reglab/housing_qa huggingface dataset:
WI Stat § 289.95 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.95 - Enforcement procedures for older facilities.

289.95  Enforcement procedures for older facilities. (1) Notwithstanding s. 289.97, for solid waste facilities licensed on or before January 1, 1977, that the department believes do not meet minimum standards promulgated under s. 289.05 (1) and (2), the department may do any of the following:(a) Initiate action under s. 289.94.(b) Refer the matter to the department of justice for enforcement under s. 299.95.(c) Issue an order relating to the solid waste facility or refuse to relicense the solid waste facility using the procedure under sub. (2). (2) (a) Before issuing an order relating to a solid waste facility or a decision refusing to relicense a solid waste facility under sub. (1) (c), the department shall notify the licensee of its intended action. The licensee, within 30 days after receipt of the notice, may request a hearing under par. (b). If the licensee requests a hearing under par. (b), it may not withdraw that request and proceed under par. (c).(b) If the licensee requests a hearing, the department may not issue the order or decision until a hearing, conducted as a class 2 proceeding under ch. 227, is held unless the licensee has withdrawn the hearing request. The hearing shall be held in the county where the facility is located. At the hearing the department must establish by a preponderance of all the available evidence that the facility does not adhere to the minimum standards promulgated under s. 289.05 (1) and (2). If the hearing examiner's decision is in favor of the department, or if the licensee has withdrawn the hearing request, the department may issue the order or decision. The order or decision is subject to judicial review under ch. 227.(c) If the licensee does not request a hearing under par. (b), the department shall issue the order or decision. The licensee may challenge the order or decision by commencing an action in circuit court for the county in which the solid waste facility is located within 15 days after the issuance of the order or decision. The complaint shall allege that the facility adheres to the minimum standards promulgated under s. 289.05 (1) and (2). The licensee shall receive a new trial on all issues relating to the facility and relicensing of the facility. The trial shall be conducted by the court without a jury.History:  1995 a. 227 s. 581.
WI Stat § 289.96 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.96 - Penalties.

289.96  Penalties. (1) (a) No person may treat, store or dispose of high-volume industrial waste in violation of a testing requirement or condition of an exemption under s. 289.43 (7) (d).(b) No person may violate a testing requirement or condition of an exemption from regulation under s. 289.43 (8) (c). (2) A person who violates sub. (1) shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of violation is a separate offense. (3) (a) Except for the violations enumerated in sub. (1), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, the penalty does not accrue.(b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph.  The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). History:  1985 a. 46; 1995 a. 227 s. 641, 991; Stats. 1995 s. 289.96; 2001 a. 109; 2003 a. 309.
WI Stat § 289.97 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.97 - Violations: enforcement.

289.97  Violations: enforcement. (1) (a) If the department has reason to believe that a violation of this chapter or any rule promulgated or special order, plan approval, or any term or condition of a license issued under this chapter occurred, it may:1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and, except as provided in s. 289.95, may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, and except as provided in s. 289.95, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or2. Initiate action under s. 299.95.(b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.History:  1979 c. 34; 1981 c. 374; 1995 a. 227 s. 642; Stats. 1995 s. 289.97.
WI Stat § 291.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.001 - Declaration of policy.

291.001  Declaration of policy. The legislature finds that hazardous wastes, when mismanaged, pose a substantial danger to the environment and public health and safety. To ensure that hazardous wastes are properly managed within this state, the legislature declares that a state-administered regulatory program is needed which: (1) Relies upon private industry or local units of government to provide hazardous waste management services. (2) Requires the transportation, storage, treatment and disposal of hazardous wastes to be performed only by licensed operators. (3) Requires generators of hazardous waste to utilize operators licensed to transport, treat, store or dispose of hazardous wastes. (4) Does not interfere with, control or regulate the manufacturing processes which generate hazardous wastes. (5) Ensures the maintenance of adequate records on, and the reporting of, the disposition of all hazardous wastes either generated in or entering this state. (6) Encourages to the extent feasible, the reuse, recycling or reduction of hazardous wastes. (7) Provides adequate care and protection of disposal facilities after the facilities cease to accept hazardous wastes. (8) Provides members of the public and units of local government an opportunity to review and comment upon the construction, operation and long-term care of hazardous waste management facilities. (9) Meets the minimum requirements of the resource conservation and recovery act.History:  1995 a. 227 s. 647.The right to a decent burial: Hazardous waste and its regulation in Wisconsin. Harrington, 66 MLR 223 (1983).Changes in the ownership of hazardous waste disposal sites: Original and successor liability. Kelly. 67 MLR 691. (1984).
WI Stat § 291.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.07 - Authorized rules.

291.07  Authorized rules. (1) The department may, by rule, prohibit particular methods of treatment or disposal of particular hazardous wastes, upon a finding that restrictions on treatment or disposal methods are necessary to protect public health and safety or the environment. (2) The department may exempt by rule any person who generates, transports, treats, stores or disposes of hazardous wastes from any provision under this chapter or from any rule promulgated under this chapter if the generation, transportation, treatment, storage or disposal does not present a significant hazard to public health and safety or the environment. (3) The department may promulgate rules which specify the duration of licenses issued under s. 291.25.History:  1995 a. 227 ss. 660, 662, 665, 992.
WI Stat § 291.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.09 - Department duties.

291.09  Department duties. (1) The department, in cooperation with the University of Wisconsin-Extension and other interested parties, shall develop educational programs and offer technical assistance to persons interested in hazardous waste management. (2) If facilities or equipment subject to this chapter are also subject to regulation by the department under other statutes or rules, the department shall integrate its regulatory processes to avoid duplicative or contradictory actions or requirements. (3) The department shall study whether the list of hazardous wastes under s. 291.05 (2) should be revised as it relates to commercial chemical products. History:  1995 a. 227 ss. 666, 668, 992; 1999 a. 9; 2001 a. 103.
WI Stat § 291.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.11 - Department powers.

291.11  Department powers. (1) The department may hold hearings relating to any aspect of the administration of this chapter and, in connection with those hearings, compel the attendance of witnesses and the production of evidence. (2) The department may waive compliance with any requirement under this chapter or shorten the time periods under this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare or the environment. (3) The department may secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise. (4) The department may advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government and other interested persons or groups. (5) The department may enter into a compact with agencies in other states for the purposes of mutual assistance in the management and regulation of hazardous wastes.History:  1995 a. 227 ss. 661, 669, 671, 673, 992.
WI Stat § 291.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.13 - Capacity assurance plan revision and review.

291.13  Capacity assurance plan revision and review. (1) In this section, “capacity assurance plan" means the plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste generated in this state. (2) The department shall do all of the following:(a) Monitor changes in the generation of hazardous waste in this state and the progress toward meeting the goals in the capacity assurance plan.(b) Notify the governor of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.(c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the governor and the legislature under s. 13.172 (2).(d) Hold a public informational hearing, that is not a contested case hearing under ch. 227, to solicit comments on the draft of the revised capacity assurance plan no later than 45 days after providing the draft under par. (c).(e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the governor and the legislature under s. 13.172 (2).History:  1989 a. 325; 1991 a. 41; 1995 a. 27; 1995 a. 227 s. 697; Stats. 1995 s. 291.13.
WI Stat § 291.21 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.21 - Generation.

291.21  Generation. Any person generating solid waste shall determine if the solid waste is a hazardous waste. Any person generating hazardous waste shall: (1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of this chapter. (2) Keep records that accurately identify:(a) The quantities of hazardous waste generated;(b) The hazardous constituents of hazardous wastes which are significant because of quantity or potential harmfulness to human health or the environment; and(c) The disposition of hazardous wastes. (3) Label any container used for the storage, transport or disposal of hazardous waste to accurately identify its contents and associated hazards. (4) Use appropriate containers for hazardous waste. (5) Furnish information on the general chemical composition of hazardous waste to persons transporting, treating, storing or disposing of hazardous wastes, and on any precautions recommended to ensure safe handling of hazardous waste. (6) Comply with rules relating to use of a manifest system. (7) Submit all reports required under this chapter and rules promulgated under this chapter. (8) Comply with rules relating to notification under s. 291.05 (1), (2) and (4). (9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under this chapter or issued under the resource conservation and recovery act.History:  1977 c. 377; 1981 c. 374 ss. 96, 150; 1987 a. 384; 1995 a. 227 s. 674; Stats. 1995 s. 291.21.Corporate officers responsible for the overall operation of a facility are personally liable for violations. State v. Rollfink, 162 Wis. 2d 121, 469 N.W.2d 398 (1991).The deterioration of useful materials into waste is a process that results in the generation of waste under s. 144.61 (4) [now s. 291.01 (5)]; the yard at which waste is stored and a hole dug to bury waste are facilities under s. 144.61 (5m) [now s. 291.01 (8)]. State v. Edward Kraemer & Sons. Inc. 170 Wis. 2d 646, 489 N.W.2d 708 (Ct. App. 1992).
WI Stat § 291.23 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.23 - Licenses; transportation.

291.23  Licenses; transportation. (1) No person may transport hazardous waste without a license issued under this section. (2) Licenses issued under this section shall require compliance with rules of the department promulgated under s. 291.05 (5) (a). (3) Licenses issued under this section may be denied, suspended or revoked for grievous and continuous failure to comply with the rules adopted under s. 291.05 (5) (a).History:  1995 a. 227 ss. 676, 678; 1997 a. 35; 2015 a. 297 s. 51.
WI Stat § 291.27 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.27 - Environmental impact statement.

291.27  Environmental impact statement. (1) An environmental impact statement is required under s. 1.11 (2) for a new hazardous waste disposal facility if one or both of the following conditions exist:(a) The total area committed to solid and hazardous waste disposal exceeds 80 acres.(b) The total volume of solid and hazardous waste intended for disposal under the plan of operation exceeds one million cubic yards. (2) This section does not apply to hazardous waste disposal facilities granted an interim license under s. 291.25 (4) or a variance under s. 291.31 or a facility subject to s. 291.29.History:  1981 c. 374; 1983 a. 410 s. 2202 (38); 1987 a. 384; 1995 a. 227 s. 689; Stats. 1995 s. 291.27.
WI Stat § 291.29 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.29 - Closure and long-term care plan for unlicensed facilities.

291.29  Closure and long-term care plan for unlicensed facilities. Any person required to be licensed or eligible to obtain a license under s. 291.25 who does not obtain a license under that section shall submit to the department a closure plan and, if the facility is a disposal facility, a long-term care plan for the facility which complies with the requirements promulgated by the department by rule under s. 291.05 (6) (e) and shall comply with the plan as approved by the department. There is no statutory right to a hearing before the department concerning a plan submitted under this section but the department may grant a hearing on a plan.History:  1995 a. 227 s. 683.
WI Stat § 291.31 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.31 - Variance.

291.31  Variance. If the department determines that the application for or compliance with any license required under s. 291.23 or 291.25 would cause undue or unreasonable hardship to any person, the department may issue a variance from the requirements of s. 291.23, 291.25, 291.29 or 291.87 but the variance may not result in undue harm to public health or the environment and the duration of the variance may not exceed 5 years. The department may renew or extend a variance only after opportunity for a public hearing.History:  1995 a. 227 s. 684.
WI Stat § 291.33 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.33 - Tonnage fees.

291.33  Tonnage fees. A person who operates a licensed hazardous waste disposal facility shall pay the fees imposed and specified under s. 289.62.History:  1995 a. 227 s. 687.
WI Stat § 291.35 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.35 - Rules on metallic mining wastes.

291.35  Rules on metallic mining wastes. The requirements of this chapter shall be subject to s. 289.05 (2).History:  1995 a. 227 s. 648.
WI Stat § 291.85 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.85 - Imminent danger.

291.85  Imminent danger. (1) Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any hazardous waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:(a) Provide immediate notice of the danger to each affected municipality.(b) Promptly post notice of the danger at the site at which the danger exists, or order a person responsible for the danger to post such notice. (2)  Other actions. In addition to the action under sub. (1), the department may do one or more of the following:(a) Issue any special order necessary to protect public health or the environment.(b) Take any other action necessary to protect public health or the environment.(c) Request the department of justice to commence legal proceedings to restrain or enjoin any person from handling, storage, treatment, transportation or disposal which presents or may present an imminent and substantial danger to health or the environment or take any other action as may be necessary to protect public health and the environment.History:  1977 c. 377; 1987 a. 384; 1995 a. 227 s. 693; Stats. 1995 s. 291.85.
WI Stat § 291.89 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.89 - Review of alleged violations.

291.89  Review of alleged violations. Any 6 or more citizens or any municipality may petition for review of an alleged violation of this chapter or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under this chapter in the following manner: (1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners. (2) Upon receipt of a petition under this section, the department may:(a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227. Within 60 days after the close of the hearing, the department shall either:1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227; or2. Dismiss the petition.(b) Initiate action under s. 291.95. (3) If the department determines that a petition has been filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover expenses on the hearing in a civil action.History:  1981 c. 374; 1995 a. 227 s. 694; Stats. 1995 s. 291.89.
WI Stat § 291.91 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.91 - Inspections and right of entry.

291.91  Inspections and right of entry. (1) The department may inspect hazardous waste facility construction projects to determine compliance with this chapter and rules promulgated and licenses issued under this chapter. (2) Upon the request of any officer, employee or authorized representative of the department and with notice provided no later than upon the officer's, employee's or authorized representative's arrival, any person who generates, stores, treats, transports or disposes of hazardous wastes shall permit the officer, employee or authorized representative access to vehicles, premises and records relating to hazardous wastes at reasonable times. An officer, employee or authorized representative of the department may take samples of any hazardous waste. The officer, employee or authorized representative shall commence and complete inspections with reasonable promptness. If samples are taken, the officer, employee or authorized representative shall give a receipt for each sample to the person in charge of the facility and, upon request, half of the sample taken. The department shall furnish promptly a copy of the results of any analysis of any sample which is taken and a copy of the inspection report to the person in charge of the facility.History:  1977 c. 377; 1981 c. 374; 1987 a. 27, 384; 1995 a. 227 ss. 670, 690, 691.
WI Stat § 291.93 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.93 - Orders.

291.93  Orders. The department may issue orders to effectuate the purposes of this chapter and enforce those orders by all appropriate administrative and judicial proceedings.History:  1995 a. 227 s. 672.