SB170: Bill Text

SB170,16,4 (b) The department may not disclose information obtained under par. (a) 2.

SB170,16,7 (7) Use of fees and surcharges. (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical management fund except as follows:

SB170,16,10 1. The department shall deposit an amount equal to $50 for each pesticide product for which an applicant pays a license fee in the environmental fund for groundwater management.

SB170,16,13 2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for groundwater management.

SB170,16,16 3. The department shall deposit an amount equal to $30 for each pesticide for which an applicant pays a license fee in the environmental fund for environmental repair.

SB170,16,19 (b) Nonhousehold pesticides; cleanup surcharge. The department shall credit the surcharges collected under subs. (3) and (6) (a) 4. to the appropriation account under s. 20.115 (7) (i).

SB170,16,21 (c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental repair.

SB170,16,25 (8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

SB170, s. 30 Section 30. 94.685 (2) of the statutes is repealed and recreated to read:

SB170,17,7 94.685 (2) (a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.

SB170,17,10 (b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.

SB170, s. 31 Section 31. 94.685 (3) of the statutes is repealed and recreated to read:

SB170,17,14 94.685 (3) (a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:

SB170,17,15 1. A license fee of $60.

SB170,17,18 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under s. 94.73 (15).

SB170,17,20 (b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

SB170,17,22 2. The department shall credit the surcharge under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

SB170, s. 32 Section 32. 94.702 (3m) of the statutes is created to read:

SB170,17,25 94.702 (3m) The department shall deposit the fees collected under sub. (3) in the agrichemical management fund.

SB170, s. 33 Section 33. 94.703 (3) (a) of the statutes is repealed and recreated to read:

SB170,18,5 94.703 (3) (a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:

SB170,18,6 1. A license fee of $70.

SB170,18,9 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $55, unless the department establishes a lower surcharge under s. 94.73 (15).

SB170, s. 34 Section 34. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and amended to read:

SB170,18,13 94.703 (3) (c) 1. The department shall deposit the fees collected under this subsection par. (a) 1. in the agrichemical management fund.

SB170, s. 35 Section 35. 94.703 (3) (c) 2. of the statutes is created to read:

SB170,18,16 94.703 (3) (c) 2. The department shall credit surcharges collected under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

SB170, s. 36 Section 36. 94.704 (2) (intro.) of the statutes is amended to read:

SB170,18,22 94.704 (2) (intro.) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:

SB170, s. 37 Section 37. 94.704 (3) (a) of the statutes is repealed and recreated to read:

SB170,18,25 94.704 (3) (a) Except as provided in par. (b), a person applying for an annual license under this section shall pay the following license fee and surcharge:

SB170,19,2 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1998, and January 1, 1999.

SB170,19,5 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $20, unless the department establishes a lower surcharge under s. 94.73 (15).

SB170, s. 38 Section 38. 94.704 (3) (c) of the statutes is created to read:

SB170,19,8 94.704 (3) (c) 1. The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.

SB170,19,10 2. The department shall credit surcharges collected under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

SB170, s. 39 Section 39. 94.72 (6) (a) of the statutes is repealed and recreated to read:

SB170,19,14 94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a person required to be licensed under sub. (5) shall pay the following annual inspection fees on all commercial feeds distributed in this state:

SB170,19,16 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15 cents per ton.

SB170,19,18 2. For commercial feeds distributed in this state on or after January 1, 2000, 25 cents per ton.

SB170, s. 40 Section 40. 94.72 (6) (am) of the statutes is created to read:

SB170,20,2 94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February annually, a person who is required to be licensed under sub. (5) shall file a tonnage report with the department showing the number of net tons of commercial feed that the person sold or distributed in this state during the preceding calendar year. By the last day of February annually, the person shall also pay the fees under par. (a) for commercial feed that the person sold or distributed in this state during the preceding calendar year, based on the tonnage report.

SB170,20,5 2. At the request of the department, a person filing a tonnage report under subd. 1. shall make the records upon which the tonnage report is based available to the department for inspection, copying and audit.

SB170,20,7 3. The department may not disclose information obtained from a tonnage report under subd. 1.

SB170, s. 41 Section 41. 94.73 (1) (g) of the statutes is amended to read:

SB170,20,11 94.73 (1) (g) "Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a) 2., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote 94.681 (1) (c).

SB170, s. 42 Section 42. 94.73 (2) (c) of the statutes is amended to read:

SB170,20,23 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (w) (i) for the corrective action costs incurred as the result of the department's order.

SB170, s. 43 Section 43. 94.73 (3m) (L) of the statutes is amended to read:

SB170,21,2 94.73 (3m) (L) The cost of a responsible person's time spent in planning and implementing the corrective action.

