Wis. Stat. § 287.175 — WI Code / Chapter 287 / Section 287.175
Section 287.175
Status: in_force

(8) Department duties and authority.

(a) Plan approvals. Within 120 days after receiving a proposed battery stewardship plan or proposed amendment under sub. (3) (a) or (d) , the department shall approve, conditionally approve, or deny the plan or amendment. The department shall approve any plan or amendment that meets the requirements under sub. (3) . If the department denies or conditionally approves a plan or amendment, the department shall notify the battery stewardship organization of the denial or conditional approval in writing and explain how the proposed plan or amendment does not comply with this section; the producer shall submit a revised plan or amendment or notice of plan withdrawal within 60 days of the denial or conditional approval; and the department shall approve or deny the revised plan or amendment within 90 days of resubmittal.

(b) Public notice. The department shall publish notice on its website and shall provide notice, upon request, to interested persons, announcing any proposed plan or amendment under sub. (3) (a) or (d) .

(c) Enforcement. The department may, in addition to any penalties authorized under sub. (12) , enforce violations of this section and violations of any battery stewardship plan approved under this section. For purposes of this paragraph, a failure to meet the requirements of this section despite a good faith effort is not a violation.

(d) Reports. The department shall review reports submitted under sub. (7) within 90 days after submission.

(e) Assistance. The department shall provide technical assistance to producers and retailers related to the requirements under this section.

(f) Website. Subject to par. (g) , the department shall maintain on its website all of the following:

1. A copy of all approved battery stewardship plans and any amendments to such plans.

2. The names of producers with approved battery stewardship plans.

3. A list of brands of covered batteries covered under an approved battery stewardship plan. The department shall update this list only twice annually.

4. Reports submitted to the department under sub. (7) .

(g) Confidentiality. Proprietary information submitted to the department under this section may not be open to public inspection and copying under s. 19.35 (1) . The department and any other agency may not release, publish, or otherwise make available any proprietary information received under this section. In this paragraph, “proprietary information” means information owned or held by a producer and includes trade secrets, intellectual property, production methods, marketing strategies, business plans, financial data of a business, customer lists, data from research and development, and any other sensitive information about a business or a business’s practices.

(10) Independent battery collection. Nothing in this section prevents or prohibits a person from offering or performing a fee-based household collection program or a mail-back program for covered batteries independently of a battery stewardship plan under this section if the services are performed and any facilities are operated in compliance with all applicable federal, state, and local laws and requirements.

(11) Individual battery disposal.

(a) Beginning on January 1, 2028, all of the following apply:

1. A person may dispose of a covered battery only by delivery to a collection site or collection event operated under a battery stewardship plan approved under this section, unless the battery is regulated as hazardous waste.

2. No person may knowingly cause or allow the mixing of a covered battery with recyclable materials that are intended for processing and sorting at a material recovery facility.

3. No person may knowingly cause or allow the mixing of a covered battery with municipal waste that is intended for disposal at a landfill.

4. No person may knowingly cause or allow the disposal of a covered battery in a landfill.

5. No person may knowingly cause or allow the mixing of a covered battery with waste that is intended for burning or incineration.

6. No person may knowingly cause or allow the burning or incineration of a covered battery.

(b) An owner or operator of a solid waste facility may not be found in violation of this section if the facility has posted in a conspicuous location a sign stating that covered batteries must be managed through collection sites established by a battery stewardship organization and are not accepted for disposal.

(c) A solid waste collector may not be found in violation of this section for a covered battery placed in a disposal container by a 3rd party.

(12) Penalties.

(a) Any person that intentionally and substantially violates this section, other than sub. (11) , may be required to forfeit not more than $7,000 for each violation. For purposes of this paragraph, a failure to meet the requirements of this section despite a good faith effort is not a violation.

(c) The attorney general or the district attorney of any county in which a violation of this section occurs may, in addition to any other penalty, bring an action to enjoin any person from violating this section, other than sub. (11) .

(d) A retailer is not subject to any penalty under this section.

(13) Rule making. Notwithstanding s. 227.11 (2) , nothing in this section shall be construed to confer rule-making authority on the department.

History: 2025 a. 170 .