AB444,3,212 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.
AB444,3,43 2. The following amounts of solid waste materials are not subject to the
4groundwater and well compensation fees imposed under sub. (1):
AB444,3,85 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.
AB444,3,129 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.
AB444,3 13Section 3. 289.63 (10) of the statutes is created to read:
AB444,3,2114 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:
AB444,3,2322 a. Identifying information for the person that failed to pay the groundwater and
23well compensation fees.
AB444,3,2524 b. A description of the efforts made to collect the groundwater and well
25compensation fees that are overdue.
AB444,4,3
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.
AB444,4,104 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.
AB444,4,1611 (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:
AB444,4,1817 a. Identifying information for the person that failed to pay the groundwater and
18well compensation fees.
AB444,4,2019 b. A description of the efforts made to collect the groundwater and well
20compensation fees that are overdue.
AB444,4,2321 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.
AB444,5,3
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.
AB444,5,124 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.
AB444,4 13Section 4. 289.64 (4) (c) of the statutes is created to read:
AB444,5,1714 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).
AB444,5 18Section 5. 289.64 (4) (d) of the statutes is created to read:
AB444,5,2019 289.64 (4) (d) 1. In this paragraph, "qualified materials recovery facility"
20means one of the following:
AB444,5,2321 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.
AB444,6,424 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.
AB444,6,65 2. The following amounts of solid waste materials are not subject to the solid
6waste facility siting board fee imposed under sub. (1):
AB444,6,107 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.
AB444,6,1411 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.
AB444,6 15Section 6. 289.64 (8) of the statutes is created to read:
AB444,6,2216 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:
AB444,6,2423 a. Identifying information for the person that failed to pay the waste facility
24siting board fee.
AB444,7,2
1b. A description of the efforts made to collect the waste facility siting board fee
2that is overdue.
AB444,7,53 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.
AB444,7,126 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.
AB444,7,1813 (b) 1. If a person required under sub. (1) to pay the waste facility siting board
14fee to an intermediate hauler fails, within 120 days after the date of disposal, to pay
15the waste facility siting board fee and to pay the charges imposed by the intermediate
16hauler, the hauler may submit an affidavit to the owner or operator of the licensed
17solid waste or hazardous waste disposal facility at which the solid or hazardous
18waste is disposed of that includes all of the following:
AB444,7,2019 a. Identifying information for the person that failed to pay the waste facility
20siting board fee.
AB444,7,2221 b. A description of the efforts made to collect the waste facility siting board fee
22that is overdue.
AB444,7,2523 c. A commitment that the hauler will not accept any solid waste or hazardous
24waste from the person that failed to pay the waste facility siting board fee until the
25overdue waste facility siting board fee is paid.
AB444,8,3
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.
AB444,8,114 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 waste
6facility siting board fee paid by the hauler and shall grant a waiver to the hauler from
7the requirement to pay any additional amount of the overdue waste facility siting
8board fee and the owner or operator shall pay any refund to the hauler. If the person
9later pays the overdue waste facility siting board fee to the hauler, the hauler shall
10pay the full amount received to the owner or operator and the owner or operator shall
11forward the payment to the department.
AB444,7 12Section 7. 289.645 (2) of the statutes is amended to read:
AB444,8,1913 289.645 (2) Collection. The owner or operator of a licensed solid waste or
14hazardous waste disposal facility shall collect the recycling fee from the generator,
15a person who arranges for disposal on behalf of one or more generators or an
16intermediate hauler and shall pay to the department the amount of the fee required
17to be collected according to the amount of solid waste or hazardous waste received
18and disposed of at the facility during the preceding reporting period , except as
19provided under sub. (8)
.
AB444,8 20Section 8. 289.645 (4) (g) of the statutes is created to read:
AB444,8,2421 289.645 (4) (g) Contaminated soil removed during the cleanup of an industrial
22or commercial site that is abandoned, idle, or underused and that the department
23has assigned an activity number for the database under s. 292.31 (1) (a) is not subject
24to the recycling fee imposed under sub. (1).
AB444,9 25Section 9. 289.645 (4) (h) of the statutes is created to read:
AB444,9,2
1289.645 (4) (h) 1. In this paragraph, "qualified materials recovery facility"
2means one of the following:
AB444,9,53 a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the
4facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and the facility is in
5compliance with its approved plan of operation.
