289.63 Groundwater and well compensation fees.

634 words·~3 min read·/wi/chapter-289/289-63

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Imposition of groundwater and well compensation fees on generators. Except as provided under sub.

(6)and s. 289.675

(1), a generator of solid or hazardous waste shall pay separate groundwater and well compensation fees 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 groundwater and well compensation fees 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 groundwater and well compensation fees under this subsection 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).

(2)Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the groundwater and well compensation fees 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.

(3)Amount of groundwater and well compensation fees. The fees imposed under this section are as follows:

(a)Except as provided in sub.

(4), the groundwater fee imposed under sub.

(1)is 10 cents per ton for solid waste or hazardous waste.

(b)The well compensation fee imposed under sub.

(1)for solid waste or hazardous waste, excluding prospecting or mining waste, is 4 cents per ton.

(4)Amount of groundwater fee; prospecting or mining waste. The groundwater fee imposed under sub.

(1)is one cent per ton for prospecting or mining waste, including tailing solids, sludge or waste rock.

(5)In addition to other fees. The groundwater and well compensation fees collected and paid under sub.

(2)are in addition to the tonnage fee imposed under s. 289.62

(1), the environmental repair base fee imposed under s. 289.67

(3)and the environmental repair surcharge imposed under s. 289.67

(4).

(6)Exemption from groundwater and well compensation fees for certain materials.

(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 groundwater and well compensation fees imposed under sub.

(1), except that foundry sands or shredder fluff approved for use under s. 289.30

(5)or 289.31

(9)are subject to groundwater and well compensation fees.

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 groundwater and well compensation fees 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 resulting from the natural disaster 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.

1. In this paragraph, “qualified facility” means one of the following: