2009 Wisconsin Act 28

281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12) the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

28,2628t Section 2628t. 283.31 (8) of the statutes is created to read:

283.31 (8) (a) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345.

(b) Of each fee paid under par. (a), $95 shall be credited to the appropriation account under s. 20.370 (4) (mi).

(c) The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (4) (mi) under par. (b).

28,2629 Section 2629. 283.35 (1m) of the statutes is created to read:

283.35 (1m) Ballast water discharges. (a) The department may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state. A general permit issued under this subsection may contain effluent limitations.

(b) If the department issues a general permit under par. (a), the department shall charge the following fees:

1. An application fee of $1,200 to be paid by any person who applies for coverage under a general permit issued under this subsection.

2. An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.

(c) Paragraph (b) does not apply after June 30, 2013.

(d) On or before June 30, 2013, the department shall promulgate rules establishing application fees and annual fees for coverage under a general permit issued under this subsection. The department shall establish fees that are based on the costs to the department of administering and enforcing this subsection. The department shall charge the fees established by rule under this paragraph beginning on July 1, 2013.

(e) Coverage under a general permit issued under this subsection is valid for a period of 5 years. The department may renew coverage under a general permit issued under this subsection upon application.

(f) The department shall credit the fees collected under this subsection to the appropriation account under s. 20.370 (4) (aj).

28,2632 Section 2632. 285.59 (1) (b) of the statutes is amended to read:

285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority.

28,2633 Section 2633. 285.66 (2) (c) of the statutes is created to read:

285.66 (2) (c) Notwithstanding par. (a), the department may specify a term of longer than 5 years for an operation permit or specify that an operation permit does not expire if all of the following apply:

1. The operation permit is for a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act.

2. The operation permit is not a registration permit or a general permit.

28,2634 Section 2634. 285.69 (1) (a) 3. of the statutes is repealed.

28,2635 Section 2635. 285.69 (1g) of the statutes is repealed.

28,2636 Section 2636. 285.69 (2) (title) of the statutes is amended to read:

285.69 (2) (title) Fees for persons required to have federal operation permits.

28,2637 Section 2637. 285.69 (2) (a) (intro.) of the statutes is amended to read:

285.69 (2) (a) (intro.) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required under the federal clean air act. The rules shall provide all of the following:

28,2638 Section 2638. 285.69 (2) (c) (intro.) of the statutes is amended to read:

285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

28,2639 Section 2639. 285.69 (2) (f) of the statutes is repealed.

28,2640 Section 2640. 285.69 (2) (g) of the statutes is repealed.

28,2641 Section 2641. 285.69 (2) (h) of the statutes is repealed.

28,2642 Section 2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and 285.69 (2m) (b) (intro.), as renumbered, is amended to read:

285.69 (2m) (b) (intro.) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

28,2643 Section 2643. 285.69 (2m) of the statutes is created to read:

285.69 (2m) Fees for state permit sources. (a) The owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $300 per year, except as provided in par. (b).

(b) An owner or operator to whom the department has issued an operation permit for one or more points of emission from an existing source in order to limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $4,100 per year if the operation permit includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of the amount that results in a stationary source being classified as a major source.

28,2644 Section 2644. 285.69 (3) (a) of the statutes is amended to read:

285.69 (3) (a) 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 for an inspection plus the fee under sub. (1) (c) may not exceed $400 $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $750 $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. 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 renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

28,2645 Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.) and amended to read:

285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may charge the costs all of the following:

1. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

28,2646 Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:

285.69 (3) (b) 2. A fee in the amount of $100 for the department to inspect property proposed to be used for a community fire safety training project for which the department requires inspection.

28,2647 Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:

285.69 (3) (b) 3. A fee in the amount of $100 for the department to review a revised notice of an asbestos renovation or demolition activity, submitted by a person required by the department to provide such notice.

28,2648 Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:

285.69 (3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the department, before the project was initiated.

28,2649g Section 2649g. 289.01 (4m) of the statutes is created to read:

289.01 (4m) "Building waste" means solid waste resulting from the construction, demolition, or razing of buildings.

28,2650g Section 2650g. 289.01 (5m) of the statutes is created to read:

289.01 (5m) "Construction landfill" means a solid waste disposal facility used for the disposal of only construction and demolition wastes.

28,2651g Section 2651g. 289.01 (5r) of the statutes is created to read:

289.01 (5r) "Construction and demolition waste" means solid waste resulting from the construction, demolition, or razing of buildings, roads, and other structures.

28,2656 Section 2656. 289.33 (3) (d) of the statutes is amended to read:

289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.

28,2656k Section 2656k. 289.51 (3) of the statutes is created to read:

289.51 (3) The department may not require that ash resulting from the burning of a structure for practice or instruction of fire fighters or the testing of fire fighting equipment be disposed of in a landfill licensed under s. 289.31.

28,2656h Section 2656h. 289.63 (1) of the statutes is amended to read:

289.63 (1) Imposition of groundwater and well compensation fees on generators. Except as provided under sub. (6), a generator of solid or hazardous waste shall pay separate groundwater 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 and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater and well compensation fees to the licensed solid or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives groundwater and well compensation fees under this subsection shall pay the fees to the licensed solid or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656i Section 2656i. 289.64 (1) of the statutes is amended to read:

289.64 (1) Imposition of solid waste facility siting board fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a solid waste facility siting board 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 and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the solid waste facility siting board fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives the solid waste facility siting board fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656j Section 2656j. 289.64 (2) of the statutes is amended to read:

289.64 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill shall collect the solid waste facility siting board 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 or at the construction landfill during the preceding reporting period.

28,2656jm Section 2656jm. 289.64 (5) of the statutes is amended to read:

289.64 (5) 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 waste or hazardous waste disposal facility or of any construction landfill shall pay the solid waste facility siting board fee required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

28,2656k Section 2656k. 289.64 (7) (a) of the statutes is amended to read:

289.64 (7) (a) If a person required under sub. (1) to pay the solid waste facility siting board fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill 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).

28,2656L Section 2656L. 289.645 (1) of the statutes is amended to read:

289.645 (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 and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. 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 the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. 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 or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656m Section 2656m. 289.645 (2) of the statutes is amended to read:

289.645 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill 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 or at the construction landfill during the preceding reporting period.

28,2657 Section 2657. 289.645 (3) of the statutes is amended to read:

289.645 (3) Amount of recycling fee. The fee imposed under this section is $4 $7 per ton for all solid waste other than high-volume industrial waste.

28,2657b Section 2657b. 289.645 (5) (intro.) of the statutes is amended to read:

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

28,2657d Section 2657d. 289.645 (7) (a) of the statutes is amended to read:

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

28,2657f Section 2657f. 289.67 (1) (a) of the statutes is amended to read:

289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to the construction landfill to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph 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).

28,2657h Section 2657h. 289.67 (1) (b) of the statutes is amended to read:

289.67 (1) (b) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility or of a construction landfill shall collect the environmental repair 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 fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.

28,2657u Section 2657u. 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. pars. (cv) and (d), the environmental repair fee imposed under par. (a) is 20 cents per ton.

28,2658 Section 2658. 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. pars. (cv) and (d), the environmental repair fee imposed under par. (a) is 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5.70 per ton disposed of on or after November 1, 2007 July 1, 2009.

28,2658e Section 2658e. 289.67 (1) (cv) of the statutes is created to read:

289.67 (1) (cv) Environmental repair fee for certain sediments. The environmental repair fee imposed under par. (a) is $4.05 per ton for solid or hazardous waste disposed of on or after July 1, 2009, that consists of sediments that are contaminated with PCBs, as defined in s. 299.45 (1) (a), and that are removed from the bed of a navigable water of this state in connection with a phase of a project to remedy contamination of the bed of the navigable water if the quantity of the sediments removed, either in the phase or in combination with other planned phases of the project, will exceed 200,000 cubic yards and if removal of sediments under the project began before the effective date of this paragraph .... [LRB inserts date].

28,2658g Section 2658g. 289.67 (1) (g) of the statutes is amended to read:

289.67 (1) (g) Reporting period. The reporting period under this subsection 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 or of any construction landfill shall pay environmental repair fees required to be collected under par. (b) at the same time as any tonnage fees under s. 289.62 (1).