SB622: Bill Text

SB622, s. 574 Section 574. 144.44 (7) (title) of the statutes is renumbered 289.43 (title).

SB622, s. 575 Section 575. 144.44 (7) (a) (intro.) of the statutes is repealed.

SB622, s. 576 Section 576. 144.44 (7) (a) 1. of the statutes is renumbered 289.01 (17).

SB622, s. 577 Section 577. 144.44 (7) (a) 2. of the statutes is renumbered 289.43 (1) and amended to read:

SB622,224,3 289.43 (1) (title) definition. "Recycling" In this section, "recycling" means the process by which solid waste is returned to productive use as material or energy, but does not include the collection of solid waste.

SB622, s. 578 Section 578. 144.44 (7) (am), (b), (c), (d) and (e) of the statutes are renumbered 289.43 (2), (3), (4), (5) and (6), and 289.43 (2), (3) (intro.), (b) and (e) and (4) to (6), as renumbered, are amended to read:

SB622,224,11 289.43 (2) Waiver; emergency condition. The department may waive compliance with any requirement of this section ss. 289.21 to 289.32, 289.47, 289.53 or 289.95 or shorten the time periods under this section ss. 289.21 to 289.32, 289.47, 289.53 or 289.95 provided to the extent necessary to prevent an emergency condition threatening public health, safety or welfare.

SB622,224,18 (3) Waiver; research projects. (intro.) The intent of this paragraph subsection is to encourage research projects designed to demonstrate the feasibility of recycling certain solid wastes while providing adequate and reasonable safeguards for the environment. The department may waive compliance with the requirements of ss. 144.43 to 144.47 this chapter for a project developed for research purposes to evaluate the potential for the recycling of high-volume industrial waste if the following conditions are met:

SB622,224,21 (b) The department determines that the project is unlikely to violate any law relating to surface water or groundwater quality including this chapter or ch. 147 or 160 or 283.

SB622,225,2 (e) The owner or operator of the project agrees to take necessary action to maintain compliance with surface water and groundwater laws, including this chapter and chs. 147 and 160 and 283 and to take necessary action to regain compliance with these laws if a violation occurs because of the functioning or malfunctioning of the project.

SB622,225,8 (4) Exemption from licensing or regulation; development of improved methods. For the purpose of encouraging the development of improved methods of solid waste disposal, the department may specify by rule types of solid waste facilities that are not required to be licensed under this section ss. 289.21 to 289.32 or types of solid waste that need not be disposed of at a licensed solid waste disposal facility.

SB622,225,12 (5) Exemption from regulation; single-family waste disposal. The department may not regulate under this chapter chs. 281, 285 or 289 to 299 any solid waste from a single family or household disposed of on the property where it is generated.

SB622,225,17 (6) Exemption from licensing; agricultural landspreading of sludge. The department may not require a license under this section ss. 289.21 to 289.32 for agricultural land on which nonhazardous sludges from a treatment work, as defined under s. 147.015 283.01 (18), are land spread for purpose of a soil conditioner or nutrient.

SB622, s. 579 Section 579. 144.44 (7) (em) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 289.43 (6m) and amended to read:

SB622,225,22 289.43 (6m) Exemption from licensing, agricultural use of wood ash. No license is required under this section ss. 289.21 to 289.32 for the agricultural use of wood ash.

SB622, s. 580 Section 580. 144.44 (7) (f), (g) and (h) of the statutes are renumbered 289.43 (7), (8) and (9), and 289.43 (7) (a) to (d) and (e) 1. and 3., (8) (b) (intro.) and 2. and (c) and (9), as renumbered, are amended to read:

SB622,226,5 289.43 (7) (a) Any person who generates, treats, stores or disposes of high-volume industrial waste may request the department to exempt an individual solid waste facility or specified types of solid waste facilities from ss. 144.43 to 144.47 this chapter for the purpose of allowing the recycling of any high-volume industrial waste.

SB622,226,9 (b) A person who requests an exemption under subd. 1. par. (a) shall provide any information requested by the department relating to the characteristics of the high-volume industrial waste, the characteristics of the site of the recycling and the proposed methods of recycling.

