reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.19 - Inspections.

285.19
Inspections.
Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and s. 299.15 and rules promulgated or permits issued under this chapter or s. 299.15. 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. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
History:  1971 c. 125 s. 522 (2); 1979 c. 34; 1979 c. 221 s. 2202 (39); 1991 a. 302; 1993 a. 491; 1995 a. 227 s. 461; Stats. 1995 s. 285.19.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.25 - Air resource allocation.

285.25
Air resource allocation.
(1)
Determination. The department, after considering the recommendations submitted under s. 144.355, 1979 stats., shall promulgate by rule procedures and criteria to determine the allocation of the available air resource in an attainment area.
(2)
Allocation. The department, after considering the recommendations submitted under s. 144.355, 1979 stats., shall promulgate by rule air resource allocation standards to allocate the available air resource in attainment areas among sources receiving a construction permit or operation permit or an elective operation permit for an existing source after the effective date of this rule, other air contaminant sources and possible future air contaminant sources. The air resource allocation standards may allow for emission reduction options. The application of air resource allocation standards may not result in a violation of an ambient air quality standard or an ambient air increment.
(3)
Documents. The department shall maintain records indicating how much of the available air resource has been allocated in attainment areas. The department shall make these records available for public inspection.
History:  1979 c. 221; 1991 a. 302; 1995 a. 227 s. 470; Stats. 1995 s. 285.25.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.29 - Best available retrofit technology.

285.29
Best available retrofit technology.
(1)
Case-by-case specification. If visibility in an area is identified as an important value of the area under section 169A of the federal clean air act, the department shall specify on a case-by-case basis the best available retrofit technology for any existing major source located in the area and identified under section 169A of the federal clean air act.
(2)
Considerations. In specifying the best available retrofit technology, the department shall consider:
(a)
The cost of compliance.
(b)
The existing pollution control technology in use at the source.
(c)
The remaining useful life of the source.
(d)
The degree of improvement in visibility which may be anticipated to result from the use of various retrofit technologies.
(e)
The energy and nonair quality environmental impacts of compliance.
History:  1979 c. 221; 1995 a. 227 s. 469; Stats. 1995 s. 285.29.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.35 - Clean fuel fleet program.

285.35
Clean fuel fleet program.
(1)
Definitions. In this section:
(a)
“Clean alternative fuel" has the meaning given in 42 USC 7581 (2).
(b)
“Clean-fuel vehicle" has the meaning given in 42 USC 7581 (7).
(c)
“Covered fleet" has the meaning given in 42 USC 7581 (5).
(2)
Areas.
(a)
The department shall issue documents that describe the areas of the state in which clean-fuel vehicle programs are required under 42 USC 7511a (c) (4) (A).
(b)
The department may, by rule, determine areas of the state, other than areas described under par. (a), in which the department will require clean-fuel vehicle programs. The department may not require a clean-fuel vehicle program in an area unless that requirement is authorized under s. 285.11 (6).
(c)
Notwithstanding ss. 227.01 (13) and 227.10 (1) a document issued under par. (a) is not a rule. A document issued under par. (a) may be reviewed under ss. 227.42 and 227.52.
(3)
Requirements. The department shall promulgate by rule requirements for the use of clean-fuel vehicles and clean alternative fuels by operators of covered fleets in areas identified under sub. (2) (a) or (b). The rules shall be in accordance with the requirements applicable to covered fleets under 42 USC 7586 and regulations promulgated under that provision.
History:  1991 a. 302; 1995 a. 227 s. 465; Stats. 1995 s. 285.35.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.37 - Reformulated gasoline.

