SB77,1456,14 11(5) The attorney general may bring an action in the name of the state to collect
12any forfeiture imposed under this section if the forfeiture has not been paid following
13the exhaustion of all administrative and judicial reviews. The only issue to be
14contested in the action shall be whether the forfeiture has been paid.
SB77,1456,15 15(6) Section 893.80 does not apply to actions commenced under this section.
SB77, s. 3604 16Section 3604. 283.31 (7) of the statutes is amended to read:
SB77,1456,2317 283.31 (7) The holder of a permit under this section shall pay $100 to the
18department as a groundwater fee on January 1 if the permittee discharges effluent
19on land or if the permittee produces sludge from a treatment work which is disposed
20of on land. If the permittee discharges effluent on land and disposes of sludge from
21a treatment work on land, the permittee shall pay $200 to the department as a
22groundwater fee on January 1. The moneys collected under this subsection shall be
23credited to the environmental fund for groundwater environmental management.
SB77, s. 3605 24Section 3605. 283.33 (9) (c) of the statutes is amended to read:
SB77,1457,2
1283.33 (9) (c) All moneys collected under par. (a) shall be credited to the
2appropriation under s. 20.370 (2) (4) (bj).
SB77, s. 3606 3Section 3606. 283.84 of the statutes is created to read:
SB77,1457,8 4283.84 Trading of water pollution credits. (1) The department shall
5administer at least one pilot project to evaluate the trading of water pollution credits.
6A pilot project may authorize a person required to obtain a permit to increase the
7discharge of pollutants above levels that would otherwise be authorized in the permit
8if the person does one of the following:
SB77,1457,129 (a) Reaches an agreement with another person who is required to obtain a
10permit under which the other person agrees to reduce the discharge of pollutants in
11the project area below the levels that would otherwise be authorized in the other
12person's permit.
SB77,1457,1613 (b) Reaches an agreement with another person who is not required to obtain
14a permit under which the other person agrees to reduce the amount of water
15pollution that it causes in the project area below the levels of water pollution that it
16causes in the project area when the agreement is reached.
SB77,1457,2017 (c) Reaches an agreement with the department or a local governmental unit,
18as defined in s. 16.97 (7), under which the person pays money to the department or
19local governmental unit and the department or local governmental unit uses the
20money to reduce water pollution in the project area.
SB77,1457,22 21(2) The department may select a watershed or water basin as a project area
22under this section only if all of the following apply:
SB77,1457,2523 (a) The watershed or water basin contains at least one impaired water body
24that the department has identified to the federal environmental protection agency
25under 33 USC 1313 (d) (1) (A).
SB77,1458,2
1(b) The watershed or water basin includes both agricultural and municipal
2sources of water pollution and both point sources and nonpoint sources.
SB77,1458,43 (c) Potential participants located in the watershed or water basin exhibit an
4interest in participating in a pilot project.
SB77,1458,7 5(3) 1. The department shall appoint a local committee for each pilot project to
6advise the department concerning the pilot project. The local committee shall
7include a representative of each person in the project area who holds a permit.
SB77,1458,98 2. A committee appointed under s. 281.65 (4) (dr) satisfies the requirement
9under subd. 1. if it includes the members required under subd. 1.
SB77,1458,11 10(4) The department shall amend the permits of persons entering into
11agreements under sub. (1) to enable the agreements to be implemented.
SB77,1458,16 12(5) Beginning no later than September 1, 1998, and annually thereafter, the
13department shall report to the governor, the secretary of administration and the land
14and water conservation board on the progress and status of each pilot project in
15achieving water quality goals and coordinating state and local efforts to improve
16water quality.
SB77, s. 3607 17Section 3607. 285.30 (5) (i) of the statutes is amended to read:
SB77,1458,1918 285.30 (5) (i) A farm truck as defined in s. 340.01 (18) (a). This paragraph does
19not apply after June 30, 1996.
SB77, s. 3608 20Section 3608. 285.31 (5) of the statutes is repealed.
