SB622,236,65 (a) Except as provided in par. (d) sub. (4), the groundwater fee imposed under
6par. (a) sub. (1) is 10 cents per ton for solid waste or hazardous waste.
SB622,236,87 (b) The well compensation fee imposed under par. (a) sub. (1) for solid waste or
8hazardous waste, excluding prospecting or mining waste, is one cent per ton.
SB622,236,199 (c) (intro.) In this subdivision paragraph, "solid waste disposal and incineration
10capacity" means the sum of the total capacity remaining at the beginning of a
11calendar year in all existing municipal waste landfills and the total solid waste
12incineration capacity of all existing incinerators during the expected life of the
13incinerators. The solid waste capacity fee imposed under par. (a) sub. (1) for solid
14waste disposed of after January 1, 1995, excluding hazardous waste and excluding
15solid waste generated in this state, shall be determined by the department at the
16beginning of each calendar year based on a comparison of the solid waste disposal
17and incineration capacity in this state and in the state in which the solid waste is
18generated. Except as provided in subd. 4. par. (d), the solid waste capacity fee is as
19follows:
SB622,236,2320 (d) If the solid waste capacity fee for solid waste generated in any state remains
21at the same level or increases in 2 consecutive calendar years, the fee under subd.
223.
par. (c) is doubled. The fee shall remain doubled until solid waste generated in that
23state qualifies for a lower fee under subd. 3. par. (c).
SB622,237,3
1(4) Amount of groundwater fee; prospecting or mining waste. The
2groundwater fee imposed under par. (a) sub. (1) is one cent per ton for prospecting
3or mining waste, including tailing solids, sludge or waste rock.
SB622,237,8 4(5) In addition to other fees. The groundwater, solid waste capacity and well
5compensation fees collected and paid under par. (b) sub. (2) are in addition to the
6tonnage fee imposed under sub. (3) s. 289.62 (1), the environmental repair base fee
7imposed under s. 144.442 (2) 289.67 (3) and the environmental repair surcharge
8imposed under s. 144.442 (3) 289.67 (4).
SB622,237,16 9(6) Exemption from groundwater, solid waste capacity and well
10compensation fees; certain materials used in operation of the facility
. Solid waste
11materials approved by the department for lining, daily cover or capping or for
12constructing berms, dikes or roads within a solid waste disposal facility are not
13subject to the groundwater, solid waste capacity and well compensation fees imposed
14under par. (a) sub. (1), except that foundry sands or shredder fluff approved for use
15under s. 144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to groundwater and
16well compensation fees.
SB622,237,21 17(7) Reporting period. The reporting period under this subsection section is the
18same as the reporting period under sub. (3) s. 289.62 (1). The owner or operator of
19any licensed solid or hazardous waste disposal facility shall pay groundwater, solid
20waste capacity and well compensation fees required to be collected under par. (b) sub.
21(2)
at the same time as any tonnage fees under sub. (3) s. 289.62 (1) are paid.
SB622,238,2 22(8) Use of groundwater, solid waste capacity and well compensation fees.
23The groundwater fees collected under par. (b) sub. (2) shall be credited to the
24environmental fund for groundwater management. The well compensation and solid

1waste capacity fees collected under par. (b) sub. (2) shall be credited to the
2environmental fund for environmental repair.
SB622,238,9 3(9) Failure to pay groundwater, solid waste capacity and well compensation
4fees
. (a) If a person required under par. (a) sub. (1) to pay groundwater, solid waste
5capacity and well compensation fees to a licensed solid or hazardous waste disposal
6facility fails to pay the fees, the owner or operator of the licensed solid or hazardous
7waste disposal facility shall submit to the department with the payment required
8under par. (b) sub. (2) an affidavit stating facts sufficient to show the person's failure
9to comply with par. (a) sub. (1).