AB444,9,116 b. A facility at which materials generated by construction, demolition, and
7remodeling of structures are processed for recycling if the facility is licensed under
8this chapter as a solid waste processing facility, the approved plan of operation for
9the facility requires the reporting of the volume or weight of materials processed,
10recycled, and discarded as residue, and the facility is in compliance with its approved
11plan of operation.
AB444,9,1312 2. The following amounts of solid waste materials are not subject to the
13recycling fee imposed under sub. (1):
AB444,9,1714 a. For a qualified materials recovery facility described in subd. 1. a., an amount
15equal to the weight of the residue generated by the qualified materials recovery
16facility or 10 percent of the total weight of material accepted by the qualified
17materials recovery facility, whichever is less.
AB444,9,2118 b. For a qualified materials recovery facility described in subd. 1. b., an amount
19equal to the weight of the residue generated by the qualified materials recovery
20facility or 30 percent of the total weight of material accepted by the qualified
21materials recovery facility, whichever is less.
AB444,10 22Section 10. 289.645 (8) of the statutes is created to read:
AB444,9,2523 289.645 (8) Repayment or waiver of overdue recycling fee. (a) 1. If a person
24required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous
25waste disposal facility fails, within 120 days after the date of disposal, to pay the

1recycling fee and to pay the charges imposed by the licensed solid waste or hazardous
2waste disposal facility, the owner or operator of the licensed solid waste or hazardous
3waste disposal facility may submit an affidavit to the department that includes all
4of the following:
AB444,10,55 a. Identifying information for the person that failed to pay the recycling fee.
AB444,10,66 b. A description of the efforts made to collect the recycling fee that is overdue.
AB444,10,97 c. A commitment that the owner or operator will not accept any solid waste or
8hazardous waste from the person that failed to pay the recycling fee until the overdue
9recycling fee is paid.
AB444,10,1510 2. When the department receives an affidavit that complies with subd. 1., the
11department shall refund to the owner or operator any amount of the overdue
12recycling fee paid by the owner or operator and shall grant a waiver to the owner or
13operator from the requirement to pay any additional amount of the overdue recycling
14fee. If the person later pays the overdue recycling fee to the owner or operator, the
15owner or operator shall pay the full amount received to the department.
AB444,10,2116 (b) 1. If a person required under sub. (1) to pay the recycling fee to an
17intermediate hauler fails, within 120 days after the date of disposal, to pay the
18recycling fee and to pay the charges imposed by the intermediate hauler, the hauler
19may submit an affidavit to the owner or operator of the licensed solid waste or
20hazardous waste disposal facility at which the solid or hazardous waste is disposed
21of that includes all of the following:
AB444,10,2222 a. Identifying information for the person that failed to pay the recycling fee.
AB444,10,2323 b. A description of the efforts made to collect the recycling fee that is overdue.
AB444,11,3
1c. A commitment that the hauler will not accept any solid waste or hazardous
2waste from the person that failed to pay the recycling fee until the overdue recycling
3fee is paid.
AB444,11,64 2. When the owner or operator of a licensed solid waste or hazardous waste
5disposal facility receives an affidavit under subd. 1., the owner or operator shall
6submit the affidavit to the department.
AB444,11,137 3. When the department receives an affidavit that complies with subd. 1., the
8department shall refund to the owner or operator any amount of the overdue
9recycling fee paid by the hauler and shall grant a waiver to the hauler from the
10requirement to pay any additional amount of the overdue recycling fee and the owner
11or operator shall pay any refund to the hauler. If the person later pays the overdue
12recycling fee to the hauler, the hauler shall pay the full amount received to the owner
13or operator and the owner or operator shall forward the payment to the department.
AB444,11 14Section 11. 289.67 (1) (a) of the statutes is amended to read:
AB444,11,2515 289.67 (1) (a) Imposition of fee. Except as provided under pars. (f) and to (fm),
16a generator of solid or hazardous waste shall pay an environmental repair fee for
17each ton or equivalent volume of solid or hazardous waste which is disposed of at a
18licensed solid or hazardous waste disposal facility. If a person arranges for collection
19or disposal services on behalf of one or more generators, that person shall pay the
20environmental repair fee to the licensed solid or hazardous waste disposal facility or
21to any intermediate hauler used to transfer wastes from collection points to a
22licensed facility. An intermediate hauler who receives environmental repair fees
23under this paragraph shall pay the fees to the licensed solid or hazardous waste
24disposal facility. Tonnage or equivalent volume shall be calculated in the same
25manner as the calculation made for tonnage fees under s. 289.62 (1).