SB77, s. 3609 21Section 3609. 285.59 (1) of the statutes is renumbered 285.59 (1) (intro.) and
22amended to read:
SB77,1458,2323 285.59 (1) (title) Definition Definitions. In this section, "ozone-depleting:
SB77,1458,24 24(a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
SB77, s. 3610 25Section 3610. 285.59 (1) (b) of the statutes is created to read:
SB77,1459,7
1285.59 (1) (b) "State agency" means any office, department, agency, institution
2of higher education, association, society or other body in state government created
3or authorized to be created by the constitution or any law which is entitled to expend
4moneys appropriated by law, including the legislature and the courts, the Wisconsin
5Housing and Economic Development Authority, the Bradley Center Sports and
6Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
7Authority and the Wisconsin Health and Educational Facilities Authority.
SB77, s. 3611 8Section 3611. 285.59 (2) (intro.) of the statutes is amended to read:
SB77,1459,149 285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992,
10except as provided in sub. (3), no person, including a state agency, as defined in s.
11234.75 (10),
may perform salvaging or dismantling of mechanical vapor compression
12refrigeration equipment in the course of which ozone-depleting refrigerant is or may
13be released or removed unless the person certifies all of the following to the
14department:
SB77, s. 3612 15Section 3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:
SB77,1459,1816 285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the
17appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the
18following:
SB77, s. 3613 19Section 3613. 285.69 (3) of the statutes is amended to read:
SB77,1460,220 285.69 (3) Asbestos inspection fees. The department may promulgate rules
21for the payment and collection of fees for inspecting nonresidential asbestos
22demolition and renovation projects regulated by the department. The fees under this
23subsection may not exceed $200 per project. The fees collected under this subsection
24shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and

1indirect costs of conducting inspections of nonresidential asbestos demolition and
2inspection projects regulated by the department.
SB77, s. 3614 3Section 3614. 287.09 (3) (b) of the statutes is amended to read:
SB77,1460,134 287.09 (3) (b) Adopt an ordinance to enforce the program established under
5sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for
6violations of that ordinance. The ordinance may authorize the responsible unit or
7person designated under par. (a) to refuse to accept solid waste at the recycling
8facility or site if the solid waste is a container for an industrial pesticide, as defined
9in s. 94.681 (1) (b), or
a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681
10(1) (c)
, is contaminated or is otherwise in a condition that makes recycling infeasible.
11The ordinance may require a person to use a facility for the recycling of solid waste
12or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only
13as provided under s. 287.13.
SB77, s. 3615 14Section 3615. 287.23 (5) (c) 1. of the statutes is repealed.
SB77, s. 3616 15Section 3616. 287.23 (5) (c) 2. of the statutes is amended to read:
SB77,1460,1916 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other
17responsible units, the amount of the grant for 1993 through 1997 1999 equals either
1866% of the difference between eligible expenses and avoided disposal costs or $8
19times the population of the responsible unit, whichever is less.
SB77, s. 3617 20Section 3617. 287.23 (5) (c) 3. of the statutes is repealed.
SB77, s. 3618 21Section 3618. 287.23 (5) (c) 4. of the statutes is repealed.
SB77, s. 3619 22Section 3619. 287.23 (5) (c) 5. of the statutes is amended to read:
SB77,1460,2423 287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than
2433% of eligible expenses, the grant equals 33% of eligible expenses.
SB77, s. 3620 25Section 3620. 287.23 (5e) of the statutes is amended to read:
SB77,1461,6
1287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.,
23. or 4., to pay $8 times the population of all of the responsible units that are entitled
3to that amount, the department shall distribute the funds so that each responsible
4unit that would be entitled to $6 times its population if the per person amount in sub.
5(5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the
6remaining funds.
SB77, s. 3621 7Section 3621. 287.41 (3) of the statutes is amended to read:
SB77,1461,128 287.41 (3) The board shall submit quarterly progress reports to the appropriate
9standing committees of the legislature, as determined by the presiding officer of each
10house, under s. 13.172 (3), describing the board's progress in implementing the
11strategic plan and how the board's technical assistance, awarding of financial
12assistance and other activities conform to the strategic plan.
SB77, s. 3622 13Section 3622. 287.42 (2s) of the statutes is repealed.
