LRB-3583/1
RCT:kjf:ph
2011 - 2012 LEGISLATURE
February 29, 2012 - Introduced by Representatives Tauchen, Bernier, Stroebel,
Endsley, Doyle
and Brooks. Referred to Committee on Natural Resources.
AB643,1,6 1An Act to amend 289.645 (2) and 289.67 (1) (a); and to create 289.63 (6) (c),
2289.63 (6) (d), 289.63 (10), 289.64 (4) (c), 289.64 (4) (d), 289.64 (8), 289.645 (4)
3(g), 289.645 (4) (h), 289.645 (8), 289.67 (1) (fe), 289.67 (1) (fj) and 289.67 (1) (j)
4of the statutes; relating to: fees imposed on the disposal of solid waste and
5hazardous waste at licensed solid waste and hazardous waste disposal
6facilities.
Analysis by the Legislative Reference Bureau
Current law imposes on generators of solid waste several fees based on the
tonnage of solid waste disposed of at solid waste disposal facilities (landfills). The
fees are collected by operators of landfills and paid by those operators to the
Department of Natural Resources (DNR). Currently there are some exemptions
from these fees. This kind of fee is often referred to as a tipping fee. This bill creates
new exemptions from the groundwater, well compensation, solid waste facility siting
board, recycling, and environmental repair tipping fees (the tipping fees).
The bill exempts from the tipping fees soil removed during the cleanup of a
contaminated site that is listed in DNR's database of contaminated properties. The
bill also exempts from the tipping fees materials discarded as residue from a
recycling facility, subject to a cap that equals, for a construction and demolition
material recycling facility, 30 percent of the total weight of material accepted by the
facility and, for any other recycling facility, 10 percent of the total weight of material
accepted by the facility.

Under the bill, if a person who disposes of solid waste at a landfill fails to pay
the tipping fees and the disposal charges imposed by the landfill operator within 120
days after the date of disposal, the landfill operator may submit an affidavit to DNR
that explains the situation and includes a commitment from the operator not to
accept any more solid waste from the person until the overdue tipping fees are paid.
When it receives such an affidavit, DNR must refund any amount of the overdue
tipping fees that the operator paid to DNR for the person and the operator is not
required to pay to DNR any more of the overdue tipping fees owed by the person. If
the person later pays the overdue tipping fees to the operator, the operator must pay
the tipping fees to DNR.
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:
AB643, s. 1 1Section 1. 289.63 (6) (c) of the statutes is created to read:
AB643,2,52 289.63 (6) (c) Contaminated soil removed during the cleanup of an industrial
3or commercial site that is abandoned, idle, or underused and that the department
4has assigned an activity number in the database under s. 292.31 (1) (a) is not subject
5to the groundwater and well compensation fees imposed under sub. (1).
AB643, s. 2 6Section 2. 289.63 (6) (d) of the statutes is created to read:
AB643,2,87 289.63 (6) (d) 1. In this paragraph, "qualified materials recovery facility"
8means one of the following:
AB643,2,119 a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the
10facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and the facility is in
11compliance with its approved plan of operation.
AB643,3,212 b. A facility at which materials generated by construction, demolition, and
13remodeling of structures are processed for recycling if the facility is licensed under
14this chapter as a solid waste processing facility, the approved plan of operation for
15the facility requires the reporting of the volume or weight of materials processed,

1recycled, and discarded as residue, and the facility is in compliance with its approved
2plan of operation.
AB643,3,43 2. The following amounts of solid waste materials are not subject to the
4groundwater and well compensation fees imposed under sub. (1):
AB643,3,85 a. For a qualified materials recovery facility described in subd. 1. a., an amount
6equal to the weight of the residue generated by the qualified materials recovery
7facility or 10 percent of the total weight of material accepted by the qualified
8materials recovery facility, whichever is less.
AB643,3,129 b. For a qualified materials recovery facility described in subd. 1. b., an amount
10equal to the weight of the residue generated by the qualified materials recovery
11facility or 30 percent of the total weight of material accepted by the qualified
12materials recovery facility, whichever is less.
AB643, s. 3 13Section 3. 289.63 (10) of the statutes is created to read:
AB643,3,2114 289.63 (10) Repayment or waiver of overdue groundwater and well
15compensation fees.
(a) 1. If a person required under sub. (1) to pay groundwater and
16well compensation fees to a licensed solid waste or hazardous waste disposal facility
17fails, within 120 days after the date of disposal, to pay the groundwater and well
18compensation fees and to pay the charges imposed by the licensed solid waste or
19hazardous waste disposal facility, the owner or operator of the licensed solid waste
20or hazardous waste disposal facility may submit an affidavit to the department that
21includes all of the following:
AB643,3,2322 a. Identifying information for the person that failed to pay the groundwater and
23well compensation fees.
AB643,3,2524 b. A description of the efforts made to collect the groundwater and well
25compensation fees that are overdue.
AB643,4,3
1c. A commitment that the owner or operator will not accept any solid waste or
2hazardous waste from the person that failed to pay the fees until the overdue
3groundwater and well compensation fees are paid.
AB643,4,104 2. When the department receives an affidavit that complies with subd. 1., the
5department shall refund to the owner or operator any amount of the overdue
6groundwater and well compensation fees paid by the owner or operator and shall
7grant a waiver to the owner or operator from the requirement to pay any additional
8amount of the overdue groundwater and well compensation fees. If the person later
9pays the overdue groundwater and well compensation fees to the owner or operator,
10the owner or operator shall pay the full amount received to the department.
AB643,4,1611 (b) 1. If a person required under sub. (1) to pay the groundwater and well
12compensation fees to an intermediate hauler fails, within 120 days after the date of
13disposal, to pay the groundwater and well compensation fees and to pay the charges
14imposed by the intermediate hauler, the hauler may submit an affidavit to the owner
15or operator of the licensed solid waste or hazardous waste disposal facility at which
16the solid or hazardous waste is disposed of that includes all of the following:
AB643,4,1817 a. Identifying information for the person that failed to pay the groundwater and
18well compensation fees.
AB643,4,2019 b. A description of the efforts made to collect the groundwater and well
20compensation fees that are overdue.
AB643,4,2321 c. A commitment that the hauler will not accept any solid waste or hazardous
22waste from the person that failed to pay the groundwater and well compensation fees
23until the overdue groundwater and well compensation fees are paid.
AB643,5,3
12. When the owner or operator of a licensed solid waste or hazardous waste
2disposal facility receives an affidavit under subd. 1., the owner or operator shall
3submit the affidavit to the department.
AB643,5,124 3. When the department receives an affidavit that complies with subd. 1., the
5department shall refund to the owner or operator any amount of the overdue
6groundwater and well compensation fees paid by the hauler and shall grant a waiver
7to the hauler from the requirement to pay any additional amount of the overdue
8groundwater and well compensation fees and the owner or operator shall pay any
9refund to the hauler. If the person later pays the overdue groundwater and well
10compensation fees to the hauler, the hauler shall pay the full amount received to the
11owner or operator and the owner or operator shall forward the payment to the
12department.
AB643, s. 4 13Section 4. 289.64 (4) (c) of the statutes is created to read:
AB643,5,1714 289.64 (4) (c) Contaminated soil removed during the cleanup of an industrial
15or commercial site that is abandoned, idle, or underused and that the department
16has assigned an activity number for the database under s. 292.31 (1) (a) is not subject
17to the waste facility siting board fee imposed under sub. (1).
AB643, s. 5 18Section 5. 289.64 (4) (d) of the statutes is created to read:
AB643,5,2019 289.64 (4) (d) 1. In this paragraph, "qualified materials recovery facility"
20means one of the following:
AB643,5,2321 a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the
22facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and the facility is in
23compliance with its approved plan of operation.
AB643,6,424 b. A facility at which materials generated by construction, demolition, and
25remodeling of structures are processed for recycling if the facility is licensed under

1this chapter as a solid waste processing facility, the approved plan of operation for
2the facility requires the reporting of the volume or weight of materials processed,
3recycled, and discarded as residue, and the facility is in compliance with its approved
4plan of operation.
AB643,6,65 2. The following amounts of solid waste materials are not subject to the solid
6waste facility siting board fee imposed under sub. (1):
AB643,6,107 a. For a qualified materials recovery facility described in subd. 1. a., an amount
8equal to the weight of the residue generated by the qualified materials recovery
9facility or 10 percent of the total weight of material accepted by the qualified
10materials recovery facility, whichever is less.
AB643,6,1411 b. For a qualified materials recovery facility described in subd. 1. b., an amount
12equal to the weight of the residue generated by the qualified materials recovery
13facility or 30 percent of the total weight of material accepted by the qualified
14materials recovery facility, whichever is less.
AB643, s. 6 15Section 6. 289.64 (8) of the statutes is created to read:
AB643,6,2216 289.64 (8) Repayment or waiver of overdue waste facility siting board fee.
17(a) 1. If a person required under sub. (1) to pay the waste facility siting board fee to
18a licensed solid waste or hazardous waste disposal facility fails, within 120 days after
19the date of disposal, to pay the waste facility siting board fee and to pay the charges
20imposed by the licensed solid waste or hazardous waste disposal facility, the owner
21or operator of the licensed solid waste or hazardous waste disposal facility may
22submit an affidavit to the department that includes all of the following:
AB643,6,2423 a. Identifying information for the person that failed to pay the waste facility
24siting board fee.
AB643,7,2
1b. A description of the efforts made to collect the waste facility siting board fee
2that is overdue.
AB643,7,53 c. A commitment that the owner or operator will not accept any solid waste or
4hazardous waste from the person that failed to pay the waste facility siting board fee
5until the overdue waste facility siting board fee is paid.
AB643,7,126 2. When the department receives an affidavit that complies with subd. 1., the
7department shall refund to the owner or operator any amount of the overdue waste
8facility siting board fee paid by the owner or operator and shall grant a waiver to the
9owner or operator from the requirement to pay any additional amount of the overdue
10waste facility siting board fee. If the person later pays the overdue waste facility
11siting board fee to the owner or operator, the owner or operator shall pay the full
12amount received to the department.
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