Wis. Stat. § 289.68 — WI Code / Chapter 289 / Section 289.68
Payments from the waste management fund and related payments.
Status: in_force

(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) . 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 long-term 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) .

(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 .