SB622,238,1610 (b) If the person named in the affidavit under subd. 1. par. (a) is a generator
11or a person who arranges for collection or disposal services on behalf of one or more
12generators and the person holds a license for the collection and transportation of
13solid or hazardous waste, the department shall immediately notify the person that
14the license will be suspended 30 days after the date the notice is mailed unless the
15person submits to the department an affidavit stating facts sufficient to show that
16it has paid the fees as required under par. (a) sub. (1).
SB622,238,2217 (c) If the person named in the affidavit under subd. 1. par. (a) is an intermediate
18hauler that holds a license for the collection and transportation of solid or hazardous
19waste, the department shall immediately notify the person that the license will be
20suspended 30 days after the date the notice is mailed unless the person submits to
21the department an affidavit stating facts sufficient to show that either of the
22following has occurred:
SB622,239,223 1. The person named in the affidavit under subd. 1. par. (a) received the
24required fees from a generator, from a person who arranges for collection or disposal
25services on behalf of one or more generators or from an earlier intermediate hauler,

1and paid the fees to the licensed solid or hazardous waste disposal facility or to a
2subsequent intermediate hauler.
SB622,239,53 2. A generator, a person who arranges for collection or disposal services on
4behalf of one or more generators or an earlier intermediate hauler failed to pay the
5required fees to the person named in the affidavit under subd. 1. par. (a).
SB622,239,106 (d) If the department does not receive an affidavit under subd. 2. or 3. par. (b)
7or (c)
within 30 days after the date the notice is mailed, the department shall suspend
8the license issued to the person for the collection and transportation of solid or
9hazardous waste. Notwithstanding s. 227.42, the department is not required to
10provide the licensee with a hearing before the suspension.
SB622,239,1411 (e) When a person whose license is suspended under subd. 4. par. (d) provides
12the department with proof that the person has paid the owner or operator of the
13licensed solid or hazardous waste facility the amount of the unpaid fees, the
14department shall immediately reinstate the suspended license.
SB622, s. 593 15Section 593. 144.441 (7m) of the statutes is renumbered 289.64, and 289.64
16(1) and (3) to (7), as renumbered, are amended to read:
SB622,240,417 289.64 (1) Imposition of solid waste facility siting board fee on generators.
18Except as provided under par. (d) sub. (4), a generator of solid waste or hazardous
19waste shall pay a solid waste facility siting board fee for each ton or equivalent
20volume of solid waste or hazardous waste that is disposed of at a licensed solid waste
21or hazardous waste disposal facility. If a person arranges for collection or disposal
22services on behalf of one or more generators, that person shall pay the solid waste
23facility siting board fee to the licensed solid waste or hazardous waste disposal
24facility or to any intermediate hauler used to transfer wastes from collection points
25to a licensed facility. An intermediate hauler who receives the solid waste facility

1siting board fee under this paragraph subsection shall pay the fee to the licensed
2solid waste or hazardous waste disposal facility. Tonnage or equivalent volume shall
3be calculated in the same manner as the calculation made for tonnage fees under sub.
4(3)
s. 289.62 (1).
SB622,240,6 5(3) Amount of solid waste facility siting board fee. The fee imposed under
6this subsection section is 1.7 cents per ton for solid waste or hazardous waste.
SB622,240,12 7(4) Exemption from solid waste facility siting board fee; certain materials
8used in operation of the facility.
Solid waste materials approved by the department
9for lining, daily cover or capping or for constructing berms, dikes or roads within a
10solid waste disposal facility are not subject to the solid waste facility siting board fee
11imposed under par. (a) sub. (1), except that materials approved for use under s.
12144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to the fee.
SB622,240,17 13(5) Reporting period. The reporting period under this subsection section is the
14same as the reporting period under sub. (3) s. 289.62 (1). The owner or operator of
15any licensed solid waste or hazardous waste disposal facility shall pay the solid waste
16facility siting board fee required to be collected under par. (b) sub. (2) at the same time
17as any tonnage fees under sub. (3) s. 289.62 (1) are paid.
SB622,240,20 18(6) Use of solid waste facility siting board fees. The fees collected under par.
19(b)
sub. (2) shall be credited to the appropriation under s. 20.370 (2) (eg) for transfer
20to the appropriation under s. 20.505 (4) (k).
SB622,241,2 21(7) Failure to pay solid waste facility siting board fee. (a) If a person
22required under par. (a) sub. (1) to pay the solid waste facility siting board fee to a
23licensed solid waste or hazardous waste disposal facility fails to pay the fee, the
24owner or operator of the licensed solid waste or hazardous waste disposal facility
25shall submit to the department with the payment required under par. (b) sub. (2) an

1affidavit stating facts sufficient to show the person's failure to comply with par. (a)
2sub. (1).
SB622,241,93 (b) If the person named in the affidavit under subd. 1. par. (a) is a generator
4or a person who arranges for collection or disposal services on behalf of one or more
5generators and the person holds a license for the collection and transportation of
6solid waste or hazardous waste, the department shall immediately notify the person
7that the license will be suspended 30 days after the date the notice is mailed unless
8the person submits to the department an affidavit stating facts sufficient to show
9that it has paid the fee as required under par. (a) sub. (1).
SB622,241,1510 (c) If the person named in the affidavit under subd. 1. par. (a) is an intermediate
11hauler that holds a license for the collection and transportation of solid waste or
12hazardous waste, the department shall immediately notify the person that the
13license will be suspended 30 days after the date the notice is mailed unless the person
14submits to the department an affidavit stating facts sufficient to show that either of
15the following has occurred:
SB622,241,2016 1. The person named in the affidavit under subd. 1. par. (a) received the
17required fee from a generator, from a person who arranges for collection or disposal
18services on behalf of one or more generators or from an earlier intermediate hauler,
19and paid the fee to the licensed solid waste or hazardous waste disposal facility or
20to a subsequent intermediate hauler.
SB622,241,2321 2. A generator, a person who arranges for collection or disposal services on
22behalf of one or more generators or an earlier intermediate hauler failed to pay the
23required fee to the person named in the affidavit under subd. 1. par. (a).
SB622,242,324 (d) If the department does not receive an affidavit under subd. 2. or 3. par. (b)
25or (c)
within 30 days after the date the notice is mailed, the department shall suspend

1the license issued to the person for the collection and transportation of solid waste
2or hazardous waste. Notwithstanding s. 227.42, the department is not required to
3provide the licensee with a hearing before the suspension.
SB622,242,74 (e) When a person whose license is suspended under subd. 4. par. (d) provides
5the department with proof that the person has paid the owner or operator of the
6licensed solid waste or hazardous waste facility the amount of the unpaid fee, the
7department shall immediately reinstate the suspended license.
SB622, s. 594 8Section 594. 144.4412 of the statutes is renumbered 289.65, and 289.65 (2)
9and (5) (c), as renumbered, are amended to read:
SB622,242,1410 289.65 (2) Collection. The owner or operator of an incinerator with an
11operating permit or license that is approved under s. 144.391 285.60 or 144.44 (4)
12289.31 shall pay to the department the amount of the solid waste capacity fee
13required to be collected according to the amount of solid waste burned during the
14previous calendar year.
SB622,242,19 15(5) (c) Solid waste generated in another state if the solid waste is converted into
16fuel or burned at a municipal solid waste treatment facility with an operating permit
17or license that is approved under s. 144.391 285.60 or 144.44 (4) 289.31 prior to May
1811, 1990, and the solid waste is delivered to the municipal solid waste treatment
19facility pursuant to a contract in effect 2 years after May 11, 1990.
SB622, s. 595 20Section 595. 144.4414 of the statutes is renumbered 289.66 and amended to
21read:
SB622,243,5 22289.66 Solid waste capacity fees; department determinations.
23Beginning on January 1, 1991, and annually thereafter, the department shall
24determine the solid waste disposal and incineration capacity, as defined in s.
