Section 555.07. Cost recovery.

 

(1)   Recovery expenses. As allowed by s. 289.55 (5) , Stats., the department may ask the attorney general to initiate a civil action to recover from the person responsible for the nuisance waste tire stockpile the reasonable and necessary costs incurred by the department for its cleanup activities and its administrative and legal expenses related to the cleanup.

(a) The cost or the estimated cost of the cleanup.

(b) Whether the person responsible for the nuisance received compensation for the collection and transportation or storage of the waste tires.

(c) Whether the person responsible for the nuisance pays a portion of the estimated costs to be incurred by the department to abate the nuisance.

(d) Whether the person responsible for the nuisance is financially able to pay a portion of the estimated costs to abate the nuisance. This determination may be based upon the submittal of state and federal tax returns for the past 3 years, statement of net worth, and similar documentation.

(e) Whether the person responsible for the nuisance is the owner of the property.

(f) Whether the owner of the property received compensation for the waste tire dump.

(g) Whether the person responsible for the nuisance knowingly violated rules or statutes relating to waste tires.

(2)   Other recovery activities by the department. For those waste tire dumps which received less than 95% of its waste tires from Wisconsin retailers or residents, the department will follow those procedures specified in s. 287.17 (5) , Stats.

History: Cr. Register, May, 1990, No. 413 , eff. 6-1-90 ; am. (2), Register, May, 1995, No. 473 , eff. 6-1-95.

Note

In its determination whether to ask the attorney general to initiate a civil action to recover costs associated with cleanup abatement activities the department may consider the following factors: Microsoft Windows NT 6.1.7601 Service Pack 1 1995 Wis. Act 227 repealed s. 287.17, Stats. Microsoft Windows NT 6.1.7601 Service Pack 1