reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.68 - Certificates of completion and release of security.

295.68
Certificates of completion and release of security.
(1)
Upon the petition of the operator, but not less than 4 years after notification to the department by the operator of the completion of the reclamation plan or not less than one year after notification to the department by the operator of the completion of the reclamation plan as to a portion of the mining site, if the department finds that the operator has completed reclamation of any portion of the mining site in accordance with the reclamation plan and this subchapter, the department shall issue a certificate of completion setting forth a description of the area reclaimed and a statement that the operator has fulfilled its duties under the reclamation plan as to that area.
(2)
Upon the issuance of any certificate of completion under sub. (1) for any portion of the mining site, but not for the entire mining site, the department shall allow the operator to reduce the amount of the bond or other security provided under s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion of the mining site that is disturbed or for which reclamation has been completed but no certificate of completion has been issued.
(3)
Upon issuance of a certificate or certificates of completion of reclamation for the entire mining site, the department shall require the operator to maintain a bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to the state of reclamation of the entire mining site, except that if the mining site in the mining plan is less than 10 acres, the department may release the bond or other security after issuance of the certificate of completion for the entire mining site.
(4)
After 10 years after the issuance of a certificate or certificates of completion for the entire mining site, the department shall release the remaining bond or other security provided under s. 295.59 (1) if the department finds that the reclamation plan has been complied with.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.695 - Inspections by the department.

295.695
Inspections by the department.
(1)
Any duly authorized officer, employee, or representative of the department who has received the safety training under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at which any mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and rules promulgated under those chapters that are applicable to the mining operation. No person may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials.
(2)
No person may obstruct, hamper, or interfere with any inspection authorized in sub. (1).
(3)
The department shall furnish to the operator a written report on any inspection setting forth all observations, relevant information, and data that relate to compliance status.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.75 - Effect of other laws.

295.75
Effect of other laws.
(1)
Except as provided in sub. (2), if there is a conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 31, 160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters, the provision in this subchapter controls.
(2)
(a)
If there is a conflict between a provision in this subchapter and a provision in s. 281.343, the provision in s. 281.343 controls.
(b)
If there is a conflict between a provision in this subchapter and a provision in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9) (a).
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.79 - Enforcement; penalties.

295.79
Enforcement; penalties.
(1)
The department of justice shall enforce this subchapter and any order issued under this subchapter. The circuit court of the county where the violation occurred has jurisdiction to enforce this subchapter or any orders issued under this subchapter, by injunction or other appropriate relief.
(2)
(a)
Any person who authorizes or engages in mining without a mining permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits obtained from those illegal activities and not more than $5,000 for each day during which the mine was in operation.
(b)
A person to whom par. (a) applies is also liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining.
(c)
If the violator of par. (a) is a corporation, limited liability company, partnership, or association, any officer, director, member, manager, or partner who knowingly authorizes, supervises, or contracts for mining is also subject to the penalties in this subsection.
(3)
Any person who makes or causes to be made in an application or report required by this subchapter a statement known to the person to be false or misleading in any material respect or who refuses to submit information required by a mining permit or by this subchapter may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the mining permit and the mining permit would not have been issued had the false or misleading statement not been made, the court may revoke the mining permit. If any violation under this subsection is repeated the court may revoke the mining permit.
(4)
(a)
Any person who commits a violation of this subchapter or any permit or order issued under this subchapter, except for the violations enumerated in subs. (2) and (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense, except that no forfeiture may be imposed during the time that continued mining is authorized under s. 295.63 (3). While an order is suspended, stayed, or enjoined, this 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. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
(5)
Any person having an interest that is or may be adversely affected may intervene as a matter of right, in any enforcement action brought under this section.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.01 - Definitions.

299.01
Definitions.
In this chapter, unless the context requires otherwise:
(3)
“Department" means the department of natural resources.
(4)
“Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
(5)
“Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of rock or soil.
(6)
“Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
(7)
“Industrial wastes" include liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.
(8)
“Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
(9)
“Other wastes" include all other substances, except industrial wastes and sewage, which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.
(10)
“Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
(11)
“Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments and public buildings, as defined in s. 101.01 (12), with such surface water or groundwater as may be present.
(12)
“Sewerage system" means all structures, conduits and pipe lines by which sewage is collected and disposed of, except plumbing inside and in connection with buildings served, and service pipes from building to street main.
(13)
“Wastewater" means all sewage.
History:  1995 a. 227 s. 996.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.08 - License denial, nonrenewal, suspension or restriction based on failure to pay support.

299.08
License denial, nonrenewal, suspension or restriction based on failure to pay support.
(1)
(a)
Except as provided in par. (am), the department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:
1.
A registration or license under s. 280.15.
2.
A certification under s. 281.17 (3).
3.
A license or certification under s. 281.48 (3).
4.
A certification under s. 285.51 (2).
5.
A certification under s. 289.42 (1).
6.
A license under s. 291.23.
6m.
A certification or registration under s. 292.63 (2) (g).
7.
A license under s. 299.51 (3) (c).
(am)
1.
If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of children and families.
2.
A license, registration or certification specified in par. (a) that is issued in reliance on a statement submitted under subd. 1. is invalid if the statement is false.
(b)
The department may not disclose any information received under par. (a) to any person except as follows:
1.
To the department of children and families in accordance with a memorandum of understanding under s. 49.857.
2.
If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the purpose of requesting certifications under s. 108.227.
(2)
The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.
History:  1997 a. 191, 237; 1999 a. 9, 32; 2005 a. 360; 2007 a. 20; 2013 a. 20, 36.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.09 - Military training or experience.

299.09
Military training or experience.
(1)
In this section, “approval" means a well driller license under s. 280.15 (2m), certification for an incinerator operator under s. 285.51 (2), certification for an operator of a solid waste disposal facility under s. 289.42 (1), or certification of a consultant under s. 292.63 (2) (g).
(2)
Any relevant experience or training that an applicant for an approval has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying the requirements for experience or training for the approval if the applicant demonstrates to the satisfaction of the department that the experience or training obtained by the applicant is substantially equivalent to the education or training required for the approval.
History:  2011 a. 120; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.17 - Website information.

299.17
Website information.
To the greatest extent possible, the department shall publish on the department's Internet website the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.
History:  2011 a. 167; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.21 - Gifts and grants.

299.21
Gifts and grants.
The department may accept gifts and grants from any private or public source for any purpose relating to its environmental quality functions and may expend or use such gifts and grants for the purposes for which received.
History:  1991 a. 39 s. 2553; Stats. 1991 s. 144.965; 1995 a. 227 s. 823; Stats. 1995 s. 299.21.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.23 - Financial interest prohibited.

299.23
Financial interest prohibited.
The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.
History:  1979 c. 221 s. 621; Stats. 1979 s. 144.952; 1983 a. 410 s. 74; Stats. 1983 s. 144.97; 1995 a. 227 s. 825; Stats. 1995 s. 299.23.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.31 - Groundwater protection.

299.31
Groundwater protection.
The department shall comply with the requirements of ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
History:  1983 a. 410; 1995 a. 227 s. 819; Stats. 1995 s. 299.31.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.43 - Collection and disposal of products containing 2,4,5-T and silvex.

299.43
Collection and disposal of products containing 2,4,5-T and silvex.
(1)
Authorization. The department is authorized to establish facilities for the collection and disposal of pesticide products prohibited from use under s. 94.707. The department may establish the location of these facilities and the dates and times when the facilities are open.
(2)
Restrictions. The department shall restrict the persons who may use any facility established under sub. (1) so that:
(a)
No person who is regularly engaged in the business of manufacturing, selling, distributing or transporting pesticides may use the facility.
(b)
No person who is a certified commercial applicator or a certified nonresident commercial applicator under s. 94.705 may use the facility.
(c)
No person who is licensed under s. 289.31, 291.23 or 291.25 may use the facility.
History:  1983 a. 397; 1987 a. 27; 1995 a. 227 s. 717; Stats. 1995 s. 299.43.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.47 - Sale and delivery of dry cleaning solvent.

299.47
Sale and delivery of dry cleaning solvent.
(1)
In this section:
(a)
“Dry cleaning facility" has the meaning given in s. 292.65 (1) (d).
(b)
“Dry cleaning solvent" has the meaning given in s. 292.65 (1) (e).
(c)
“Owner" means a person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility.
(2)
A supplier of dry cleaning solvent may not sell or deliver to the owner or operator of a dry cleaning facility any dry cleaning solvent unless the dry cleaning facility is licensed under s. 77.9961 (2).
(3)
Any person who violates sub. (2) may be required to forfeit not more than $500 for each violation.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.48 - Fire fighting foam containing PFAS.