25144.4412 289.65 (1) (b), of this state and each adjacent state. The department shall

1inform the owner or operator of each solid waste disposal facility and each
2incinerator in this state of the amount of the solid waste capacity fee under ss.
3144.441 (7) 289.63 and 144.4412 289.65 for solid waste generated in each adjacent
4state, commencing on January 1, 1995, based on that solid waste disposal and
5incineration capacity determination.
SB622, s. 596 6Section 596. 144.442 (title) of the statutes is renumbered 292.31 (title).
SB622, s. 597 7Section 597. 144.442 (1) (intro.) and (a) to (c) of the statutes are repealed.
SB622, s. 598 8Section 598. 144.442 (1) (cm) of the statutes is repealed.
SB622, s. 599 9Section 599. 144.442 (1) (d) of the statutes is renumbered 292.01 (18) and
10amended to read:
SB622,243,1311 292.01 (18) "Site or facility" means, except in sub. (9m) ss. 292.35 and 292.61,
12an approved facility, an approved mining facility, a nonapproved facility or a waste
13site.
SB622, s. 600 14Section 600. 144.442 (1) (e) of the statutes is renumbered 292.01 (21).
SB622, s. 601 15Section 601. 144.442 (1m) of the statutes is renumbered 289.67 (1), and 289.67
16(1) (a), (cp), (e), (f) and (g), as renumbered, are amended to read:
SB622,244,217 289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator
18of solid or hazardous waste shall pay an environmental repair fee for each ton or
19equivalent volume of solid or hazardous waste which is disposed of at a licensed solid
20or hazardous waste disposal facility. If a person arranges for collection or disposal
21services on behalf of one or more generators, that person shall pay the environmental
22repair fee to the licensed solid or hazardous waste disposal facility or to any
23intermediate hauler used to transfer wastes from collection points to a licensed
24facility. An intermediate hauler who receives environmental repair fees under this
25paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility.

1Tonnage or equivalent volume shall be calculated in the same manner as the
2calculation made for tonnage fees under s. 144.441 (3) 289.62 (1).
SB622,244,73 (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except
4as provided under par. (d), the environmental repair fee imposed under par. (a) is 30
5cents per ton for solid or hazardous waste, other than high-volume industrial waste,
6as defined in s. 144.44 (7) (a) 1.,
disposed of on or after January 1, 1988, but before
7July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.
SB622,244,128 (e) In addition to other fees. The environmental repair fee collected and paid
9under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge
10imposed under sub. (3), the tonnage fee imposed under s. 144.441 (3) 289.62 (1) and
11the groundwater, solid waste capacity and well compensation fees imposed under s.
12144.441 (7) 289.63.
SB622,244,1813 (f) Exemption from environmental repair fee; certain materials used in
14operation of the facility.
Solid waste materials approved by the department for
15lining, daily cover or capping or for constructing berms, dikes or roads within a solid
16waste disposal facility are not subject to the environmental repair fee imposed under
17par. (a), except that foundry sands or shredder fluff approved for use under s. 144.44
18(3) (bh) or (4e)
289.30 (5) or 289.31 (9) are subject to the environmental repair fee.
SB622,244,2319 (g) Reporting period. The reporting period under this subsection is the same
20as the reporting period under s. 144.441 (3) 289.62 (1). The owner or operator of any
21licensed solid or hazardous waste disposal facility shall pay environmental repair
22fees required to be collected under par. (b) at the same time as any tonnage fees under
23s. 144.441 (3) 289.62 (1).
SB622, s. 602 24Section 602. 144.442 (1s) of the statutes is renumbered 289.67 (2), and 289.67
25(2) (a), (c) 3. and (d), as renumbered, are amended to read:
SB622,245,3
1289.67 (2) (a) A generator of hazardous waste who is required to report
2annually on hazardous waste activities according to rules promulgated under s.
3144.62 (8) 291.05 (6) (b) shall pay an annual environmental repair fee.
