2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.07 - Prohibitions on land disposal and incineration.

287.07
Prohibitions on land disposal and incineration.
(1m)
Batteries, major appliances and oil. No person may:
(a)
Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with s. 299.45 (7), if applicable.
(am)
Burn a lead acid battery or a major appliance in a solid waste treatment facility in this state.
(b)
Dispose of waste oil in a solid waste disposal facility or burn waste oil without energy recovery in a solid waste treatment facility in this state.
(2)
Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ch. 289, or burn yard waste without energy recovery in a solid waste facility in this state.
(3)
Waste tires. Beginning on January 1, 1995, no person may dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire without energy recovery in a solid waste treatment facility in this state.
(4)
General disposal restrictions. Beginning on January 1, 1995, no person may dispose of in a solid waste disposal facility, convert into fuel, or burn at a solid waste treatment facility in this state any of the following:
(a)
An aluminum container.
(b)
Corrugated paper or other container board.
(c)
Foam polystyrene packaging.
(d)
A glass container.
(f)
A magazine or other material printed on similar paper.
(g)
A newspaper or other material printed on newsprint.
(h)
Office paper.
(i)
A plastic container.
(j)
A steel container.
(k)
A container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum.
(4e)
General restrictions on placing in container.
(a)
Beginning on July 1, 2011, no person may place in a container the contents of which will be disposed of in a solid waste disposal facility, converted into fuel, or burned at a solid waste treatment facility any of the items identified in sub. (4) (a) to (k).
(b)
Beginning on July 1, 2011, no person may place a waste tire in a container the contents of which will be disposed of in a solid waste disposal facility or burned without energy recovery in a solid waste treatment facility.
(4m)
Oil filters and oil absorbent materials.
(a)
In this subsection:
1.
“Automotive engine oil" has the meaning given in s. 287.15 (1) (a).
2.
“Oil absorbent materials" means materials that are used to absorb waste oil.
3.
“Oil filter" means a filter for automotive engine oil.
4.
“Waste oil" means any petroleum-derived or synthetic oil that has been used or spilled.
(b)
Beginning on January 1, 2011, no person may dispose of a used oil filter in a solid waste disposal facility.
(bm)
Beginning on April 7, 2012, no person may dispose of oil absorbent materials containing waste oil in a solid waste disposal facility unless all of the following apply:
1.
Waste oil has been drained so that no visible signs of free-flowing oil remain in or on the oil absorbent materials.
2.
The oil absorbent materials are not hazardous waste, as defined in s. 289.01 (12).
(5)
Electronic devices.
(a)
Beginning on September 1, 2010, no person may dispose of in a solid waste disposal facility, burn in a solid waste treatment facility, or place in a container the contents of which will be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility, any of the following devices, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):
1.
A peripheral, as defined in s. 287.17 (1) (j).
3.
A facsimile machine.
4.
A digital video disc player.
5.
A digital video player that does not use a disc and that is not a camera, as defined in s. 287.17 (1) (a).
6.
A video cassette recorder.
7.
A video recorder that does not use a cassette and that is not a camera, as defined in s. 287.17 (1) (a).
8.
A covered electronic device, as defined in s. 287.17 (1) (f).
9.
A telephone with a video display.
10.
Another kind of electronic device identified by the department under s. 287.17 (10) (i).
(b)
The operator of a solid waste disposal facility or a solid waste treatment facility shall make a reasonable effort to manually separate, and arrange to have recycled, a consumer video display device, as defined in s. 287.17 (1) (em), that is readily observable in solid waste that is delivered to the facility for disposal or burning unless the operator determines that one of the following applies:
1.
Separating the device is not practical or would require the operator to implement measures to protect human health or safety in addition to any measures taken in the ordinary course of business.
2.
The device has been damaged in such a way that recycling is not feasible or practical.
(7)
Exceptions.
(a)
The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.
(b)
1.
In this paragraph:
a.
“Current service area" means the area served by a solid waste treatment facility under a contract that is in effect on January 1, 1993, and has a term of at least one year.
b.
“Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 285.60 or 289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in par. (c) 1. cr.
2.
A prohibition in sub. (3) or (4) (b), (c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.
3.
The prohibitions in subs. (3) and (4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.
(bg)
The prohibitions in subs. (1m) to (4) do not apply to a person who burns solid waste at a facility that uses solid waste as a supplemental fuel if less than 30 percent of heat input to the facility is derived from the solid waste burned as supplemental fuel.
