287.15(1)(h) (h) "Re-refined oil" means engine waste oil which is processed by high temperature distillation and chemical treatment or any other process which removes all harmful physical and chemical characteristics acquired through use.
287.15(1)(i) (i) "Retail sales establishment" means a person who is engaged in the business of selling automotive engine oil to consumers.
287.15(1)(j) (j) "Service establishment" means a person who is engaged in the business of servicing and removing automotive engine oil from motor vehicles for consumers.
287.15(1)(k) (k) "Waste oil" means any oil after use or which is contaminated through storage or handling before that oil is recycled.
287.15(2) (2)Waste oil collection.
287.15(2)(a)(a) Retail sales establishment. A retail sales establishment:
287.15(2)(a)1. 1. Shall maintain an engine waste oil collection facility for the temporary storage of engine waste oil returned by consumers and post at least one sign at the location of sale which contains wording similar to: "Engine waste oil collection facility. Please return your waste oil here."; or
287.15(2)(a)2. 2. Shall post at least one sign at the location of sale which contains wording similar to: "Engine waste oil can be recycled. Please return your waste oil to a waste oil storage facility. The nearest waste oil storage facility is located .... and is open ....". The sign shall describe the location and the days and hours of operation.
287.15(2)(b) (b) Approved waste oil collection facilities. The department shall establish by rule standards for the approval of certain types of facilities to be used for engine waste oil collection.
287.15(2)(c) (c) Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289.
287.15(2)(d) (d) Compliance with solid and hazardous waste regulations. Except as provided under par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility.
287.15(3) (3)Waste oil storage facilities.
287.15(3)(a)(a) Required storage facilities.
287.15(3)(a)1.1. As used in this paragraph, "adequate engine waste oil storage facilities" means at least the minimum number of separate engine waste oil storage facilities each with a capacity of at least 250 gallons, approved by the department and accessible to the public. The department shall establish standards for the approval of certain types of facilities to be used for engine waste oil storage. These standards may allow the same facility to serve as an engine waste oil collection facility and an engine waste oil storage facility.
287.15(3)(a)2. 2. The minimum number of engine waste oil facilities for a city, village or town located in a county with a population of 50,000 or more is:
287.15(3)(a)2.a. a. Zero if the population is less than 3,500.
287.15(3)(a)2.b. b. One if the population is at least 3,500 but less than 25,000.
287.15(3)(a)2.c. c. Two if the population is at least 25,000 but less than 100,000.
287.15(3)(a)2.d. d. Three if the population is at least 100,000, plus one for each additional 100,000 of population.
287.15(3)(a)3. 3. The minimum number of engine waste oil storage facilities for a county with a population under 50,000 is one.
287.15(3)(a)4. 4. A city, village or town located in a county with a population of 50,000 or more shall provide for adequate engine waste oil storage facilities if these facilities do not exist.
287.15(3)(a)5. 5. A county with a population of less than 50,000 shall provide for an adequate engine waste oil storage facility if a facility does not exist.
287.15(3)(b) (b) Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer.
287.15(3)(c) (c) Compliance with solid and hazardous waste regulations. Except as provided under par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility.
287.15(4) (4)Waste oil transportation.
287.15(4)(a)(a) Exemptions.
287.15(4)(a)1.1. The department shall exempt a consumer from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil.
287.15(4)(a)2. 2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil.
287.15(4)(b) (b) Compliance with solid and hazardous waste regulations. Except as provided under par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil.
287.15(4)(c) (c) Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of chs. 289 and 291 and rules promulgated under these chapters. When issuing the license under s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil.
287.15(5) (5)Waste oil recycling. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility.
287.15(6) (6)Sale of recycled oil.
287.15(6)(a)(a) Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel "RE-REFINED OIL" and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency.
287.15(6)(b) (b) Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel "RECLAIMED OIL" and unless the container complies with the labeling standards established by the federal trade commission and environmental protection agency.
287.15(7) (7)State contracts; use of re-refined oil. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil.
287.15(8) (8)Promotion of recycled oil. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment.
287.15 History History: 1979 c. 221; 1981 c. 374 s. 148; 1987 a. 384; 1989 a. 335 s. 51; Stats. 1989 s. 159.15; 1995 a. 227 s. 897; Stats. 1995 s. 287.15.
287.17 287.17 Waste tire removal and recycling.
287.17(1) (1)Definitions. In this section:
287.17(1)(a) (a) "Recovery activity" means a project designed to reduce the number or volume of waste tires, recycle waste tires or recover energy from waste tires.
287.17(1)(b) (b) "Solid waste facility" has the meaning given under s. 289.01 (35).
287.17(1)(c) (c) "Tire dump" has the meaning given under s. 289.55 (1) (b).
287.17(1)(d) (d) "Waste tire" has the meaning given under s. 289.55 (1) (c).
