AB133-ASA1-AA2,438,1514 287.03 (1) (e) Promulgate by rule a model recycling ordinance for
15municipalities and counties.
AB133-ASA1-AA2, s. 2559f 16Section 2559f. 287.07 (1m) (title) of the statutes is amended to read:
AB133-ASA1-AA2,438,1717 287.07 (1m) (title) Batteries, major appliances and, oil and tires.
AB133-ASA1-AA2, s. 2559fm 18Section 2559fm. 287.07 (1m) (c) of the statutes is created to read:
AB133-ASA1-AA2,438,2119 287.07 (1m) (c) Dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid
20waste disposal facility or burn a waste tire, as defined in s. 289.55 (1) (c), without
21energy recovery in a solid waste treatment facility in this state.
AB133-ASA1-AA2, s. 2559g 22Section 2559g. 287.07 (2) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559gm 23Section 2559gm. 287.07 (3) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559h 24Section 2559h. 287.07 (4) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559i
1Section 2559i. 287.07 (7) (a) of the statutes, as affected by 1997 Wisconsin Act
227
, is repealed.
AB133-ASA1-AA2, s. 2559j 3Section 2559j. 287.07 (7) (b) 1. b. of the statutes is amended to read:
AB133-ASA1-AA2,439,74 287.07 (7) (b) 1. b. "Operating solid waste treatment facility" means a solid
5waste treatment facility that has an operating permit or license issued under s.
6285.60 or 289.31 prior to May 11, 1990, except for a medical waste incinerator, as
7defined in par. (c) 1. cr. sub. (8) (a) 5.
AB133-ASA1-AA2, s. 2559jm 8Section 2559jm. 287.07 (7) (b) 2. of the statutes is amended to read:
AB133-ASA1-AA2,439,159 287.07 (7) (b) 2. A The prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4)
10(b), (c), (f), (g), (h) or (i)
(1m) (c) does not apply to a person who converts into fuel or
11burns at an operating solid waste treatment facility a the type of material identified
12in one of those paragraphs that paragraph that was converted into fuel or burned at
13the operating solid waste treatment facility during April, 1990, and either is
14generated in the operating solid waste treatment facility's current service area or is
15generated by the owner of the operating solid waste treatment facility.
AB133-ASA1-AA2, s. 2559k 16Section 2559k. 287.07 (7) (b) 3. of the statutes, as created by 1997 Wisconsin
17Act 27
, is amended to read:
AB133-ASA1-AA2,439,2318 287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do prohibition in sub. (1m)
19(c) does
not apply to a person who converts into fuel or burns at an operating solid
20waste treatment facility any the material identified in those subsections that
21paragraph
if the person converted into fuel or burned the material at the operating
22solid waste treatment facility during April, 1990, and the material is generated
23outside of this state.
AB133-ASA1-AA2, s. 2559L 24Section 2559L. 287.07 (7) (bg) of the statutes is amended to read:
AB133-ASA1-AA2,440,4
1287.07 (7) (bg) The prohibitions in subs. sub. (1m) to (4) do not apply to a person
2who burns solid waste at a facility that uses solid waste as a supplemental fuel if less
3than 30% of heat input to the facility is derived from the solid waste burned as
4supplemental fuel.
AB133-ASA1-AA2, s. 2559m 5Section 2559m. 287.07 (7) (c) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559mm 6Section 2559mm. 287.07 (7) (d) of the statutes, as affected by 1997 Wisconsin
7Act 27
, is repealed.
AB133-ASA1-AA2, s. 2559n 8Section 2559n. 287.07 (7) (e) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559p 9Section 2559p. 287.07 (7) (f) of the statutes is amended to read:
AB133-ASA1-AA2,440,1310 287.07 (7) (f) The prohibitions in subs. (2) and (3) do prohibition in sub. (1m)
11(c) does
not apply to the beneficial reuse of a material waste tires within a solid waste
12disposal facility if the beneficial reuse of the material waste tires is approved in the
13solid waste disposal facility's plan of operation under s. 289.30.
