LRB-2333/1
RCT:wlj:rs
2013 - 2014 LEGISLATURE
November 5, 2013 - Introduced by Representative Loudenbeck, cosponsored by
Senator Kedzie. Referred to Committee on Environment and Forestry.
AB494,1,3 1An Act to amend 289.63 (1), 289.64 (1), 289.645 (1) and 289.67 (1) (a); and to
2create
289.675 of the statutes; relating to: the waiver of fees imposed on waste
3disposed of at a solid or hazardous waste disposal facility.
Analysis by the Legislative Reference Bureau
Current law imposes several fees, often called tipping fees, that are based on
the weight of solid or hazardous waste disposed of at a landfill or other waste disposal
facility. This bill authorizes the Department of Natural Resources (DNR) to waive
these tipping fees to provide an incentive for participation in waste removal activities
at DNR's request.
For further information see the state 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:
AB494,1 4Section 1. 289.63 (1) of the statutes is amended to read:
AB494,2,105 289.63 (1) Imposition of groundwater and well compensation fees on
6generators.
Except as provided under sub. (6) and s. 289.675 (1), a generator of solid
7or hazardous waste shall pay separate groundwater and well compensation fees for

1each ton or equivalent volume of solid or hazardous waste which is disposed of at a
2licensed solid or hazardous waste disposal facility. If a person arranges for collection
3or disposal services on behalf of one or more generators, that person shall pay the
4groundwater and well compensation fees to the licensed solid or hazardous waste
5disposal facility or to any intermediate hauler used to transfer wastes from collection
6points to a licensed facility. An intermediate hauler who receives groundwater and
7well compensation fees under this subsection shall pay the fees to the licensed solid
8or hazardous waste disposal facility. Tonnage or equivalent volume shall be
9calculated in the same manner as the calculation made for tonnage fees under s.
10289.62 (1).
AB494,2 11Section 2. 289.64 (1) of the statutes is amended to read:
AB494,2,2412 289.64 (1) Imposition of solid waste facility siting board fee on generators.
13Except as provided under sub. (4) and s. 289.675 (1), a generator of solid waste or
14hazardous waste shall pay a solid waste facility siting board fee for each ton or
15equivalent volume of solid waste or hazardous waste that is disposed of at a licensed
16solid waste or hazardous waste disposal facility. If a person arranges for collection
17or disposal services on behalf of one or more generators, that person shall pay the
18solid waste facility siting board fee to the licensed solid waste or hazardous waste
19disposal facility or to any intermediate hauler used to transfer wastes from collection
20points to a licensed facility. An intermediate hauler who receives the solid waste
21facility siting board fee under this subsection shall pay the fee to the licensed solid
22waste or hazardous waste disposal facility. Tonnage or equivalent volume shall be
23calculated in the same manner as the calculation made for tonnage fees under s.
24289.62 (1).
AB494,3 25Section 3. 289.645 (1) of the statutes is amended to read:
AB494,3,12
1289.645 (1) Imposition of recycling fee on generators. Except as provided
2under sub. (4) and 289.675 (1), a generator of solid waste or hazardous waste shall
3pay a recycling fee for each ton or equivalent volume of solid waste or hazardous
4waste that is disposed of at a licensed solid waste or hazardous waste disposal
5facility. If a person arranges for collection or disposal services on behalf of one or
6more generators, that person shall pay the recycling fee to the licensed solid waste
7or hazardous waste disposal facility or to any intermediate hauler used to transfer
8wastes from collection points to a licensed facility. An intermediate hauler who
9receives the recycling fee under this subsection shall pay the fee to the licensed solid
10waste or hazardous waste disposal facility. Tonnage or equivalent volume shall be
11calculated in the same manner as the calculation made for tonnage fees under s.
12289.62 (1).
AB494,4 13Section 4. 289.67 (1) (a) of the statutes is amended to read:
AB494,3,2514 289.67 (1) (a) Imposition of fee. Except as provided under pars. (f) and (fm) and
15s. 289.675 (1)
, a generator of solid or hazardous waste shall pay an environmental
16repair fee for each ton or equivalent volume of solid or hazardous waste which is
17disposed of at a licensed solid or hazardous waste disposal facility. If a person
18arranges for collection or disposal services on behalf of one or more generators, that
19person shall pay the environmental repair fee to the licensed solid or hazardous
20waste disposal facility or to any intermediate hauler used to transfer wastes from
21collection points to a licensed facility. An intermediate hauler who receives
22environmental repair fees under this paragraph shall pay the fees to the licensed
23solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be
24calculated in the same manner as the calculation made for tonnage fees under s.
25289.62 (1).
AB494,5
1Section 5. 289.675 of the statutes is created to read:
AB494,4,8 2289.675 Waiver of fees. (1) Except as provided in sub. (2), if the department
3requests a person to participate in waste removal activities to mitigate potential
4environmental impacts and related liability and the department determines that
5granting a waiver from the fees under ss. 289.63, 289.64, 289.645, and 289.67 will
6provide an incentive for the person to participate in those activities, the department
7may grant the person a waiver from those fees for solid waste or hazardous waste
8that is disposed of as a result of the activities.
AB494,4,10 9(2) The department may not grant a waiver under sub. (1) to any of the
10following:
AB494,4,1211 (a) A person who knowingly committed a violation of law that caused or
12contributed to the need for the waste removal activities.
AB494,4,1413 (b) A person who committed an act that the person knew or should have known
14would cause or contribute to the need for the waste removal activities.
AB494,4,21 15(3) The department shall issue a document to a person to whom the department
16grants a waiver under sub. (1) stating that solid or hazardous waste generated as a
17result of the waste removal activities for which the waiver is granted is exempt from
18the fees under ss. 289.63, 289.64, 289.645, and 289.67. The person shall provide a
19copy of the document to the operator of the licensed solid or hazardous waste disposal
20facility at which the solid or hazardous waste is disposed of or to any intermediate
21hauler used to transport the solid or hazardous waste to a licensed facility.
AB494,4,2222 (End)
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