289.645(7)(c)
(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 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:
289.645(7)(c)1.
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 solid waste or hazardous waste disposal facility or to a subsequent intermediate hauler.
289.645(7)(c)2.
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).
289.645(7)(d)
(d) If the department does not receive an affidavit under
par. (b) or
(c) within 30 days after the date 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.
289.645(7)(e)
(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 solid waste or hazardous waste facility the amount of the unpaid fee, the department shall immediately reinstate the suspended license.
289.67
289.67
Environmental repair fee and surcharge. 289.67(1)(1)
Environmental repair fee for generators. 289.67(1)(a)(a)
Imposition of fee. Except as provided under
par. (f), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under
s. 289.62 (1).
289.67(1)(b)
(b)
Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the environmental repair 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 fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility during the preceding reporting period.
289.67(1)(cm)
(cm)
Amount of environmental repair fee. Except as provided under
pars. (cv) and
(d), the environmental repair fee imposed under
par. (a) is 20 cents per ton.
289.67(1)(cp)
(cp)
Amount of environmental repair fee. Notwithstanding
par. (cm) and except as provided under
pars. (cv) and
(d), the environmental repair fee imposed under
par. (a) is $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before July 1, 2009, and $5.70 per ton disposed of on or after July 1, 2009.
289.67(1)(cv)
(cv)
Environmental repair fee for certain sediments. The environmental repair fee imposed under
par. (a) is $4.05 per ton for solid or hazardous waste disposed of on or after July 1, 2009, that consists of sediments that are contaminated with PCBs, as defined in
s. 299.45 (1) (a), and that are removed from the bed of a navigable water of this state in connection with a phase of a project to remedy contamination of the bed of the navigable water if the quantity of the sediments removed, either in the phase or in combination with other planned phases of the project, will exceed 200,000 cubic yards and if removal of sediments under the project began before July 1, 2009.
289.67(1)(d)
(d)
Amount of environmental repair fee; prospecting or mining waste. The environmental repair fee imposed under
par. (a) is one cent per ton for prospecting or mining waste, including tailing solids, sludge or waste rock.
289.67(1)(e)
(e)
In addition to other fees. The environmental repair fee collected and paid under
par. (b) is in addition to the base fee imposed under
sub. (2), the surcharge imposed under
sub. (3), the tonnage fee imposed under
s. 289.62 (1) and the groundwater and well compensation fees imposed under
s. 289.63.
289.67(1)(f)
(f)
Exemption from environmental repair fee; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the environmental repair fee imposed under
par. (a), except that foundry sands or shredder fluff approved for use under
s. 289.30 (5) or
289.31 (9) are subject to the environmental repair fee.
289.67(1)(g)
(g)
Reporting period. The reporting period under this subsection is the same as the reporting period under
s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility shall pay environmental repair fees required to be collected under
par. (b) at the same time as any tonnage fees under
s. 289.62 (1).
289.67(1)(h)
(h)
Use of environmental repair fee. The fees collected under
par. (b) shall be credited to the environmental fund.
289.67(1)(i)1.1. If a person required under
par. (a) to pay an environmental repair fee to a licensed solid or hazardous waste disposal facility fails to pay the fee, the owner or operator of the licensed solid or hazardous waste disposal facility shall submit to the department with the payment required under
par. (b) an affidavit stating facts sufficient to show the person's failure to comply with
par. (a).
289.67(1)(i)2.
2. If the person named in the affidavit under
subd. 1. 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 or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date 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
par. (a).
289.67(1)(i)3.
3. If the person named in the affidavit under
subd. 1. is an intermediate hauler that holds a license for the collection and transportation of solid or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date 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:
289.67(1)(i)3.a.
a. The person named in the affidavit under
subd. 1. 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 solid or hazardous waste disposal facility or to a subsequent intermediate hauler.
289.67(1)(i)3.b.
b. 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 fees to the person named in the affidavit under
subd. 1.
289.67(1)(i)4.
4. If the department does not receive an affidavit under
subd. 2. or
3. within 30 days after the date the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid or hazardous waste. Notwithstanding
s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.
289.67(1)(i)5.
5. When a person whose license is suspended under
subd. 4. provides the department with proof that the person has paid the owner or operator of the licensed solid or hazardous waste facility the amount of the unpaid fee, the department shall immediately reinstate the suspended license.
289.67(2)
(2) Environmental repair fee for generators of hazardous waste. 289.67(2)(a)(a) A generator of hazardous waste who is required to report annually on hazardous waste activities according to rules promulgated under
s. 291.05 (6) (b) shall pay an annual environmental repair fee.
289.67(2)(b)
(b) The annual environmental repair fee under
par. (a) shall be assessed as follows:
289.67(2)(b)1.
1. A generator of hazardous waste shall pay a base fee of $470, if the generator is a large quantity generator, or $350, if the generator is a small quantity generator if the generator has generated more than zero pounds in that particular year, plus $20 per ton of hazardous waste generated during the reporting year.
289.67(2)(b)2.
2. No generator is required to pay a fee that is greater than $17,500.
289.67(2)(c)
(c) No tonnage fees may be assessed under
par. (a) for the following hazardous wastes:
289.67(2)(c)1.
1. Hazardous wastes which are recovered for recycling or reuse including hazardous wastes incinerated for the purpose of energy recovery.
289.67(2)(c)2.
2. Leachate which contains hazardous waste which is being transported to a wastewater treatment plant or is discharged directly to a sewer pipe.
289.67(2)(c)3.
3. Hazardous wastes which are removed from a site or facility to repair environmental pollution. In this subdivision, "site or facility" has the meaning given in
s. 292.01 (18).
289.67(2)(c)4.
4. Household hazardous wastes that are collected by a municipality under a program for the collection and disposal of household hazardous wastes.
289.67(2)(c)5.
5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in
s. 94.67 (25).
289.67(2)(d)
(d) The department shall assess fees under
par. (a) on the basis of the generator's report that is submitted according to the rules promulgated under
s. 291.05 (6) (b).
289.67(2)(de)
(de) The department shall promulgate a rule that defines "large quantity generator" and "small quantity generator" for the purposes of this subsection.
289.67(2)(dm)
(dm) The department may promulgate a rule setting a late fee to be assessed against a generator of hazardous waste who fails to pay the annual environmental repair fee under
par. (a) when it is due. If the department promulgates a rule under this paragraph, it shall set the fee at a level designed to offset the increased costs of collecting annual fees that are not paid when due.
289.67(2)(e)
(e) All moneys received under this subsection shall be credited to the environmental fund for environmental management.
289.67(3)(a)(a)
Imposition of environmental repair base fee. The owner or operator of a nonapproved facility shall pay to the department an environmental repair base fee for each calendar year.
289.67(3)(b)1.1. The environmental repair base fee is $100 if the owner or operator of the nonapproved facility enters into an agreement with the department to close the facility on or before July 1, 1999. The $100 base fee first applies for the calendar year in which the owner or operator of a nonapproved facility enters into a closure agreement. If the owner or operator of a nonapproved facility fails to comply with the closure agreement, the department shall collect the additional base fees which would have been paid by the owner or operator under
subd. 2. in the absence of the closure agreement.
289.67(3)(b)2.
2. The environmental repair base fee is $1,000 if the owner or operator of a nonapproved facility has not entered into an agreement with the department to close the facility on or before July 1, 1999.
289.67(3)(c)
(c)
Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental management.
289.67(3)(d)
(d)
Reduction of base fee; monitoring. This paragraph applies to a nonapproved facility which is subject to the $1,000 base fee under
par. (b) 2. and which is required by the department to conduct monitoring under
s. 289.31 (7). The base fee under
par. (b) 2. shall be reduced by the cost of monitoring for the calendar year to which the base fee applies, or $900, whichever is less.
289.67(4)
(4) Environmental repair surcharge. 289.67(4)(a)(a)
Imposition of environmental repair surcharge. If the owner or operator of a nonapproved facility is required to pay a tonnage fee under
s. 289.62 (1), the owner or operator shall pay to the department an environmental repair surcharge for each calendar year.
