(c) The person who will operate the project agrees to take necessary actions to maintain compliance with surface water and groundwater requirements under ch. 281 and this chapter, other than the permitting requirement, and to take necessary actions to regain compliance with those requirements if a violation occurs in the course of the project.
(2) A person seeking a waiver under sub. (1) shall apply to the department in writing. The department shall approve or deny an application in writing no more than 45 days after receiving a complete application. The department may approve an application with conditions, including requirements for reporting project activities to the department and limitations on the duration of the project or the waiver for the project.
(3) A project for which the department grants a waiver under sub. (1) is an agricultural practice for the purposes of s. 823.08.
32,2952
Section
2952. 285.39 (4) of the statutes is amended to read:
285.39 (4) Report on new replenishment mechanisms. After expiration of the replenishment implementation period, if the department reports under sub. (2) (b) 1. or determines at any other time that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of commerce safety and professional services, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accuracy of this state's state implementation plan with respect to the effect of emissions from inside and outside the volatile organic compound accommodation area on the ambient air quality within the area.
32,2955
Section
2955. 285.79 (3) (intro.) of the statutes is amended to read:
285.79 (3) Assistance program. (intro.) The department shall, in cooperation with the small business ombudsman clearinghouse under s. 560.03 (9), develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all of the following:
32,2956
Section
2956. 287.01 (5) of the statutes is repealed.
32,2957b
Section 2957b. 287.01 (8) of the statutes is amended to read:
287.01 (8) "Region" means the area within the boundaries of a responsible unit or an out-of-state unit.
32,2960
Section
2960. 287.03 (1) (f) of the statutes is repealed.
32,2961
Section
2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and amended to read:
287.07 (3) General disposal restrictions Waste tires. Beginning on January 1, 1995, no person may dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire without energy recovery in a solid waste treatment facility in this state any of the following:.
32,2962
Section
2962. 287.07 (3) (a) to (k) of the statutes are repealed.
32,2963b
Section 2963b. 287.07 (4) (intro.) of the statutes is amended to read:
287.07 (4) General incineration disposal restrictions. (intro.) Beginning on January 1, 1995, no person may dispose of in a solid waste disposal facility, convert into fuel, or burn with energy recovery at a solid waste treatment facility in this state any of the following:
32,2963e
Section 2963e. 287.07 (4e) of the statutes is created to read:
287.07 (4e) General restrictions on placing in container. (a) Beginning on the effective date of this paragraph .... [LRB inserts date], no person may place in a container the contents of which will be disposed of in a solid waste treatment facility, converted into fuel, or burned at a solid waste treatment facility any of the items identified in sub. (4) (a) to (k).
(b) Beginning on the effective date of this paragraph .... [LRB inserts date], no person may place a waste tire in a container the contents of which will be disposed of in a solid waste disposal facility or burned without energy recovery in a solid waste treatment facility.
32,2965
Section
2965. 287.07 (7) (b) 2. of the statutes is amended to read:
287.07 (7) (b) 2. A prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.
32,2966
Section
2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:
287.07 (7) (c) 1. cg. "Medical waste" means containers, packages and materials identified under sub. (3) or (4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
32,2967
Section
2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:
287.07 (7) (c) 2. (intro.) The prohibitions in subs.
(3) and (4) and (4e) do not apply with respect to any of the following:
32,2968
Section
2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:
287.07 (7) (c) 2. b. The disposal of, in a solid waste disposal facility, or the placing of, in a container the contents of which will be disposed of in a solid waste facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ch. 289, to render the infectious waste noninfectious.
32,2969b
Section 2969b. 287.07 (7) (d) of the statutes is amended to read:
287.07 (7) (d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.
32,2970
Section
2970. 287.07 (7) (f) of the statutes is amended to read:
287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.
32,2972
Section
2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:
287.07 (7) (h) 1. (intro.) The department may grant a waiver or conditional waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:
32,2977b
Section 2977b. 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.
32,2977d
Section 2977d. 287.11 (2e) of the statutes is repealed.
32,2977f
Section 2977f. 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:
32,2977h
Section 2977h. 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.
32,2977j
Section 2977j. 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 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).
32,2977L
Section 2977L. 287.11 (3) of the statutes is amended to read:
287.11 (3) List. The department shall prepare and periodically update a list of responsible units and out-of-state units that have an effective recycling program.
32,2977n
Section 2977n. 287.11 (4) of the statutes is repealed.
32,2977p
Section 2977p. 287.17 (1) (np) of the statutes is amended to read:
287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, or a private school participating in the program under s. 119.23.
32,2980b
Section 2980b. 287.23 (1) (c) of the statutes is repealed.
32,2980c
Section 2980c. 287.23 (1m) of the statutes is repealed.
32,2980d
Section 2980d. 287.23 (3) (a) of the statutes is repealed.
32,2980f
Section 2980f. 287.23 (3) (ac) of the statutes is repealed.
32,2980h
Section 2980h. 287.23 (5) of the statutes is repealed.
32,2980j
Section 2980j. 287.23 (5e) of the statutes is repealed.
32,2980L
Section 2980L. 287.23 (5m) of the statutes is repealed.
32,2980n
Section 2980n. 287.23 (5p) (a) to (c) of the statutes are 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) or (5m) (5b).
(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) or (5m) (5b).
(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) or (5m) (5b).
32,2980p
Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and amended to read:
287.23 (6) Disbursement. Except as provided in par. (b), the 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.
32,2980r
Section 2980r. 287.23 (6) (b) of the statutes is repealed.
32,2981
Section
2981. 287.235 of the statutes is repealed.
32,2981g
Section 2981g. 287.24 of the statutes is created to read:
287.24 Recycling consolidation grants.
(1) In this section, "population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under s. 16.96.
(2) The department shall make a grant from the appropriation account under s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s. 287.11 to have an effective recycling program if any of the following applies:
(a) The responsible unit is a county.
(b) The responsible unit is a federally recognized Indian tribe or band.
(c) The responsible unit has a population of 25,000 or more and consists of one or more municipalities.
(d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the following applies:
1. By October 1 in the year preceding the year for which the grant is made, the responsible unit consists of what had been at least 2 responsible units.
2. By October 1 in the year preceding the year for which the grant is made, the responsible unit enters into a cooperative agreement with another responsible unit for the joint provision of at least one of the following elements of an effective recycling program:
a. Performing comprehensive program planning.
b. Collecting and transporting recyclable materials.
c. Sorting recyclable materials at a materials recovery facility.
d. Developing and distributing educational materials relating to waste reduction, reuse, and recycling.
e. Carrying out a program of technical assistance to businesses and owners and occupants of multifamily dwellings to increase the availability and convenience of recycling.
f. Any other program element approved by the department.
(3) Subject to sub. (4), the department shall determine the amount of a grant to a responsible unit under this section as follows:
(a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total population of the responsible units eligible under sub. (2).
(b) Multiply the amount determined under par. (a) by the population of the responsible unit.
(4) A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b).
32,2982
Section
2982. 287.25 of the statutes is repealed.
32,2983
Section
2983. 287.26 of the statutes is repealed.
32,2984
Section
2984. 287.31 (6) of the statutes is amended to read:
287.31 (6) Use of revenues. The newspaper recycling fees collected under sub. (5) shall be deposited in the recycling and renewable energy environmental fund under s. 25.49.
32,2984n
Section 2984n. 289.63 (6) (title) of the statutes is amended to read:
289.63 (6) (title) Exemption from groundwater and well compensation fees; for certain materials used in operation of the facility.
32,2984p
Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).
32,2984r
Section 2984r. 289.63 (6) (b) of the statutes is created to read:
