is conducted that is approved by the department.

2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

3m. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to the hazardous substance that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation, in case natural attenuation fails, and the insurance complies with rules promulgated by the department and names this state as the insured.

4. The voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

6. The voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

9,2592 Section 2592. 292.15 (2) (ag) of the statutes is created to read:

292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition: