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2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.445 - Exemption for certain fruit and vegetable washing facilities.

289.445
Exemption for certain fruit and vegetable washing facilities.
(1)
Definitions. As used in this section:
(b)
“Washing station" has the meaning given in s. 283.62 (1) (b).
(c)
“Wash water" has the meaning given in s. 283.62 (1) (c).
(d)
“Wash water storage facility" has the meaning given in s. 283.62 (1) (d).
(2)
Exemption. No permit, license or, except as provided in par. (d), plan approval is required under this chapter for the owner of a washing station to establish, construct or operate a solid waste facility for the treatment, storage or disposal of wash water or to compost or land spread plant parts separated from wash water if all of the following requirements are met:
(a)
The washing station is not adjacent to or operated as part of a food processing plant, as defined in s. 97.29 (1) (h).
(b)
All wash water is either stored in a sealed wash water storage facility or is dispersed on land owned or leased by the owner of the washing station in a manner which avoids ponding, runoff or nuisance conditions and in accordance with acceptable agricultural practices or acceptable practices for the land spreading of waste.
(c)
All plant parts that are separated from wash water are either composted or stored in a plant parts storage facility and disposed of using an environmentally safe land spreading technique. The treatment, storage, disposal or composting under this paragraph must be confined to property owned or leased by the owner of the washing station.
(d)
For a washing station that anticipates operating at least 100 days per year or that operated at least 100 days during the immediately preceding year, do all of the following:
1.
Register annually with the department as a washing station.
2.
Submit annually an operating plan that implements best management practices and that is approved by the department.
3.
Operate only in accordance with the approved operating plan.
History:  1995 a. 99; 1995 a. 227 s. 538; Stats. 1995 s. 289.445.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.45 - Solid waste storage.

289.45
Solid waste storage.
No person may store or cause the storage of solid waste in a manner which causes environmental pollution.
History:  1981 c. 374.; 1995 a. 227 s. 539; Stats. 1995 s. 289.45.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.46 - Transference of responsibility.

289.46
Transference of responsibility.
(1)
Any person acquiring rights of ownership, possession or operation in a licensed solid or hazardous waste facility at any time after the facility begins to accept waste is subject to all requirements of the license approved for the facility including any requirements relating to long-term care of the facility and is subject to any negotiated agreement or arbitration award related to the facility under s. 289.33. Upon acquisition of the rights, the department shall issue a new operating license if the previous licensee is no longer connected with the operation of the facility, if the new licensee meets all requirements specified in the previous license, the approved plan of operation, if any, and the rules promulgated under s. 291.05 or 291.07, if applicable.
(2)
Any person having or acquiring rights of ownership in land where a solid or hazardous waste disposal facility was previously operated may not undertake any activities on the land which interfere with the closed facility causing a significant threat to public health, safety or welfare.
History:  1977 c. 377; 1981 c. 374; 1983 a. 410 ss. 62, 2202 (38); Stats. 1983 s. 144.444; 1989 a. 31; 1995 a. 227 s. 625; Stats. 1995 s. 289.46.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.47 - Closure notice.

289.47
Closure notice.
At least 120 days prior to the closing of a solid waste disposal facility or at least 180 days prior to the closing of a hazardous waste facility, the owner or operator shall notify the department in writing of the intent to close the facility.
History:  1995 a. 227 s. 573.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.54 - Disposal of certain dredged materials.

289.54
Disposal of certain dredged materials.
(1)
In this section, “PCBs" has the meaning given in s. 299.45 (1) (a).
(2)
The department may not approve a request by the operator of a solid waste disposal facility to accept dredged materials that contain PCBs or heavy metals for disposal in the solid waste disposal facility until after the department holds a public meeting in the county in which the solid waste disposal facility is located. At the public meeting, the department shall describe the nature of the requested disposal and shall solicit public comment.
History:  1999 a. 9; 2021 a. 93.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.57 - Disposal and treatment records.

289.57
Disposal and treatment records.
(1)
Submission of information. The owner or operator of each solid waste treatment facility at which solid waste is converted into fuel or burned and of each solid waste disposal facility shall annually submit to the department a report containing all of the following information:
(a)
The name of the owner of the facility.
(b)
The location of the facility.
(c)
For a solid waste disposal facility, the remaining capacity available for disposal.
(d)
A list of all licensed haulers transporting waste to the facility for disposal or treatment in the previous year.
(e)
A list of the states of origin of solid waste disposed of or treated at the facility in the previous year and the amount, by weight, of that solid waste originating in each state.
(2)
Maintenance of records. Except as provided in s. 289.09 (2) (a) 2., the department shall separately maintain as a public record, for each solid waste facility, the reports required by sub. (1).
History:  1989 a. 335; 1995 a. 227 s. 633; Stats. 1995 s. 289.57.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.59 - Disposal and burning of low-level radioactive waste.

289.59
Disposal and burning of low-level radioactive waste.
(1)
Definition. In this section, “low-level radioactive waste" has the meaning given in s. 16.11 (2) (m).
(2)
Prohibitions.
(a)
No person may dispose of low-level radioactive waste that is determined by the federal nuclear regulatory commission under 42 USC 2021j to be below regulatory concern in a landfill or a hazardous waste disposal facility unless the landfill or hazardous waste disposal facility is licensed for the disposal of low-level radioactive waste by the federal nuclear regulatory commission or by this state under an agreement under 42 USC 2021 that grants this state the authority to regulate the disposal of low-level radioactive waste.
(b)
No person may burn in an incinerator low-level radioactive waste that is determined by the federal nuclear regulatory commission under 42 USC 2021j to be below regulatory concern.
History:  1991 a. 50; 1995 a. 115; 1995 a. 227 s. 639; Stats. 1995 s. 289.59.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.61 - License and review fees.

289.61
License and review fees.
(1)
The department shall adopt by rule a graduated schedule of reasonable license and review fees to be charged for solid waste license and review activities.
(2)
Solid waste license and review activities consist of reviewing feasibility reports, plans of operation, closure plans and license applications, issuing determinations of feasibility, plan of operation approvals and operating licenses, inspecting construction projects and taking other actions in administering ss. 289.21 to 289.32, 289.43, 289.47, 289.53 and 289.95.
(3)
The department shall establish solid waste review fees at a level anticipated to recover the solid waste program staff review costs of conducting solid waste review activities.
History:  1995 a. 227 s. 583.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.675 - Waiver of fees.

289.675
Waiver of fees.
(1)
Except as provided in sub. (2), if the department requests a person to participate in waste removal activities to mitigate potential environmental impacts and related liability and the department determines that granting a waiver from the fees under ss. 289.63, 289.64, 289.645, and 289.67 will provide an incentive for the person to participate in those activities, the department may grant the person a waiver from those fees for solid waste or hazardous waste that is disposed of as a result of the activities.
(2)
The department may not grant a waiver under sub. (1) to any of the following:
(a)
A person who knowingly committed a violation of law that caused or contributed to the need for the waste removal activities.
(b)
A person who committed an act that the person knew or should have known would cause or contribute to the need for the waste removal activities.
(3)
The department shall issue a document to a person to whom the department grants a waiver under sub. (1) stating that solid or hazardous waste generated as a result of the waste removal activities for which the waiver is granted is exempt from the fees under ss. 289.63, 289.64, 289.645, and 289.67. The person shall provide a copy of the document to the operator of the licensed solid or hazardous waste disposal facility at which the solid or hazardous waste is disposed of or to any intermediate hauler used to transport the solid or hazardous waste to a licensed facility.
History:  2013 a. 333.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.68 - Payments from the waste management fund and related payments.

289.68
Payments from the waste management fund and related payments.
(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).
(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.
(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 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.91 - Inspections.

289.91
Inspections.
Any officer, employee or authorized representative of the department may enter and inspect any property, premises or place on or at which a solid waste facility is located or is being constructed or installed, or inspect any record relating to solid waste management of any person who generates, transports, treats, stores or disposes of solid waste, at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules promulgated or licenses issued under this chapter. No person may refuse entry or access to any officer, employee or authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
History:  1979 c. 34; 1981 c. 374 s. 148; 1987 a. 384; 1993 a. 491; 1995 a. 227 s. 529; Stats. 1995 s. 289.91.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.92 - Review of alleged violations.

289.92
Review of alleged violations.
Any 6 or more citizens or any municipality may petition for a 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; or
2.
Dismiss the petition.
(b)
Initiate action under s. 289.97.
(3)
If the department determines that a petition was 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. 640; Stats. 1995 s. 289.92.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.94 - Imminent danger.

289.94
Imminent danger.
(1)
Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid 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 actions 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:  1995 a. 227 s. 991.
2023 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.
2023 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.
2023 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; or
2.
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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
2.
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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 291 - Hazardous waste management. › 291.95 - Enforcement.

291.95
Enforcement.
(1)
Department action. If the department determines that any person is in violation of any requirement of this chapter or any rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter, the department may do one or more of the following:
(a)
Give written notice to the violator of his or her failure to comply with the requirement.
(b)
Issue a special order requiring compliance within a specified time period.
(c)
Refer the matter to the department of justice for enforcement under s. 299.95.
(2)
Department of justice action; disposition. The department of justice may initiate the legal action requested by the department under sub. (1) (c) after receipt of the written request. In any action commenced by it under this subsection, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice may not enter into a final disposition different than that previously discussed without first informing the department.
(3)
Assistance of district attorney. In any criminal action commenced under s. 291.97, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance.
(4)
Venue. Any action on a violation shall be commenced in the circuit court for the county in which the violation occurred. If all parties stipulate and the circuit court for Dane County agrees, the proceedings may be transferred to the circuit court for Dane County.
History:  1977 c. 377; 1981 c. 374; 1987 a. 384; 1995 a. 227 s. 695; Stats. 1995 s. 291.95.
Enforcement of ch. 144 [now chs. 281 to 299] is not contingent on the issuance of a compliance order. State v. Edward Kraemer & Sons, Inc. 170 Wis. 2d 646, 489 N.W.2d 708 (Ct. App. 1992).
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.16 - Responsibility of certain municipalities acquiring closed landfills.