SB170, s. 44 Section 44. 94.73 (3m) (r) of the statutes is amended to read:

SB170,21,8 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (e) (d), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 for the replacement of private wells if the department or the department of natural resources orders the well replacement in response to a discharge.

SB170, s. 45 Section 45. 94.73 (4) (a) of the statutes is amended to read:

SB170,21,13 94.73 (4) (a) Except as provided in par. (d), no responsible person may receive reimbursement for corrective action costs exceeding $20,000 $7,500 unless the responsible person submits to the department in writing, and the department approves, a work plan for the corrective action before the corrective action is taken.

SB170, s. 46 Section 46. 94.73 (5) (e) of the statutes is amended to read:

SB170,21,25 94.73 (5) (e) No person may make a false statement or misrepresentation on an application submitted under this section. A person who makes a false statement or misrepresentation on an application related to a corrective action is ineligible for reimbursement related to that corrective action and is ineligible for any reimbursement related to any other corrective action taken or ordered within 5 years after the date of the false statement or misrepresentation. If the responsible person has received any reimbursement for which the responsible person is ineligible under this paragraph, the responsible person shall refund the full amount of that reimbursement to the department. The amounts refunded to the department under this paragraph shall be deposited in the agrichemical management fund credited to the appropriation account under s. 20.115 (7) (i).

SB170, s. 47 Section 47. 94.73 (6) (b) and (c) of the statutes are repealed and recreated to read:

SB170,22,5 94.73 (6) (b) Except as provided in par. (c) or (d), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000.

SB170,22,9 (c) Except as provided in par. (d), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 if any of the following applies:

SB170,22,10 1. The responsible person is required to be licensed under ss. 94.67 to 94.71.

SB170,22,11 2. The responsible person employs more than 25 persons.

SB170,22,12 3. The responsible person has gross annual sales of more than $2,500,000.

SB170, s. 48 Section 48. 94.73 (6) (d) of the statutes is amended to read:

SB170,22,18 94.73 (6) (d) If the corrective action is related to a discharge that occurred in the course of transporting an agricultural chemical, the reimbursement under par. (b) this subsection is limited to 75% 80% of the corrective action costs that exceed $7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that exceed $3,000 for any other person $3,000 but that do not exceed $50,000.

SB170, s. 49 Section 49. 94.73 (6) (e) of the statutes is repealed.

SB170, s. 50 Section 50. 94.73 (7) of the statutes is repealed and recreated to read:

SB170,23,3 94.73 (7) Payment. (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts under s. 20.115 (7) (e) and (i), subject to the availability of funds in those appropriation accounts. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

SB170,23,8 (b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.

SB170, s. 51 Section 51. 94.73 (8) of the statutes is amended to read:

SB170,23,15 94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management fund credited to the appropriation account under s. 20.115 (7) (i).

SB170, s. 52 Section 52. 94.73 (13) of the statutes is amended to read:

SB170,23,20 94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

SB170, s. 53 Section 53. 94.73 (15) of the statutes is created to read:

SB170,24,4 94.73 (15) Surcharge adjustments. The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the appropriation account under s. 20.115 (7) (i) at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.

SB170, s. 54 Section 54. 287.09 (3) (b) of the statutes is amended to read:

SB170,24,15 287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

SB170, s. 55 Section 55 . Appropriation changes.

SB170,24,22 (1) Agricultural chemical cleanup lapse. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the general fund, from the appropriation account to the department of agriculture, trade and consumer protection under section 20.115 (7) (e) of the statutes, an amount equal to the unencumbered balance in that appropriation account on the day before the effective date of this subsection.

SB170,25,4 (2) Agricultural chemical cleanup transfer. On the effective date of this subsection, there is transferred from the agrichemical management fund to the appropriation account to the department of agriculture, trade and consumer protection under section 20.115 (7) (i) of the statutes, as created by this act, an amount determined by the secretary of administration to be equal to the unexpended revenue generated by the fee increases resulting from the treatment of sections 94.64 to 94.704 of the statutes by 1993 Wisconsin Act 16.

SB170, s. 56 Section 56. Effective dates. This act takes effect on July 1, 1997, or on the day after publication, whichever is later, except as follows:

SB170,25,8 (1) Fertilizer fees and surcharges. The treatment of section 94.64 (3) (b) and (c), (3r), (4) to (6), (6m) and (6p) of the statutes takes effect on August 1, 1998.

SB170,25,10 (2) Commercial feed fees. The treatment of section 94.72 (6) (a) and (am) of the statutes takes effect on February 1, 1998.

SB170,25,11 (End)