287.17(2) (2)Fee use plan. The department shall promulgate, by rule, a statewide plan for the use of moneys appropriated under s. 20.370 (2) (dj) to accomplish all of the following:
287.17(2)(a) (a) The removal of waste tires from solid waste facilities.
287.17(2)(b) (b) The recovery of rubber from waste tires for use in highway improvements, as defined under s. 84.06 (1).
287.17(2)(c) (c) The providing of grants under sub. (3) for development costs or operating costs of recovery activities.
287.17(2)(d) (d) Any recovery activity conducted by the department under sub. (5).
287.17(3) (3)Grants; eligibility; applications.
287.17(3)(a)(a) A municipality, governmental body, as defined in s. 19.82 (1), private business or nonprofit organization which meets eligibility requirements established by the department by rule may apply to the department for a grant for development costs or operating costs of a recovery activity.
287.17(3)(b) (b) A grant application shall comply with the department's requirements as to contents, form and manner of submission.
287.17(3)(c) (c) No grant may be awarded for a recovery activity which receives less than 95% of its tires from Wisconsin tire dumps, retailers or residents.
287.17(3)(d) (d) The department shall promulgate rules concerning requirements for the documentation of the sources from which a tire dump receives tires for the purpose of establishing eligibility under par. (c). The burden of proof shall be on the applicant to show that the eligibility requirement under par. (c) is met.
287.17(4) (4)Grant amounts. In awarding grants, the department shall give a higher priority to applications for development costs than to applications for operating costs.
287.17(5) (5)Other recovery activities by department. The department may conduct a recovery activity designed to reduce the volume of waste tires in a tire dump that does not receive at least 95% of its tires from Wisconsin retailers and residents if the department, after due diligence, is unable to recover nuisance abatement expenses under s. 289.55 (5) from a person responsible for a nuisance at a tire dump after the department has initiated abatement activities.
Effective date note Note: This section is repealed eff. 6-30-97 by 1995 Wis. Acts 27 and 227.
287.17 History History: 1987 a. 27, 110; 1987 a. 403 s. 256; 1989 a. 335 s. 68; Stats. 1989 s. 159.17; 1995 a. 27; 1995 a. 227 ss. 898, 990; Stats. 1995 s. 287.17.
287.18 287.18 Lead acid battery collection.
287.18(1) (1)Definitions. In this section:
287.18(1)(a) (a) "Battery" means a lead acid battery.
287.18(1)(b) (b) "Consumer" means a person who uses a battery.
287.18(1)(c) (c) "Retailer" means a person who sells batteries to consumers.
287.18(1m) (1m)Notice.
287.18(1m)(a)(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:
287.18(1m)(a)1. 1. That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator.
287.18(1m)(a)2. 2. That batteries should be recycled.
287.18(1m)(a)3. 3. That state law requires retailers to accept used batteries in trade and in some other instances.
287.18(1m)(b) (b) A retailer shall post the notice provided under par. (a) in a place where it can be seen by consumers.
287.18(2) (2)Sale and installation.
287.18(2)(a)(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.
287.18(2)(b) (b) If the consumer refuses to relinquish the used battery under par. (a), the retailer shall comply with sub. (3).
287.18(3) (3)Counter sales.
287.18(3)(a)(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:
287.18(3)(a)2. 2. Offer to take the consumer's used battery in trade.
287.18(3)(a)3. 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.
287.18(3)(b) (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.
287.18(4) (4)Acceptance of other batteries.
287.18(4)(a)(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.
287.18(4)(b) (b) A retailer is not required to accept more than 2 batteries delivered under this subsection by a person on one day.
287.18(5) (5)Deposit. A retailer may charge a deposit of not more than $5 on the sale of a battery. The retailer shall refund the deposit if the consumer delivers the battery to the retailer under sub. (3) (a) 3.
287.18 History History: 1989 a. 335; 1991 a. 32; 1995 a. 227 s. 899; Stats. 1995 s. 287.18.
287.185 287.185 Disposal of mercuric oxide batteries.
287.185(1) (1) In this section:
287.185(1)(a) (a) "Mercuric oxide battery" has the meaning given in s. 100.27 (1) (c).
287.185(1)(b) (b) "Mercuric oxide button cell battery" has the meaning given in s. 100.27 (1) (d).
287.185(1)(c) (c) "Waste mercuric oxide battery" means a mercuric oxide battery that is no longer suitable for its original purpose due to use, wear, damage or defect.
287.185(2) (2) Beginning on July 1, 1994, no person, except for a person operating a collection site identified under s. 100.27 (5) (a), may treat, store or dispose of a waste mercuric oxide battery, other than a mercuric oxide button cell battery, except by sending it to a collection site identified under s. 100.27 (5) (a).
287.185(3) (3) A person operating a collection site identified under s. 100.27 (5) (a) shall recycle or have recycled all collected waste mercuric oxide batteries unless no reasonable alternative exists.
287.185 History History: 1993 a. 74; 1995 a. 227 s. 900; Stats. 1995 s. 287.185.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?