292.16
Responsibility of certain municipalities acquiring closed landfills.
(1)
Definition. In this section:
(a)
“Generator" has the meaning given in s. 292.35 (1) (b).
(b)
“Transporter" has the meaning given in s. 292.35 (1) (g).
(2)
Application. A municipality may apply to the department for an exemption from liability with respect to property that contains a closed landfill and that is acquired by the municipality before, on or after October 14, 1997.
(3)
Conditions for approval. The department shall approve an application under sub. (2) if all of the following apply:
(a)
The landfill is closed when the municipality acquires the property.
(b)
The landfill closure complies with all rules of the department at the time of the application under sub. (2).
(c)
The municipality did not have an ownership interest in the landfill while the landfill was in operation.
(d)
The municipality enters into an agreement with the department that contains requirements for the municipality to maintain the property.
(e)
The department determines that an exemption from liability under this section is in the public interest.
(f)
The landfill was privately owned while it was in operation.
(g)
The landfill has caused groundwater contamination.
(h)
A steering committee of local public and private representatives was formed to address the contamination caused by the landfill in a cooperative effort with the department that prevented the landfill from being listed on the national priority list under 42 USC 9605 (a) (8) (B).
(i)
The remedial action approved by the department authorized a recreational use for the property and was completed by December 31, 1995.
(4)
Scope of exemption. An approval by the department under sub. (3) exempts the municipality from liability imposed under ss. 289.05, 289.41, 289.46, 289.95, 291.37, 291.85 (2), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, based on the municipality's ownership of the property. The exemption does not apply to any liability based on hazardous substances for which the municipality is responsible as a generator or transporter.
(5)
Requirements. If the department approves a municipality's application under sub. (3), the municipality shall do all of the following:
(a)
Obtain the prior approval of the department for any proposed uses of the property, for any physical disturbance of the soil and for any construction on the property.
(b)
Allow access to the property by any person who is required to conduct monitoring, to operate and maintain equipment or to undertake remedial action in connection with the closed landfill.
History:  1997 a. 27; 2013 a. 173 s. 33.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.19 - Responsibility of persons conducting investigations.

292.19
Responsibility of persons conducting investigations.
(1)
For purposes of this chapter, a person who conducts an investigation of property to determine the existence of, or to obtain information about, a discharge of a hazardous substance does not possess or control the hazardous substance or cause the discharge of the hazardous substance as the result of conducting the investigation.
(2)
If the person who conducts the investigation physically causes a discharge, sub. (1) does not apply with respect to the portion of the property on which the person causes the discharge.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.24 - Responsibility of local governmental units; hazardous waste.

292.24
Responsibility of local governmental units; hazardous waste.
(1)
Definition. In this section, “local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.
(2)
Exemption from liability. Except as provided in sub. (3), a local governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules promulgated under those provisions, with respect to the existence of a hazardous waste discharge on property acquired in a way or for a purpose described in s. 292.11 (9) (e) 1m., if all of the following occur at any time before or after the date of acquisition:
(a)
An environmental investigation of the property is conducted that is approved by the department and that identifies any hazardous waste discharges that occurred on the property.
(b)
The hazardous waste discharges identified by the investigation under par. (a) are cleaned up by restoring the environment to the extent practicable with respect to the discharges and minimizing the harmful effects from the discharges in accordance with rules promulgated by the department and any contract entered into under those rules.
(c)
The local governmental unit obtains an approval from the department stating that the property has been satisfactorily restored to the extent practicable with respect to the hazardous waste discharges and that the harmful effects from the discharges have been minimized.
(d)
The local governmental unit maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
(e)
The local governmental unit does not engage in activities that are inconsistent with the maintenance of the property.
(f)
The local governmental unit has not obtained the certification under par. (c) by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the local governmental unit knew or should have known about more discharges of hazardous waste than were revealed by the investigation conducted under par. (a).
(g)
The local governmental unit did not cause the discharge of any hazardous waste identified on the property.
(3)
Applicability. Subsection (2) does not apply to any of the following:
(a)
A hazardous waste treatment, storage or disposal facility that first begins operation after the date on which the local governmental unit acquired the property.
(b)
A licensed hazardous waste treatment, storage or disposal facility operated on the property before the date on which the local governmental unit acquired the property and that is operated after the date on which the local governmental unit acquired the property.
(c)
Any hazardous waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility.
History:  1999 a. 9.