144.442 (9) (b) 3. This subsection does not apply to the release or discharge of high-volume industrial waste used in a highway improvement project under s. 84.078.

144.449 (1) (am) “Recovery activity" means a project designed to reduce the number or volume of waste tires, to recycle waste tires or to recover waste tires.

144.449 (1) (c) “Waste tire" has the meaning given under s. 84.078 (1) (b) means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

144.449 (3) (f) A site where a recovery activity , as defined in s. 159.17 (1) (a), is carried on if no more than a 6-month inventory of tires is kept on the site.

27,4321 Section 4321 . 144.737 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.737 (1) and amended to read:

144.737 (1) In this section: (b) “Capacity, “capacity assurance plan" means the plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.

144.737 (2) (b) Notify the governor and the board of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.

144.737 (2) (c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

144.737 (2) (e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

144.76 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of development.

144.76 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (dv), (fq) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

144.76 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 (2) (dv), (fq) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

144.76 (9) (f) Any person discharging high-volume industrial waste used in a highway improvement project under s. 84.078 is exempted from the penalty requirements of this section.