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8(3) Reports by trade associations. A trade association may submit a report
9to the department containing the information required under sub. (2) in aggregate
10form for 2 or more materials recovery facilities that are affiliated with the trade
11association. A report under this subsection shall identify each materials recovery
12facility for which it is reporting. A materials recovery facility that is covered by a
13report under this subsection shall be considered to be in compliance with sub. (2).
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14(4) Rules. The department, by rule, may do any of the following:
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(a) Specify the form and manner of reporting under subs. (2) and (3).
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(b) Specify additional materials that the owner or operator of a materials
17recovery facility must report under sub. (2) or (3).
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(c) Exempt certain materials recovery facilities from all or a part of the
19reporting requirements of subs. (2) and (3) if the reports are not needed for the
20calculation of solid waste reuse or recycling rates under s. 287.19 (1) (a) 2.
SB355, s. 10
21Section
10. 289.09 (1) of the statutes is amended to read:
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289.09
(1) Records. Except as provided under sub. (2), any records or other
23information furnished to or obtained by the department in the administration of this
24chapter and
s. ss. 287.27 and 299.15 are public records subject to s. 19.21.
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25Section
11. 289.09 (2) (a) 3. of the statutes is created to read:
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1289.09
(2) (a) 3. An owner or operator of a materials recovery facility, as defined
2in s. 287.27 (1), may seek confidential treatment of information submitted under s.
3287.27 (3).
SB355, s. 12
4Section
12. 289.09 (2) (b) and (d) of the statutes are amended to read:
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289.09
(2) (b)
Standards for granting confidential status. Except as provided
6under par. (c), the department shall grant confidential status for any records or
7information received by the department and certified by the owner or operator of the
8solid waste facility
or materials recovery facility or by the licensed hauler as relating
9to production or sales figures or to processes or production unique to the owner or
10operator of the solid waste facility
or materials recovery facility or which would tend
11to adversely affect the competitive position of the owner or operator if made public.
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(d)
Use of confidential records. Except as provided under par. (c) and this
13paragraph, the department or the department of justice may use records and other
14information granted confidential status under this subsection only in the
15administration and enforcement of this chapter
and, ch. 287 or s. 299.15. The
16department or the department of justice may release for general distribution records
17and other information granted confidential status under this subsection if the owner
18or operator expressly agrees to the release. The department
of natural resources or
19the department of justice may release on a limited basis records and other
20information granted confidential status under this subsection if the department
of
21natural resources or the department of justice is directed to take this action by a
22judge or hearing examiner under an order which protects the confidentiality of the
23records or other information. The department
of natural resources or the
24department of justice may release to the U.S. environmental protection agency, or its
25authorized representative, records and other information granted confidential
1status under this subsection if the department
of natural resources or the
2department of justice includes in each release of records or other information a
3request to the U.S. environmental protection agency, or its authorized
4representative, to protect the confidentiality of the records or other information.
SB355, s. 13
5Section
13. 895.517 of the statutes is created to read:
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6895.517 Liability exemption: solid waste donation or sale. (1) In this
7section:
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(a) "Charitable organization" has the meaning given in s. 895.51 (1) (b).
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(b) "Municipality" has the meaning given in s. 289.01 (23).
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(c) "Qualified food" has the meaning given in s. 895.51 (1) (e).
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(d) "Responsible unit" has the meaning given in s. 287.01 (9).
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(e) "Solid waste" has the meaning given in s. 289.01 (33).
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13(2) Any person who donates or sells, at a price not exceeding overhead and
14transportation costs, solid waste, or a material that is separated from mixed soil
15waste, to a materials reuse program that is operated by a charitable organization,
16municipality or responsible unit is immune from civil liability for the death of or
17injury to an individual or the damage to property caused by the solid waste or
18material donated or sold by the person.
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19(3) This section does not apply if the death or injury was caused by wilful or
20wanton acts or omissions.
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21(4) This section does not apply to the sale or donation of qualified food.
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(1)
Study of the future of solid waste management.
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(a) The department of natural resources, in cooperation with the University of
25Wisconsin-Extension, shall study the future needs of solid waste management in
1this state. The study shall include an examination of methods to do all of the
2following:
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31. Improve the coordination and cost-effectiveness of solid waste management
4in this state.
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52. Increase the efficiency and effectiveness of current effective recycling
6programs under section 287.11 (2) of the statutes.
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(b) On or before June 30, 1999, the secretary of natural resources and the
8chancellor of the University of Wisconsin-Extension shall submit the study report
9and any recommendations to the governor, and the chief clerk of each house of the
10legislature for distribution in the manner provided under section 13.172 (2) of the
11statutes.
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(1) The treatment of section 895.517 of the statutes first applies to sales or
14donations occurring on the effective date of this subsection.