SB622,226,17 (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 147, 160 and 162 280 to 299 and ss. 1.11, 23.40, 59.971, 59.974, 60.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not comply with one or more of the requirements specified in this subdivision paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this paragraph subsection within 90 days.

SB622,226,22 (d) The department may require periodic testing and may impose other conditions on any exemption granted under this paragraph subsection. The department may require a person granted an exemption under this paragraph subsection to identify the location of any site where high-volume industrial waste is recycled.

SB622,227,2 (e) 1. Each applicant for an exemption under this paragraph subsection shall submit a nonrefundable fee of $500 with the application to cover the department's cost for the initial screening of the application. The department may waive this fee if the cost of the initial screening to the department will be minimal.

SB622,227,4 3. All fees collected under this subdivision paragraph shall be credited to the appropriation under s. 20.370 (2) (dg).

SB622,227,8 (8) (b) (intro.) If the department, after a review under subd. 1. par. (a), finds that regulation under ss. 144.43 to 144.47 this chapter is not warranted in light of the potential hazard to public health or the environment, the department shall either:

SB622,227,10 2. On a case-by-case basis, exempt from regulation under ss. 144.43 to 144.47 this chapter specified types of solid waste facilities.

SB622,227,12 (c) The department may require periodic testing of solid wastes and impose other conditions on exemptions granted under subd. 2. par. (b).

SB622,227,17 (9) Exemption from regulation; animal carcasses. The department may not regulate under this chapter chs. 281, 285 or 289 to 299 any animal carcass buried or disposed of, in accordance with ss. 95.35 and 95.50, on the property owned or operated by the owner of the carcass, if the owner is a farmer, as defined under s. 102.04 (3).

SB622, s. 581 Section 581. 144.44 (8) of the statutes is renumbered 289.95 and amended to read:

SB622,227,23 289.95 Enforcement procedures for older facilities. (1) Notwithstanding s. 144.47 289.97, for solid waste facilities licensed on or before January 1, 1977, that the department believes do not meet minimum standards promulgated under s. 144.435 289.05 (1) and (2), the department may do any of the following:

SB622,227,24 (a) Initiate action under s. 144.72 289.94.

SB622,228,2 (b) Refer the matter to the department of justice for enforcement under s. 144.98 299.95.

SB622,228,4 (c) Issue an order relating to the solid waste facility or refuse to relicense the solid waste facility using the procedure under par. (b) sub. (2).

SB622,228,10 (2) (a) Before issuing an order relating to a solid waste facility or a decision refusing to relicense a solid waste facility under par. (a) 3. sub. (1) (c), the department shall notify the licensee of its intended action. The licensee, within 30 days after receipt of the notice, may request a hearing under subd. 2 par. (b). If the licensee requests a hearing under subd. 2. par. (b), it may not withdraw that request and proceed under subd. 3. par. (c).

SB622,228,19 (b) If the licensee requests a hearing, the department may not issue the order or decision until a hearing, conducted as a class 2 proceeding under ch. 227, is held unless the licensee has withdrawn the hearing request. The hearing shall be held in the county where the facility is located. At the hearing the department must establish by a preponderance of all the available evidence that the facility does not adhere to the minimum standards promulgated under s. 144.435 289.05 (1) and (2). If the hearing examiner's decision is in favor of the department, or if the licensee has withdrawn the hearing request, the department may issue the order or decision. The order or decision is subject to judicial review under ch. 227.

SB622,229,2 (c) If the licensee does not request a hearing under subd. 2. par. (b), the department shall issue the order or decision. The licensee may challenge the order or decision by commencing an action in circuit court for the county in which the solid waste facility is located within 15 days after the issuance of the order or decision. The complaint shall allege that the facility adheres to the minimum standards promulgated under s. 144.435 289.05 (1) and (2). The licensee shall receive a new trial on all issues relating to the facility and relicensing of the facility. The trial shall be conducted by the court without a jury.

SB622, s. 582 Section 582. 144.44 (9) of the statutes is renumbered 289.53, and 289.53 (1) (intro.), (b) and (c) and (2) to (7), as renumbered, are amended to read:

SB622,229,5 289.53 (1) Definitions. (intro.) As used in In this subsection section:

SB622,229,6 (b) "PCBs" has the meaning specified under s. 144.79 299.45 (1).

