289.645 Recycling fee. (1) IMPOSITION OF RECYCLING FEE ON GENERATORS. Except as provided under sub. (4) and s. 289.675 (1), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste 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 recycling fee to the licensed solid waste 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 the recycling fee under this subsection shall pay the fee to the licensed solid waste 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). (2) COLLECTION. The owner or operator of a licensed solid waste or hazardous waste disposal facility shall collect the recycling 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 fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility during the preceding reporting period, except as provided under sub. (8). (3) AMOUNT OF RECYCLING FEE. The fee imposed under this section is $7 per ton for all solid waste other than high-volume industrial waste. (4) EXEMPTIONS FROM RECYCLING FEE. (a) 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 recycling fee imposed under sub. (1), except that materials approved for use under s. 289.30 (5) or 289.31 (9) are subject to the fee. (b) Except as provided in par. (c), the recycling fee does not apply to waste generated by an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue
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Code, that derives a portion of its income from the operation of recycling and reuse programs and that does one of the following: 1. Provides services and programs for people with disabilities. 2. Primarily serves low-income persons. (c) Waste generated by an organization described in par. (b) that is commingled with waste generated by a person other than an organization described in par. (b) is subject to the fee. (d) The recycling fee does not apply to 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. (e) The recycling fee does not apply to waste material that is removed from recycled materials intended for use as recycled fiber by a person that makes paper, pulp, or paperboard from wastepaper, if the waste material cannot be used to make paper, pulp, or paperboard. (f) 1. In this paragraph, “natural disaster” means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm. 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the recycling fee imposed under sub. (1) if all of the following apply: a. The natural disaster resulted in a federal or state disaster declaration. b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration. c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster. 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. (h) 1. In this paragraph, “qualified facility” means one of the following: a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and, if the facility has an approved plan of operation, the facility is in compliance with its approved plan of operation. b. A facility at which materials generated by construction, demolition, and remodeling of structures are processed for recycling if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation. c. A facility that is in operation on July 10, 2021, at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation. 2. Subject to subd. 3., the following amounts of solid waste materials are not subject to the recycling fee imposed under sub. (1): a. For a qualified facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified facil-
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ity or 10 percent of the total weight of material accepted by the qualified facility, whichever is less. b. For a qualified facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified facility or 30 percent of the total weight of material accepted by the qualified facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c. 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator’s facility satisfies the criteria in subd. 1. a., b., or c. and to report the weight of the residue for which the operator does not pay the recycling fee and any other information needed to determine eligibility for the exemption. b. The department may require the owner or operator of a licensed solid or hazardous waste disposal facility to report the weight of any residue received by the solid or hazardous waste disposal facility for which the recycling fee is not paid and to identify the facilities that generate that residue. c. If the operator of a facility claims the exemption under this paragraph for a greater weight of residue than is authorized under subd. 2., the operator is ineligible for the exemption for any additional residue until it pays the balance of the recycling fee that it owes. (i) Soils and dredged sediments are not subject to the recycling fee imposed under sub. (1). (5) PAYMENT. The owner or operator of any licensed solid or hazardous waste disposal facility shall pay the recycling fee required to be collected under sub. (2) as follows: (a) For waste disposed of from January 1 to March 31, no later than May 1. (b) For waste disposed of from April 1 to June 30, no later than August 1. (c) For waste disposed of from July 1 to September 30, no later than November 1. (d) For waste disposed of from October 1 to December 31, no later than February 1. (6) USE OF RECYCLING FEES. The fees collected under sub. (2) shall be deposited in the environmental fund. (7) FAILURE TO PAY RECYCLING FEE. (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person’s failure to comply with sub. (1). (b) If the person named in the affidavit under par. (a) 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 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 it has paid the fee as required under sub. (1). (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: 1. The person named in the affidavit under par. (a) received the required fee from a generator, from a person who arranges for
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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. 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). (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. (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. (8) REPAYMENT OR WAIVER OF OVERDUE RECYCLING FEE. (a) 1. If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility fails, within 120 days after the date of disposal, to pay the recycling fee and to pay the charges imposed by the licensed solid waste or hazardous waste disposal facility, the owner or operator of the licensed solid waste or hazardous waste disposal facility may submit an affidavit to the department that includes all of the following: a. Identifying information for the person that failed to pay the recycling fee. b. A description of the efforts made to collect the recycling fee that is overdue. c. A commitment that the owner or operator will not accept any solid waste or hazardous waste from the person that failed to pay the recycling fee until the overdue recycling fee is paid. 2. When the department receives an affidavit that complies with subd. 1., the department shall refund to the owner or operator any amount of the overdue recycling fee paid by the owner or operator and shall grant a waiver to the owner or operator from the requirement to pay any additional amount of the overdue recycling fee. If the person later pays the overdue recycling fee to the owner or operator, the owner or operator shall pay the full amount received to the department. (b) 1. If a person required under sub. (1) to pay the recycling fee to an intermediate hauler fails, within 120 days after the date of disposal, to pay the recycling fee and to pay the charges imposed by the intermediate hauler, the hauler may submit an affidavit to the owner or operator of the licensed solid waste or hazardous waste disposal facility at which the solid or hazardous waste is disposed of that includes all of the following: a. Identifying information for the person that failed to pay the recycling fee. b. A description of the efforts made to collect the recycling fee that is overdue. c. A commitment that the hauler will not accept any solid waste or hazardous waste from the person that failed to pay the recycling fee until the overdue recycling fee is paid. 2. When the owner or operator of a licensed solid waste or hazardous waste disposal facility receives an affidavit under subd. 1., the owner or operator shall submit the affidavit to the department. 3. When the department receives an affidavit that complies with subd. 1., the department shall refund to the owner or operator any amount of the overdue recycling fee paid by the hauler and
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shall grant a waiver to the hauler from the requirement to pay any additional amount of the overdue recycling fee and the owner or operator shall pay any refund to the hauler. If the person later pays the overdue recycling fee to the hauler, the hauler shall pay the full amount received to the owner or operator and the owner or operator shall forward the payment to the department. History: 1999 a. 9, 185; 2001 a. 16; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2011 a. 32; 2013 a. 301, 333; 2015 a. 195 s. 83; 2021 a. 58, 93.
289.67 Environmental repair fee and surcharge. (1) ENVIRONMENTAL REPAIR FEE FOR GENERATORS. (a) Imposition of fee. Except as provided under pars. (f) to (fm) and s. 289.675 (1), 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). (b) Collection. 1. Except as provided in subd. 2., 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. 2. If the owner or operator of a municipal solid waste facility receives a loan under the clean water fund program under s. 281.58 for waste water treatment infrastructure, the owner or operator of the municipal solid waste facility may retain, of the amounts collected under subd. 1., an amount equal to the total principal and interest owed on the loan while the loan is in repayment. (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. (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. (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. (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. (e) In addition to other fees. The environmental repair fee collected and paid under par. (b) is in addition to the base fee im-
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posed 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. (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. (fj) Exemption from environmental repair fee; recycling residue. 1. In this paragraph, “qualified facility” means one of the following: a. A materials recovery facility, as defined in s. 287.27 (1), if the operator of the facility is self-certified under s. NR 544.16 (2), Wis. Adm. Code, and, if the facility has an approved plan of operation, the facility is in compliance with its approved plan of operation. b. A facility at which materials generated by construction, demolition, and remodeling of structures are processed for recycling if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation. c. A facility that is in operation on July 10, 2021, at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation. 2. Subject to subd. 3., the following amounts of solid waste materials are not subject to the environmental repair fee imposed under par. (a): a. For a qualified facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified facility or 10 percent of the total weight of material accepted by the qualified facility, whichever is less. b. For a qualified facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified facility or 30 percent of the total weight of material accepted by the qualified facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c. 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator’s facility satisfies the criteria in subd. 1. a., b., or c. and to report the weight of the residue for which the operator does not pay the environmental repair fee and any other information needed to determine eligibility for the exemption. b. The department may require the owner or operator of a licensed solid or hazardous waste disposal facility to report the weight of any residue received by the solid or hazardous waste disposal facility for which the environmental repair fee is not paid and to identify the facilities that generate that residue. c. If the operator of a facility claims the exemption under this paragraph for a greater weight of residue than is authorized under subd. 2., the operator is ineligible for the exemption for any additional residue until it pays the balance of the environmental repair fee that it owes. (fm) Exemption from environmental repair fee; certain materials resulting from natural disasters. 1. In this paragraph, “nat-
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ural disaster” means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm. 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the environmental repair fee imposed under par. (a) if all of the following apply: a. The natural disaster resulted in a federal or state disaster declaration. b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration. c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster. 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. (fp) Exemption from environmental repair fee; soils and dredged sediments. Soils and dredged sediments are not subject to the environmental repair fee imposed under par. (a). (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). (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund. (i) Failure to pay environmental repair fee. 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). 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). 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: 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. 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. 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. Not-
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withstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension. 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. (j) Repayment or waiver of overdue environmental repair fee. 1. a. If a person required under par. (a) to pay the environmental repair fee to a licensed solid waste or hazardous waste disposal facility fails, within 120 days after the date of disposal, to pay the environmental repair fee and to pay the charges imposed by the licensed solid waste or hazardous waste disposal facility, the owner or operator of the licensed solid waste or hazardous waste disposal facility may submit an affidavit to the department that includes identifying information for the person that failed to pay the environmental repair fee; a description of the efforts made to collect the environmental repair fee that is overdue; and a commitment that the owner or operator will not accept any solid waste or hazardous waste from the person that failed to pay the environmental repair fee until the overdue environmental repair fee is paid. b. When the department receives an affidavit that complies with subd. 1. a., the department shall refund to the owner or operator any amount of the overdue environmental repair fee paid by the owner or operator and shall grant a waiver to the owner or operator from the requirement to pay any additional amount of the overdue environmental repair fee. If the person later pays the overdue environmental repair fee to the owner or operator, the owner or operator shall pay the full amount received to the department. 2. a. If a person required under par. (a) to pay the environmental repair fee to an intermediate hauler fails, within 120 days after the date of disposal, to pay the environmental repair fee and to pay the charges imposed by the intermediate hauler, the hauler may submit an affidavit to the owner or operator of the licensed solid waste or hazardous waste disposal facility at which the solid or hazardous waste is disposed of that includes identifying information for the person that failed to pay the environmental repair fee; a description of the efforts made to collect the environmental repair fee that is overdue; and a commitment that the hauler will not accept any solid waste or hazardous waste from the person that failed to pay the environmental repair fee until the overdue environmental repair fee is paid. b. When the owner or operator of a licensed solid waste or hazardous waste disposal facility receives an affidavit under subd. 2. a., the owner or operator shall submit the affidavit to the department. c. When the department receives an affidavit that complies with subd. 2. a., the department shall refund to the owner or operator any amount of the overdue environmental repair fee paid by the hauler and shall grant a waiver to the hauler from the requirement to pay any additional amount of the overdue environmental repair fee and the owner or operator shall pay any refund to the hauler. If the person later pays the overdue environmental repair fee to the hauler, the hauler shall pay the full amount received to the owner or operator and the owner or operator shall forward the payment to the department. (2) ENVIRONMENTAL REPAIR FEE FOR GENERATORS OF HAZARDOUS WASTE. (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. (b) The annual environmental repair fee under par. (a) shall be assessed as follows:
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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. 2. No generator is required to pay a fee that is greater than $17,500. (c) No tonnage fees may be assessed under par. (a) for the following hazardous wastes: 1. Hazardous wastes which are recovered for recycling or reuse including hazardous wastes incinerated for the purpose of energy recovery. 2. Leachate which contains hazardous waste which is being transported to a wastewater treatment plant or is discharged directly to a sewer pipe. 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). 4. Household hazardous wastes that are collected by a municipality under a program for the collection and disposal of household hazardous wastes. 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). (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). (de) The department shall promulgate a rule that defines “large quantity generator” and “small quantity generator” for the purposes of this subsection. (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. (e) All moneys received under this subsection shall be credited to the environmental fund for environmental management. (3) ENVIRONMENTAL REPAIR BASE FEE. (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. (b) Amount of environmental repair base fee. 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. 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. (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental management. (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)
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2. shall be reduced by the cost of monitoring for the calendar year to which the base fee applies, or $900, whichever is less. (4) ENVIRONMENTAL REPAIR SURCHARGE. (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. (b) Amount of environmental repair surcharge. 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 percent of the tonnage fees imposed under s. 289.62 (1). The 25 percent 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. 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 percent of the tonnage fees imposed under s. 289.62 (1). (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental management. History: 1995 a. 227 s. 601 to 604, 991; 1997 a. 27; 1999 a. 9; 2007 a. 20; 2009 a. 28; 2011 a. 32; 2013 a. 301, 333; 2015 a. 195; 2021 a. 58, 93; 2025 a. 169.