285.37
Reformulated gasoline.
(1)
Definitions. In this section, “reformulated gasoline" means gasoline formulated to reduce emissions of volatile organic compounds and toxic air pollutants as provided in 42 USC 7545 (k) (1) to (3).
(2)
Areas.
(a)
The department shall issue documents that describe the areas of the state in which the use of reformulated gasoline is required under 42 USC 7545 (k) (5).
(b)
The department shall issue documents that describe areas of the state, other than areas described under par. (a) or (c), in which the use of reformulated gasoline is required, if the governor designates the areas in an application under 42 USC 7545 (k) (6) that is approved by the administrator of the federal environmental protection agency.
(c)
The department may, by rule, determine areas of the state, other than areas described under par. (a) or (b), in which the department will require the use of reformulated gasoline. The department may not require the use of reformulated gasoline in an area unless that requirement is authorized under s. 285.11 (6).
(d)
Notwithstanding ss. 227.01 (13) and 227.10 (1), a document issued under par. (a) or (b) is not a rule. A document issued under par. (a) may be reviewed under ss. 227.42 and 227.52.
(3)
Prohibitions.
(a)
Except as provided in par. (b), beginning on January 1, 1995, no person may sell gasoline in an area described under sub. (2) (a), (b) or (c) unless the gasoline satisfies the minimum specifications for reformulated gasoline under s. 168.04.
(b)
The secretary, with the approval of the administrator of the federal environmental protection agency, may grant temporary waivers from the prohibition under par. (a) if fuel that satisfies the minimum specifications for reformulated gasoline is unavailable.
History:  1991 a. 302; 1995 a. 227 s. 466, 467; Stats. 1995 s. 285.37.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.43 - Sulfur dioxide emission rates; state-owned facilities.

285.43
Sulfur dioxide emission rates; state-owned facilities.
(1)
Limit. After June 30, 1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under s. 285.45 (1) (a), that is owned by this state may not exceed 1.50.
(2)
Compliance. The department shall determine compliance with sub. (1) using data submitted by state agencies. Each state agency shall provide the department with any information needed to determine compliance.
(3)
Noncompliance; report required. Noncompliance report required. If the department determines that any large source owned by this state is not in compliance with sub. (1), the department shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (2), a report of the noncompliance and recommendations for bringing the large source into compliance.
History:  1985 a. 296; 1995 a. 227 s. 482; Stats. 1995 s. 285.43.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.45 - Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources.

285.45
Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources.
(1)
Definitions. In this section:
(a)
“Large source" means a stationary source in this state, other than a fossil fuel-fired boiler under the ownership or control of a major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-year period, that became operational before May 2, 1986, and that is not a boiler subject to the standard of performance for new stationary sources for sulfur dioxide emissions established under s. 285.27 (1).
(b)
“Major utility" has the meaning given under s. 285.41 (1) (f).
(2)
Goals. It is the goal of this state that, beginning with 1993, total annual sulfur dioxide emissions do not exceed the following:
(a)
From all major utilities and large sources, 325,000 tons.
(b)
From all fossil fuel-fired boilers under the ownership and control of the major utilities, 250,000 tons.
(c)
From all large sources, 75,000 tons.
History:  1985 a. 296; 1987 a. 186; 1995 a. 227 s. 483; Stats. 1995 s. 288.45; 2015 a. 299.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.47 - Nitrogen oxide emission goal; major utilities.

285.47
Nitrogen oxide emission goal; major utilities.
(1)
Definition. In this section, “major utility" has the meaning given in s. 285.41 (1) (f).
(2)
Goal. It is the goal of this state that, beginning with 1991, the total annual nitrogen oxide emissions from all major utilities do not exceed 135,000 tons.
History:  1985 a. 296; 1987 a. 186; 1995 a. 27; 1995 a. 227 s. 484; Stats. 1995 s. 285.47.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.49 - Trading program for nitrogen oxide emissions credits.

285.49
Trading program for nitrogen oxide emissions credits.
The department shall establish or authorize air contaminant sources to participate in a market-based trading program for the purchase, sale and transfer of nitrogen oxide emissions credits for use in any state implementation plan under s. 285.11 (6) that requires reductions in nitrogen oxide emissions. To the extent allowed under federal law, the department shall allow nitrogen oxide emissions reductions by any source in this state, regardless of whether the source is subject to nitrogen oxide controls under a state implementation plan, to be purchased, sold or transferred under the trading program.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.51 - Solid waste incinerator operator certification.

285.51
Solid waste incinerator operator certification.
(1)
In this section, “solid waste treatment" has the meaning given in s. 289.01 (39).
(2)
The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste treatment facilities that burn solid waste. The certification requirements shall take effect on January 1, 1993. The department shall do all of the following:
(a)
Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain certification.
(b)
Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification.
(c)
Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate.
(d)
Impose fees for the operator training and certification program, 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.
(e)
Require that there be one or more certified operators on the site of a solid waste treatment facility at all times during the facility's hours of operation.
(3)
The program under sub. (2) does not apply with respect to any of the following:
(a)
A facility described in s. 287.07 (7) (bg).
(b)
A solid waste treatment facility for the treatment of hazardous waste.
(c)
A solid waste treatment facility for high-volume industrial waste as defined in s. 289.01 (17).
(d)
A solid waste treatment facility of a type exempted from the program by the department by rule.
(4)
The training required under sub. (2) (b) may be conducted by the department or by another person with the approval of the department.
(5)
The department may suspend or revoke a solid waste treatment facility's operating license if persons at the facility fail to obtain certification required under sub. (2) (a) or for failure to have a certified operator on the site as required under sub. (2) (e).
(6)
The department may suspend or revoke an operator's certification for failure to comply with this chapter, rules promulgated under this chapter or conditions of operation made applicable to a solid waste treatment facility by the department.
History:  1995 a. 227 s. 457, 989; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.53 - Testing emissions from medical waste incinerators.

285.53
Testing emissions from medical waste incinerators.
(1)
Testing for hazardous substances.
(a)
Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day.
(b)
Requirements.
1.
A person operating or responsible for the operation of a medical waste incinerator described in par. (a) shall test emissions of particulates, dioxins, furans, arsenic, lead, hexavalent chromium, cadmium, mercury and any other hazardous substance identified by the department by rule, at least as often as follows:
a.
During the initial 90-day period of operation.
b.
One year following the initial 90-day period of operation.
c.
Every 2 years following the testing under subd. 1. b.
2.
A person operating or responsible for the operation of a medical waste incinerator described in par. (a) shall report the results of the testing under subd. 1. to the department and the city, village or town in which the medical waste incinerator is located.
(c)
Analysis.
1.
The department shall provide an analysis of the test results submitted under par. (b) 2. to the city, village or town in which the medical waste incinerator is located.
2.
The city, village or town in which the medical waste incinerator is located shall publish the analysis provided under subd. 1. as a class 1 notice under ch. 985.
3.
The department may charge the person operating or responsible for the operation of the medical waste incinerator a fee for reviewing and preparing the analysis of the test results.
(2)
Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr., shall continuously monitor emissions from the medical waste incinerator.
History:  1989 a. 335; 1991 a. 300; 1995 a. 227 s. 479; Stats. 1995 s. 285.53.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.54 - Medical waste incinerator fees.

285.54
Medical waste incinerator fees.
(1)
In this section:
(a)
“Medical waste incinerator" has the meaning given in s. 287.07 (7) (c) 1. cr.
(b)
“Municipality" means a city, village or town.
(2)
A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under s. 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.
History:  1989 a. 335; 1995 a. 227; 1999 a. 150 s. 373; Stats. 1999 s. 285.54.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.57 - Emission of ozone-depleting substances.

285.57
Emission of ozone-depleting substances.
(1)
Definition. In this section, “class I substance" has the meaning given in 42 USC 7671 (3).
(2)
Medical sterilizers.
(a)
The department shall evaluate the progress toward eliminating the use of class I substances in medical sterilizers. The department shall complete the evaluation no later than August 1, 1994.
(b)
Based on the results of the evaluation under par. (a), the department shall promulgate a rule that prohibits the use of class I substances in medical sterilizers or, if no adequate substitute for class I substances is available, requires persons who operate medical sterilizers that use class I substances to achieve the lowest achievable emission rate for class I substances.
(3)
Solvents. The department shall advise persons who use class I substances as solvents on ways to eliminate that use.
(4)
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).
(5)
Penalties. Any person who violates sub. (2) shall be required to forfeit not less than $250 nor more than $1,000. Each day of violation constitutes a separate offense.
History:  1993 a. 243; 1995 a. 227 s. 508; Stats. 1995 s. 285.57.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.64 - Criteria for operation permits for stationary sources.

285.64
Criteria for operation permits for stationary sources.
(1)
Issuance to sources not in compliance; federal objection.
(a)
Notwithstanding s. 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 285.11 (6) or in s. 285.63 when the operation permit is issued if the operation permit includes all of the following:
1.
A compliance schedule that sets forth a series of remedial measures that the owner or operator of the stationary source must take to comply with the requirements with which the stationary source is in violation when the operation permit is issued.
2.
A requirement that, at least once every 6 months, the owner or operator of the stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the stationary source is in violation when the operation permit is issued.
(b)
Notwithstanding par. (a) and s. 285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 285.62 (6) unless the department revises the operation permit to meet the objection.
(2)
One-year moratorium on revocation.
(a)
The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.
(b)
Notwithstanding par. (a), the department may take any other action necessary to enforce an operation permit and this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 which apply to the existing source after issuance of an operation permit under this section.
History:  1979 c. 221, 355; 1991 a. 302; 1995 a. 27; 1995 a. 227 s. 489; Stats. 1995 s. 285.64.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.65 - Permit conditions.

285.65
Permit conditions.
The department may prescribe conditions for an air pollution control permit to ensure compliance with this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:
(1)
Final inspection and release of the project for permanent operation upon completion of construction, reconstruction, replacement or modification.
(2)
Variances, orders or compliance schedules.
(3)
Requirements necessary to assure compliance with s. 285.63.
(4)
Reasonable construction and applicable operating conditions, emission control equipment maintenance requirements and emergency episode plans.
(5)
Emission reduction options.
(6)
Documentation of the allocation of the available air resource.
(7)
The terms of any election by the permit applicant to meet more stringent emission limitations or to limit hourly, daily or annual emissions beyond what is otherwise required or to obtain an emission reduction option.
(8)
The terms for use of growth accommodation credits under s. 285.63 (7) or (8), including the dates that the source expects to use the credits.
(9)
Requirements concerning entry and inspection as provided in s. 285.19.
(10)
Monitoring, record-keeping, reporting and compliance certification requirements.
(11)
Requirements to submit compliance plans and schedules and progress reports.
(12)
Conditions necessary to implement 42 USC 7651 to 7651o and regulations under 42 USC 7651 to 7651o concerning acid deposition control.
(13)
Other conditions applicable to the source under the federal clean air act.
(14)
Other requirements specified by rule by the department.
History:  1979 c. 34, 221; 1987 a. 27; 1991 a. 302; 1995 a. 227 s. 490; Stats. 1995 s. 285.65.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.67 - Permit revision, suspension and revocation.

285.67
Permit revision, suspension and revocation.
The department shall promulgate rules establishing criteria and procedures for revising, suspending and revoking air pollution control permits.
History:  1979 c. 34, 221; 1989 a. 335; 1991 a. 302; 1995 a. 227 s. 491; Stats. 1995 s. 285.67.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.675 - Pilot program for manufacturing facilities on brownfields.

285.675
Pilot program for manufacturing facilities on brownfields.
(1)
In this section:
(a)
“Green Tier Program" means the program under s. 299.83.
(b)
“Registration permit" means an air pollution control permit under s. 285.60 (2g).
(2)
The department shall implement a pilot program under which a participating owner or operator is not required to make changes to the air pollution controls for a stationary source due to new or modified legal requirements, except as required under the federal clean air act, for 10 years after the department grants coverage under a registration permit for the stationary source.
(3)
The department may allow an owner or operator to participate in the pilot program under this section only if all of the following apply:
(a)
The stationary source is a minor source and is eligible for coverage under a registration permit.
(b)
The stationary source is a manufacturing facility that the owner or operator is constructing.
(c)
The stationary source is located on property on which the owner or operator has conducted the activities required under s. 292.15 (2) (a) 2., (ae) 2., or (ag) 1. and the owner or operator has obtained a certificate of completion from the department under s. 292.15 (2) (a) 3., (ae) 3., or (ag) 2. for the property.
(d)
The owner or operator is a participant in tier I or tier II of the Green Tier Program and the manufacturing facility is included in the program.
(4)
The department may specify limitations on participation in the pilot program, such as limitations on the number of participants or on the location in which the pilot program operates.
(5)
No later than the first day of the 60th month beginning after department implements the pilot program, the department shall submit a report, to the governor and to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3), on the pilot program, including the environmental and economic effects of the pilot program and the department's recommendations about whether the pilot program should be expanded.
History:  2017 a. 70.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.68 - Failure to adopt rule or issue permit or exemption.

285.68
Failure to adopt rule or issue permit or exemption.
The failure to adopt a rule or issue an air pollution control permit or the exemption or granting of an exemption from an air pollution control permit requirement does not relieve any person from compliance with any emission limitation or with any other provision of law.
History:  1979 c. 34; 1995 a. 227 s. 493; Stats. 1995 s. 285.68.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.70 - Confidentiality of records.

285.70
Confidentiality of records.
(1)
Except as provided in sub. (2), the department shall make any record, report or other information obtained in the administration of this chapter and s. 299.15 available to the public.
(2)
The department shall keep confidential any part of a record, report or other information obtained in the administration of this chapter and s. 299.15, other than emission data or an air pollution control permit, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
(3)
Subsection (2) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this chapter and s. 299.15 or to an officer, employee or authorized representative of the federal government for the purpose of administering the federal clean air act. When the department provides information that is confidential under sub. (2) to the federal government, the department shall also provide a copy of the application for confidential status.
History:  1971 c. 125 s. 522 (2); 1979 c. 34; 1979 c. 221 s. 2202 (39); 1981 c. 335 s. 26; 1991 a. 302; 1995 a. 227 s. 460; Stats. 1995 s. 285.70.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.71 - Federal aid.

285.71
Federal aid.
Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control 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; 1995 a. 227 s. 459; Stats. 1995 s. 285.71.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.72 - Air quality monitoring stations.

285.72
Air quality monitoring stations.
(1)
From the appropriation under s. 20.370 (4) (cv), the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-hour national ambient air quality standard for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20.
(2)
From the appropriation under s. 20.370 (4) (cv), the department shall fund the operation and maintenance of an air quality monitoring station in a county where a sulfur dioxide monitor has been in place for 3 years as a result of sulfur dioxide monitoring requirements under 40 CFR part 51 and the data requirement rule for the 2010 one-hour sulfur dioxide primary national ambient air quality standard published in the federal register on August 21, 2015. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20.
(3)
(a)
The department may not include the air monitoring site located at Kohler-Andrae State Park in Sheboygan County in the state's initial monitoring network plan required under 40 CFR 58.10.
(b)
The department shall request a waiver of the relevant provisions of the federal Clean Air Act relating to the state implementation plan, as required under 42 USC 7410, that may be implicated by discontinuing the use of the air monitoring site located at Kohler-Andrae State Park in Sheboygan County.
(c)
If the federal environmental protection agency does not approve the initial plan submitted by the department under par. (a), the department may submit a revised plan that includes the air monitoring site located at Kohler-Andrae State Park in Sheboygan County.
History:  2013 a. 20; 2017 a. 59, 159.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.75 - County program.

285.75
County program.
Instead of state review of plans and specifications, the department may authorize counties which are administering approved air pollution control programs to review and approve plans, specifications and permits of air contaminant sources being constructed, modified or operated within the jurisdiction of these counties.
History:  1979 c. 34; 1995 a. 227 s. 501; Stats. 1995 s. 285.75.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.77 - Machinery use.

285.77
Machinery use.
The department may not require the use of machinery, devices or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices or equipment otherwise available.
History:  1979 c. 34; 1987 a. 27; Stats. 1987 s. 144.404; 1995 a. 227 s. 503; Stats. 1995 s. 285.77.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.78 - Registration of early emission reductions.

285.78
Registration of early emission reductions.
(1)
In this section:
(a)
“Carbon reserve" means any system that takes in and stores more carbon from the atmosphere than it releases to the atmosphere.
(b)
“Fine particulate matter" means solid or liquid particles with a diameter less than or equal to 2.5 micrometers or emissions that are precursors to solid or liquid particles with a diameter less than or equal to 2.5 micrometers.
(c)
“Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride or any other gas that traps heat in the atmosphere.
(2)
(a)
The department shall establish and operate a system under which the department registers reductions in emissions of greenhouse gases if the reductions are made before the reductions are required by law. Under the system, the department may register carbon sequestration from the creation or preservation of carbon reserves and may register avoided emissions resulting from energy efficiency measures and from the use of renewable energy sources. Under the system, the department may not register a reduction in emissions of greenhouse gases if the reduction was made before January 1, 1991.
(b)
The department may establish and operate systems under which the department registers reductions in emissions of fine particulate matter, mercury or other air contaminants identified by the department if the reductions are made before the reductions are required by law.
(c)
The department may verify and quantify, or require the verification and quantification of, emission reductions that a person seeks to register under par. (a) or (b).
(d)
Registration of emission reductions under this section is voluntary.
(3)
(a)
The department shall promulgate rules for the system under sub. (2) (a). In promulgating the rules, the department shall make the system as consistent as possible with other state, federal and international programs designed to reduce emissions of greenhouse gases.
(b)
The department shall promulgate rules for any system that the department establishes under sub. (2) (b). In promulgating the rules, the department shall make the system as consistent as possible with other state, federal and international programs designed to reduce emissions of the substances covered by the system.
History:  1999 a. 195.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.795 - Small business environmental council.

285.795
Small business environmental council.
(1)
The small business environmental council shall do all of the following:
(a)
Advise the department concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 285.79, difficulties encountered by small business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285 against small business stationary sources.
(c)
Review information to be provided to small business stationary sources in connection with s. 299.15 and ch. 285 to ensure that the information can be understood by persons without technical training.
(d)
Provide other advice, as directed by the secretary, related to assisting small businesses in complying with federal and state air pollution laws.
(2)
The employees of the department who staff the small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).
History:  1991 a. 302; 1995 a. 227; 2007 a. 125; 2011 a. 32 s. 3334b; Stats. 2011 s. 285.795.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.83 - Violations: enforcement.

285.83
Violations: enforcement.
(1)
(a)
If the department has reason to believe that a violation of this chapter or s. 299.15 or any rule promulgated or special order, plan approval or permit issued under this chapter or s. 299.15 has occurred, it may:
1.
Cause written notice to be served upon the alleged violator. The notice shall specify the alleged violation, and contain the findings of fact on which the charge of violation is based. The notice may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or
2.
Initiate action under s. 285.59 (8) or 285.87.
(b)
If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of such other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.
(2)
The notice under sub. (1) (a) 1. for an alleged violation of rules promulgated under s. 285.31 (3) may include a tag or other notice placed on the dispensing equipment that is alleged to be in violation of rules promulgated under s. 285.31 (3).
History:  1971 c. 125 s. 522 (2); 1977 c. 377; 1979 c. 34 s. 980h; 1979 c. 221 s. 2202 (39); Stats. 1979 s. 144.423; 1989 a. 284; 1991 a. 39; 1995 a. 227 s. 510; Stats. 1995 s. 285.83.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.85 - Emergency procedure.

285.85
Emergency procedure.
(1)
If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board shall affirm, modify or set aside the order of the secretary.
(2)
In the absence of a generalized condition of air pollution of the type referred to in sub. (1), if the secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he or she may order the persons responsible for the operations in question to reduce or discontinue emissions immediately, without regard to s. 285.83. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in sub. (1) shall apply.
History:  1979 c. 34 ss. 983m, 2102 (39) (g); 1979 c. 176; Stats. 1979 s. 144.424; 1995 a. 227 s. 511; Stats. 1995 s. 285.85.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.86 - Asbestos citations.

285.86
Asbestos citations.
(1)
The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).
(2)
The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.
(3)
The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.87 - Penalties for violations relating to air pollution.

285.87
Penalties for violations relating to air pollution.
(1)
Except as provided in s. 285.57 (5) or 285.59 (8), any person who violates this chapter or any rule promulgated, any permit issued or any special order issued under this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.
(2)
(a)
Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by this chapter, except s. 285.59, or any rule promulgated, any permit issued or any special order issued under this chapter, except s. 285.59, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.
(b)
If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation.
History:  1979 c. 34; 1989 a. 284, 289; 1993 a. 243; 1995 a. 227 s. 511; Stats. 1995 s. 285.87; 1997 a. 283; 2001 a. 109.
In determining an entity's civil forfeitures, the trial court can consider its cooperation in remediation, its initiation of remedial activities, the environmental harm caused, and the degree of its culpability. The trial court acted within its discretion in imposing a forfeiture against a contractor for its role in improperly removing asbestos although a separate contractor was responsible for the removal. State v. T.J. McQuay, Inc, 2008 WI App 177, 315 Wis. 2d 214, 763 N.W.2d 148, 07-2449.
Because the causes of action asserted against the defendant for violating administrative rules governing the handling of asbestos did not exist and were not known or recognized at common law at the time of the adoption of the Wisconsin Constitution in 1848, the defendant had no constitutional right to a jury trial. State v. T.J. McQuay, Inc, 2008 WI App 177, 315 Wis. 2d 214, 763 N.W.2d 148, 07-2449.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.03 - Departmental duties and powers.

287.03
Departmental duties and powers.
(1)
Duties. The department shall do all of the following:
(a)
Promulgate rules necessary to implement this chapter.
(am)
Promulgate rules concerning the imposition, under s. 285.54, of fees by municipalities on operators of medical waste incinerators.
(c)
Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin System.
(2)
Powers. The department may do any of the following:
(a)
Hold hearings relating to any aspect of the administration of this chapter and, in connection therewith, compel the attendance of witnesses and the production of evidence.
(b)
Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
History:  1989 a. 335; 1993 a. 75; 1995 a. 27; 1995 a. 227 s. 886; Stats. 1995 s. 287.03; 1999 a. 150 s. 672; 2001 a. 16; 2003 a. 33; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.08 - Yard waste bags.

287.08
Yard waste bags.
After December 31, 1990, no person may discharge, deposit, inject, dump or place in a solid waste facility that is for solid waste treatment or for solid waste storage yard waste that is in a bag unless the bag is constructed of a material that decomposes within a reasonable time after exposure to weather elements and is labeled as being so constructed.
History:  1989 a. 335; 1995 a. 227 s. 890; Stats. 1995 s. 287.08.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.093 - Lien of recycling fees.

287.093
Lien of recycling fees.
(1)
In this section:
(a)
“Recycling fee" means any of the following:
1.
Any special assessment or special charge levied under any authority by a responsible unit for the purpose of complying with s. 287.09 (2).
2.
Any charge made under any authority by any person acting under a contract with a responsible unit to provide a service required under s. 287.09 (2).
(b)
“Responsible unit" has the meaning given in s. 287.01 (9).
(c)
“Taxation district" has the meaning given in s. 74.01 (6).
(2)
Any recycling fee which remains unpaid is a lien on the property against which it is levied or made on behalf of the responsible unit or person charging the recycling fee, from the date of the charge, to the same extent as a lien for a tax levied upon real property. Any unpaid recycling fee shall be certified to the taxation district in which the property is located, placed on the tax roll and collected as delinquent real property taxes are collected.
(3)
The treasurer of the taxation district shall disburse to the proper responsible unit or person all collections of unpaid recycling fees which were placed upon the tax roll under sub. (2).
(4)
Subsections (1) to (3) do not authorize a responsible unit to impose a restriction, tax or fee on packaging for a purpose relating to the disposal of the packaging.
History:  1989 a. 335; 1991 a. 39; 1995 a. 227; 1999 a. 150 s. 538; Stats. 1999 s. 287.093.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.095 - Responsible unit liability.

287.095
Responsible unit liability.
(1)
Definition. In this section, “responsible unit official" means any officer, official, agent or employee of a responsible unit engaged in the planning, management, operation or approval of a recycling program or recycling site or facility.
(2)
Exemption from liability. No responsible unit official is liable for civil damages as a result of good faith actions taken by the responsible unit official within the scope of duties relating to the responsible unit's recycling program or recycling site or facility.
History:  1989 a. 335; 1995 a. 227 s. 892; Stats. 1995 s. 287.095.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.10 - Limit on local regulation.

287.10
Limit on local regulation.
No responsible unit that accepts funds under s. 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or ch. 100, or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.
History:  1989 a. 335; 1995 a. 227 s. 893; Stats. 1995 s. 287.10.
2023 Wisconsin Statutes & Annotations › Chapter 287 - Solid waste reduction, recovery and recycling. › 287.18 - Lead acid battery collection.

287.18
Lead acid battery collection.
(1)
Definitions. In this section:
(a)
“Battery" means a lead acid battery.
(b)
“Consumer" means a person who uses a battery.
(bm)
“Deposit" means an amount charged upon the sale of an item, whether as a separate charge or included in the original purchase price of the item, that is refunded when the item, or another item of the same kind, is relinquished to the person who sold the item. “Deposit" includes a core charge.
(c)
“Retailer" means a person who sells batteries to consumers.
(1m)
Notice.
(a)
The department shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface and type size. The notice shall include all of the following information:
1.
That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator.
2.
That batteries should be recycled.
3.
That state law requires retailers to accept used batteries in trade and in some other instances.
(b)
A retailer shall post the notice provided under par. (a) in a place where it can be seen by consumers.
(2)
Sale and installation.
(a)
A retailer who sells a battery to a consumer and installs the battery shall accept the used battery unless the consumer refuses to relinquish the used battery.
(b)
If the consumer refuses to relinquish the used battery under par. (a), the retailer shall comply with sub. (3).
(3)
Counter sales.
(a)
If a retailer sells a battery to a consumer without installing the battery or if sub. (2) (b) applies, the retailer shall do all of the following:
2.
Offer to take the consumer's used battery in trade.
3.
Subject to par. (b), accept the consumer's used battery in trade for a new battery without charge or time limit, during normal business hours, at any business location owned or operated by the retailer.
(b)
A retailer accepting a used battery in trade under par. (a) 3. may require the consumer to provide proof that the consumer purchased a battery from the retailer.
(4)
Acceptance of other batteries.
(a)
Except as provided in par. (b), if a person delivers to a retailer a used battery to which sub. (3) (a) 3. does not apply, the retailer shall accept the used battery. A retailer may charge up to $3 for each battery delivered under this paragraph.
(b)
A retailer is not required to accept more than 2 batteries delivered under this subsection by a person on one day.
(5)
Deposit. A retailer shall charge a deposit of $10 on the sale of an automotive type replacement battery, such as an automobile, truck, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, golf cart, tractor, lawn and garden equipment, or marine battery or other battery used to start an internal combustion engine. The retailer shall refund the deposit if the consumer delivers the battery to the retailer under sub. (3) (a) 3.
History:  1989 a. 335; 1991 a. 32; 1995 a. 227 s. 899; Stats. 1995 s. 287.18; 2013 a. 305.