AB133-ASA1,1275,33
(a) Assist in the establishment of nonprofit conservation organizations.
AB133-ASA1,1275,44
(b). Provide technical assistance to nonprofit conservation organizations.
AB133-ASA1,1275,65
(c) Conduct conferences on topics for which technical assistance is provided
6under par. (b).
AB133-ASA1,1275,178
285.01
(40) "Solid waste" means any garbage, refuse, sludge from a waste
9treatment plant, water supply treatment plant or air pollution control facility and
10other discarded or salvageable materials, including solid, liquid, semisolid, or
11contained gaseous materials resulting from industrial, commercial, mining and
12agricultural operations, and from community activities, but does not include solids
13or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
14return flows or industrial discharges which are point sources subject to permits
15under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
16material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
17(3) (1).
AB133-ASA1,1275,2119
285.11
(18) Adopt and apply objective performance measurements, for the
20subunit of the department that administers this chapter, relating to the issuance of
21permits under subch. VII and to overall performance of the subunit.
AB133-ASA1,1276,423
285.17
(3) The department may not post on the Internet any information that
24is required to be reported to the department under this chapter and that relates to
25a facility's air emissions, including the nature and duration of specific emissions of
1an air contaminant source and any results of monitoring the emissions of a
2contaminant source or the ambient air in the vicinity of a contaminant source, unless
3the department certifies that the information is accurate on the date on which the
4information is posted.
AB133-ASA1,1276,86
285.69
(2) (a) 1. That fees collected in a year
before 2002 are based on actual
7emissions of all regulated pollutants and any other air contaminant specified by the
8department in the rules in the preceding year.
AB133-ASA1,1276,1310
285.69
(2) (a) 4. That the fees collected in each year after 1994
and before 2002 11are calculated by increasing the fees collected in the preceding year by the percentage
12by which the consumer price index, as defined in
42 USC 7661a (b) (3) (B) (v),
13increased in the preceding year.
AB133-ASA1,1276,1915
285.69
(2) (a) 5. That fees are not based on emissions by an air contaminant
16source in excess of
4,000 5,000 tons per year of each regulated pollutant, except that,
17subject to par. (b), this limitation does not apply to a major utility, as defined in s.
18285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of
42
19USC 7651c.
AB133-ASA1,1276,2221
285.69
(2) (a) 7. That the fees billed for a stationary source in each year after
222001 are based on the fees billed for the stationary source in 2001.
AB133-ASA1,1277,223
8. That the fee billed for each stationary source in each year after 2001 is based
24on the actual emissions of all regulated pollutants, and any other air contaminant
1specified by the department in the rules, in the preceding 5 years, using a 5-year
2rolling average.
AB133-ASA1,1277,83
9. That fees billed in years after 2001 are determined using a
4performance-based approach that increases a stationary source's fees in proportion
5to increases in the amount of pollutants emitted by the stationary source, as
6determined under subd. 8., and decreases a stationary source's fees in proportion to
7decreases in the amount of pollutants emitted by the stationary source, as
8determined under subd. 8.
AB133-ASA1,1277,109
10. That no multiplier or similar mechanism is used that would increase a
10stationary source's fees to compensate for decreases in overall amounts of emissions.
AB133-ASA1,1277,1211
11. That no provision is used that would increase the fee per unit of pollutant
12emitted in order to compensate for decreases in overall amounts of emissions.
AB133-ASA1,1277,1814
285.69
(2) (b) The department may not charge a major utility fees on emissions
15in excess of
4,000 5,000 tons per year of each regulated pollutant beyond the amount
16necessary to recover the fees that would have been charged for any phase I affected
17unit listed in Table A of
42 USC 7651c owned by that major utility if the prohibition
18in par. (a) 6. did not exist.
AB133-ASA1,1278,220
285.69
(3) Asbestos inspection fees. The department may promulgate rules
21for the payment and collection of fees for inspecting nonresidential asbestos
22demolition and renovation projects regulated by the department. The fees under this
23subsection may not exceed
$200 $210 per project. The fees collected under this
24subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct
1and indirect costs of conducting inspections of nonresidential asbestos demolition
2and inspection projects regulated by the department.
AB133-ASA1,1278,6
4285.86 Asbestos citations. (1) The department may follow the procedures
5for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a
6person who commits a violation specified under sub. (2).
AB133-ASA1,1278,12
7(2) The department shall promulgate rules that specify violations of rules
8relating to asbestos abatement and management that are promulgated under ss.
9285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated
10under this subsection, the department may limit the applicability of sub. (1) based
11on the frequency of violation and on health and environmental risks caused by the
12violation.
AB133-ASA1,1278,15
13(3) The department shall submit any proposed rules under sub. (2) to the
14department of justice. The department may not promulgate a rule under sub. (2)
15unless the rule is approved by the department of justice.
AB133-ASA1,1278,2118
287.23
(5) (c) 2. Except as provided in subd.
5. 2m. or sub. (5e), for all other
19responsible units, the amount of the grant for 1993 through
2000 2001 equals either
2066% of the difference between eligible expenses and avoided disposal costs or
33% of
21eligible expenses, whichever is greater.
AB133-ASA1,1278,24
222m. If the amount determined under subd. 2. is greater than $8 times the
23population of the responsible unit,
whichever is less
the grant equals $8 times the
24population of the responsible unit.
AB133-ASA1,1279,72
287.23
(5e) Proration. If available funds are insufficient, under sub. (5) (c)
2. 32m., to pay $8 times the population of all of the responsible units that are entitled
4to that amount, the department shall distribute the funds so that each responsible
5unit that would be entitled to $6 times its population if the per person amount in sub.
6(5) (c)
2. 2m. were $6 receives $6 times its population and shall prorate the remaining
7funds.
AB133-ASA1,1279,109
287.23
(7) Sunset. No grant may be awarded under this section for any year
10after the year
2000 2001.
AB133-ASA1,1279,2112
289.01
(33) "Solid waste" means any garbage, refuse, sludge from a waste
13treatment plant, water supply treatment plant or air pollution control facility and
14other discarded or salvageable materials, including solid, liquid, semisolid, or
15contained gaseous materials resulting from industrial, commercial, mining and
16agricultural operations, and from community activities, but does not include solids
17or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
18return flows or industrial discharges which are point sources subject to permits
19under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
20material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
21(3) (1).
AB133-ASA1,1279,24
23289.54 Disposal of certain dredged materials. (1) In this section, "PCBs"
24has the meaning given in s. 299.45 (1) (a).
AB133-ASA1,1280,7
1(2) The department may not approve a request by the operator of a solid waste
2disposal facility to accept dredged materials that contain PCBs or heavy metals in
3a concentration of less than 50 parts per million for disposal in the solid waste
4disposal facility until after the department holds a public meeting in the city, village
5or town in which the solid waste disposal facility is located. At the public meeting,
6the department shall describe the nature of the requested disposal and shall solicit
7public comment.
AB133-ASA1,1280,119
289.67
(2) (b) 1. A generator of hazardous waste shall pay a base fee of
$125 10$210 if the generator has generated more than zero pounds in that particular year,
11plus
$12 $20 per ton of hazardous waste generated during the reporting year.
AB133-ASA1,1280,1212
2. No generator may pay a fee that is greater than
$10,000 $17,000.
AB133-ASA1,1280,1514
291.09
(3) The department shall study whether the list of hazardous wastes
15under s. 291.05 (2) should be revised as it relates to commercial chemical products.
AB133-ASA1,1280,2017
292.11
(7) (d) 1m. The department may negotiate and enter into an agreement
18containing a schedule for conducting nonemergency actions required under sub. (3)
19with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf
20of owners of contaminated property within one of the following:
AB133-ASA1,1280,2121
a. A business improvement district, as defined in s. 66.608 (1) (b).
AB133-ASA1,1280,2422
b. An area designated by the local governmental unit if the area consists of 2
23or more properties affected by a contiguous region of groundwater contamination or
24contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v).
AB133-ASA1,1281,3
1292.11
(7) (d) 2. The department may charge fees, in accordance with rules that
2it promulgates, to offset the costs of negotiating and entering into an agreement
3under subd. 1
. or 1m.
AB133-ASA1,1281,85
292.11
(9) (e) 1.
"Local In this paragraph, "local governmental unit" means a
6municipality, a redevelopment authority created under s. 66.431, a public body
7designated by a municipality under s. 66.435 (4)
, a community development
8authority or a housing authority.
AB133-ASA1, s. 2573
9Section
2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
AB133-ASA1,1281,1410
292.11
(9) (e) 1m. (intro.)
A Except as provided in subds. 2., 4., 6. and 7., a local
11governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to
12discharges of hazardous substances on or originating from property acquired by the
13local government unit
before, on or after the effective date of this subdivision ....
14[revisor inserts date], if any of the following applies:
AB133-ASA1,1281,1816
292.11
(9) (e) 1m. b. The local governmental unit acquired the property from
17a local governmental unit that
acquired is exempt under this subdivision with
18respect to the property
under a method described in subd. 1m. a.
AB133-ASA1,1281,2120
292.11
(9) (e) 1m. e. The local governmental unit acquired the property through
21escheat.
AB133-ASA1,1281,2423
292.11
(9) (e) 1m. f. The local governmental unit acquired the property using
24funds appropriated under s. 20.866 (2) (tz).
AB133-ASA1,1282,8
1292.11
(9) (e) 1s.
An Except as provided in subds. 2. and 4. to 6., an economic
2development corporation described in section
501 (c) of the Internal Revenue Code,
3as defined in s. 71.22 (4), that is exempt from federal taxation under section
501 (a)
4of the Internal Revenue Code, or an entity wholly owned and operated by such a
5corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property
6acquired before, on or after October 14, 1997, if the property is acquired to further
7the economic development purposes that qualify the corporation as exempt from
8federal taxation.
AB133-ASA1,1282,1712
292.11
(9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental
13unit or the economic development corporation agrees to allow the department, any
14authorized representatives of the department, any party that possessed or controlled
15the hazardous substance or caused the discharge of the hazardous substance and any
16consultant or contractor of such a party to enter the property to take action to respond
17to the discharge.
AB133-ASA1,1282,2119
292.11
(9) (e) 7. Subdivision 1m. does not apply to property described in subd.
201m. f. unless the local governmental unit enters into an agreement with the
21department to ensure that the conditions in subds. 2. and 4. are satisfied.
AB133-ASA1,1282,2323
292.15
(1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).
AB133-ASA1,1283,4
1292.15
(1) (am) "Natural attenuation" means the reduction in the mass and
2concentration in groundwater of a substance, and the products into which the
3substance breaks down, due to naturally occurring physical, chemical and biological
4processes, without human intervention.
AB133-ASA1, s. 2584
5Section
2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:
AB133-ASA1,1283,76
292.15
(1) (f) "Voluntary party" means a person who submits an application to
7obtain an exemption under this section and pays any fees required under sub. (5).
AB133-ASA1,1283,99
292.15
(2) (a) (title)
General.
AB133-ASA1, s. 2586
10Section
2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:
AB133-ASA1,1283,1811
292.15
(2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is
12exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
13(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
14promulgated under those provisions, with respect to
the existence discharges of
a 15hazardous
substance substances on
the or originating from a property,
if the release
16of those hazardous substances occurred prior to the date on which the department
17approves the environmental investigation of the property under subd. 1. and if all
18of the following occur at any time before or after the date of acquisition:
AB133-ASA1,1283,2420
292.15
(2) (a) 2. Except as provided in sub. (4), the
property is cleaned up by
21restoring the environment
is restored to the extent practicable
with respect to the
22discharges and
minimizing the harmful effects from
a discharge of the hazardous
23substance the discharges are minimized in accordance with rules promulgated by the
24department and any contract entered into under those rules.
AB133-ASA1,1284,4
1292.15
(2) (a) 3. The voluntary party obtains a certificate of completion from
2the department that the
property environment has been satisfactorily restored to the
3extent practicable
with respect to the discharges and that the harmful effects from
4a discharge of a hazardous substance the discharges have been minimized.
AB133-ASA1,1284,106
292.15
(2) (a) 6. The voluntary party has not obtained the
certification under
7subd. 3. certificate of completion by fraud or misrepresentation, by the knowing
8failure to disclose material information or under circumstances in which the
9voluntary party knew or should have known about more discharges of hazardous
10substances than were revealed by the investigation conducted under subd. 1.