289.675 Waiver of fees. (1) Except as provided in sub. (2), if the department requests a person to participate in waste removal activities to mitigate potential environmental impacts and related liability and the department determines that granting a waiver from the fees under ss. 289.63, 289.64, 289.645, and 289.67 will provide an incentive for the person to participate in those activities, the department may grant the person a waiver from those fees for solid waste or hazardous waste that is disposed of as a result of the activities. (2) The department may not grant a waiver under sub. (1) to any of the following: (a) A person who knowingly committed a violation of law that caused or contributed to the need for the waste removal activities. (b) A person who committed an act that the person knew or should have known would cause or contribute to the need for the waste removal activities. (3) The department shall issue a document to a person to whom the department grants a waiver under sub. (1) stating that solid or hazardous waste generated as a result of the waste removal activities for which the waiver is granted is exempt from the fees under ss. 289.63, 289.64, 289.645, and 289.67. The person shall provide a copy of the document to the operator of the licensed solid or hazardous waste disposal facility at which the solid or hazardous waste is disposed of or to any intermediate hauler used to transport the solid or hazardous waste to a licensed facility. History: 2013 a. 333.
289.68 Payments from the waste management fund and related payments. (1) PAYMENTS FROM THE WASTE MANAGEMENT FUND. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w).
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289.68
The department may expend moneys appropriated under s. 20.370 (4) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (4) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 (4) (dy) and (dz) for the purposes specified under sub. (6). The department may expend moneys appropriated under s. 20.370 (4) (dr) for the purposes specified under sub. (4m). (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 percent of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater. (3) PAYMENTS FOR LONG-TERM CARE AFTER TERMINATION OF PROOF OF FINANCIAL RESPONSIBILITY. The department may spend moneys appropriated under s. 20.370 (4) (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. (4) PAYMENT OF CLOSURE AND LONG-TERM CARE COSTS; FORFEITED BONDS AND SIMILAR MONEYS. The department may utilize moneys appropriated under s. 20.370 (4) (dt) for the payment of costs associated with compliance with closure and longterm care requirements under s. 289.41 (11) (b) 1. (4m) PAYMENTS OF CLOSURE, LONG-TERM CARE, AND CORRECTIVE ACTION COSTS. (a) Payments. The department may expend moneys appropriated under s. 20.370 (4) (dr) to pay costs associated with closure, long-term care requirements, and corrective action for a facility that has established proof of financial responsibility under s. 289.41 (3m) or (4), if the owner or operator of the facility has failed to comply with closure, long-term care, or corrective action requirements specified in any rule, order, plan of operation, or other plan approval and if any of the following applies: 1. The owner or operator’s failure to comply is due to bankruptcy, insolvency, or other inability to pay the costs. 2. The department determines that the failure to comply presents an imminent or substantial danger to human health or the environment. (b) Transfer of funds; joint finance approval. The department may transfer money from the appropriation account under s. 20.370 (4) (dq) to the appropriation account under s. 20.370 (4) (dr) for the purposes specified under par. (a). The department shall notify the joint committee on finance of transfers that are intended to support payments for a facility under par. (a) that do not exceed $300,000. The department may not make any transfers that are intended to support payments for a facility under par. (a) that exceed $300,000 without approval from the joint committee on finance. (5) PREVENTION OF IMMINENT HAZARD. The department may utilize moneys appropriated under s. 20.370 (4) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm). (6) PAYMENT OF CORRECTIVE ACTION, FORFEITED BONDS AND RECOVERED MONEYS. The department may utilize moneys appropriated under s. 20.370 (4) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
May 22, 2026, are designated by NOTES. (Published 5-22-26)
289.68
Updated 23-24 Wis. Stats.
