SB478: Bill Text

LRB-2658/1

RCT:kmg&kaf:jf

1997 - 1998 LEGISLATURE

1997 Senate BILL 478

February 25, 1998 - Introduced by Senators Clausing, Roessler, Wirch and Burke, cosponsored by Representatives Harsdorf, Black, Hoven, Baumgart, Sykora, Hasenohrl, Vrakas, Notestein, Musser, Robson and Otte. Referred to Committee on Agriculture and Environmental Resources.

SB478,1,5 An Act to amend 20.370 (2) (dh) and 20.866 (1) (u); to repeal and recreate 20.866 (1) (u); and to create 20.370 (2) (dr), 20.370 (7) (cq), 20.866 (2) (th), 289.645 and 292.60 of the statutes; relating to: grants to political subdivisions for landfill cleanups, a municipal landfill cleanup fee, granting bonding authority, granting rule-making authority and making appropriations.

Analysis by the Legislative Reference Bureau

This bill establishes a program under which the department of natural resources (DNR) awards grants to reimburse political subdivisions (cities, villages, towns and counties) for a portion of the costs of investing and remedying environmental pollution caused by landfills owned by political subdivisions. A grant may not exceed 50% of the eligible costs that a political subdivision incurs or $2,000,000, whichever is less. A political subdivision that receives a grant must reimburse DNR for the costs DNR incurs in evaluating the political subdivision's application and making the grant to the political subdivision.

The bill provides $10,000,000 in general obligation bonding authority for the grant program. This bill also imposes a 30-cent per ton municipal landfill cleanup fee on solid waste disposed of at municipal waste landfills.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB478, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB478, s. 2 Section 2. 20.370 (2) (dh) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB478,2,10 20.370 (2) (dh) Solid waste management — remediated property. All moneys received under ss. 292.11 (7) (d) 2., 292.13 (3), 292.15 (5), 292.21 (1) (c) 1. d., 292.35 (13) and, 292.55 (2) and 292.60 (4) for the department's activities related to the issuance of determinations under s. 292.13 (2), remedial action cost recovery under s. 292.35 and, remediation of property under ss. 292.11 (7) (d), 292.15 (2) and (4) and 292.55 (1) and making grants for landfill cleanup under s. 292.60.

SB478, s. 3 Section 3. 20.370 (2) (dr) of the statutes is created to read:

SB478,2,14 20.370 (2) (dr) Solid waste management — landfill cleanup. From the environmental fund, the amounts in the schedule for administration of the landfill cleanup program under s. 292.60.

SB478, s. 4 Section 4. 20.370 (7) (cq) of the statutes is created to read:

SB478,3,6 20.370 (7) (cq) Principal repayment and interest — grants for landfill cleanup. From the environmental fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest incurred in financing grants to political subdivisions for landfill cleanup under s. 20.866 (2) (th) and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those grants.

SB478, s. 5 Section 5. 20.866 (1) (u) of the statutes, as affected by 1997 Wisconsin Act 27, section 726, and 1997 Wisconsin Act 35, is amended to read:

SB478,3,18 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (f), 20.190 (1) (c), (d), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.275 (1) (er), (es), (h) and (hb), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (aq), (ar), (at), (au), (av), (ba), (ca), (cb), (cc), (cd), (ce), (cq) , (ea), (eq) and (er), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee) and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (5) (c),(g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

SB478, s. 6 Section 6. 20.866 (1) (u) of the statutes, as affected by 1997 Wisconsin Act 27, section 727, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB478,4,5 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (f), 20.190 (1) (c), (d), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.275 (1) (er), (es), (h) and (hb), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (aq), (ar), (at), (ba), (ca), (cb), (cc), (cd), (ce), (cq), (ea), (eq) and (er), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee) and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (5) (c),(g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

SB478, s. 7 Section 7. 20.866 (2) (th) of the statutes is created to read:

SB478,4,10 20.866 (2) (th) Natural resources; grants for landfill cleanup. From the capital improvement fund, a sum sufficient for the department of natural resources to fund grants to political subdivisions for landfill cleanup under s. 292.60. The state may contract public debt in an amount not to exceed $10,000,000 for this purpose.

SB478, s. 8 Section 8. 289.645 of the statutes is created to read:

SB478,4,23 289.645 Municipal landfill cleanup fee. (1) Imposition of municipal landfill cleanup fee on generators. Except as provided under sub. (4), a generator of solid waste shall pay a municipal landfill cleanup fee for each ton or equivalent volume of solid waste that is disposed of at a licensed municipal waste landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the municipal landfill cleanup fee to the licensed municipal waste landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed municipal waste landfill. An intermediate hauler who receives the municipal waste landfill fee under this subsection shall pay the fee to the licensed municipal waste landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

SB478,5,4 (2) Collection. The owner or operator of a licensed municipal waste landfill shall collect the municipal landfill cleanup fee 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 fee required to be collected according to the amount of solid waste received and disposed of at the municipal waste landfill during the preceding reporting period.

SB478,5,6 (3) Amount of municipal landfill cleanup fee. The fee imposed under this section is 30 cents per ton of solid waste.

SB478,5,12 (4) Exemption from municipal landfill cleanup fee; certain materials used in operation of the landfill. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a municipal waste landfill are not subject to the municipal landfill cleanup fee imposed under sub. (1), except that materials approved for use under s. 289.30 (5) or 289.31 (9) are subject to the fee.

SB478,5,17 (5) 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 municipal waste landfill shall pay the municipal landfill cleanup fee required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

SB478,5,19 (6) Use of municipal landfill cleanup fees. The fees collected under sub. (2) shall be deposited in the environmental fund.

SB478,5,24 (7) Failure to pay municipal landfill cleanup fee. (a) If a person required under sub. (1) to pay the municipal landfill cleanup fee to a licensed municipal waste landfill fails to pay the fee, the owner or operator of the licensed municipal waste landfill 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).

SB478,6,7 (b) If the person named in the affidavit under 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 waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date on which the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fee as required under sub. (1).

SB478,6,13 (c) If the person named in the affidavit under par. (a) is an intermediate hauler that holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date on which the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that either of the following has occurred:

SB478,6,17 1. The person named in the affidavit under par. (a) received the required fee from a generator, from a person who arranges for collection or disposal services on behalf of one or more generators or from an earlier intermediate hauler, and paid the fee to the licensed municipal waste landfill or to a subsequent intermediate hauler.

SB478,6,20 2. A generator, a person who arranges for collection or disposal services on behalf of one or more generators or an earlier intermediate hauler failed to pay the required fee to the person named in the affidavit under par. (a).

SB478,6,25 (d) If the department does not receive an affidavit under par. (b) or (c) within 30 days after the date on which the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid waste or hazardous waste. Notwithstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.

SB478,7,4 (e) When a person whose license is suspended under par. (d) provides the department with proof that the person has paid the owner or operator of the licensed municipal waste landfill the amount of the unpaid fee, the department shall immediately reinstate the suspended license.

SB478, s. 9 Section 9. 292.60 of the statutes is created to read:

SB478,7,7 292.60 Grants to political subdivisions for landfill cleanup. (1) Definitions. In this section:

SB478,7,10 (a) Notwithstanding s. 292.01 (7), "landfill" means a solid waste facility for solid waste disposal that is an approved facility, as defined in s. 289.01 (3), or a nonapproved facility, as defined in s. 289.01 (24).

SB478,7,11 (b) "Political subdivision" means a city, village, town or county.

SB478,7,15 (2) Eligibility. The department may award a grant from the appropriation under s. 20.866 (2) (th) to reimburse a political subdivision for a portion of the reasonable and necessary costs of investigating and remedying environmental pollution caused by a landfill if all of the following apply:

SB478,7,16 (a) The political subdivision owns the landfill.

SB478,7,20 (c) The political subdivision enters into a contract with the department that establishes a schedule for completing the investigation and remedial action and specifies the staff, the consultants and contractors and the financial resources that the political subdivision will use in conducting the investigation and remedial action.

SB478,7,22 (d) The political subdivision complies with all legal requirements that apply to investigating and remedying environmental pollution caused by the landfill.

SB478,7,24 (3) Grants. (a) A grant under this section may not exceed the lesser of the following:

SB478,8,3 1. Fifty percent of the reasonable and necessary costs that are incurred by the political subdivision to investigate conditions at the landfill and to conduct remedial action to remedy environmental pollution caused by the landfill.