Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,435,13 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".

AB133-ASA1-AA2,435,14 931. Page 1234, line 14: after "may" insert ", beginning July 1, 2000,".

AB133-ASA1-AA2,435,16 932. Page 1234, line 24: delete that line and substitute "$500,000 in fiscal year 2000-01 and in each fiscal year thereafter.".

AB133-ASA1-AA2,435,18 933. Page 1235, line 2: delete that line and substitute "under s. 255.10, $500,000 in".

AB133-ASA1-AA2,435,19 934. Page 1235, line 4: delete lines 4 to 6.

AB133-ASA1-AA2,435,20 935. Page 1235, line 11: delete lines 11 to 15.

AB133-ASA1-AA2,435,21 936. Page 1236, line 12: delete "beginning in fiscal year 2000-01,".

AB133-ASA1-AA2,435,22 937. Page 1238, line 10: after that line insert:

AB133-ASA1-AA2,435,23 " Section 2487x. 281.165 of the statutes is created to read:

AB133-ASA1-AA2,436,8 281.165 Compliance with water quality standards for wetlands. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the following requirements:

AB133-ASA1-AA2,436,10 (1) The wetland area that will be affected by the activity is less than 15 acres in size.

AB133-ASA1-AA2,436,12 (2) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB133-ASA1-AA2,436,14 (3) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB133-ASA1-AA2,436,17 (4) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

AB133-ASA1-AA2,436,18 (5) The site of the activity is located in Trempealeau County.".

AB133-ASA1-AA2,436,19 938. Page 1239, line 2: after that line insert:

AB133-ASA1-AA2,436,20 " Section 2490z. 281.57 (10t) of the statutes is created to read:

AB133-ASA1-AA2,437,6 281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.".

AB133-ASA1-AA2,437,7 939. Page 1276, line 4: after that line insert:

AB133-ASA1-AA2,437,8 " Section 2554r. 285.53 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,437,11 285.53 (1) (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., that has a capacity of 5 tons or more per day.

AB133-ASA1-AA2, s. 2554rm Section 2554rm. 285.53 (2) of the statutes is amended to read:

AB133-ASA1-AA2,437,15 285.53 (2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., shall continuously monitor emissions from the medical waste incinerator.

AB133-ASA1-AA2, s. 2554t Section 2554t. 285.55 (1) of the statutes is amended to read:

AB133-ASA1-AA2,437,19 285.55 (1) In this section, "medical waste incinerator" means a facility for solid waste treatment, as defined in s. 289.01 (39), that burns medical waste, as defined in s. 287.07 (7) (c) 1. cg. (8) (a) 4.

AB133-ASA1-AA2, s. 2554u Section 2554u. 285.55 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,438,2 285.55 (4) (intro.) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 287.07 (7) (c) 1. a. (8) (a) 1., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:

AB133-ASA1-AA2, s. 2555e Section 2555e. 285.63 (10) (a) of the statutes is amended to read:

AB133-ASA1-AA2,438,5 285.63 (10) (a) In this subsection, "medical waste incinerator" has the meaning given in s. 287.07 (7) (c) 1. cr. (8) (a) 5.

AB133-ASA1-AA2, s. 2555f Section 2555f. 285.63 (10) (c) 4. of the statutes is repealed.".

AB133-ASA1-AA2,438,7 940. Page 1278, line 15: after that line insert:

AB133-ASA1-AA2,438,8 " Section 2559b. 287.01 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559bm Section 2559bm. 287.01 (5) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559c Section 2559c. 287.01 (6) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559cm Section 2559cm. 287.01 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559d Section 2559d. 287.01 (9) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559e Section 2559e. 287.03 (1) (e) of the statutes is created to read:

AB133-ASA1-AA2,438,15 287.03 (1) (e) Promulgate by rule a model recycling ordinance for municipalities and counties.

AB133-ASA1-AA2, s. 2559f Section 2559f. 287.07 (1m) (title) of the statutes is amended to read:

AB133-ASA1-AA2,438,17 287.07 (1m) (title) Batteries, major appliances and, oil and tires.

AB133-ASA1-AA2, s. 2559fm Section 2559fm. 287.07 (1m) (c) of the statutes is created to read:

AB133-ASA1-AA2,438,21 287.07 (1m) (c) Dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire, as defined in s. 289.55 (1) (c), without energy recovery in a solid waste treatment facility in this state.

AB133-ASA1-AA2, s. 2559g Section 2559g. 287.07 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559gm Section 2559gm. 287.07 (3) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559h Section 2559h. 287.07 (4) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559i Section 2559i. 287.07 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2559j Section 2559j. 287.07 (7) (b) 1. b. of the statutes is amended to read:

AB133-ASA1-AA2,439,7 287.07 (7) (b) 1. b. "Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 285.60 or 289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in par. (c) 1. cr. sub. (8) (a) 5.

AB133-ASA1-AA2, s. 2559jm Section 2559jm. 287.07 (7) (b) 2. of the statutes is amended to read:

AB133-ASA1-AA2,439,15 287.07 (7) (b) 2. A The prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) (1m) (c) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a the type of material identified in one of those paragraphs that paragraph 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.

AB133-ASA1-AA2, s. 2559k Section 2559k. 287.07 (7) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1-AA2,439,23 287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do prohibition in sub. (1m) (c) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any the material identified in those subsections that paragraph if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.

AB133-ASA1-AA2, s. 2559L Section 2559L. 287.07 (7) (bg) of the statutes is amended to read:

AB133-ASA1-AA2,440,4 287.07 (7) (bg) The prohibitions in subs. sub. (1m) to (4) do not apply to a person who burns solid waste at a facility that uses solid waste as a supplemental fuel if less than 30% of heat input to the facility is derived from the solid waste burned as supplemental fuel.

AB133-ASA1-AA2, s. 2559m Section 2559m. 287.07 (7) (c) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559mm Section 2559mm. 287.07 (7) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2559n Section 2559n. 287.07 (7) (e) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559p Section 2559p. 287.07 (7) (f) of the statutes is amended to read:

AB133-ASA1-AA2,440,13 287.07 (7) (f) The prohibitions in subs. (2) and (3) do prohibition in sub. (1m) (c) does not apply to the beneficial reuse of a material waste tires within a solid waste disposal facility if the beneficial reuse of the material waste tires is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB133-ASA1-AA2, s. 2559pm Section 2559pm. 287.07 (7) (g) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559q Section 2559q. 287.07 (7) (h) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559qm Section 2559qm. 287.07 (8) (a) of the statutes is renumbered 287.07 (8) (am), and 287.07 (8) (am) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,440,20 287.07 (8) (am) (intro.) A generator of medical waste that sends waste to a medical waste incinerator shall develop policies concerning reduction of medical waste, as defined in sub. (7) (c) 1. cg., including all of the following:

AB133-ASA1-AA2, s. 2559r Section 2559r. 287.07 (8) (a) of the statutes is created to read:

AB133-ASA1-AA2,440,22 287.07 (8) (a) In this subsection:

AB133-ASA1-AA2,440,25 1. "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, optometric or veterinary care and treatment.

AB133-ASA1-AA2,441,1 2. "Hospital" has the meaning given in s. 50.33 (2).

AB133-ASA1-AA2,441,4 3. "Infectious waste" means solid waste that contains pathogens with sufficient virulence and in sufficient quantity that exposure of a susceptible human or animal to the solid waste could cause the human or animal to contract an infectious disease.

AB133-ASA1-AA2,441,7 4. "Medical waste" means containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

AB133-ASA1-AA2,441,10 5. "Medical waste incinerator" means a solid waste treatment facility that primarily burns infectious waste and other waste that contains or may be mixed with infectious waste.

AB133-ASA1-AA2,441,11 6. "Nursing home" has the meaning given in s. 50.01 (3).

AB133-ASA1-AA2,441,16 7. "Treatment area" means a room or area in a hospital or clinic the primary use of which is to provide emergency care, diagnosis or radiological treatment; an obstetrics delivery room in a hospital, other than a patient's room; or a room or area in a hospital, clinic or nursing home, identified by the department by rule, in which infectious waste is generated.

AB133-ASA1-AA2, s. 2559rm Section 2559rm. 287.09 of the statutes is repealed.

AB133-ASA1-AA2, s. 2559s Section 2559s. 287.095 of the statutes is amended to read:

AB133-ASA1-AA2,441,23 287.095 Responsible unit Local governmental liability. (1) Definition. In this section, "responsible unit local official" means any officer, official, agent or employe of a responsible unit municipality or county engaged in the planning, management, operation or approval of a recycling program or recycling site or facility.

AB133-ASA1-AA2,442,2 (2) Exemption from liability. No responsible unit local official is liable for civil damages as a result of good faith actions taken by the responsible unit local official within the scope of duties relating to the responsible unit's municipality or county recycling program or recycling site or facility.

AB133-ASA1-AA2, s. 2559t Section 2559t. 287.10 of the statutes is repealed.".

AB133-ASA1-AA2,442,4 941. Page 1278, line 16: delete that line and substitute:

AB133-ASA1-AA2,442,6 " Section 2559v. 287.11 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2560e Section 2560e. 287.19 (1) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,442,9 287.19 (1) (b) Recycling programs. (intro.) With respect to local recycling programs created under s. 287.09 (2) (a):

AB133-ASA1-AA2, s. 2560m Section 2560m. 287.21 (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,442,19 287.21 Statewide education program. (intro.) The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 287.01 to 287.31, enhance municipal and county solid waste management programs under s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:

AB133-ASA1-AA2, s. 2560w Section 2560w. 287.23 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.".

AB133-ASA1-AA2,442,23 942. Page 1278, line 17: delete the material beginning with that line and ending with page 1279, line 7, and substitute:

AB133-ASA1-AA2,442,24 " Section 2560wm. 287.23 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,443,7 287.23 (4) Application. (intro.) A responsible unit that seeks assistance under the program shall submit an application to the department. To qualify for a full grant, the responsible unit must submit the application no later than October 1 in the year preceding the year for which the assistance is sought. For the purpose of this subsection and sub. (5p), if an application is postmarked, it is considered to be submitted on the date that it is postmarked. An application shall include all of the following:

AB133-ASA1-AA2, s. 2560x Section 2560x. 287.23 (5) (intro.) of the statutes is renumbered 287.23 (5) and amended to read:

AB133-ASA1-AA2,443,20 287.23 (5) Grant award. The department shall award a grant to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p), the amount of the grant shall be determined as follows: For the grant for 2000, the department shall award to a responsible unit the proportion of the total amount available for grants under this section for 2000 that is equal to the proportion of the total amount awarded under this section for 1999 that the responsible unit received for 1999. For the grant for 2001, the department shall award to a responsible unit the proportion of the total amount available for grants for 2001 that is equal to the proportion of the total amount warded under this section for 1999 that the responsible unit received for 1999.