289.67(4)(b)1.1. With respect to solid or hazardous waste disposed of at a nonapproved facility for which the owner or operator enters into an agreement with the department to close the facility on or before July 1, 1999, the owner or operator shall pay to the department an environmental repair surcharge equal to 25% of the tonnage fees imposed under
s. 289.62 (1). The 25% surcharge first applies for the calendar year in which the owner or operator enters into a closure agreement. If the owner or operator fails to comply with the closure agreement, the department shall collect the additional tonnage fees which would have been paid by the owner or operator under
subd. 2. in the absence of the closure agreement.
289.67(4)(b)2.
2. With respect to solid or hazardous waste disposed of at a nonapproved facility for which the owner or operator has not entered into an agreement with the department to close the facility on or before July 1, 1999, the owner or operator shall pay to the department an environmental repair surcharge equal to 50% of the tonnage fees imposed under
s. 289.62 (1).
289.67(4)(c)
(c)
Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental management.
289.68
289.68
Payments from the waste management fund and related payments. 289.68(2)
(2) Payments from the investment and local impact fund. The department may expend moneys received from the investment and local impact fund only for the purposes specified under
sub. (3), only for approved mining facilities and only if moneys in the waste management fund are insufficient to make complete payments. The amount expended by the department under this subsection may not exceed the balance in the waste management fund at the beginning of that fiscal year or 50% of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.
289.68(3)
(3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under
s. 20.370 (2) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under
s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under
s. 289.41 (1m) (b) or
(f) as authorized under
s. 289.41 (11) (b) 2.
289.68(4)
(4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under
s. 20.370 (2) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under
s. 289.41 (11) (b) 1.
289.68(5)
(5) Prevention of imminent hazard. The department may utilize moneys appropriated under
s. 20.370 (2) (dq) for the payment of costs associated with imminent hazards as authorized under
s. 289.41 (11) (c) and
(cm).
289.68(6)
(6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under
s. 20.370 (2) (dy) and
(dz) for the payment of costs of corrective action under
s. 289.41 (11) (bm).
289.68(7)
(7) Report on waste management fund. With its biennial budget request to the department of administration under
s. 16.42, the natural resources board shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.
289.68 History
History: 1995 a. 227 s.
590,
591.
ENFORCEMENT; PENALTIES
289.91
289.91
Inspections. Any officer, employee or authorized representative of the department may enter and inspect any property, premises or place on or at which a solid waste facility is located or is being constructed or installed, or inspect any record relating to solid waste management of any person who generates, transports, treats, stores or disposes of solid waste, at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules promulgated or licenses issued under this chapter. No person may refuse entry or access to any officer, employee or authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
289.91 History
History: 1979 c. 34;
1981 c. 374 s.
148;
1987 a. 384;
1993 a. 491;
1995 a. 227 s.
529; Stats. 1995 s. 289.91.
289.92
289.92
Review of alleged violations. Any 6 or more citizens or any municipality may petition for a review of an alleged violation of this chapter or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under this chapter in the following manner:
289.92(1)
(1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.
289.92(2)
(2) Upon receipt of a petition under this section, the department may:
289.92(2)(a)
(a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under
ch. 227. Within 60 days after the close of the hearing, the department shall either:
289.92(2)(a)1.
1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under
ch. 227; or
289.92(3)
(3) If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.
289.92 History
History: 1981 c. 374;
1995 a. 227 s.
640; Stats. 1995 s. 289.92.
289.93
289.93
Orders. The department may issue orders to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.
289.93 History
History: 1995 a. 227 s.
524.
289.94
289.94
Imminent danger. 289.94(1)(1)
Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:
289.94(1)(a)
(a) Provide immediate notice of the danger to each affected municipality.
289.94(1)(b)
(b) Promptly post notice of the danger at the site at which the danger exists, or order a person responsible for the danger to post such notice.
289.94(2)
(2) Other actions. In addition to the actions under
sub. (1), the department may do one or more of the following:
289.94(2)(a)
(a) Issue any special order necessary to protect public health or the environment.
289.94(2)(b)
(b) Take any other action necessary to protect public health or the environment.
289.94(2)(c)
(c) Request the department of justice to commence legal proceedings to restrain or enjoin any person from handling, storage, treatment, transportation or disposal which presents or may present an imminent and substantial danger to health or the environment or take any other action as may be necessary to protect public health and the environment.
289.94 History
History: 1995 a. 227 s.
991.
289.95
289.95
Enforcement procedures for older facilities.