(c)
1.
In this paragraph:
a.
“Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, optometric or veterinary care and treatment.
b.
“Hospital" has the meaning given in s. 50.33 (2).
c.
“Infectious waste" means solid waste that contains pathogens with sufficient virulence and in sufficient quantity that exposure of a susceptible human or animal to the solid waste could cause the human or animal to contract an infectious disease.
cg.
“Medical waste" means containers, packages and materials identified under sub. (4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
cr.
“Medical waste incinerator" means a solid waste treatment facility that primarily burns infectious waste and other waste that contains or may be mixed with infectious waste.
d.
“Nursing home" has the meaning given in s. 50.01 (3).
e.
“Treatment area" means a room or area in a hospital or clinic the primary use of which is to provide emergency care, diagnosis or radiological treatment; an obstetrics delivery room in a hospital, other than a patient's room; or a room or area in a hospital, clinic or nursing home, identified by the department by rule, in which infectious waste is generated.
2.
The prohibitions in subs. (4) and (4e) do not apply with respect to any of the following:
a.
The burning of medical waste in a medical waste incinerator or other incinerator approved by the department to accept and burn medical waste, except as provided in subd. 3.
b.
The disposal of, in a solid waste disposal facility, or the placing of, in a container the contents of which will be disposed of in a solid waste facility, a container, package or material identified under sub. (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ch. 289, to render the infectious waste noninfectious.
3.
A person may not burn medical waste at a medical waste incinerator unless the person complies with s. 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under sub. (8) (a) and the annual assessment under sub. (8) (b).
(cm)
The prohibition in sub. (2) does not apply to the disposal of plants that are classified by the department as invasive species under s. 23.22 (2) or their seeds, if the plants or seeds are not commingled with other yard waste.
(d)
The department may grant, to a responsible unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.
(e)
The department may grant a waiver to the prohibition in sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under chs. 281, 285 and 289 to 299 under conditions established by the department relating to the feasibility of complying with the prohibition in sub. (2).
(f)
The prohibitions in subs. (2) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.
(g)
1.
Except as provided in subd. 2., the department may grant a waiver or conditional waiver to a restriction in sub. (3) or (4) if all of the following apply:
a.
The applicant shows to the satisfaction of the department that the recyclable material has been contaminated and cannot feasibly be cleaned for recycling.
b.
The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 287.05.
2.
The department may not grant a waiver or a conditional waiver under subd. 1. for material that has been intentionally or negligently contaminated.
(h)
1.
The department may grant a waiver or conditional waiver to a restriction under sub. (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:
a.
Recycling of the material is not feasible or practical in light of current markets or available technologies.
b.
Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 287.05.
2.
A waiver or conditional waiver under this paragraph shall continue in effect until one year after the department determines that a condition under subd. 1. a. or b. is no longer met.
(i)
The prohibitions in sub. (4) (c) and (i) do not apply if the packaging or container is processed at a pyrolysis facility, as defined in s. 289.01 (27m), or a gasification facility, as defined in s. 289.01 (9m).
(8)
Medical waste source reduction policy.
(a)
A generator of medical waste that sends waste to a medical waste incinerator shall develop policies concerning reduction of medical waste, as defined in sub. (7) (c) 1. cg., including all of the following:
1.
Education and training of staff.
2.
Alternatives, including sterilization, to the use of disposable equipment.
3.
An annual assessment of the medical waste source reduction policy.
(b)
The generator shall submit the source reduction policy and the annual assessment to the operator of the medical waste incinerator.
(c)
The operator of the medical waste incinerator shall retain a copy of the source reduction policy and the annual assessment and provide it to the department upon request. The department may analyze and disseminate the information that it obtains under this paragraph.
(d)
The department may charge a fee for the analysis of a source reduction policy and assessment.
History:  1989 a. 335 ss. 66e, 76; 1991 a. 32, 269, 300; 1993 a. 245, 419; 1995 a. 27, 142; 1995 a. 227 s. 889; Stats. 1995 s. 287.07; 1997 a. 27; 2009 a. 50, 55, 86; 2011 a. 32, 152; 2013 a. 168; 2017 a. 284.
Note:  The 7th circuit court of appeals in National Solid Waste Management Assn. v. Meyer, 165 F.3d 1151 (1999), held unconstitutional the requirement that out-of-state waste may not be disposed of in this state unless the originating community enacts an ordinance in compliance with Wisconsin's recycling program.