Amendment ASA1-AB100

AB100-ASA1,1171,15 (bm) Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund for environmental management.

AB100-ASA1,1171,18 (c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.

AB100-ASA1,1171,22 (8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

AB100-ASA1, s. 1958 Section 1958. 94.685 (2) of the statutes is repealed and recreated to read:

AB100-ASA1,1172,4 94.685 (2) (a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.

AB100-ASA1,1172,7 (b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.

AB100-ASA1, s. 1959 Section 1959. 94.685 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1172,11 94.685 (3) (a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:

AB100-ASA1,1172,12 1. A license fee of $60.

AB100-ASA1,1172,16 2. An agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1172,18 (b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB100-ASA1,1172,20 2. The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1960 Section 1960. 94.702 (3m) of the statutes is created to read:

AB100-ASA1,1172,23 94.702 (3m) The department shall deposit the fees collected under sub. (3) in the agrichemical management fund.

AB100-ASA1, s. 1961 Section 1961. 94.703 (3) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1173,4 94.703 (3) (a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:

AB100-ASA1,1173,5 1. A license fee of $70.

AB100-ASA1,1173,9 2. An agricultural chemical cleanup surcharge of $55, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1, s. 1962 Section 1962. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and amended to read:

AB100-ASA1,1173,13 94.703 (3) (c) 1. The department shall deposit the fees collected under this subsection par. (a) 1. in the agrichemical management fund.

AB100-ASA1, s. 1963 Section 1963. 94.703 (3) (c) 2. of the statutes is created to read:

AB100-ASA1,1173,16 94.703 (3) (c) 2. The department shall deposit surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1964 Section 1964. 94.704 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1173,22 94.704 (2) (intro.) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:

AB100-ASA1, s. 1965 Section 1965. 94.704 (3) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1173,25 94.704 (3) (a) Except as provided in par. (b), a person applying for an annual license under this section shall pay the following license fee and surcharge:

AB100-ASA1,1174,2 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1,1174,6 2. An agricultural chemical cleanup surcharge of $20, unless the department establishes a lower surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-ASA1, s. 1966 Section 1966. 94.704 (3) (c) of the statutes is created to read:

AB100-ASA1,1174,9 94.704 (3) (c) 1. The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.

AB100-ASA1,1174,11 2. The department shall deposit the surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1967 Section 1967. 94.72 (6) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1174,15 94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a person required to be licensed under sub. (5) shall pay the following annual inspection fees on all commercial feeds distributed in this state:

AB100-ASA1,1174,17 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15 cents per ton.

AB100-ASA1,1174,19 2. For commercial feeds distributed in this state on or after January 1, 2000, 25 cents per ton.

AB100-ASA1, s. 1968 Section 1968. 94.72 (6) (am) of the statutes is created to read:

AB100-ASA1,1175,2 94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February annually, a person who is required to be licensed under sub. (5) shall file a tonnage report with the department showing the number of net tons of commercial feed that the person sold or distributed in this state during the preceding calendar year. By the last day of February annually, the person shall also pay the fees under par. (a) for commercial feed that the person sold or distributed in this state during the preceding calendar year, based on the tonnage report.

AB100-ASA1,1175,5 2. At the request of the department, a person filing a tonnage report under subd. 1. shall make the records upon which the tonnage report is based available to the department for inspection, copying and audit.

AB100-ASA1,1175,7 3. The department may not disclose information obtained from a tonnage report under subd. 1.

AB100-ASA1, s. 1969 Section 1969. 94.73 (1) (g) of the statutes is amended to read:

AB100-ASA1,1175,11 94.73 (1) (g) "Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a) 2., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote 94.681 (1) (c).

AB100-ASA1, s. 1970 Section 1970. 94.73 (2) (c) of the statutes is amended to read:

AB100-ASA1,1175,23 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (w) (wm) for the corrective action costs incurred as the result of the department's order.

AB100-ASA1, s. 2532m Section 2532m. 94.73 (3) (a) of the statutes is amended to read:

AB100-ASA1,1176,3 94.73 (3) (a) The applicant submits an application that complies with sub. (5) within 3 years after incurring the corrective action costs or after the effective date of this paragraph .... [revisor inserts date], whichever is later.

AB100-ASA1, s. 1971 Section 1971. 94.73 (3m) (r) of the statutes is amended to read:

AB100-ASA1,1176,9 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (e) (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 for the replacement of private wells if the department or the department of natural resources orders the well replacement in response to a discharge.

AB100-ASA1, s. 1972 Section 1972. 94.73 (4) (a) of the statutes is amended to read:

AB100-ASA1,1176,14 94.73 (4) (a) Except as provided in par. (d), no responsible person may receive reimbursement for corrective action costs exceeding $20,000 $7,500 unless the responsible person submits to the department in writing, and the department approves, a work plan for the corrective action before the corrective action is taken.

AB100-ASA1, s. 1973 Section 1973. 94.73 (5) (e) of the statutes is amended to read:

AB100-ASA1,1177,2 94.73 (5) (e) No person may make a false statement or misrepresentation on an application submitted under this section. A person who makes a false statement or misrepresentation on an application related to a corrective action is ineligible for reimbursement related to that corrective action and is ineligible for any reimbursement related to any other corrective action taken or ordered within 5 years after the date of the false statement or misrepresentation. If the responsible person has received any reimbursement for which the responsible person is ineligible under this paragraph, the responsible person shall refund the full amount of that reimbursement to the department. The amounts refunded to the department under this paragraph shall be deposited in the agrichemical management agricultural chemical cleanup fund.