AB133-ASA1-AA2, s. 2559pm 14Section 2559pm. 287.07 (7) (g) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559q 15Section 2559q. 287.07 (7) (h) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559qm 16Section 2559qm. 287.07 (8) (a) of the statutes is renumbered 287.07 (8) (am),
17and 287.07 (8) (am) (intro.), as renumbered, is amended to read:
AB133-ASA1-AA2,440,2018 287.07 (8) (am) (intro.) A generator of medical waste that sends waste to a
19medical waste incinerator shall develop policies concerning reduction of medical
20waste, as defined in sub. (7) (c) 1. cg., including all of the following:
AB133-ASA1-AA2, s. 2559r 21Section 2559r. 287.07 (8) (a) of the statutes is created to read:
AB133-ASA1-AA2,440,2222 287.07 (8) (a) In this subsection:
AB133-ASA1-AA2,440,2523 1. "Clinic" means a place, other than a residence, that is used primarily for the
24provision of nursing, medical, podiatric, dental, chiropractic, optometric or
25veterinary care and treatment.
AB133-ASA1-AA2,441,1
12. "Hospital" has the meaning given in s. 50.33 (2).
AB133-ASA1-AA2,441,42 3. "Infectious waste" means solid waste that contains pathogens with sufficient
3virulence and in sufficient quantity that exposure of a susceptible human or animal
4to the solid waste could cause the human or animal to contract an infectious disease.
AB133-ASA1-AA2,441,75 4. "Medical waste" means containers, packages and materials that contain
6infectious waste or that are from a treatment area and are mixed with infectious
7waste.
AB133-ASA1-AA2,441,108 5. "Medical waste incinerator" means a solid waste treatment facility that
9primarily burns infectious waste and other waste that contains or may be mixed with
10infectious waste.
AB133-ASA1-AA2,441,1111 6. "Nursing home" has the meaning given in s. 50.01 (3).
AB133-ASA1-AA2,441,1612 7. "Treatment area" means a room or area in a hospital or clinic the primary
13use of which is to provide emergency care, diagnosis or radiological treatment; an
14obstetrics delivery room in a hospital, other than a patient's room; or a room or area
15in a hospital, clinic or nursing home, identified by the department by rule, in which
16infectious waste is generated.
AB133-ASA1-AA2, s. 2559rm 17Section 2559rm. 287.09 of the statutes is repealed.
AB133-ASA1-AA2, s. 2559s 18Section 2559s. 287.095 of the statutes is amended to read:
AB133-ASA1-AA2,441,23 19287.095 Responsible unit Local governmental liability. (1) Definition.
20In this section, "responsible unit local official" means any officer, official, agent or
21employe of a responsible unit municipality or county engaged in the planning,
22management, operation or approval of a recycling program or recycling site or
23facility.
AB133-ASA1-AA2,442,2 24(2) Exemption from liability. No responsible unit local official is liable for civil
25damages as a result of good faith actions taken by the responsible unit local official

1within the scope of duties relating to the responsible unit's municipality or county
2recycling program or recycling site or facility.
AB133-ASA1-AA2, s. 2559t 3Section 2559t. 287.10 of the statutes is repealed.".
AB133-ASA1-AA2,442,4 4941. Page 1278, line 16: delete that line and substitute:
AB133-ASA1-AA2,442,6 5" Section 2559v. 287.11 of the statutes, as affected by 1997 Wisconsin Act 27,
6is repealed.
AB133-ASA1-AA2, s. 2560e 7Section 2560e. 287.19 (1) (b) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,442,98 287.19 (1) (b) Recycling programs. (intro.) With respect to local recycling
9programs created under s. 287.09 (2) (a):
AB133-ASA1-AA2, s. 2560m 10Section 2560m. 287.21 (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,442,19 11287.21 Statewide education program. (intro.) The department shall
12collect, prepare and disseminate information and conduct educational and training
13programs designed to assist in the implementation of solid waste management
14programs under ss. 287.01 to 287.31, enhance municipal and county solid waste
15management programs under s. 287.09 (2) (a) and inform the public of the
16relationship among an individual's consumption of goods and services, the
17generation of different types and quantities of solid waste and the implementation
18of the solid waste management priorities in s. 287.05 (12). The department shall
19prepare the information and programs on a statewide basis for the following groups:
AB133-ASA1-AA2, s. 2560w 20Section 2560w. 287.23 of the statutes, as affected by 1999 Wisconsin Act ....
21(this act), is repealed.".
AB133-ASA1-AA2,442,23 22942. Page 1278, line 17: delete the material beginning with that line and
23ending with page 1279, line 7, and substitute:
AB133-ASA1-AA2,442,24 24" Section 2560wm. 287.23 (4) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,443,7
1287.23 (4) Application. (intro.) A responsible unit that seeks assistance under
2the program shall submit an application to the department. To qualify for a full
3grant, the responsible unit must submit the application no later than October 1 in
4the year preceding the year for which the assistance is sought. For the purpose of
5this subsection and sub. (5p), if an application is postmarked, it is considered to be
6submitted on the date that it is postmarked. An application shall include all of the
7following:
AB133-ASA1-AA2, s. 2560x 8Section 2560x. 287.23 (5) (intro.) of the statutes is renumbered 287.23 (5) and
9amended to read:
AB133-ASA1-AA2,443,2010 287.23 (5) Grant award. The department shall award a grant to each eligible
11responsible unit that submits a complete grant application under sub. (4) for
12expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p),
13the amount of the grant shall be determined as follows:
For the grant for 2000, the
14department shall award to a responsible unit the proportion of the total amount
15available for grants under this section for 2000 that is equal to the proportion of the
16total amount awarded under this section for 1999 that the responsible unit received
17for 1999. For the grant for 2001, the department shall award to a responsible unit
18the proportion of the total amount available for grants for 2001 that is equal to the
19proportion of the total amount warded under this section for 1999 that the
20responsible unit received for 1999.
AB133-ASA1-AA2, s. 2560y 21Section 2560y. 287.23 (5) (a) to (c) of the statutes are repealed.
AB133-ASA1-AA2, s. 2562m 22Section 2562m. 287.23 (5e) to (5s) of the statutes are repealed.".
AB133-ASA1-AA2,443,23 23943. Page 1279, line 10: after that line insert:
AB133-ASA1-AA2,443,24 24" Section 2565b. 287.42 (4) of the statutes is created to read:
AB133-ASA1-AA2,444,8
1287.42 (4) Award a grant of $50,000 in each fiscal year to a private, nonprofit,
2industry-supported organization that is described in section 501 (c) (3) of the
3Internal Revenue Code and that provides waste reduction and recycling assistance
4through business-to-business peer exchange. An organization that is awarded a
5grant must be instrumental in assisting and encouraging companies and institutions
6to reduce their operating costs through improved production and solid waste
7management practices and must be in existence on the effective date of this
8subsection .... [revisor inserts date].
AB133-ASA1-AA2, s. 2565d 9Section 2565d. 287.46 (4) of the statutes, as affected by 1997 Wisconsin Acts
1027
and 1999 Wisconsin Act .... (this act), is repealed.
AB133-ASA1-AA2, s. 2565e 11Section 2565e. 287.46 (4) (a) of the statutes is amended to read:
AB133-ASA1-AA2,444,1712 287.46 (4) (a) From the appropriations Subject to par. (b), from the
13appropriation
under s. 20.143 (1) (L) and (tm), the department of commerce shall
14provide financial assistance awarded by the board under this subchapter . Subject
15to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of
16commerce shall
and pay contracts entered into by the board under s. 287.42 (3) and
17(3m) and grants awarded by the board under s. 287.42 (4)
.
AB133-ASA1-AA2, s. 2565f 18Section 2565f. 287.46 (4) (b) of the statutes is amended to read:
AB133-ASA1-AA2,444,2219 287.46 (4) (b) In any biennium, the department of commerce may not expend
20more than 10% of the amount appropriated credited to the appropriation account
21under s. 20.143 (1) (tm) for (L) in that biennium for contracts with and financial
22assistance to responsible units and other local units of government.".
AB133-ASA1-AA2,444,23 23944. Page 1279, line 10: after that line insert:
AB133-ASA1-AA2,444,24 24" Section 2564c. 287.25 of the statutes is repealed.
AB133-ASA1-AA2, s. 2564e
1Section 2564e. 287.27 (1) of the statutes is amended to read:
AB133-ASA1-AA2,445,82 287.27 (1) Definition. In this section, "materials recovery facility" means a
3facility where the materials specified in sub. (4) (b) or s. 287.07 (3), 1997 stats., or s.
4287.07
(4), 1997 stats., not mixed with other solid waste, are processed for reuse or
5recycling by conversion into a consumer product or a product which is used as a raw
6material in a commercial or industrial process. "Materials recovery facility" does not
7include a facility operated by a pulp or paper mill which utilizes fiber or paper that
8has been separated from waste for use as a raw material in a commercial product.
AB133-ASA1-AA2, s. 2564g 9Section 2564g. 287.27 (2) of the statutes is amended to read:
AB133-ASA1-AA2,445,1510 287.27 (2) Reports by materials recovery facilities. Annually, the owner or
11operator of a materials recovery facility shall report to the department the amount
12of each of the materials specified in s. 287.07 (3), 1997 stats., or s. 287.07 (4), 1997
13stats.,
and any other materials specified by the department under sub. (4) (b) that
14the materials recovery facility receives and that were recovered from waste
15generated in this state.
AB133-ASA1-AA2, s. 2567e 16Section 2567e. 287.91 (2) of the statutes is amended to read:
AB133-ASA1-AA2,445,1917 287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general
18may enforce s. 287.07 (3) and (4) (1m) (c) by seeking injunctive relief against any
19person violating those provisions.
AB133-ASA1-AA2, s. 2567g 20Section 2567g. 287.95 (2) (a) of the statutes is repealed.
AB133-ASA1-AA2, s. 2567h 21Section 2567h. 287.95 (2) (b) of the statutes is renumbered 287.95 (2) and
22amended to read:
AB133-ASA1-AA2,446,223 287.95 (2) (b) After December 31, 1994, any Any person who violates s. 287.07
24(2) or
287.08 may be required to forfeit $50 for a first violation, may be required to

1forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000
2for a 3rd or subsequent violation.
AB133-ASA1-AA2, s. 2567j 3Section 2567j. 287.95 (3) of the statutes is repealed.
AB133-ASA1-AA2, s. 2567L 4Section 2567L. 287.95 (4) of the statutes is amended to read:
AB133-ASA1-AA2,446,75 287.95 (4) The department may follow the procedures for the issuance of a
6citation under ss. 23.50 to 23.99 to collect a forfeiture for the violations under subs.
7(1), and (2) (b) and (3) (b).".
AB133-ASA1-AA2,446,8 8945. Page 1282, line 21: after that line insert:
AB133-ASA1-AA2,446,9 9" Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,446,1310 292.13 (1) Exemption from liability for groundwater contamination. (intro.)
11A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and
12(c) with respect to the existence of a hazardous substance in the groundwater on
13property possessed or controlled by the person if all of the following apply:
AB133-ASA1-AA2, s. 2581w 14Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,446,1815 292.13 (1m) Exemption from liability for soil contamination. (intro.) A
16person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c)
17with respect to the existence of a hazardous substance in the soil on property
18possessed or controlled by the person if all of the following apply:".
AB133-ASA1-AA2,446,19 19946. Page 1300, line 1: delete lines 1 to 5.
AB133-ASA1-AA2,446,20 20947. Page 1302, line 6: delete lines 6 to 13.
AB133-ASA1-AA2,446,21 21948. Page 1303, line 20: after that line insert:
AB133-ASA1-AA2,446,22 22" Section 2648c. 292.70 of the statutes is created to read:
AB133-ASA1-AA2,446,24 23292.70 Indemnification for disposal of polychlorinated biphenyls. (1)
24Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).
AB133-ASA1-AA2,447,7
1(2) Indemnification agreements concerning disposal of contaminated
2sediments.
Subject to sub. (4), the department may enter into an agreement with a
3municipality under which this state agrees to indemnify the municipality and its
4agencies, officials, employes and agents against liability for damage to persons,
5property or the environment resulting from the municipality's acceptance for
6disposal of sediments that are from the Great Lakes basin and are contaminated
7with PCBs, if the sediments are disposed of in a manner approved by the department.
AB133-ASA1-AA2,447,15 8(3) Indemnification agreements concerning treatment of contaminated
9leachate.
Subject to sub. (4), the department may enter into an agreement with a
10municipality under which this state agrees to indemnify the municipality and its
11agencies, officials, employes and agents against any liability for damage to persons,
12property or the environment resulting from the municipality's conveyance or
13treatment of leachate that is contaminated with PCBs and that is from a landfill that
14accepts sediments contaminated with PCBs, if the leachate is treated in a manner
15approved by the department.
AB133-ASA1-AA2,447,17 16(4) Requirements. The department may enter into an agreement under sub.
17(2) or (3) only if all of the following apply:
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