SOLID WASTE FACILITIES
(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. History: 1995 a. 227 s. 590, 591; 2017 a. 59; 2023 a. 107.
SUBCHAPTER VIII ENFORCEMENT; PENALTIES 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. 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 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: (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. (2) Upon receipt of a petition under this section, the department may: (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: 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 2. Dismiss the petition. (b) Initiate action under s. 289.97. (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. History: 1981 c. 374; 1995 a. 227 s. 640; Stats. 1995 s. 289.92.
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. History: 1995 a. 227 s. 524.
289.94 Imminent danger. (1) NOTICE REQUIRED. If the department receives evidence that the past or present handling,
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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: (a) Provide immediate notice of the danger to each affected municipality. (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. (2) OTHER ACTIONS. In addition to the actions under sub. (1), the department may do one or more of the following: (a) Issue any special order necessary to protect public health or the environment. (b) Take any other action necessary to protect public health or the environment. (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. History: 1995 a. 227 s. 991.
289.95 Enforcement procedures for older facilities. (1) Notwithstanding s. 289.97, for solid waste facilities licensed on or before January 1, 1977, that the department believes do not meet minimum standards promulgated under s. 289.05 (1) and (2), the department may do any of the following: (a) Initiate action under s. 289.94. (b) Refer the matter to the department of justice for enforcement under s. 299.95. (c) Issue an order relating to the solid waste facility or refuse to relicense the solid waste facility using the procedure under sub. (2). (2) (a) Before issuing an order relating to a solid waste facility or a decision refusing to relicense a solid waste facility under sub. (1) (c), the department shall notify the licensee of its intended action. The licensee, within 30 days after receipt of the notice, may request a hearing under par. (b). If the licensee requests a hearing under par. (b), it may not withdraw that request and proceed under par. (c). (b) If the licensee requests a hearing, the department may not issue the order or decision until a hearing, conducted as a class 2 proceeding under ch. 227, is held unless the licensee has withdrawn the hearing request. The hearing shall be held in the county where the facility is located. At the hearing the department must establish by a preponderance of all the available evidence that the facility does not adhere to the minimum standards promulgated under s. 289.05 (1) and (2). If the hearing examiner’s decision is in favor of the department, or if the licensee has withdrawn the hearing request, the department may issue the order or decision. The order or decision is subject to judicial review under ch. 227. (c) If the licensee does not request a hearing under par. (b), the department shall issue the order or decision. The licensee may challenge the order or decision by commencing an action in circuit court for the county in which the solid waste facility is located within 15 days after the issuance of the order or decision. The complaint shall allege that the facility adheres to the minimum standards promulgated under s. 289.05 (1) and (2). The licensee shall receive a new trial on all issues relating to the facility and relicensing of the facility. The trial shall be conducted by the court without a jury. History: 1995 a. 227 s. 581.
289.96 Penalties. (1) (a) No person may treat, store or dis-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
pose of high-volume industrial waste in violation of a testing requirement or condition of an exemption under s. 289.43 (7) (d). (b) No person may violate a testing requirement or condition of an exemption from regulation under s. 289.43 (8) (c). (2) A person who violates sub. (1) shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of violation is a separate offense. (3) (a) Except for the violations enumerated in sub. (1), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, the penalty does not accrue. (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). History: 1985 a. 46; 1995 a. 227 s. 641, 991; Stats. 1995 s. 289.96; 2001 a. 109; 2003 a. 309.
289.97 Violations: enforcement. (1) (a) If the department has reason to believe that a violation of this chapter or any
SOLID WASTE FACILITIES
289.97
rule promulgated or special order, plan approval, or any term or condition of a license issued under this chapter occurred, it may: 1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and, except as provided in s. 289.95, may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, and except as provided in s. 289.95, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or 2. Initiate action under s. 299.95. (b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation. History: 1979 c. 34; 1981 c. 374; 1995 a. 227 s. 642; Stats. 1995 s. 289.97.
May 22, 2026, are designated by NOTES. (Published 5-22-26)