299.48
Fire fighting foam containing PFAS.
(1)
Definitions. In this section:
(a)
“Class B fire fighting foam” means a foam designed for use on a flammable liquid fire, and may include a dual action Class A and B foam.
(b)
“PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
(c)
“Testing” includes testing of a fire fighting foam to evaluate its effectiveness and testing of a fire fighting foam delivery system or equipment.
(d)
“Training” means providing first-hand field experience to a person who may use a fire fighting foam as part of an emergency fire fighting or fire prevention operation.
(2)
Prohibition. Except as provided under sub. (3), no person may use or otherwise discharge, including for training purposes, a class B fire fighting foam that contains intentionally added PFAS.
(3)
Exemptions. The prohibition under sub. (2) does not apply to any of the following:
(a)
The use or discharge of a class B fire fighting foam that contains intentionally added PFAS as part of an emergency fire fighting or fire prevention operation.
(b)
The use of class B fire fighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal or storage measures to prevent discharges of the foam to the environment. Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging the foam into a storm or sanitary sewer.
(3m)
Notification; safety data sheets.
(a)
A person who uses or discharges a fire fighting foam under the exemption in sub. (3) (a) shall notify the department of the use or discharge immediately or as soon as practicable without hindering fire fighting or fire prevention operations. A person who possesses a fire fighting foam that may be used under the exemption in sub. (3) (a) shall request and retain any safety data sheets relating to the fire fighting foam and shall make them available to the department for examination after providing the notice under this paragraph.
(b)
A person who uses a fire fighting foam under the exemption in sub. (3) (b) shall notify the department immediately of any discharge of the foam to the environment.
(4)
Construction. Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a class B fire fighting foam that contains intentionally added PFAS.
(5)
Rules. The department shall promulgate rules to implement and administer this section, including to determine appropriate containment, treatment, and disposal or storage measures for testing facilities under sub. (3) (b).
History:  2019 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.50 - Products containing synthetic plastic microbeads.

299.50
Products containing synthetic plastic microbeads.
(1)
Definitions. In this section:
(a)
“Over-the-counter drug" means a substance or product that may be dispensed without a prescription and that contains a label which identifies the product as a drug as required by 21 CFR 201.66 and which includes a drug facts panel or a statement of the active ingredient or ingredients with a list of those ingredients contained in the compound, substance, or preparation.
(b)
“Personal care product" means any article, or a component of any article, that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance, except that “personal care product" does not include a prescription drug.
(c)
“Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes throughout their life cycle and after their disposal.
(d)
“Political subdivision" means a city, village, town, or county.
(e)
“Synthetic plastic microbead" means any intentionally added non-biodegradable, solid plastic particle measuring less than 5 millimeters at its largest dimension that is used to exfoliate or cleanse in a product that is intended to be rinsed off.
(2)
Restrictions.
(a)
Beginning on December 31, 2017, no person may produce or manufacture a personal care product containing synthetic plastic microbeads, except for a product that is an over-the-counter drug.
(b)
Beginning on December 31, 2018, no person may do any of the following:
1.
Accept for sale a personal care product containing synthetic plastic microbeads, except for a product that is an over-the-counter drug.
2.
Produce or manufacture a personal care product that is an over-the-counter drug containing synthetic plastic microbeads.
(c)
Beginning on December 31, 2019, no person may accept for sale a personal care product that is an over-the-counter drug containing synthetic plastic microbeads.
(3)
Penalty and enforcement. Any person who violates sub. (2) may be required to forfeit not more than $500 for each violation. The department or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive relief for any violation of this section.
(4)
Local regulation.
(a)
A political subdivision may not enact an ordinance or adopt a resolution concerning the manufacture, sale, or distribution of products containing synthetic plastic microbeads.
(b)
If a political subdivision has in effect on July 3, 2015, an ordinance or resolution that is inconsistent with par. (a), the ordinance or resolution does not apply and may not be enforced.
History:  2015 a. 43.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.51 - Medical waste management.