SB622,245,64 (c) 3. Hazardous wastes which are removed from a site or facility to repair
5environmental pollution. In this subdivision, "site or facility" has the meaning given
6in s. 292.01 (18).
SB622,245,97 (d) The department shall assess fees under par. (a) on the basis of the
8generator's report that is submitted according to the rules promulgated under s.
9144.62 (8) 291.05 (6) (b).
SB622, s. 603 10Section 603. 144.442 (2) of the statutes is renumbered 289.67 (3), and 289.67
11(3) (d), as renumbered, is amended to read:
SB622,245,1612 289.67 (3) (d) Reduction of base fee; monitoring. This paragraph applies to a
13nonapproved facility which is subject to the $1,000 base fee under par. (b) 2. and
14which is required by the department to conduct monitoring under s. 144.44 (4) (f)
15289.31 (7). The base fee under par. (b) 2. shall be reduced by the cost of monitoring
16for the calendar year to which the base fee applies, or $900, whichever is less.
SB622, s. 604 17Section 604. 144.442 (3) of the statutes is renumbered 289.67 (4), and 289.67
18(4) (a) and (b), as renumbered, are amended to read:
SB622,245,2219 289.67 (4) (a) Imposition of environmental repair surcharge. If the owner or
20operator of a nonapproved facility is required to pay a tonnage fee under s. 144.441
21(3)
289.62 (1), the owner or operator shall pay to the department an environmental
22repair surcharge for each calendar year.
SB622,246,723 (b) Amount of environmental repair surcharge. 1. With respect to solid or
24hazardous waste disposed of at a nonapproved facility for which the owner or
25operator enters into an agreement with the department to close the facility on or

1before July 1, 1999, the owner or operator shall pay to the department an
2environmental repair surcharge equal to 25% of the tonnage fees imposed under s.
3144.441 (3) 289.62 (1). The 25% surcharge first applies for the calendar year in which
4the owner or operator enters into a closure agreement. If the owner or operator fails
5to comply with the closure agreement, the department shall collect the additional
6tonnage fees which would have been paid by the owner or operator under subd. 2. in
7the absence of the closure agreement.
SB622,246,128 2. With respect to solid or hazardous waste disposed of at a nonapproved facility
9for which the owner or operator has not entered into an agreement with the
10department to close the facility on or before July 1, 1999, the owner or operator shall
11pay to the department an environmental repair surcharge equal to 50% of the
12tonnage fees imposed under s. 144.441 (3) 289.62 (1).
SB622, s. 605 13Section 605. 144.442 (4) of the statutes is renumbered 292.31 (1), and 292.31
14(1) (d) 3., as renumbered, is amended to read:
SB622,246,1715 292.31 (1) (d) 3. The identity of subsidiary or parent corporations, as defined
16in sub. (9) 292.31 (8) (a) 3., of persons who generated, transported, treated or stored
17waste which was disposed of at the site or facility.
SB622, s. 606 18Section 606. 144.442 (5) of the statutes is renumbered 292.31 (2), and 292.31
19(2) (a) to (c) and (f), as renumbered, are amended to read:
SB622,246,2120 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis
21under sub. (4) (1).
SB622,246,2222 (b) Methods for remedial action under sub. (6) (3).
SB622,246,2423 (c) Methods and criteria for determining the appropriate extent of remedial
24action under sub. (6) (3).
SB622,247,3
1(f) Means of making the most effective use of the grant program under sub. (9m)
2s. 292.61 so as to encourage the greatest number of political subdivisions to
3undertake remedial action on property that they own.
SB622, s. 607 4Section 607. 144.442 (6) of the statutes is renumbered 292.31 (3), and 292.31
5(3) (b) 7., (d) and (f), as renumbered, are amended to read:
SB622,247,96 292.31 (3) (b) 7. The department may provide temporary or permanent
7replacements for private water supplies damaged by a site or facility. In this
8subdivision, "private water supply" means a well which is used as a source of water
9for humans, livestock, as defined in s. 95.80 (1) (b), or poultry.
