(c) A grant 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) For a county that is the responsible unit for at least 75% of the population of the county, the department shall award a grant under this subsection equal to the greater of $100,000 or the amount determined under par. (a), but not more than the allowable expenses under sub. (3) (b).
(e) For grants for the year 2002, the department shall award a grant to a responsible unit that received an award in 2001 that is equal to at least 80% of the amount received in 2001.
(f) Beginning with grants for the year 2005, the department shall reduce a grant calculated under par. (b) by $1.50 times the population of the responsible unit if the responsible unit is not eligible for a grant under s. 287.235.
(g) If the available funds are insufficient to pay the grant amounts determined under this subsection, the department shall achieve the necessary reduction in the total amount of the grants by reducing the amount of each grant determined under this subsection, except a grant determined under par. (d) or (e), by an equal percentage.
16,3226
Section 3226. 287.23 (5m) of the statutes is amended to read:
287.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (6) (bq).
16,3226c
Section 3226c. 287.23 (6) of the statutes is renumbered 287.23 (6) (a) and amended to read:
287.23 (6) (a) The Except as provided in par. (b), the department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.
16,3226d
Section 3226d. 287.23 (6) (b) of the statutes is created to read:
287.23 (6) (b) For grants for the year 2002, the department shall disburse a total of $19,500,000 no later than June 1, 2002, and a total of $5,000,000 after June 30, 2002, but no later than December 1, 2002.
16,3226k
Section 3226k. 287.235 of the statutes is created to read:
287.235 Recycling efficiency incentive grants. (1) Eligibility. Beginning in fiscal year 2002-03 the department shall make a recycling efficiency incentive grant to a responsible unit
that satisfies all of the following criteria:
(a) The responsible unit is one of the following:
1. A county .
2. A responsible unit, other than a county, with a population of 50,000 or more.
3. A responsible unit that is formed by the merger of 3 or more responsible units or that is the responsible unit for 3 or more municipalities.
(b) The responsible unit engages in coordinated program delivery, as specified under s. 287.03 (1) (f).
(2) Grant amount.
(a) Except as provided in pars. (b) and (c) and sub. (3) (a), the department shall provide a grant amount to an eligible responsible unit equal to $1 times the population of the responsible unit.
(b) If the available funds are insufficient to pay the grant amount determined under par. (a), the department shall achieve the necessary reduction in the total amount of the grants by reducing the grant amount determined
under par. (a) for each eligible responsible unit by an equal percentage.
(c) A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grants are made.
(3) Application and payment. (a) Applications for grants under this subsection are due on October 1 of the year preceding the year for which the grant is sought. If a responsible unit submits its application after that date, the department shall reduce the grant, or deny the application, as provided in s. 287.23 (5p).
(b) The department shall disburse 50% of a grant to the applicant no later than June 1 of the year for which the grant is made and the balance no later than December 1 of the year for which the grant is made. For grants for 2002, the department shall disburse a total of $3,800,000.
16,3227e
Section 3227e. 287.95 (3) (b) of the statutes is amended to read:
287.95 (3) (b) After December 31, 1996, any person who violates s. 287.07 (3) and, (4), (9), or (10) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation, and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
16,3227q
Section 3227q. 289.41 (6) (a) of the statutes is amended to read:
289.41 (6) (a) Compliance. Except as provided under par. (j), (k), or (L) or sub. (7), calculations and determinations based on data and information provided in the opinion of the certified public accountant are required to establish that the company satisfies each of the criteria under pars. (b) to (i) in order to comply with minimum financial standards.
16,3227r
Section 3227r. 289.41 (6) (k) of the statutes is created to read:
289.41 (6) (k) Exception from one criterion. Paragraph (e) does not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (f) to (i).
16,3227s
Section 3227s. 289.41 (6) (L) of the statutes is created to read:
289.41 (6) (L) Alternative criteria for certain companies. Paragraphs (e) and (f) do not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (g) to (i) and one of the following criteria:
1. The company received a rating for its senior unsubordinated debt of "AAA," "AA," "A," or "BBB" from Standard and Poor's Corporation, or of "Aaa," "Aa," "A," or "Baa" from Moody's Investor Service, Incorporated, in the most recent issuance of ratings by either firm.
2. The quotient of the sum of net income plus depreciation, plus depletion, plus amortization, minus $10,000,000, divided by total liabilities at the end of the company's most recently completed fiscal year exceeds 0.1.
16,3228db
Section 3228db. 289.645 (3) (intro.) and (a) of the statutes are consolidated, renumbered 289.645 (3) and amended to read:
289.645 (3) Amount of recycling fee. The fee imposed under this section is as follows: (a) For
$3 per ton for all solid waste other than high-volume industrial waste, 30 cents per ton.
16,3228h
Section 3228h. 289.83 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.
16,3228j
Section 3228j. 289.83 (5) of the statutes is amended to read:
289.83 (5) Payment of grant. The department shall make 10 annual grant payments annually over a 10-year period to recipients who applied in fiscal years 1992-93 and 1993-94. Each grant payment shall equal 10% of the total grant to a political subdivision.
16,3229
Section 3229. 292.11 (9) (e) 1m. f. of the statutes is amended to read:
292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).
16,3230
Section 3230. 292.13 (1m) (intro.) of the statutes is amended to read:
292.13 (1m) Exemption from liability for soil contamination. (intro.) A person 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, including sediments, on property possessed or controlled by the person if all of the following apply:
16,3231
Section 3231. 292.15 (2) (a) 4. of the statutes is amended to read:
292.15 (2) (a) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3232
Section 3232. 292.15 (2) (ae) 4. of the statutes is amended to read:
292.15 (2) (ae) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3234
Section 3234. 292.15 (2) (ag) of the statutes is amended 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) or (1m), 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:
1. 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 for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).
2. 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 for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).
3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1) or (1m).
4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g) or (1m) (d) to (g).
16,3236
Section 3236. 292.15 (2) (b) 4. of the statutes is created to read:
292.15 (2) (b) 4. If the voluntary party does not own or control the property, the person who owns or controls the property fails to maintain and monitor the property as required under rules promulgated by the department or any contract entered into under those rules.
16,3259
Section 3259. 292.31 (7) (am) of the statutes is created to read:
292.31
(7) (am) 1. The department may accept the transfer of an interest in property that was acquired by the federal environmental protection agency as part of a remedial action under the federal Comprehensive Environmental Response, Compensation, and Liability Act,
42 USC 9601 to
9675.
2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.
3. The department may enforce the terms of any interest in property that it acquires under this paragraph.
16,3260b
Section 3260b. 292.35 (1) (am) of the statutes is created to read:
292.35 (1) (am) "Financial assistance" means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial action for a site or facility.
16,3262b
Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and amended to read:
292.35 (2) Applicability. (intro.) This section only applies to a site or facility if the one of the following criteria is satisfied:
(a) The site or facility is owned by a local governmental unit. This section does not apply to a landfill until January 1, 1996.
16,3263b
Section 3263b. 292.35 (2) (b) of the statutes is created to read:
292.35 (2) (b) A local governmental unit that owns a portion of the site or facility commits itself, by resolution of its governing body, to paying more than 50% of the amount equal to the difference between the cost of investigation and remedial action for the site or facility and any financial assistance received for the site or facility.
16,3288
Section 3288. 292.65 (1) (intro.) of the statutes is amended to read:
292.65 (1) Definitions. (intro.) In this section and s. 292.66:
16,3289
Section 3289. 292.65 (1) (b) of the statutes is amended to read:
292.65 (1) (b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent product discharge.
16,3290
Section 3290. 292.65 (1) (d) (intro.) of the statutes is amended to read:
292.65 (1) (d) (intro.) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product, other than a facility that is one of the following:
16,3291
Section 3291. 292.65 (1) (e) of the statutes is amended to read:
292.65 (1) (e) "Dry cleaning solvent product" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics.
16,3292
Section 3292. 292.65 (1) (gm) of the statutes is amended to read:
292.65 (1) (gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent product occurs, or after the discovery of a discharge of dry cleaning solvent
product, to halt the discharge, contain or remove discharged dry cleaning solvent product, or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state and to eliminate any imminent threat to public health, safety, or welfare.
16,3293
Section 3293. 292.65 (1) (gs) of the statutes is created to read:
292.65 (1) (gs) "Interim action" means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety, or welfare or to the environment, while other remedial actions are being planned.
16,3294
Section 3294. 292.65 (4) (b) of the statutes is amended to read:
292.65 (4) (b) Report. An owner or operator shall report a dry cleaning solvent product discharge to the department in a timely manner, as provided in s. 292.11.
16,3295
Section 3295. 292.65 (4) (e) of the statutes is amended to read:
292.65 (4) (e) Investigation. After notifying the department under par. (c) 1., if applicable, and before conducting remedial action activities, an owner or operator shall complete an investigation to determine the extent of environmental impact of the dry cleaning solvent product discharge, except as provided in pars. (g) and (h).
16,3296
Section 3296. 292.65 (4) (h) of the statutes is repealed and recreated to read:
292.65 (4) (h) Interim action. An owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary.
16,3297
Section 3297. 292.65 (4) (i) of the statutes is amended to read:
292.65 (4) (i) Review of site investigation and remedial action plan. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent
product discharge.
16,3298
Section 3298. 292.65 (4) (j) (intro.) and 1. of the statutes are amended to read:
292.65 (4) (j) Remedial action. (intro.) The owner or operator shall conduct all remedial action activities that are required under this section in response to the dry cleaning solvent product discharge, including all of the following:
1. Recovering any recoverable dry cleaning solvent product from the environment.
16,3299
Section 3299. 292.65 (5) (b) (intro.) of the statutes is amended to read:
