reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.185 - Disposal of mercuric oxide batteries.

287.185
Disposal of mercuric oxide batteries.
(1)
In this section:
(a)
“Mercuric oxide battery" has the meaning given in s. 100.27 (1) (c).
(b)
“Mercuric oxide button cell battery" has the meaning given in s. 100.27 (1) (d).
(c)
“Waste mercuric oxide battery" means a mercuric oxide battery that is no longer suitable for its original purpose due to use, wear, damage or defect.
(2)
Beginning on July 1, 1994, no person, except for a person operating a collection site identified under s. 100.27 (5) (a), may treat, store or dispose of a waste mercuric oxide battery, other than a mercuric oxide button cell battery, except by sending it to a collection site identified under s. 100.27 (5) (a).
(3)
A person operating a collection site identified under s. 100.27 (5) (a) shall recycle or have recycled all collected waste mercuric oxide batteries unless no reasonable alternative exists.
History:  1993 a. 74; 1995 a. 227 s. 900; Stats. 1995 s. 287.185.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.19 - Statewide technical assistance.

287.19
Statewide technical assistance.
(1)
Duties. The department shall provide assistance to individuals, groups, businesses, state agencies, counties and municipalities in all aspects of recycling consistent with this subchapter, and whenever practical shall be provided with an emphasis on documents and material easy to read and understand by the general public. This assistance may be provided through programs established under s. 287.21 and shall include all of the following:
(a)
Waste generation.
1.
Providing information on how to conduct a survey of the composition of solid waste and, as appropriate, conducting one or more surveys.
2.
Maintaining current estimates of the amount of components of solid waste specified in s. 287.07 generated by categories of businesses, industries, municipalities and other governmental entities and of the amount of material that is recovered from solid waste for reuse or recycling.
3.
Providing solid waste generators with information on how to manage solid waste consistent with s. 287.05 (12).
(b)
Recycling programs. With respect to programs created under s. 287.09 (2) (a):
1.
Identifying appropriate qualifications of program coordinators and staff.
2.
Preparing sample ordinances, procedural handbooks and contracts.
3.
Identifying sources of information regarding the creation and operation of a municipal or county program.
4.
Providing advice, upon the request of a municipality or county, on implementing the municipality's or county's solid waste management plan.
(2)
Powers. In providing assistance under sub. (1), the department may provide assistance relating to the marketing of materials recovered from solid waste.
History:  1989 a. 335; 1993 a. 75; 1995 a. 227 s. 901; Stats. 1995 s. 287.19; 1997 a. 60; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.21 - Statewide education program.

287.21
Statewide education program.
The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 287.01 to 287.27, enhance municipal and county solid waste management programs under s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:
(1)
Municipal, county and state officials and employees.
(2)
Kindergarten through graduate students and teachers.
(3)
Private solid waste scrap brokers, dealers and processors.
(4)
Businesses that use or could use recycled materials or that produce or could produce products from recycled materials and persons who provide support services to those businesses.
(5)
The general public.
History:  1989 a. 335; 1995 a. 227 s. 902; Stats. 1995 s. 287.21; 2015 a. 7.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.215 - Yard waste publicity.

287.215
Yard waste publicity.
The department shall conduct activities to make the public aware of the need to cease disposing of yard waste in solid waste disposal facilities.
History:  1989 a. 31; 1991 a. 32 s. 79; Stats. 1989 s. 159.215; 1995 a. 227 s. 903; Stats. 1995 s. 287.215.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.22 - Council on recycling.

287.22
Council on recycling.
(1)
Definition. In this section, “council" means the council on recycling.
(2)
Duties. The council shall do all of the following:
(a)
Promote the efficient and prompt implementation of state programs related to solid waste reduction, recovery and recycling.
(b)
Advise and assist state agencies and authorities and county and municipal officials in the coordination of programs and the exchange of information related to solid waste reduction, recovery and recycling. This assistance, whenever practical, shall be provided with an emphasis on documents and material easy to read and understand by the general public.
(c)
Advise state agencies concerning the promulgation of rules under ss. 100.29, 100.295, and 101.126.
(d)
Advise the department and the University of Wisconsin System concerning educational efforts and research related to solid waste reduction, recovery and recycling.
(g)
Develop recommendations and cooperate with the packaging industry concerning establishing and implementing standards for recyclable packaging.
(gm)
Develop recommendations, advise and assist county and municipal officials and the automotive service industry to promote the recycling of oil filters used in motor vehicles and other machinery.
(h)
Advise the department concerning the development of a statewide plan for public service announcements that would provide information about recycling programs and the benefits of recycling through radio and television announcements produced in this state's production facilities and designate a liaison with television and radio stations to try to secure the broadcast of the public service announcements.
(i)
Advise the governor and the legislature.
(2m)
Status reports. The council may request a status report from any state agency or authority implementing a solid waste reduction, recovery or recycling program.
(3)
Subcommittees. The council may create subcommittees to assist in its work. Subcommittee members may include members of the council, state employees and representatives of counties and municipalities and others.
(4)
Assistance. State agencies shall assist the council in fulfilling its duties to the fullest extent possible.
History:  1989 a. 335; 1993 a. 75; 1995 a. 227 s. 904; Stats. 1995 s. 287.22; 1997 a. 243; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.24 - Recycling consolidation grants.

287.24
Recycling consolidation grants.
(1)
In this section, “population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under s. 16.96.
(2)
The department shall make a grant from the appropriation account under s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s. 287.11 to have an effective recycling program if any of the following applies:
(a)
The responsible unit is a county.
(b)
The responsible unit is a federally recognized Indian tribe or band.
(c)
The responsible unit has a population of 25,000 or more and consists of one or more municipalities.
(d)
The responsible unit is not eligible under par. (a), (b), or (c) but one of the following applies:
1.
By October 1 in the year preceding the year for which the grant is made, the responsible unit consists of what had been at least 2 responsible units.
2.
By October 1 in the year preceding the year for which the grant is made, the responsible unit enters into a cooperative agreement with another responsible unit for the joint provision of at least one of the following elements of an effective recycling program:
a.
Performing comprehensive program planning.
b.
Collecting and transporting recyclable materials.
c.
Sorting recyclable materials at a materials recovery facility.
d.
Developing and distributing educational materials relating to waste reduction, reuse, and recycling.
e.
Carrying out a program of technical assistance to businesses and owners and occupants of multifamily dwellings to increase the availability and convenience of recycling.
f.
Any other program element approved by the department.
(3)
Subject to sub. (4), the department shall determine the amount of a grant to a responsible unit under this section as follows:
(a)
Divide the amount available under s. 20.370 (6) (bw) for the year by the total population of the responsible units eligible under sub. (2).
(b)
Multiply the amount determined under par. (a) by the population of the responsible unit.
(4)
A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b).
History:  2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.27 - Materials recovered for reuse or recycling.

287.27
Materials recovered for reuse or recycling.
(1)
Definition. In this section, “materials recovery facility" means a facility where the materials specified in sub. (4) (b) or s. 287.07 (3) or (4), not mixed with other solid waste, are processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process. “Materials recovery facility" does not include a facility operated by a pulp or paper mill which utilizes fiber or paper that has been separated from waste for use as a raw material in a commercial product.
(2)
Reports by materials recovery facilities. Annually, the owner or operator of a materials recovery facility shall report to the department the amount of each of the materials specified in s. 287.07 (3) or (4) and any other materials specified by the department under sub. (4) (b) that the materials recovery facility receives and that were recovered from waste generated in this state.
(3)
Reports by trade associations. A trade association may submit a report to the department containing the information required under sub. (2) in aggregate form for 2 or more materials recovery facilities that are affiliated with the trade association. A report under this subsection shall identify each materials recovery facility for which it is reporting. A materials recovery facility that is covered by a report under this subsection shall be considered to be in compliance with sub. (2).
(4)
Rules. The department, by rule, may do any of the following:
(a)
Specify the form and manner of reporting under subs. (2) and (3).
(b)
Specify additional materials that the owner or operator of a materials recovery facility must report under sub. (2) or (3).
(c)
Exempt certain materials recovery facilities from all or a part of the reporting requirements of subs. (2) and (3) if the reports are not needed for the calculation of solid waste reuse or recycling rates under s. 287.19 (1) (a) 2.
History:  1997 a. 60.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.29 - Iron and steel slag recovery.

287.29
Iron and steel slag recovery.
(1)
In this section, “slag” means slag generated by the production or processing of iron or steel that is managed as an item of value in a controlled manner and is not discarded.
(2)
No person may use unencapsulated slag on private property within 100 feet of a residential dwelling or a building intended to be used in whole or in part as a school or daycare facility without prior approval of the department.
History:  2017 a. 285.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.81 - Littering.

287.81
Littering.
(1)
In this section:
(a)
“Aircraft" means any structure invented, used or designed for navigation or flight in the air.
(am)
“Highway" has the meaning given in s. 340.01 (22).
(as)
“Large item" means an appliance, an item of furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste.
(b)
“Vehicle" has the meaning given in s. 340.01 (74), but includes an electric scooter, as defined in s. 340.01 (15ps), an electric personal assistive mobility device, as defined in s. 340.01 (15pm), and an all-terrain vehicle, as defined in s. 340.01 (2g).
(c)
“Waters of the state" has the meaning given in s. 281.01 (18).
(2)
Except as provided in sub. (3), a person who does any of the following may be required to forfeit not more than $500:
(a)
Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property.
(b)
Permits any solid waste to be thrown from a vehicle operated by the person.
(c)
Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.
(d)
Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under 49 CFR Part 831 authorizes its removal, whichever is latest.
(2m)
Except as provided in sub. (3), a person who deposits any large item on or along any highway, in any waters of the state, on the ice of any waters of the state, or on any other public or private property shall forfeit not more than $1,000.
(3)
(a)
Subsections (2) (a) and (2m) do not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.
(b)
Subsections (2) and (2m) do not apply to a person who deposits or discharges solid waste in conformance with chs. 30, 31, 281 to 285 or 289 to 299 or a permit, license or other approval issued by the department under those chapters.
History:  1989 a. 335; 1991 a. 19; 1995 a. 227 s. 917; Stats. 1995 s. 287.81; 2001 a. 90; 2009 a. 368; 2011 a. 265; 2019 a. 11.
Discarding a cigarette butt onto a highway violates this section's prohibition of discharging “any solid waste on or along any highway." State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.91 - Enforcement; duty of department of justice; expenses.

287.91
Enforcement; duty of department of justice; expenses.
(1)
The attorney general shall enforce this chapter except for ss. 287.07, 287.08 and 287.81 and all rules promulgated under this chapter except under those sections.
(2)
Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3), (4), and (5) by seeking injunctive relief against any person violating those provisions.
(3)
The circuit court for Dane County or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or related rules by injunctive and other relief appropriate for enforcement.
(4)
The department of natural resources shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 (4) (ma).
History:  1989 a. 335; 1993 a. 75; 1995 a. 227 s. 919; Stats. 1995 s. 287.91; 2009 a. 50; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.93 - Inspections.

287.93
Inspections.
Any officer, employee or authorized representative of the department may enter and inspect any place 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 under this chapter. No person may refuse entry or access to any officer, employee or authorized representative of the department who requests entry or access 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 that relate to compliance status.
History:  1989 a. 335; 1995 a. 227 s. 920; Stats. 1995 s. 287.93.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.95 - Penalties concerning land disposal and incineration; citations.

287.95
Penalties concerning land disposal and incineration; citations.
(1)
Any person who violates s. 287.07 (1m), (4m), or (5) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
(2)
(a)
Any person who violates s. 287.07 (2) or 287.08 before January 1, 1995, is not subject to a penalty.
(b)
After December 31, 1994, any person who violates s. 287.07 (2) or 287.08 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
(3)
(a)
Any person who violates s. 287.07 (3) and (4) before January 1, 1997, is not subject to a penalty.
(b)
After December 31, 1996, any person who violates s. 287.07 (3) and (4) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
(4)
The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for the violations under subs. (1), (2) (b) and (3) (b).
History:  1989 a. 335, 359; 1995 a. 227 s. 921; Stats. 1995 s. 287.95; 2009 a. 50, 86; 2011 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.97 - Penalties.

287.97
Penalties.
Any person who violates this chapter, except s. 287.07, 287.08, 287.17, or 287.81, or any rule promulgated under this chapter, except under s. 287.07, 287.08 or 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
History:  1989 a. 335; 1995 a. 227 s. 922; Stats. 1995 s. 287.97; 2009 a. 50.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.06 - Department duties.

289.06
Department duties.
The department shall:
(1)
Promulgate rules implementing and consistent with this chapter and ss. 292.31 and 292.35.
(2)
Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and ss. 292.31 and 292.35.
(3)
Encourage local units of government to handle solid waste disposal problems within their respective jurisdictions and on a regional basis, and provide technical and consultative assistance for that purpose.
(4)
Collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and ss. 292.31 and 292.35.
(5)
Organize a comprehensive and integrated program to enhance the quality, management and protection of the state's land and water resources.
(6)
Provide technical assistance for the closure of a solid waste disposal facility that is a nonapproved facility.
History:  1995 a. 227 s. 522, 991.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.07 - Department powers.

289.07
Department powers.
The department may:
(1)
Hold hearings relating to any aspect of the administration of this chapter and ss. 292.31 and 292.35 and, in connection therewith, compel the attendance of witnesses and the production of evidence.
(2)
Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
(3)
Advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
(4)
Conduct or direct scientific experiments, investigations, demonstration grants and research on any matter relating to solid waste disposal, including, but not limited to, land fill, disposal and utilization of junked vehicles, and production of compost.
History:  1995 a. 227 ss. 523, 525, 632.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.08 - Duties of metallic mining council.

289.08
Duties of metallic mining council.
(1)
The metallic mining council shall advise the department on the implementation of ss. 289.05, 289.21 to 289.32, 289.34, 289.42, 289.43, 289.46, 289.47, 289.62 to 289.64, 289.67, 289.68 and 292.31 and chs. 291 and 293 as those sections and chapters relate to metallic mining in this state.
(2)
The council shall serve as an advisory, problem-solving body to work with and advise the department on matters relating to the reclamation of mined land in this state and on methods of and criteria for the location, design, construction and operation and maintenance of facilities for the disposal of metallic mine-related wastes.
(3)
All rules proposed by the department relating to the subjects specified in this section shall be submitted to the council for review and comment prior to the time the rules are proposed in final draft form by the department. The department shall transmit the written comments of all members of the council submitting written comments with the summary of the proposed rules to the presiding officer of each house of the legislature under s. 227.19 (2).
(4)
Written minutes of all meetings of the council shall be prepared by the department and made available to all interested parties upon request.
History:  1979 c. 355; 1981 c. 374 s. 148; 1983 a. 410 s. 2202 (38); 1985 a. 182; 1995 a. 227 s. 629; Stats. 1995 s. 289.08.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.10 - County solid waste management plans.

289.10
County solid waste management plans.
(1)
Each county board individually or jointly with another county board may prepare and adopt a county solid waste management plan consistent with state criteria.
(2)
All county plans shall be submitted to the department for review. Within 90 days after submittal, the department shall approve or disapprove the plans. During its review, the department shall consult with the appropriate regional planning commission or other planning agency to determine whether any facility use and operation is in conflict with any plans adopted by such agency.
(3)
The department shall by rule adopt county solid waste management criteria for the development of the plans permitted under this section.
History:  1971 c. 130; 1973 c. 305; 1975 c. 20; 1977 c. 377; 1979 c. 34 s. 984rt; Stats. 1979 s. 144.437; 1981 c. 374 s. 148; 1983 a. 27; 1995 a. 227 s. 536; Stats. 1995 s. 289.10; 1997 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.11 - Federal aid.

289.11
Federal aid.
Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the development and administration of programs related to solid waste facilities if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of this chapter and any other applicable requirements of law.
History:  1979 c. 34; 1981 c. 374 s. 148; 1995 a. 227 s. 527; Stats. 1995 s. 289.11.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.12 - Landfill official liability.

289.12
Landfill official liability.
(1)
Definition. As used in this section, “landfill official" means any officer, official, agent or employee of the state, a political corporation, governmental subdivision or public agency engaged in the planning, management, operation or approval of a solid or hazardous waste disposal facility.
(2)
Exemption from liability. A landfill official is immune from civil prosecution for good faith actions taken within the scope of his or her official duties under this chapter or ch. 291 or 292.
History:  1983 a. 410; Stats. 1983 s. 144.795; 1983 a. 538 s. 158; Stats. 1983 s. 144.446; 1995 a. 227 s. 627; Stats. 1995 s. 289.12.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.21 - Initial site report.

289.21
Initial site report.
(1)
Initial site report required. Prior to constructing a landfill, the person who seeks to construct the facility shall submit to the department an initial site report. The department shall specify by rule the minimum contents of an initial site report.
(2)
Determination if initial site report is complete. Within 30 days after an initial site report is submitted, the department shall either determine that the initial site report is complete or notify the applicant in writing that the initial site report is not complete and specify the information which is required to be submitted before the initial site report is complete. The department shall notify the applicant in writing when the initial site report is complete.
History:  1995 a. 227 s. 543.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.22 - Local approval.

289.22
Local approval.
(1)
Definition. In this section, “local approval" has the meaning specified under s. 289.33 (3) (d).
(1m)
Application for local approvals required. Prior to constructing a solid waste disposal facility or hazardous waste facility, the applicant shall submit a written request for the specification of all applicable local approvals to each affected municipality. Within 15 days after the receipt of a written request from the applicant, a municipality shall specify all local approvals for which applications are required or issue a statement that there are no applicable local approvals. Prior to constructing a solid waste disposal facility or a hazardous waste facility, the applicant shall apply for each local approval required to construct the waste handling portion of the facility.
(2)
Standard notice. The waste facility siting board shall develop and print a standard notice designed to inform an affected municipality of the time limits and requirements for participation in the negotiation and arbitration process under s. 289.33. An applicant shall submit a copy of this standard notice, if it has been printed, with any written request submitted under sub. (1m).
(3)
Attempts to obtain local approvals required. Following applications for local approvals under sub. (1m) and prior to submitting a feasibility report, any applicant subject to s. 289.33 shall undertake all reasonable procedural steps necessary to obtain each local approval required to construct the waste handling portion of the facility except that the applicant is not required to seek judicial review of decisions of the local unit of government.
(4)
Waiver of local approvals. If a local approval precludes or inhibits the ability of the applicant to obtain data required to be submitted under s. 289.21 (1) or in a feasibility report or environmental impact report, the applicant may petition the department to waive the applicability of the local approval to the applicant. If a petition is received, the department shall promptly schedule a hearing on the matter and notify the local government of the hearing. If the department determines at the hearing that the local approval is unreasonable, the department shall waive the applicability of the local approval to the applicant.
(5)
Compliance required. Except as provided under sub. (4), no person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of subs. (1m) and (3).
History:  1995 a. 227 s. 545; 2015 a. 197 s. 51.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.23 - Feasibility report required; distribution; public notice.

289.23
Feasibility report required; distribution; public notice.
(1)
Feasibility report required. Prior to constructing a solid waste disposal facility or a hazardous waste facility the person who seeks to construct the facility shall submit to the department a feasibility report.
(2)
Local approval application prerequisite. No person subject to s. 289.33 may submit a feasibility report until the latest of the following periods:
(a)
At least 120 days after the person submits applications for all applicable local approvals specified as required by the municipality under s. 289.22 (1m).
(b)
At least 120 days after the receipt by the applicant of a statement by the municipality that there are no applicable local approvals.
(c)
At least 120 days after the deadline for the municipal response under s. 289.22 (1m) if the municipality does not respond within that time limit.
(3)
Compliance required. No person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of ss. 289.23 to 289.29.
(4)
Distribution of feasibility report. At the same time an applicant submits a feasibility report to the department, the applicant shall submit a copy of that feasibility report to each participating municipality under s. 289.33 (6) (b).
(5)
Notification of proposed facility. Immediately upon receipt of a feasibility report the department shall send a notice to the persons specified under s. 289.32 containing a brief description of the proposed facility and a statement that the applicant is required to send a copy of the feasibility report after it is determined to be complete by the department.
History:  1995 a. 227 s. 547, 549, 551.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.25 - Environmental review.

289.25
Environmental review.
(1)
Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5).
(2)
Environmental impact statement process. If an environmental impact statement is required, the department shall conduct the hearing required under s. 1.11 (2) (d) in an appropriate place it designates in a county, city, village or town which would be substantially affected by the operation of the proposed facility. The hearing on the environmental impact statement is not a contested case. The department shall issue its determination of the adequacy of the environmental impact statement within 30 days after the close of the hearing. Except as provided under s. 293.43, the department shall complete any environmental impact statement process required under s. 1.11 before proceeding with the feasibility report review process under sub. (3) and ss. 289.26 and 289.27.
(3)
Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility, and shall publish the notice on its Internet website. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet website shall be considered the date of notice.
History:  1995 a. 227 ss. 552, 991; 2011 a. 167; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.26 - Informational hearing.

289.26
Informational hearing.
(1)
Request for an informational hearing. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25 (3) is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request for an informational hearing on the matter with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.
(2)
Applicability. This section applies if no request for the treatment of the hearing as a contested case is granted and if:
(a)
An informational hearing is requested under sub. (1) within the 30-day or 45-day period; or
(b)
No hearing is requested under sub. (1) within the 30-day or 45-day period but the department determines that there is substantial public interest in holding a hearing.
(3)
Nonapplicability; hearing conducted as a part of certain mining hearings. Notwithstanding sub. (2) this section does not apply if a hearing on the feasibility report is conducted as a part of a hearing under s. 293.43 and the time limits, notice and hearing provisions in that section supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3) and this section.
(4)
Informational hearing. The department shall conduct the informational hearing within 60 days after the expiration of the 30-day or 45-day period under sub. (1). The department shall conduct the informational hearing in an appropriate place designated by the department in a county, city, village or town which would be substantially affected by the operation of the proposed facility.
(5)
Issuance of final determination of feasibility. Except as provided under s. 289.29 (5), the department shall issue a final determination of feasibility within 60 days after the informational hearing under this section is adjourned.
History:  1995 a. 227 ss. 553, 563, 991.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.27 - Contested case hearing.

289.27
Contested case hearing.
(1)
Request for treatment as a contested case. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25 (3) is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request that the hearing under s. 289.26 (1) be treated as a contested case, as provided under s. 227.42. A county, city, village or town, the applicant or any 6 or more persons have a right to have the hearing treated as a contested case only if:
(a)
A substantial interest of the person requesting the treatment of the hearing as a contested case is injured in fact or threatened with injury by the department's action or inaction on the matter;
(b)
The injury to the person requesting the treatment of the hearing as a contested case is different in kind or degree from injury to the general public caused by the department's action or inaction on the matter; and
(c)
There is a dispute of material fact.
(2)
Applicability. This section applies only if a person requests the treatment of the hearing as a contested case under sub. (1) within the 30-day or 45-day period and has a right to a hearing under that subsection. Any denial of a request for the treatment of the hearing as a contested case received within the 30-day or 45-day period under sub. (1) shall be in writing, shall state the reasons for denial and is an order reviewable under ch. 227. If the department does not enter an order granting or denying the request for the treatment of the hearing as a contested case within 20 days after the written request is filed, the request is deemed denied.
(3)
Nonapplicability. Notwithstanding sub. (2), this section does not apply if a hearing on the feasibility report is conducted as a part of a hearing under s. 293.43 and the time limits, notice and hearing provisions under that section supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3) and this section.
(4)
Time limits. Except as provided under s. 289.29 (5):
(a)
The division of hearings and appeals in the department of administration shall schedule the hearing to be held within 120 days after the expiration of the 30-day or 45-day period under sub. (1).
(b)
The final determination of feasibility shall be issued within 90 days after the hearing is adjourned.
(5)
Determination of need; decision by hearing examiner. If a contested case hearing is conducted under this section, the secretary shall issue any decision concerning determination of need, notwithstanding s. 227.46 (2) to (4). The secretary shall direct the hearing examiner to certify the record of the contested case hearing to him or her without an intervening proposed decision. The secretary may assign responsibility for reviewing this record and making recommendations concerning the decision to any employee of the department.
History:  1995 a. 227 s. 554, 565, 991.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.28 - Determination of need.

289.28
Determination of need.
(1)
Determination of need; issues considered. A feasibility report shall contain an evaluation to justify the need for the proposed facility unless the facility is exempt under sub. (2). The department shall consider the following issues in evaluating the need for the proposed facility:
(a)
An approximate service area for the proposed facility which takes into account the economics of waste collection, transportation and disposal.
(b)
The quantity of waste suitable for disposal at the proposed facility generated within the anticipated service area.
(c)
The design capacity of the following facilities located within the anticipated service area of the proposed facility:
1.
Approved facilities, including the potential for expansion of those facilities on contiguous property already owned or controlled by the applicant.
2.
Nonapproved facilities which are environmentally sound. It is presumed that a nonapproved facility is not environmentally sound unless evidence to the contrary is produced.
3.
Other proposed facilities for which feasibility reports are submitted and determined to be complete by the department.
4.
Facilities for the recycling of solid waste or for the recovery of resources from solid waste which are licensed by the department.
5.
Proposed facilities for the recycling of solid waste or for the recovery of resources from solid waste which have plans of operation which are approved by the department.
6.
Solid waste incinerators licensed by the department.
7.
Proposed solid waste incinerators which have plans of operation which are approved by the department.
(d)
If the need for a proposed municipal facility cannot be established under pars. (a) to (c), the extent to which the proposed facility is needed to replace other facilities of that municipality at the time those facilities are projected to be closed in the plans of operation.
(2)
Determination of need; exempt facilities. Subsections (1) and (3) and ss. 289.24 (1) (f) and 289.29 (1) (d) do not apply to:
(a)
Any facility which is part of a prospecting or mining operation with a permit under s. 293.45 or 293.49.
(b)
Any solid waste disposal facility designed for the disposal of waste generated by a pulp or paper mill.
(3)
Issuance of determination of need. Except for a facility which is exempt under sub. (2), the department shall issue a determination of need for the proposed facility at the same time the final determination of feasibility is issued. If the department determines that there is insufficient need for the facility, the applicant may not construct or operate the facility.
History:  1995 a. 227 ss. 556, 557, 560, 991.
Municipal replacement facilities are not exempt from the needs determination. 77 Atty. Gen. 81.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.32 - Distribution of documents.

289.32
Distribution of documents.
One copy of the notice or documents required to be distributed under ss. 289.21 to 289.31 shall be mailed to:
(1)
The clerk of each affected municipality.
(2)
The main public library in each affected municipality.
(3)
The applicant if the notice or document is not required to be distributed by the applicant.
History:  1995 a. 227 s. 571.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.34 - Noncompliance with plans or orders.

289.34
Noncompliance with plans or orders.
(1)
In this section, “applicant" means any natural person, partnership, association or body politic or corporate that seeks to construct a solid waste disposal facility or hazardous waste facility under ss. 289.21 to 289.32.
(2)
The department may not issue a favorable determination of feasibility, approve a plan of operation or issue an operating license for a solid waste disposal facility or hazardous waste facility if the applicant or any person owning a 10 percent or greater legal or equitable interest in the applicant or the assets of the applicant either:
(a)
Is named in and subject to a plan approved, or an order issued, by the department regarding any solid waste facility or hazardous waste facility in this state and is not in compliance with the terms of the plan or order; or
(b)
Owns or previously owned a 10 percent or greater legal or equitable interest in a person or the assets of a person who is named in and subject to a plan approved, or an order issued, by the department regarding any solid waste facility or hazardous waste facility in this state and the person is not in compliance with the terms of the plan or order.
(3)
Subsection (2) does not apply if the person named in and subject to the plan or order provides the department with proof of financial responsibility ensuring the availability of funds to comply with the plan or order using a method under s. 289.41.
History:  1995 a. 227 s. 572.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.35 - Shoreland and floodplain zoning.

289.35
Shoreland and floodplain zoning.
Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30, and 281.31, except that the department may issue permits authorizing facilities in such areas. If the department issues a permit under this section, the permit shall specify the location, height, and size of the solid waste facility authorized under the permit.
History:  1981 c. 374 s. 148; 1983 a. 416 s. 19; 1995 a. 201; 1995 a. 227 s. 638; Stats. 1995 s. 289.35; 2013 a. 1, 80.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.36 - Acquisition of property by condemnation.

289.36
Acquisition of property by condemnation.
(1)
Definition. In this section, “property" includes any interest in land including an estate, easement, covenant or lien, any restriction or limitation on the use of land other than those imposed by exercise of the police power, any building, structure, fixture or improvement and any personal property directly connected with land.
(2)
Property may be condemned. Notwithstanding s. 32.03, property intended for use as a solid or hazardous waste facility may be condemned if all of the following conditions are met:
(a)
The entity proposing to acquire the property for use as a solid or hazardous waste facility has authority to condemn property for this purpose.
(b)
The property is determined to be feasible for use as a solid or hazardous waste facility by the department if that determination is required under s. 289.29.
(c)
The property is acquired by purchase, lease, gift or condemnation by a municipality, public board or commission or any other entity, except for the state, so as to bring the property within the limitations on the exercise of the general power of condemnation under s. 32.03 within:
1.
Five years prior to the determination of feasibility if a determination of feasibility is required for the facility under s. 289.29.
2.
Five years prior to the service of a jurisdictional offer under s. 32.06 (3) if a determination of feasibility is not required for the facility under s. 289.29.
History:  1981 c. 374; 1995 a. 227 s. 628; Stats. 1995 s. 289.36.
2023 Wisconsin Statutes & Annotations › Chapter 289 - Solid waste facilities. › 289.44 - Exemption for certain alcohol fuel production systems.

289.44
Exemption for certain alcohol fuel production systems.
(1)
Definitions. As used in this section:
(a)
“Distillate waste product" means solid, semisolid or liquid by-products or wastes from the distillation or functionally equivalent process of an alcohol fuel production system.
(b)
“Environmentally sound storage facility" means a facility, including a holding lagoon, which is used to store distillate waste products so that no waste products from the facility enter or leach into the waters of the state.
(c)
“Private alcohol fuel production system" means an alcohol fuel production system from which no alcohol is sold and from which all the alcohol is used as a fuel by the owner.
(2)
Exemption. No permit, license or plan approval is required under this chapter for the owner of a private alcohol fuel production system to establish, construct or operate a system for the treatment, storage or disposal of distillate waste products if the distillate waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe land spreading technique and the storage, treatment or disposal is confined to the property of the owner.
History:  1979 c. 221; 1995 a. 227 s. 537.