299.51
Medical waste management.
(1)
Definitions. In this section:
(a)
“Clinic" has the meaning given in s. 287.07 (7) (c) 1. a.
(am)
“Manifest" means a form used for identifying the quantity, composition, origin, routing and destination of medical waste during its transport and disposal.
(b)
“Medical waste" means infectious waste, as defined in s. 287.07 (7) (c) 1. c., and other waste that contains or may be mixed with infectious waste.
(bm)
“Nursing home" has the meaning given in s. 50.01 (3).
(c)
“Solid waste disposal" has the meaning given in s. 289.01 (34).
(d)
“Solid waste facility" has the meaning given in s. 289.01 (35).
(e)
“Solid waste treatment" has the meaning given in s. 289.01 (39).
(2)
Medical waste reduction. Except as provided under sub. (3) (am), every clinic, nursing home and hospital shall implement a policy for the reduction of the amount of medical waste generated as required by the department by rule.
(3)
Rules. The department shall promulgate rules that do all of the following:
(a)
Establish requirements for medical waste reduction by hospitals.
(am)
Exempt types of generators of medical waste that generate less than 50 pounds of medical waste per month from the requirement under sub. (2).
(b)
Establish requirements for packaging, handling, shipping and transporting medical waste.
(c)
Require a license for persons who transport medical waste and impose a fee for that license, except that the department may not impose a fee on an individual who is eligible for the veterans fee waiver program under s. 45.44.
(d)
Require the use of manifests to monitor the transport and disposal of medical waste.
(4)
Prohibitions.
(a)
No person may transport medical waste without a license issued by the department under sub. (3) (c).
(b)
No person may dispose of medical waste in a facility for solid waste disposal unless the medical waste has undergone solid waste treatment.
(5)
Penalty. Any person who violates sub. (4) (b) may be required to forfeit not more than $25,000. Each act of disposal in violation of sub. (4) (b) constitutes a separate offense.
History:  1991 a. 39, 300; 1995 a. 227 s. 643; Stats. 1995 s. 299.51; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.55 - Confidentiality of records; used oil collection facilities and used oil fuel facilities.

299.55
Confidentiality of records; used oil collection facilities and used oil fuel facilities.
(1)
Records. Except as provided under sub. (2), records and other information furnished to or obtained by the department in the administration of ss. 287.15 and 299.53 are public records subject to s. 19.21.
(2)
Confidential records.
(a)
Application. Any person subject to s. 287.15 or 299.53 may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of s. 287.15 or 299.53.
(b)
Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the applicant as relating to production or sales figures or to processes or production unique to the applicant or which would tend to adversely affect the competitive position of the applicant if made public.
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific applicant or facility or reveal records or other information granted confidential status.
(d)
Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of s. 287.15 or 299.53. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the applicant expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information.
History:  1987 a. 384; 1989 a. 335 s. 89; 1995 a. 227 s. 645; Stats. 1995 s. 299.55.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.62 - Environmental protection requirements for tank vessels.

299.62
Environmental protection requirements for tank vessels.
(1)
Definitions. In this section:
(a)
“Bulk" means an undivided quantity of a substance that is loaded directly into a vessel and is not divided into individual containers.
(am)
“Discharge" has the meaning given in s. 292.01 (3).
(b)
“Double hull" has the meaning given in 33 CFR 157.03 (kk).
(c)
“Hazardous material" has the meaning given in 46 USC 2101 (14).
(d)
“Oil" means hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.
(e)
“Tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.
(2)
Prohibition.
(a)
Except as provided in par. (b) or (c), no tank vessel of under 5,000 gross tons may transport oil or hazardous material in bulk on that part of the Mississippi River over which this state has jurisdiction from the northern boundary of the Upper Mississippi River National Wildlife and Fish Refuge to the southernmost point of the Upper Mississippi River National Wildlife and Fish Refuge in this state unless the tank vessel has a double hull.
(b)
Paragraph (a) does not apply to a tank vessel when the tank vessel and its crew are in danger due to extreme weather conditions.
(c)
Paragraph (a) does not apply to a self-propelled tank vessel or a tank vessel that is propelled by a towing vessel if a tugboat accompanies the self-propelled tank vessel or tank vessel and towing vessel.
(3)
Penalties.
(a)
Except as provided under par. (b), any person who owns or controls the movement of a tank vessel violating sub. (2) shall be required to forfeit not less than $5,000 nor more than $10,000.
(b)
Any person who owns or controls the movement of a tank vessel violating sub. (2) and who, within 5 years before the commission of the current violation, was previously convicted of violating sub. (2) shall be fined not less than $10,000 nor more than $25,000 or imprisoned for not more than 6 months or both.
(c)
In addition to any penalty under par. (a) or (b), any person who owns or controls the movement of a tank vessel violating sub. (2) from which oil or a hazardous material is discharged shall be required to forfeit triple the amount of the damage to the environment.
History:  1995 a. 290 s. 10; 1997 a. 35 s. 329.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.64 - Open burning on commercial vessels.

