SB187: Bill Text

SB187,3,21 287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

SB187, s. 5 Section 5. 287.11 (2) (b), (c) (intro.), (d) (intro.) and (i) of the statutes are amended to read:

SB187,4,4 287.11 (2) (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

SB187,4,8 (c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

SB187,4,12 (d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

SB187,4,17 (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

SB187, s. 6 Section 6. 287.11 (2e) (a) of the statutes is renumbered 287.11 (2e) and amended to read:

SB187,5,2 287.11 (2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.

SB187, s. 7 Section 7. 287.11 (2e) (b) of the statutes is repealed.

SB187, s. 8 Section 8 . 287.11 (2m) (b) (intro.) of the statutes is amended to read:

SB187,5,10 287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

SB187, s. 9 Section 9. 287.11 (2m) (c) of the statutes is amended to read:

SB187,5,18 287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

SB187, s. 10 Section 10 . 287.11 (2p) (c) of the statutes is amended to read:

SB187,5,22 287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to a an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

SB187, s. 11 Section 11. 287.12 of the statutes is repealed.

SB187, s. 12 Section 12 . 289.63 (title), (1) and (2) of the statutes are amended to read:

SB187,6,15 289.63 (title) Groundwater, solid waste capacity and well compensation fees. (1) (title) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under 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 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 s. 289.62 (1).

SB187,6,22 (2) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the groundwater, solid waste capacity and well compensation fees from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility during the preceding reporting period.

SB187, s. 13 Section 13. 289.63 (3) (title) of the statutes is amended to read:

SB187,6,25 289.63 (3) (title) Amount of groundwater , solid waste capacity and well compensation fees.

SB187, s. 14 Section 14. 289.63 (3) (c) and (d) of the statutes are repealed.

SB187, s. 15 Section 15. 289.63 (5), (6), (7), (8) and (9) (title) and (a) of the statutes are amended to read:

SB187,7,8 289.63 (5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under sub. (2) are in addition to the tonnage fee imposed under s. 289.62 (1), the environmental repair base fee imposed under s. 289.67 (3) and the environmental repair surcharge imposed under s. 289.67 (4).

SB187,7,15 (6) (title) 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 sub. (1), except that foundry sands or shredder fluff approved for use under s. 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.

SB187,7,20 (7) Reporting period. The reporting period under this section is the same as the reporting period under 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 sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

SB187,7,25 (8) (title) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair.

SB187,8,7 (9) (title) Failure to pay groundwater, solid waste capacity and well compensation fees. (a) If a person required under 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 sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

SB187, s. 16 Section 16. 289.65 of the statutes is repealed.

SB187, s. 17 Section 17 . 289.66 of the statutes is repealed.

SB187, s. 18 Section 18 . 289.67 (1) (e) of the statutes is amended to read:

SB187,8,15 289.67 (1) (e) In addition to other fees. The environmental repair fee collected and paid under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge imposed under sub. (3), the tonnage fee imposed under s. 289.62 (1) and the groundwater, solid waste capacity and well compensation fees imposed under s. 289.63.

SB187,8,16 (End)