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, is repealed.
AB133-ASA1-AA2, s. 2559n 8Section 2559n. 287.07 (7) (e) of the statutes is repealed.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AB133-ASA1-AA2, s. 2559pm 14Section 2559pm. 287.07 (7) (g) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559q 15Section 2559q. 287.07 (7) (h) of the statutes is repealed.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:
AB133-ASA1-AA2,447,1918 (a) The agreement is approved by the governor, the attorney general, the
19secretary and the governing body of the municipality.
AB133-ASA1-AA2,447,2120 (b) The agreement specifies a method for determining whether the
21municipality is liable for damage described in sub. (2) or (3).
AB133-ASA1-AA2,447,2422 (c) The agreement requires the municipality to notify the department and the
23attorney general when a claim or lawsuit to which the agreement may apply is filed
24against the political subdivision.
AB133-ASA1-AA2,448,2
1(d) The agreement authorizes the attorney general to intervene on behalf of the
2municipality and this state in any lawsuit to which the agreement may apply.
AB133-ASA1-AA2,448,43 (e) The agreement requires the operator of the solid waste disposal facility or
4wastewater treatment facility to minimize risks related to PCBs.
AB133-ASA1-AA2,448,75 (f) The agreement authorizes the department to require the operator of the
6solid waste disposal facility or wastewater treatment facility to operate in a manner
7specified by the department in order to minimize risks related to PCBs.
AB133-ASA1-AA2,448,10 8(5) Limitation. The department may include in an agreement under sub. (4)
9a limitation on the amount that this state will pay to a municipality under the
10agreement.
AB133-ASA1-AA2,448,12 11(6) Immunity. This section and any agreement entered into under sub. (3) or
12(4) may not be construed as consent to sue this state.
AB133-ASA1-AA2,448,15 13(7) Review and payment. If a claim is filed under an agreement under sub. (2)
14or (3), the department shall review the claim to determine whether it is valid. A valid
15claim shall be paid from the appropriation under s. 20.370 (2) (fq).".
AB133-ASA1-AA2,448,17 16949. Page 1308, line 19: delete the material beginning with that line and
17ending with page 1309, line 11.
AB133-ASA1-AA2,448,18 18950. Page 1313, line 16: after that line insert:
AB133-ASA1-AA2,448,19 19" Section 2681m. 299.51 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,448,2020 299.51 (1) (a) "Clinic" has the meaning given in s. 287.07 (7) (c) 1. a. (8) (a) 1.
AB133-ASA1-AA2, s. 2681n 21Section 2681n. 299.51 (1) (b) of the statutes is amended to read:
AB133-ASA1-AA2,448,2422 299.51 (1) (b) "Medical waste" means infectious waste, as defined in s. 287.07
23(7) (c) 1. c. (8) (a) 3., and other waste that contains or may be mixed with infectious
24waste.".
AB133-ASA1-AA2,449,1
1951. Page 1314, line 14: after that line insert:
AB133-ASA1-AA2,449,2 2" Section 2683d. 301.01 (2) (b) of the statutes is amended to read:
AB133-ASA1-AA2,449,53 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s.
4938.02 (15m), or of
a secured child caring institution, as defined in s. 938.02 (15g) or
5a secured group home
.
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