SB77, s. 3623 14Section 3623. 287.42 (5) of the statutes is amended to read:
SB77,1461,1915 287.42 (5) In consultation with the council on recycling, annually Annually
16establish a list of materials recovered from solid waste for which financial assistance
17may be provided under this subchapter, which shall include the materials specified
18in s. 287.07 (3), based on the board's analysis of current and future markets for
19materials recovered from solid waste.
SB77, s. 3624 20Section 3624. 287.44 (1) of the statutes is amended to read:
SB77,1461,2121 287.44 (1) Provide Award financial assistance under s. 287.46.
SB77, s. 3625 22Section 3625. 287.44 (2) of the statutes is amended to read:
SB77,1461,2523 287.44 (2) Fund Award funding for research concerning markets for recovered
24materials and the development of markets for recovered materials to maintain
25present markets or to create new or expanded markets.
SB77, s. 3626
1Section 3626. 287.44 (3) of the statutes is amended to read:
SB77,1462,32 287.44 (3) Fund Award funding for research to improve the recovery,
3processing or distribution of a recovered material.
SB77, s. 3627 4Section 3627. 287.46 (1) of the statutes is amended to read:
SB77,1462,105 287.46 (1) The board may provide award financial assistance, directly or in
6cooperation with another person, to a governmental entity or a business entity to
7assist waste generators in the marketing of recovered materials or to develop
8markets for recovered materials. Forms of financial assistance provided awarded by
9the board, and by a recipient of financial assistance from awarded by the board, may
10include grants, loans and manufacturing rebates.
SB77, s. 3628 11Section 3628. 287.46 (3) of the statutes is amended to read:
SB77,1462,1712 287.46 (3) If the board awards assistance under sub. (1) that results in a loan
13being made by the recipient to another person, the board may direct that the
14repayments of the loan's principal and any interest either be repaid to the recipient
15for use in a revolving loan fund or returned to the board be repaid to the department
16of commerce
. The board department of commerce shall credit any funds received
17under this subsection to the appropriation account under s. 20.143 (1) (L).
SB77, s. 3629 18Section 3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and
19amended to read:
SB77,1462,2320 287.46 (4) (b) In any biennium, the board department of commerce may not
21expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
22biennium for contracts with and financial assistance to responsible units and other
23local units of government.
SB77, s. 3630 24Section 3630. 287.46 (4) (a) of the statutes is created to read:
SB77,1463,5
1287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
2department of commerce shall provide financial assistance awarded by the board
3under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
4(tm), the department of commerce shall pay contracts entered into by the board
5under s. 287.42 (3).
SB77, s. 3631 6Section 3631. 287.48 of the statutes is repealed.
SB77, s. 3632 7Section 3632. 287.49 of the statutes is repealed.
SB77, s. 3633 8Section 3633. 289.41(3) (c) of the statutes is amended to read:
SB77,1463,129 289.41 (3) (c) Changes. The owner or operator may change from one standard
10method of establishing proof of financial responsibility under par. (a) to another or
11to a net worth method of establishing proof of financial responsibility under sub. (3m)
12or
(4).
SB77, s. 3634 13Section 3634. 289.41 (3m) of the statutes is created to read:
SB77,1463,1614 289.41 (3m) Fiscal capacity method of establishing proof of financial
15responsibility for political subdivisions.
(a) Definition. In this subsection,
16"political subdivision" means a city, village, town or county.
SB77,1463,1917 (b) Criteria for fiscal capacity method. A political subdivision may establish
18proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to
19the department and meeting all of the following criteria:
SB77,1463,2520 1. The aggregate amount of indebtedness of the political subdivision is less
21than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at
22least 6 times the estimated total costs of compliance with the closure and any
23long-term care requirements specified in the plan of operation or the approved plan
24under s. 291.29 plus 6 times the costs of any corrective action required under s.
25291.37.
SB77,1464,6
12. The estimated annual cost of compliance with the closure and any long-term
2care requirements specified in the plan of operation or the approved plan under s.
3291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely
4by property tax revenues, will not require a property tax levy of more than 10 cents
5per $1,000 of the value of taxable property located in the political subdivision as
6equalized for state purposes.
SB77,1464,107 3. In the most recent bond ratings before the determination under par. (d) is
8made, the political subdivision has not received a bond rating of less than "A" from
9the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's
10Corporation.
SB77,1464,1411 (c) Application. A political subdivision that seeks to establish proof of financial
12responsibility utilizing the fiscal capacity method shall submit an application to the
13department as a part of the initial license application and annually thereafter, that
14includes all information necessary to demonstrate compliance with par. (b).
SB77,1464,1815 (d) Department determination under fiscal capacity method. 1. If the
16department determines that a political subdivision complies with the criteria in par.
17(b), then the department shall find that the political subdivision satisfies the
18requirements for proof of financial responsibility for the year.
SB77,1464,2219 2. If the department determines that the political subdivision does not comply
20with par. (b), the department shall issue findings of fact to support this
21determination and provide the political subdivision with an opportunity for a
22hearing.
SB77,1465,323 3. In order to continue to meet the fiscal capacity requirements each year, a
24political subdivision shall reapply under par. (c). Subsequent determinations by the
25department shall take into consideration any changes in the plan of operation and

1adjustments to the estimated total cost of compliance with closure and any
2long-term care or corrective action requirements because of inflation or other
3changes.
SB77,1465,64 4. Whenever the department has reason to believe that a political subdivision
5no longer satisfies the fiscal capacity requirements, it may require the political
6subdivision to submit information and materials to show compliance.
SB77,1465,107 5. If a political subdivision does not comply with the criteria in par. (b) during
8the annual review or at any special review, the political subdivision shall establish
9proof of financial responsibility utilizing one of the standard methods under sub. (3)
10within 90 days after the department issues its findings.
SB77,1465,1211 (e) Variances. The department may not grant a variance to any requirement
12of this subsection.
SB77,1465,1713 (f) Joint ownership. If a solid waste disposal facility or hazardous waste facility
14is owned or operated by more than one political subdivision, any of the political
15subdivisions may seek to establish proof of financial responsibility under this
16subsection. The requirements of this subsection apply to each political subdivision
17in proportion to its interest in the facility.
SB77, s. 3635 18Section 3635. 289.41 (11) (a) 5. of the statutes is created to read:
SB77,1466,619 289.41 (11) (a) 5. And if the owner or operator received approval to use the fiscal
20capacity method of proving financial responsibility under sub. (3m), the department
21shall notify the department of administration of the amount, as determined under
22sub. (3m), necessary to pay for the costs of complying with the closure and long-term
23care requirements of the plan of operation or approved plan under s. 291.29 After
24receiving notice from the department of natural resources, the department of
25administration shall collect the amounts due by deducting those amounts from any

1state payments due the political subdivision or may add a special charge to the
2amount of taxes apportioned to and levied upon the county under s. 70.60. The
3department of administration shall deposit those amounts in the waste management
4fund. The amounts collected under this subdivision from state payments due the
5political subdivision shall be collected from the amount of payments due after
6collection of any principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3636 7Section 3636. 289.41 (11) (am) 5. of the statutes is created to read:
SB77,1466,208 289.41 (11) (am) 5. And if the owner or operator received approval to use the
9fiscal capacity method of proving financial responsibility under sub. (3m), the
10department of natural resources shall determine the amounts necessary to pay for
11the costs of complying with corrective action requirements under s. 291.37 and shall
12notify the department of administration of those amounts. After receiving notice
13from the department of natural resources, the department of administration shall
14collect the amounts due by deducting those amounts from any state payments due
15the political subdivision or may add a special charge to the amount of taxes
16apportioned to and levied upon the county under s. 70.60. The department of
17administration shall deposit those amounts in the waste management fund. The
18amounts collected under this subdivision from state payments due the political
19subdivision shall be collected from the amount of payments due after collection of any
20principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3637 21Section 3637. 289.43 (7) (e) 3. of the statutes is amended to read:
SB77,1466,2322 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the
23appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).
SB77, s. 3638 24Section 3638. 289.62 (1) (g) of the statutes is amended to read:
SB77,1467,2
1289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility
2shall be paid into the environmental fund for environmental repair management.
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