299.64
Open burning on commercial vessels.
(1)
Definitions. In this section:
(a)
“Commercial vessel" means a vessel that is operated to transport property or passengers for hire or used by its operator or owner to earn a livelihood.
(b)
“Open burning" has the meaning given in s. 289.51 (1) (b).
(2)
Prohibition. No person may engage in or permit open burning on a commercial vessel in the waters of the state.
(3)
Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (2).
(4)
Penalty. Any person who violates sub. (2) shall be required to forfeit no less than $100 nor more than $500.
History:  1995 a. 290 s. 11; 1997 a. 35 s. 330.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.66 - Inspecting vessels.

299.66
Inspecting vessels.
An employee or agent of the department may board and inspect any vessel that is subject to s. 299.62 or 299.64 to determine the state of compliance with those provisions.
History:  1995 a. 290 s. 13; 1997 a. 35 s. 331.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.91 - Hearings; procedure; review.

299.91
Hearings; procedure; review.
The department shall hold a public hearing relating to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants. The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of the order and all proceedings on the part of the complainants shall be stayed until the security is filed. The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to the last-known post-office address at least 20 days prior to the time set for the hearing. The hearing shall be held not later than 90 days after the filing of the complaint. The respondent shall file a verified answer to the complaint with the department and serve a copy on the person designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown. For purposes of any hearing under this section the hearing examiner may issue subpoenas and administer oaths. Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under ch. 227. If the department determines that any complaint was filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover the expenses of the hearing in a civil action. Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require clean-up action if it already existed, shall be considered potential environmental pollution. This section does not apply to any part of the process for approving a feasibility report, plan of operation or license under subch. III of ch. 289 or s. 291.23 or 291.25.
History:  1979 c. 176; 1979 c. 221 s. 633; Stats. 1979 s. 144.975; 1981 c. 374, 403; 1995 a. 227 s. 826; Stats. 1995 s. 299.91.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.93 - Environmental surcharge.

299.93
Environmental surcharge.
(1)
If a court imposes a fine or forfeiture for a violation of a provision of this chapter or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter or chs. 280 to 285 or 289 to 295, the court shall impose an environmental surcharge under ch. 814 equal to the following:
(a)
If the violation was committed before July 1, 2009, 10 percent of the amount of the fine or forfeiture.
(b)
If the violation was committed on or after July 1, 2009, 20 percent of the amount of the fine or forfeiture.
(2)
If a fine or forfeiture is suspended in whole or in part, the environmental surcharge shall be reduced in proportion to the suspension.
(3)
If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental surcharge under this section. If the deposit is forfeited, the amount of the environmental surcharge shall be transmitted to the secretary of administration under sub. (4). If the deposit is returned, the environmental surcharge shall also be returned.
(4)
The clerk of the court shall collect and transmit to the county treasurer the environmental surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the surcharge in the environmental fund.
History:  1991 a. 39; 1993 a. 27, 458; 1995 a. 201; 1995 a. 227 s. 831; Stats. 1995 s. 299.93; 2003 a. 33, 139, 326; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.95 - Enforcement; duty of department of justice; expenses.

299.95
Enforcement; duty of department of justice; expenses.
The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1), the circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
History:  1975 c. 39 s. 734; 1979 c. 34 s. 985g; 1979 c. 221; Stats. 1979 s. 144.98; 1981 c. 374; 1989 a. 284; 1993 a. 243; 1995 a. 27; 1995 a. 227 s. 829; Stats. 1995 s. 299.95; 1995 a. 290 s. 12; 1997 a. 35; 1999 a. 9; 2001 a. 6; 2003 a. 276; 2005 a. 347; 2013 a. 1, 69.
Note:  2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
That the violation of an order prohibiting pollution constitutes a public nuisance does not mean that there is no nuisance until an order is issued. State v. Dairyland Power Coop. 52 Wis. 2d 45, 187 N.W.2d 878 (1971).
The state need not show irreparable harm to obtain an injunction under this section. State v. C. Spielvogel & Sons, 193 Wis. 2d 464, 535 N.W.2d 28 (Ct. App. 1995).
2023 Wisconsin Statutes & Annotations › Chapter 299 - General environmental provisions. › 299.97 - Penalties and remedies.

