289.67(1)(fm)2.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the environmental repair fee imposed under para. (a) if all of the following apply:

289.67(1)(fm)2.d.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

289.67(1)(g)

(g) Reporting period. The reporting period under this subsection is the same as the reporting period under § 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 para. (b) at the same time as any tonnage fees under § 289.62 (1).

289.67(1)(h)

(h) Use of environmental repair fee. The fees collected under para. (b) shall be credited to the environmental fund.

289.67(1)(i)1.

1. If a person required under para. (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 para. (b) an affidavit stating facts sufficient to show the person’s failure to comply with para. (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 para. (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 § 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)(a)

(a) A generator of hazardous waste who is required to report annually on hazardous waste activities according to rules promulgated under § 291.05 (6)(b) shall pay an annual environmental repair fee.

289.67(2)(b)

(b) The annual environmental repair fee under para. (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)(c)

(c) No tonnage fees may be assessed under para. (a) for the following hazardous wastes:

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 § 292.01 (18).

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 § 94.67 (25).

289.67(2)(d)

(d) The department shall assess fees under para. (a) on the basis of the generator’s report that is submitted according to the rules promulgated under § 291.05 (6)(b).

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 para. (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(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)(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 § 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)(a)

(a) Imposition of environmental repair surcharge. If the owner or operator of a nonapproved facility is required to pay a tonnage fee under § 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 § 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 § 289.62 (1).

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)(e)

(e) All moneys received under this subsection shall be credited to the environmental fund for environmental management.

289.67(3)

(3) Environmental repair base fee.

289.67(1)(i)

(i) Failure to pay environmental repair fee.

289.67(2)

(2) Environmental repair fee for generators of hazardous waste.

289.67(2)(b)2.

2. No generator is required to pay a fee that is greater than $17,500.

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)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(1)(fm)2.a.

a. The natural disaster resulted in a federal or state disaster declaration.

289.67(1)(fm)2.b.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

289.67(1)(fm)2.c.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

289.67(3)(b)

(b) Amount of environmental repair base fee.

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(4)

(4) Environmental repair surcharge.

289.67(4)(b)

(b) Amount of environmental repair surcharge.

289.67(1)(fm)1.

1. In this paragraph, “natural disaster” means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

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 pars. (f) and (fm), 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 § 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 para. (a) is 20 cents per ton.

289.67(1)(fm)

(fm) Exemption from environmental repair fee; certain materials resulting from natural disasters.

289.67(1)(cp)

(cp) Amount of environmental repair fee. Notwithstanding para. (cm) and except as provided under pars. (cv) and (d), the environmental repair fee imposed under para. (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 para. (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 § 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 para. (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 para. (b) is in addition to the base fee imposed under sub. (2), the surcharge imposed under sub. (3), the tonnage fee imposed under § 289.62 (1) and the groundwater and well compensation fees imposed under § 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 para. (a), except that foundry sands or shredder fluff approved for use under § 289.30 (5) or 289.31 (9) are subject to the environmental repair fee.

289.67(4)(c)

(c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental management.