SB622,247,1710 (d) Emergency responses. Notwithstanding rules promulgated under this
11section, the hazard ranking list, the considerations for taking action under par. (c)
12or the remedial action schedule under par. (cm), the department may take emergency
13action under this subsection and subs. (4) (1) and (8) (7) at a site or facility if delay
14will result in imminent risk to public health or safety or the environment. The
15department is not required to hold a hearing under par. (f) if emergency action is
16taken under this paragraph. The decision of the department to take emergency
17action is a final decision of the agency subject to judicial review under ch. 227.
SB622,248,418 (f) Notice; hearing. The department shall publish a class 1 notice, under ch.
19985, prior to taking remedial action under this subsection and subs. (4) (1) and (8)
20(7), which describes the proposed remedial action and the amount and purpose of any
21proposed expenditure. Except as provided under par. (d), the department shall
22provide a hearing to any person who demands a hearing within 30 days after the
23notice is published for the purpose of determining whether the proposed remedial
24action and any expenditure is within the scope of this section and is reasonable in
25relation to the cost of obtaining similar materials and services. The department is

1not required to conduct more than one hearing for the remedial action proposed at
2a single site or facility. Notwithstanding s. 227.42, the hearing shall not be conducted
3as a contested case. The decision of the department to take remedial action under
4this section is a final decision of the agency subject to judicial review under ch. 227.
SB622, s. 608 5Section 608. 144.442 (6m), (6r) and (7) of the statutes are renumbered 292.31
6(4), (5) and (6) and amended to read:
SB622,248,147 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
8municipalities.
Notwithstanding the inventory, analysis and hazard ranking under
9sub. (4) (1), the environmental response plan prepared under sub. (5) (2) or the
10environmental repair authority, remedial action sequence and emergency response
11requirements under sub. (6) (3), the department shall pay that portion of the cost of
12any monitoring requirement which is to be paid under s. 144.44 (4) (f) 5. 289.31 (7)
13(f)
from the appropriation under s. 20.370 (2) (dv) prior to making other payments
14from that appropriation.
SB622,248,23 15(5) Municipal incinerator ash testing. Notwithstanding the inventory,
16analysis and hazard ranking under sub. (4) (1), the environmental response plan
17prepared under sub. (5) (2), the environmental repair authority, remedial action
18sequence and emergency response requirements under sub. (6) (3), or the monitoring
19costs under sub. (6m) (4), the department shall pay the cost incurred by a
20municipality after June 30, 1986, and before January 30, 1988, for testing required
21to determine whether the ash from a municipally owned incinerator is hazardous.
22The department shall make payments under this subsection from the appropriation
23under s. 20.370 (2) (dv) prior to making other payments from that appropriation.
SB622,249,7 24(6) Payments from the investment and local impact fund. The department
25may expend moneys received from the investment and local impact fund for the

1purposes specified under sub. (6) (3) only for approved mining facilities and only if
2moneys in the environmental fund that are available for environmental repair are
3insufficient to make complete payments. The amount expended by the department
4under this subsection may not exceed the balance in the environmental fund that is
5available for environmental repair at the beginning of that fiscal year or 50% of the
6balance in the investment and local impact fund at the beginning of that fiscal year,
7whichever amount is greater.
SB622, s. 609 8Section 609. 144.442 (8) of the statutes is renumbered 292.31 (7), and 292.31
9(7) (a), as renumbered, is amended to read:
SB622,249,1510 292.31 (7) (a) The department may advise, consult, assist and contract with
11other interested persons to take action to implement the federal comprehensive
12environmental response, compensation and liability act of 1980, 42 USC 9601, et
13seq., in cooperation with the federal environmental protection agency. These actions
14include all of the actions under subs. (4) (1) to (6) (3). The department may enter into
15agreements with the federal environmental protection agency.
SB622, s. 610 16Section 610. 144.442 (9) of the statutes, as affected by 1995 Wisconsin Act 27,
17is renumbered 292.31 (8), and 292.31 (8) (b) 1., (d), (h) and (i), as renumbered, are
18amended to read:
SB622,249,2219 292.31 (8) (b) 1. This subsection does not apply to the release or discharge of
20a substance which is in compliance with a permit, license, approval, special order,
21waiver or variance issued under this chapter or ch. 30, 31 or 147 283, or under
22corresponding federal statutes or regulations.
SB622,249,2523 (d) Right of action. A right of action shall accrue to the state against any person
24responsible under par. (c) if an expenditure is made for environmental repair at the
25site or facility or if an expenditure is made under sub. (8) (7).
SB622,250,8
1(h) Cleanup agreements; waiver of cost recovery. The department and any
2person who is responsible under par. (c) may enter into an agreement regarding
3actions which the department is authorized to take under sub. (6) (3). In the
4agreement, the department may specify those actions under sub. (6) (3) which the
5responsible person may take. As part of the agreement, the department may agree
6to reduce the amount which the state is entitled to recover under this subsection or
7to waive part or all of the liability which the responsible person may have under this
8subsection.
SB622,250,119 (i) Lien. Any expenditures made by the department under sub. (4), (6) (1), (3)
10or (8) (7) shall constitute a lien upon the property for which the expenses are
11incurred, as provided in s. 144.76 (13) 292.81.
SB622, s. 611 12Section 611. 144.442 (9m) of the statutes is renumbered 292.61, and 292.61
13(1) (intro.), (3) (b) 4. and (5), as renumbered, are amended to read:
SB622,250,1414 292.61 (1) Definitions. (intro.) In this subsection section:
SB622,250,19 15(3) (b) 4. A statement of whether the political subdivision intends to use the cost
16recovery procedure in s. 144.4422 292.35. If the political subdivision indicates in its
17application that it intends to use the cost recovery procedure in s. 144.4422 292.35,
18the department may not approve the application for a remedial action grant until the
19political subdivision completes the procedures under s. 144.4422 292.35 (2g) and (2r).
SB622,250,23 20(5) Subrogation. The state is subrogated to the rights of a political subdivision
21that obtains an award under this section in an amount equal to the award. All
22moneys recovered under this paragraph subsection shall be credited to the
23environmental fund for environmental repair.
SB622, s. 612 24Section 612. 144.442 (10) and (11) of the statutes are renumbered 292.31 (9)
25and (10), and 292.31 (10) (b), as renumbered, is amended to read:
SB622,251,4
1292.31 (10) (b) If a person takes any remedial action at a site or facility, whether
2or not an agreement is entered into with the department under sub. (9) (8) (h), any
3agreement and the action taken are not evidence of liability or an admission of
4liability for any potential or actual environmental pollution.
Note: Section 144.442 (10) and (11) both contain references to "this section".
Current s. 144.442 contains provisions related to environmental repair fees and remedial
action. It is apparent that s. 144.442 (10) and (11) refer only to the remedial action
provisions of the statute. Therefore, s. 144.442 (10) and (11) are renumbered to ch. 292,
and are not duplicated in s. 289.67, which establishes the environmental repair fees.
SB622, s. 613 5Section 613. 144.4422 (title) and (1) (intro.) of the statutes are renumbered
6292.35 (title) and (1) (intro.).
SB622, s. 614 7Section 614. 144.4422 (1) (a) of the statutes is repealed.
SB622, s. 615 8Section 615. 144.4422 (1) (b), (c), (d), (e), (f) and (g) of the statutes are
9renumbered 292.35 (1) (b), (c), (d), (e), (f) and (g), and 292.35 (1) (f), as renumbered,
10is amended to read:
SB622,251,1211 292.35 (1) (f) "Site or facility" has the meaning given in s. 144.442 (9m) (a) 2.
12292.61 (1) (b).
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