299.97
Penalties and remedies.
(1)
Any person who violates this chapter, except s. 299.15 (1), 299.47 (2), 299.50 (2), 299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.
(2)
In addition to the penalties provided under sub. (1), 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 subsection. 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:  1979 c. 34 s. 987m; 1979 c. 221; Stats. 1979 s. 144.99; 1989 a. 336; 1991 a. 262, 300, 315; 1995 a. 27; 1995 a. 227 s. 830; Stats. 1995 s. 299.97; 1995 a. 290 s. 14; 1997 a. 35; 1999 a. 9; 2001 a. 109; 2003 a. 309; 2015 a. 43.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.001 - Purposes of chapters.

301.001
Purposes of chapters.
The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.
History:  1989 a. 31, 107; 1995 a. 27.
The Department of Corrections must follow its own rules. It is not harmless error for an agency to disobey its own procedural regulations. State ex rel. Anderson-El v. Cooke, 2000 WI 40, 234 Wis. 2d 626, 610 N.W.2d 821, 98-0715.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.01 - Definitions.

301.01
Definitions.
In this chapter and chs. 302 to 304:
(1)
“Department" means the department of corrections.
(1m)
“Juvenile correctional facility" has the meaning given in s. 938.02 (10p).
(1n)
“Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (7g), or 938.357 (3) or (4).
(2)
“Prisoner" means any person who is either arrested, incarcerated, imprisoned, or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.20, 51.45 (11) (b), or 55.135 or ch. 980. “Prisoner" does not include any of the following:
(a)
Any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).
(b)
Any resident of a juvenile correctional facility or a secured residential care center for children and youth.
(c)
Any child held in custody under ss. 48.19 to 48.21.
(cm)
Any expectant mother held in custody under ss. 48.193 to 48.213.
(d)
Any child participating in the mother-young child care program under s. 301.049.
(3)
“Secretary" means the secretary of corrections.
(3k)
“Secured residential care center for children and youth" has the meaning given in s. 938.02 (15g).
(4)
“State correctional institution" means a state prison under s. 302.01 or a juvenile correctional facility operated by the department.
(5)
“Type 1 prison" means a state prison under s. 302.01, but excludes any institution that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).
(6)
“Type 2 prison" means a state prison under s. 302.01 that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).
History:  1989 a. 31, 107; 1991 a. 39; 1993 a. 479; 1995 a. 27, 77; 1997 a. 27, 292; 1999 a. 9; 2005 a. 264, 344; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 17, 71.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.025 - Division of juvenile corrections.

301.025
Division of juvenile corrections.
The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538.
History:  1995 a. 27, 77; 2003 a. 33; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.027 - Treatment program at one or more juvenile correctional facilities.

301.027
Treatment program at one or more juvenile correctional facilities.
The department shall maintain an intensive alcohol and other drug abuse program at one or more juvenile correctional facilities.
History:  1995 a. 27; 1999 a. 9; 2005 a. 344; 2019 a. 8.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.029 - Contracts requiring prisoner access to personal information.

301.029
Contracts requiring prisoner access to personal information.
(1)
In this section, “financial transaction card" has the meaning given in s. 943.41 (1) (em).
(2)
(a)
The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers or social security number.
(b)
The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry services or telemarketing services and have access to any information that may serve to identify a minor.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.032 - Juvenile correctional services; supervisory functions of state department.

301.032
Juvenile correctional services; supervisory functions of state department.
(1)
(a)
The department shall supervise the administration of juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
(b)
All records of the department and all county records relating to juvenile correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the purchase of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.
(c)
The department may at any time audit all county records relating to the purchase of juvenile correctional services. If the department conducts such an audit in a county, the department shall furnish a copy of the audit report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21, 46.22, or 46.23.
(2)
The county administration of all laws relating to the purchase of juvenile correctional services shall be vested in the officers and agencies designated in the statutes.
History:  1995 a. 27, 77; 2005 a. 344; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.035 - Division of hearings and appeals; administrator's general duties.

301.035
Division of hearings and appeals; administrator's general duties.
The administrator of the division of hearings and appeals in the department of administration shall:
(1)
Serve as the appointing authority of the employees of the division under s. 230.06.
(2)
Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.
(4)
Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
(5)
After consultation with the department of corrections, promulgate rules relating to the exercise of the administrator's and the division's powers and duties.
History:  1989 a. 31, 107; 1995 a. 77; 2001 a. 109.