Section 182.18. Waste management fund.

 

(1)   Applicability.

(a) All owners or operators of licensed mining waste disposal facilities shall pay to the department a tonnage fee, for each ton of waste received and disposed of at the facility, or a minimum waste management fund base fee of $100, whichever is greater, until the facility no longer receives waste and begins closure activities, except as otherwise provided in s. 289.62 (1) (b) , Stats. The department shall deposit all tonnage and waste management base fees into the waste management fund provided for in s. 25.45 , Stats.

(b) For all mining waste facilities with a plan of operation approved under s. 289.30 , Stats., after May 20, 1978, the owner shall be responsible for the long-term care of the facility for 30 years after facility closure. The fees to be paid by the owner or operator into the waste management fund shall be in accordance with sub. (3) (a) or (b) , whichever fee is greater.

(c) For all mining waste facilities not approved as set forth in par. (b) , the fees to be paid by the owner or operator into the waste management fund shall be those indicated in sub. (3) (a) or (b) , whichever fee is greater. The owner or operator of a mining waste facility in existence on May 21, 1978 may, but will not be required to, seek approval of the facility's plan of operation under s. 289.30 , Stats.

(d) For those companies which have provided proof of financial responsibility by the net worth method under s. 289.41 (4) and (6) , Stats., the fees to be paid by the owner or operator into the waste management fund shall be in accordance with sub. (3) (c) , if applicable, or sub. (3) (b) , whichever fee is greater.

(2)   Certification. The owner or operator of a licensed mining waste site facility shall certify, on a form provided by the department, the amount of waste received and disposed of during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail the certification form to the owner or operator every January. The certification form shall be completed and returned to the department with the appropriate fee within 45 days after mailing of the form by the department to the owner or operator. An owner or operator failing to submit the waste management certification form and appropriate fees within 45 days after mailing of the form to the owner or operator shall pay a late processing fee of $50.

(3)   Fees.

(a) The mining waste tonnage fees established in s. 289.62 (2) , Stats., are summarized in table 2.

Table 2
Waste Management Fund Tonnage Fee s - See PDF for table

(b) As provided in s. 289.67 (3) , Stats., the owner or operator shall pay to the department a waste management fund base fee of $100 for each calendar year.

(c) The facilities described in sub. (1) (d) shall increase the tonnage fees in par. (a) by 25%.

(4)   Use of fund. Only an approved mining waste facility as defined in s. 289.01 (4) , Stats., is eligible for use of the money accumulated in the waste management fund. The monies in the waste management fund shall be expended exclusively as set forth in s. 289.68 (1) to (6) , Stats.

(5)   Determination of waste tonnages.

(a) Determination by owner or operator. The owner or operator shall, subject to department approval, use one of the following methods for determining the number of tons of waste received and disposed of at the mining waste facility.

1. The owner or operator may use actual weight or volume records as recorded under s. NR 182.14 (1) (b) 1. b.

2. The owner or operator may establish by field measurement the volume of waste disposed and convert to a weight using an assumed compaction density.

(b) Department estimates. The department may estimate by waste category the number of tons received at a mining waste facility. The department's estimate shall appear on the certification form and shall be based on the number of tons received and reported on for the previous reporting period.

(6)   Waste management fund expenditures.

(a) Payments for long-term care after termination of owner responsibility. The department shall determine the necessary maintenance requirements for the long-term care of an approved mining waste facility after the termination of the owner's responsibility. The department shall comply with s. 16.75 , Stats., when applicable, for contracting services for the required long-term care maintenance of mining waste facilities.

(b) Payments of related costs. The department shall comply with s. 289.68 (4) , Stats., prior to making any expenditures from the waste management fund under s. 289.41 (11) (b) 1. , Stats.

(c) Other payments. The department may expend monies from the waste management fund in accordance with s. 289.68 (5) and (6) , Stats.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82; am. Register, May, 1984, No. 341 , eff. 5-1-84; CR 13-057 : am. Table 2 Register July 2015 No. 715 , eff. 8-1-15.