SB622,229,11 (c) "PCB waste" means any product containing PCBs, as defined under s. 144.79 299.45 (1) (c), which is subject to regulation under s. 144.79 299.45 after the product becomes a solid waste. This term also means any material which is contaminated by the discharge, as defined under s. 144.76 (1) (a) 292.01 (3), of a substance containing PCBs subject to regulation under s. 144.76 292.11.

SB622,229,16 (2) Feasibility report and related provisions. Except as provided under par. (f) sub. (6), no person may establish or construct a commercial PCB waste storage or treatment facility unless the person complies with the requirement under subs. (2) to (2r) ss. 289.23 to 289.29 in the same manner as if the facility were a solid waste disposal facility including each of the following:

SB622,229,19 (a) Submitting a feasibility report under sub. (2) (a) s. 289.23 (1) to determine whether the site has potential for use in establishing a PCB waste storage or treatment facility.

SB622,229,22 (b) Complying with requirements for the preparation and contents of a feasibility report under sub. (2) (f) s. 289.24 (1) including any special requirements for PCB waste storage or treatment facilities.

SB622,229,25 (c) Following the notice, hearing, procedure and other requirements under subs. (2) to (2r) ss. 289.23 to 289.29 including any environmental impact requirements.

SB622,230,5 (3) Plan of operation and related provisions. Except as provided under par. (f) sub. (6), no person may establish, construct or operate a commercial PCB waste storage or treatment facility unless the person complies with the requirements under sub. (3) s. 289.30 as if the facility were a solid waste disposal facility including all of the following:

SB622,230,10 (a) Submitting a plan of operation which complies with requirements for preparation and contents specified under sub. (3) (b) s. 289.30 (4) including any special requirements for PCB waste storage or treatment facilities except the department may waive any requirement for proof of financial responsibility for long-term care.

SB622,230,12 (b) Constructing the facility in accordance with an approved plan of operation as required under sub. (3) (d) s. 289.30 (8).

SB622,230,14 (c) Operating the facility in accordance with the approved plan of operation subject to the sanctions under sub. (3) (e) s. 289.30 (9).

SB622,230,17 (4) Financial responsibility requirements. Except as provided under par. (f) sub. (6), no person may establish or construct a commercial PCB waste storage or treatment facility unless the person complies with s. 144.443 289.41.

SB622,230,20 (5) License requirement. Except as provided under par. (f) sub. (6), no person may operate a commercial PCB waste storage or treatment facility unless the person obtains an operating license under sub. (4) s. 289.31.

SB622,230,24 (6) Exceptions. The department may exempt a person establishing, constructing or operating certain categories of facilities which store or treat PCB waste or which store or treat certain types, amounts or concentrations of PCB waste from the provisions of this subsection section.

SB622,231,2 (7) Applicability. The subsection This section applies to any facility which is not otherwise subject to this section ss. 289.21 to 289.32.

SB622, s. 583 Section 583. 144.44 (10) of the statutes is renumbered 289.61, and 289.61 (title) and (2), as renumbered, are amended to read:

SB622,231,5 289.61 (title) Licenses License and review fees.

SB622,231,10 (2) Solid waste license and review activities consist of reviewing feasibility reports, plans of operation, closure plans and license applications, issuing determinations of feasibility, plan of operation approvals and operating licenses, inspecting construction projects and taking other actions in administering this section ss. 289.21 to 289.32, 289.43, 289.47, 289.53 and 289.95.

SB622, s. 584 Section 584. 144.441 (title) and (1) (intro.) of the statutes are repealed.

SB622, s. 585 Section 585. 144.441 (1) (a), (b) and (c) of the statutes are renumbered 289.01 (3), (4) and (24), and 289.01 (3) and (4), as renumbered, are amended to read:

SB622,231,19 289.01 (3) "Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s. 144.44 (3) 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 144.44 (3) 289.30.

SB622,231,23 (4) "Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 144.81 (8) 293.01 (12), used for the disposal of waste resulting from mining, as defined under s. 144.81 (5) 293.01 (9), or prospecting, as defined under s. 144.81 (12) 293.01 (18).

SB622, s. 586 Section 586. 144.441 (1m) (title) of the statutes is repealed.

SB622, s. 587 Section 587. 144.441 (1m) of the statutes is renumbered 289.05 (3) and amended to read:

SB622,232,9 289.05 (3) The department shall prescribe by rule minimum standards for closing, long-term care and termination of solid waste disposal facilities or hazardous waste facilities. The standards and any additional facility-specific requirements designated by the department shall be incorporated into the plan of operation prepared under s. 144.44 (3) 289.30. The long-term care provisions in an approved plan of operation may be modified under s. 144.44 (3) (d) 1. c. or 2. 289.30 (8) (a) 3. or (b).

SB622, s. 588 Section 588. 144.441 (2) of the statutes is renumbered 289.41 (1m), and 289.41 (1m) (b) 1. to 3. and (c), as renumbered, are amended to read:

SB622,232,15 289.41 (1m) (b) 1. Except as provided in subd. 2., the owner of an approved facility shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the approved facility and for 40 years after the closing of the approved facility unless the obligation is extended under par. (f).

SB622,232,19 2. The owner of an approved facility which ceased to accept solid waste and permanently terminated disposal operations before August 15, 1991, shall maintain proof of financial responsibility as provided in s. 144.443 this section for the period specified in the approved plan of operation.

SB622,232,24 3. Except as provided in subd. 4., the owner of a nonapproved facility that receives or has received household waste shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the nonapproved facility and for 40 years after the closing of the nonapproved facility unless the obligation is extended under par. (f).

SB622,233,6 (c) Long-term care responsibility for approved facilities. Notwithstanding s. 144.441 (2) (c) 1., 1989 stats., the owner's responsibility for the long-term care of an approved facility does not terminate, except that if another person acquires the rights of ownership and is issued under s. 144.444 289.46 (1) a new operating license for the approved facility, the owner's responsibility is transferred to that other person upon the issuance of the new operating license.

SB622, s. 589 Section 589. 144.441 (3) and (4) of the statutes are renumbered 289.62 (1) and (2), and 289.62 (1) (f), as renumbered, is amended to read:

SB622,233,20 289.62 (1) (f) Reduction of or exemption from tonnage fees. The total annual tonnage fees for all solid waste received by a nonapproved facility shall be reduced by the amount of the base fee under s. 144.442 (2) 289.67 (3) for that facility. If the base fee for a nonapproved facility under s. 144.442 (2) 289.67 (3) is greater than the annual tonnage fee imposed under par. (a) for that facility, the solid or hazardous waste received by the facility is exempt from the tonnage fee for that year. The department shall establish methods by rule for estimating the total annual tonnages for all solid and hazardous wastes received by a nonapproved facility. If an estimate reveals that total annual tonnage fees for a nonapproved facility for a certain year are unlikely to exceed the base fee under s. 144.442 (2) 289.67 (3) for that year, the department shall grant an exemption under this paragraph without requiring the calculation of the actual total tonnage fees.

SB622, s. 590 Section 590. 144.441 (6) of the statutes is renumbered 289.68 and amended to read:

SB622,234,7 289.68 Payments from the waste management fund and related payments. (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under pars. (d) to (h) subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (dq) for the purposes specified under pars. (d) and (g) subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (dt) for the purposes specified under par. (f) sub. (4). The department may expend moneys appropriated under s. 20.370 (2) (dy) and (dz) for the purposes specified under par. (h) sub. (6).

SB622,234,15 (2) Payments from the investment and local impact fund. The department may expend moneys received from the investment and local impact fund only for the purposes specified under par. (d) sub. (3), only for approved mining facilities and only if moneys in the waste management fund are insufficient to make complete payments. The amount expended by the department under this paragraph subsection may not exceed the balance in the waste management fund at the beginning of that fiscal year or 50% of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

SB622,234,22 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 144.44 (3) (c) 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under sub. (2) s. 289.41 (1m) (b) or (f) as authorized under s. 144.443 289.41 (11) (b) 2.

SB622,235,2 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 144.443 289.41 (11) (b) 1.

SB622,235,5 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (2) (dq) for the payment of costs associated with imminent hazards as authorized under s. 144.443 289.41 (11) (c) and (cm).

SB622,235,8 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (2) (dy) and (dz) for the payment of costs of corrective action under s. 144.443 289.41 (11) (bm).

SB622, s. 591 Section 591. 144.441 (6m) of the statutes is renumbered 289.68 (7).

SB622, s. 592 Section 592. 144.441 (7) of the statutes is renumbered 289.63, and 289.63 (1), (3) (intro.), (a), (b), (c) (intro.) and (d) and (4) to (9), as renumbered, are amended to read:

SB622,236,2 289.63 (1) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under par. (f) sub. (6), a generator of solid or hazardous waste shall pay separate groundwater, solid waste capacity and well compensation fees for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater, solid waste capacity and well compensation fees to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives groundwater, solid waste capacity and well compensation fees under this paragraph subsection shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under sub. (3) s. 289.62 (1).

SB622,236,4 (3) Amount of groundwater, solid waste capacity and well compensation fees. (intro.) The fees imposed under this subsection section are as follows:

SB622,236,6 (a) Except as provided in par. (d) sub. (4), the groundwater fee imposed under par. (a) sub. (1) is 10 cents per ton for solid waste or hazardous waste.

SB622,236,8 (b) The well compensation fee imposed under par. (a) sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent per ton.

SB622,236,19 (c) (intro.) In this subdivision paragraph, "solid waste disposal and incineration capacity" means the sum of the total capacity remaining at the beginning of a calendar year in all existing municipal waste landfills and the total solid waste incineration capacity of all existing incinerators during the expected life of the incinerators. The solid waste capacity fee imposed under par. (a) sub. (1) for solid waste disposed of after January 1, 1995, excluding hazardous waste and excluding solid waste generated in this state, shall be determined by the department at the beginning of each calendar year based on a comparison of the solid waste disposal and incineration capacity in this state and in the state in which the solid waste is generated. Except as provided in subd. 4. par. (d), the solid waste capacity fee is as follows:

SB622,236,23 (d) If the solid waste capacity fee for solid waste generated in any state remains at the same level or increases in 2 consecutive calendar years, the fee under subd. 3. par. (c) is doubled. The fee shall remain doubled until solid waste generated in that state qualifies for a lower fee under subd. 3. par. (c).

SB622,237,3 (4) Amount of groundwater fee; prospecting or mining waste. The groundwater fee imposed under par. (a) sub. (1) is one cent per ton for prospecting or mining waste, including tailing solids, sludge or waste rock.

SB622,237,8 (5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under par. (b) sub. (2) are in addition to the tonnage fee imposed under sub. (3) s. 289.62 (1), the environmental repair base fee imposed under s. 144.442 (2) 289.67 (3) and the environmental repair surcharge imposed under s. 144.442 (3) 289.67 (4).

SB622,237,16 (6) Exemption from groundwater, solid waste capacity and well compensation fees; certain materials used in operation of the facility . Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the groundwater, solid waste capacity and well compensation fees imposed under par. (a) sub. (1), except that foundry sands or shredder fluff approved for use under s. 144.44 (3) (bh) or (4e) 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.

SB622,237,21 (7) Reporting period. The reporting period under this subsection section is the same as the reporting period under sub. (3) s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility shall pay groundwater, solid waste capacity and well compensation fees required to be collected under par. (b) sub. (2) at the same time as any tonnage fees under sub. (3) s. 289.62 (1) are paid.

SB622,238,2 (8) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under par. (b) sub. (2) shall be credited to the environmental fund for groundwater management. The well compensation and solid waste capacity fees collected under par. (b) sub. (2) shall be credited to the environmental fund for environmental repair.

SB622,238,9 (9) Failure to pay groundwater, solid waste capacity and well compensation fees. (a) If a person required under par. (a) sub. (1) to pay groundwater, solid waste capacity and well compensation fees to a licensed solid or hazardous waste disposal facility fails to pay the fees, the owner or operator of the licensed solid or hazardous waste disposal facility shall submit to the department with the payment required under par. (b) sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with par. (a) sub. (1).

SB622,238,16 (b) If the person named in the affidavit under subd. 1. par. (a) is a generator or a person who arranges for collection or disposal services on behalf of one or more generators and the person holds a license for the collection and transportation of solid or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fees as required under par. (a) sub. (1).