AB100-ASA1, s. 2537c Section 2537c. 94.73 (6) (b) 2. of the statutes is amended to read:

AB100-ASA1,1177,8 94.73 (6) (b) 2. If the corrective action includes groundwater remediation ordered by the department under sub. (2) or by the department of natural resources under s. 292.11 (7) (c) or if the criteria in rules promulgated under par. (g) are satisfied, 80% of the corrective action costs that exceed $100,000 but that do not exceed $300,000 $400,000.

AB100-ASA1, s. 2537e Section 2537e. 94.73 (6) (c) of the statutes is amended to read:

AB100-ASA1,1177,19 94.73 (6) (c) Except as provided in par. (e) or (f), if the department has previously reimbursed any responsible person for corrective action costs for the discharge site for which reimbursement is sought, the department shall reimburse the responsible person an amount equal to 50% of the corrective action costs that exceed $15,000 but that do not exceed $100,000, except that if the corrective action includes groundwater remediation ordered by the department under sub. (2) or by the department of natural resources under s. 292.11 (7) (c) or if the criteria in rules promulgated under par. (g) are satisfied, the department shall reimburse the responsible person an amount equal to 50% of the corrective action costs that exceed $15,000 but that do not exceed $300,000 $400,000.

AB100-ASA1, s. 2538b Section 2538b. 94.73 (6) (d) of the statutes is amended to read:

AB100-ASA1,1177,25 94.73 (6) (d) If Subject to par. (f), if the corrective action is related to a discharge that occurred in the course of transporting an agricultural chemical, the reimbursement under par. (b) is limited to 75% of the corrective action costs that exceed $7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that exceed $3,000 for any other person but that do not exceed $50,000.

AB100-ASA1, s. 2539b Section 2539b. 94.73 (6) (e) of the statutes is amended to read:

AB100-ASA1,1178,5 94.73 (6) (e) If Subject to par. (f), if the corrective action is related to a discharge that occurred in the course of transporting an agricultural chemical, the reimbursement under par. (c) is limited to 50% of the corrective action costs that exceed $15,000 but that do not exceed $50,000.

AB100-ASA1, s. 2539d Section 2539d. 94.73 (6) (f) of the statutes is created to read:

AB100-ASA1,1178,11 94.73 (6) (f) The department may not provide reimbursement under this section for corrective action costs that exceed $400,000 for any discharge site. For the purpose of this paragraph, a discharge that occurred in the course of transporting an agricultural chemical is considered to have occurred at the site belonging to, or operated by, the person transporting the agricultural chemical.

AB100-ASA1, s. 2539h Section 2539h. 94.73 (6) (g) of the statutes is created to read:

AB100-ASA1,1178,19 94.73 (6) (g) The department may promulgate rules under which it may provide reimbursement under pars. (b) and (c) for corrective action costs that exceed $100,000 at a site at which groundwater remediation is not ordered if the applicant obtains the approval of the department before incurring the costs and if the contamination is extensive or complex cleanup strategies are required. The rules shall establish criteria for exceeding the $100,000 limit, such as the size of the area contaminated or the type of agricultural chemical that is involved.

AB100-ASA1, s. 1974 Section 1974. 94.73 (7) of the statutes is repealed and recreated to read:

AB100-ASA1,1179,4 94.73 (7) Payment. (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those appropriation accounts. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

AB100-ASA1,1179,9 (b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.

AB100-ASA1, s. 1975 Section 1975. 94.73 (8) of the statutes is amended to read:

AB100-ASA1,1179,16 94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management agricultural chemical cleanup fund.

AB100-ASA1, s. 1976 Section 1976. 94.73 (13) of the statutes is amended to read:

AB100-ASA1,1179,21 94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB100-ASA1, s. 1977 Section 1977. 94.73 (15) of the statutes is created to read:

AB100-ASA1,1180,5 94.73 (15) Surcharge adjustments. (a) The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.

AB100-ASA1,1180,15 (b) If the department proposes to promulgate a rule under par. (a) using the procedures under s. 227.24, the department shall notify the cochairpersons of the joint committee on finance before beginning those procedures. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may begin the procedures under s. 227.24. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may not begin the procedures under s. 227.24 until the committee approves the proposed rule.

AB100-ASA1, s. 2543s Section 2543s. 95.60 of the statutes is created to read:

AB100-ASA1,1180,17 95.60 Importing fish; fish farms. (1) In this section:

AB100-ASA1,1180,21 (a) "Fish farm" means a facility at which a person hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, permitting fishing, use as bait or human or animal consumption or for sale to another person to rear for one of those purposes.

AB100-ASA1,1180,22 (b) "Waters of the state" has the meaning given in s. 281.01 (18).

AB100-ASA1,1180,25 (2) (a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without all of the following:

AB100-ASA1,1181,1 1. An annual permit issued by the department.

AB100-ASA1,1181,3 2. A health certificate for the fish or fish eggs that is issued by the department, by another state or by a veterinarian licensed under ch. 453 or by another state.

AB100-ASA1,1181,5 (b) The department of natural resources is exempt from having an annual permit issued under par. (a) 1.

AB100-ASA1,1181,7 (3) A person who operates a fish farm shall obtain a health certificate from the department for any fish eggs present or any fish reared on the fish farm.

AB100-ASA1,1181,10 (4) The department may inspect fish and fish eggs subject to subs. (2) and (3) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.

AB100-ASA1,1181,12 (5) The department shall, by rule, specify the fees for permits and certificates under this section.

AB100-ASA1, s. 1978 Section 1978. 97.29 (3) (cm) 1. of the statutes is amended to read:

AB100-ASA1,1181,16 97.29 (3) (cm) 1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $80.

AB100-ASA1, s. 1979 Section 1979. 97.29 (3) (cm) 3. of the statutes is amended to read:

AB100-ASA1,1181,20 97.29 (3) (cm) 3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $50.

AB100-ASA1, s. 1980 Section 1980. 97.29 (3) (cm) 5. of the statutes is created to read: