SB478: Bill Text

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.

SB478,8,4 2. Two million dollars.

SB478,8,7 (b) The department shall promulgate rules containing criteria to determine eligible costs for grants under this section and providing for the payment of grants in instalments at specified points in the investigation and remedial action process.

SB478,8,11 (4) Reimbursement for department expenses. A political subdivision that receives a grant under this section shall reimburse the department for the staff time and other costs incurred by the department in evaluating the political subdivision's application and making the grant to the political subdivision.

SB478,8,14 (5) Enforcement. If a political subdivision violates the terms of a contract entered into under sub. (2) (c), the department may refer the matter to the department of justice for enforcement under s. 299.95.

SB478, s. 10 Section 10. Nonstatutory provisions.

SB478,8,22 (1) Study. The department of natural resources shall enter into a contract for a study of the landfill cleanup issue in this state. The study shall identify all landfills that would be eligible for assistance under section 292.60 of the statutes, as created by this act, estimate the cost of remedial action at all of those landfills and identify potential mechanisms for funding that remedial action. The department shall report the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than June 30, 1999.

SB478,9,2 (2) Position authorization. The authorized FTE positions for the department of natural resources are increased by 3.0 SEG positions on July 1, 1998, to be funded from the appropriation under section 20.370 (2) (dr) of the statutes, as created by this act, for administration of the program for political subdivision landfill cleanups.

SB478, s. 11 Section 11. Initial applicability.

SB478,9,5 (1) Municipal landfill cleanup fee. The treatment of section 289.645 of the statutes first applies to solid waste disposed of on January 1, 1998.

SB478, s. 12 Section 12. Effective dates. This act takes effect on the day after publication, except as follows:

SB478,9,9 (1) The repeal and recreation of section 20.866 (1) (u) the statutes takes effect on July 1, 1999.

SB478,9,10 (End)