AB444,12
1Section 12. 289.67 (1) (fe) of the statutes is created to read:
AB444,12,62 289.67 (1) (fe) Exemption for environmental repair fee; certain contaminated
3soils.
Contaminated soil removed during the cleanup of an industrial or commercial
4site that is abandoned, idle, or underused and that the department has assigned an
5activity number for the database under s. 292.31 (1) (a) is not subject to the
6environmental repair fee imposed under par. (a).
AB444,13 7Section 13. 289.67 (1) (fj) of the statutes is created to read:
AB444,12,98 289.67 (1) (fj) Exemption from environmental repair fee; recycling residue. 1.
9In this paragraph, "qualified materials recovery facility" means one of the following:
AB444,12,1210 a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the
11facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and the facility is in
12compliance with its approved plan of operation.
AB444,12,1813 b. A facility at which materials generated by construction, demolition, and
14remodeling of structures are processed for recycling if the facility is licensed under
15this chapter as a solid waste processing facility, the approved plan of operation for
16the facility requires the reporting of the volume or weight of materials processed,
17recycled, and discarded as residue, and the facility is in compliance with its approved
18plan of operation.
AB444,12,2019 2. The following amounts of solid waste materials are not subject to the
20environmental repair fee imposed under par. (a):
AB444,12,2421 a. For a qualified materials recovery facility described in subd. 1. a., an amount
22equal to the weight of the residue generated by the qualified materials recovery
23facility or 10 percent of the total weight of material accepted by the qualified
24materials recovery facility, whichever is less.
AB444,13,4
1b. For a qualified materials recovery facility described in subd. 1. b., an amount
2equal to the weight of the residue generated by the qualified materials recovery
3facility or 30 percent of the total weight of material accepted by the qualified
4materials recovery facility, whichever is less.
AB444,14 5Section 14. 289.67 (1) (j) of the statutes is created to read:
AB444,13,176 289.67 (1) (j) Repayment or waiver of overdue environmental repair fee. 1. a.
7If a person required under par. (a) to pay the environmental repair fee to a licensed
8solid waste or hazardous waste disposal facility fails, within 120 days after the date
9of disposal, to pay the environmental repair fee and to pay the charges imposed by
10the licensed solid waste or hazardous waste disposal facility, the owner or operator
11of the licensed solid waste or hazardous waste disposal facility may submit an
12affidavit to the department that includes identifying information for the person that
13failed to pay the environmental repair fee; a description of the efforts made to collect
14the environmental repair fee that is overdue; and a commitment that the owner or
15operator will not accept any solid waste or hazardous waste from the person that
16failed to pay the environmental repair fee until the overdue environmental repair fee
17is paid.
AB444,13,2418 b. When the department receives an affidavit that complies with subd. 1. a., the
19department shall refund to the owner or operator any amount of the overdue
20environmental repair fee paid by the owner or operator and shall grant a waiver to
21the owner or operator from the requirement to pay any additional amount of the
22overdue environmental repair fee. If the person later pays the overdue
23environmental repair fee to the owner or operator, the owner or operator shall pay
24the full amount received to the department.
AB444,14,10
12. a. If a person required under par. (a) to pay the environmental repair fee to
2an intermediate hauler fails, within 120 days after the date of disposal, to pay the
3environmental repair fee and to pay the charges imposed by the intermediate hauler,
4the hauler may submit an affidavit to the owner or operator of the licensed solid
5waste or hazardous waste disposal facility at which the solid or hazardous waste is
6disposed of that includes identifying information for the person that failed to pay the
7environmental repair fee; a description of the efforts made to collect the
8environmental repair fee that is overdue; and a commitment that the hauler will not
9accept any solid waste or hazardous waste from the person that failed to pay the
10environmental repair fee until the overdue environmental repair fee is paid.
AB444,14,1311 b. When the owner or operator of a licensed solid waste or hazardous waste
12disposal facility receives an affidavit under subd. 2. a., the owner or operator shall
13submit the affidavit to the department.
AB444,14,2114 c. When the department receives an affidavit that complies with subd. 2. a., the
15department shall refund to the owner or operator any amount of the overdue
16environmental repair fee paid by the hauler and shall grant a waiver to the hauler
17from the requirement to pay any additional amount of the overdue environmental
18repair fee and the owner or operator shall pay any refund to the hauler. If the person
19later pays the overdue environmental repair fee to the hauler, the hauler shall pay
20the full amount received to the owner or operator and the owner or operator shall
21forward the payment to the department.
AB444,14,2222 (End)
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