287.41 History History: 1995 a. 27 s. 9116 (5); 1995 a. 227 s. 910; Stats. 1995 s. 287.41; 1997 a. 27 ss. 3620m to 3621c.
287.42 287.42 Duties of the board. The board shall do all of the following:
287.42(1) (1) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by waste generators to do all of the following:
287.42(1)(a) (a) Maximize the marketability of these recovered materials on a statewide basis.
287.42(1)(b) (b) Minimize the number of variances granted under s. 287.11 (2m) (b) and (c).
287.42(1)(c) (c) In furtherance of the efforts of responsible units under s. 287.11 (2) (i), minimize the amounts of these recovered materials disposed of in landfills or burned without energy recovery in incinerators.
287.42(2) (2) Encourage cooperation among responsible units and other appropriate persons, in furtherance of the duty specified in sub. (1), to:
287.42(2)(a) (a) Develop solutions to product and technical problems.
287.42(2)(b) (b) Acquire and disseminate information.
287.42(2)(c) (c) Promote and market recovered materials.
287.42(2)(d) (d) Improve the quality of recovered materials.
287.42(2)(e) (e) Address other common problems faced by waste generators in marketing these recovered materials.
287.42(2e) (2e) Educate waste generators on their role and responsibility in the development of markets for recovered materials and the marketing of recovered materials, in cooperation with business entities, and on the value of cooperative marketing and market development efforts among waste generators.
287.42(2m) (2m) Provide information about the board's activities to waste generators; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support to those business entities; and the general public.
287.42(3) (3) Contract, whenever feasible, with other persons to accomplish the powers and duties of the board.
287.42(3m) (3m) Contract with, and provide sufficient funding for, an existing materials exchange program to operate a statewide materials exchange program until December 31, 1999.
287.42(5) (5) In consultation with the council on recycling, annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3) and other materials that the board determines create opportunities to recycle and reduce the amount of materials deposited in landfills, as defined in s. 289.01 (20), based on the board's analysis of current and future markets for materials recovered from solid waste. The list shall give priority to materials specified in s. 287.07 (3) that will support community recycling efforts.
287.42(6) (6) Biennially, submit a report to the legislature under s. 13.172 (2) on recycling market development priorities.
Effective date note Note: This section is repealed eff. 6-30-01 by 1997 Wis. Act 27.
287.42 History History: 1993 a. 75; 1995 a. 15, 27; 1995 a. 227 s. 911; Stats. 1995 s. 287.42; 1997 a. 27 ss. 3620m, 3622 to 3623; 1997 a. 243.
287.44 287.44 Powers of the board. The board may do any of the following:
287.44(1) (1) Award financial assistance under s. 287.46.
287.44(2) (2) Award funding for research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.
287.44(3) (3) Award funding for research to improve the recovery, processing or distribution of a recovered material.
287.44(4) (4) In cooperation with the University of Wisconsin-Extension, establish appropriate technical assistance and educational programs for waste generators; governmental entities; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.
287.44(5) (5) As appropriate and necessary, charge fees for its services.
Effective date note Note: This section is repealed eff. 6-30-01 by 1997 Wis. Act 27.
287.44 History History: 1993 a. 75; 1995 a. 27; 1995 a. 227 s. 912; Stats. 1995 s. 287.44; 1997 a. 27 ss. 3620m, 3624 to 3626.
287.46 287.46 Financial assistance.
287.46(1) (1) The board may award financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance awarded by the board, and by a recipient of financial assistance awarded by the board, may include grants, loans and manufacturing rebates.
287.46(2) (2) If the board determines that financial assistance is required to stimulate an activity that it determines is needed to assist responsible units in the marketing of recovered materials or to develop markets for recovered materials, the board shall request proposals for that activity, unless the board determines that a request for proposals is not an effective means for distributing the financial assistance for that activity.
287.46(3) (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or be repaid to the department of commerce. The department of commerce shall credit any funds received under this subsection to the appropriation account under s. 20.143 (1) (L).
287.46(4) (4)
287.46(4)(a)(a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).
287.46(4)(b) (b) In any biennium, the department of commerce may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.
Effective date note Note: This section is repealed eff. 6-30-01 by 1997 Wis. Act 27.
287.46 History History: 1993 a. 75; 1995 a. 27; 1995 a. 227 s. 913; Stats. 195 s. 287.46; 1997 a. 27 ss. 3620m, 3627 to 3630.
287.48 287.48 Executive director for the board. The secretary of commerce shall appoint an executive director of the board outside of the classified service, to serve at the pleasure of the secretary of commerce.
Effective date note Note: This section is repealed eff. 6-30-01 by 1997 Wis. Act 27.
287.48 History History: 1993 a. 75; 1995 a. 27; 1995 a. 227 s. 914; Stats. 1995 s. 287.48; 1997 a. 27 ss. 3620m, 3631d.
subch. IV of ch. 287 SUBCHAPTER IV
LITTERING
287.81 287.81 Littering.
287.81(1)(1) In this section:
287.81(1)(a) (a) "Aircraft" means any structure invented, used or designed for navigation or flight in the air.
287.81(1)(am) (am) "Highway" has the meaning given in s. 340.01 (22).
287.81(1)(b) (b) "Vehicle" has the meaning given in s. 340.01 (74).
287.81(1)(c) (c) "Waters of the state" has the meaning given in s. 281.01 (18).
287.81(2) (2) Except as provided in sub. (3), a person who does any of the following may be required to forfeit not more than $500:
287.81(2)(a) (a) Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property.
287.81(2)(b) (b) Permits any solid waste to be thrown from a vehicle operated by the person.
287.81(2)(c) (c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.
287.81(2)(d) (d) Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under 49 CFR Part 831 authorizes its removal, whichever is latest.
287.81(3) (3)
287.81(3)(a)(a) Subsection (2) (a) does not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.
287.81(3)(b) (b) Subsection (2) does not apply to a person who deposits or discharges solid waste in conformance with chs. 30, 31, 281 to 285 or 289 to 299 or a permit, license or other approval issued by the department under those chapters.
287.81 History History: 1989 a. 335; 1991 a. 19; 1995 a. 227 s. 917; Stats. 1995 s. 287.81.
subch. V of ch. 287 SUBCHAPTER V
ENFORCEMENT AND PENALTIES
287.91 287.91 Enforcement; duty of department of justice; expenses.
287.91(1)(1) The attorney general shall enforce this chapter except for ss. 287.07, 287.08 and 287.81 and all rules promulgated under this chapter except under those sections.
287.91(2) (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3) and (4) by seeking injunctive relief against any person violating those provisions.
287.91(3) (3) The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or related rules by injunctive and other relief appropriate for enforcement.
287.91(4) (4) The department of natural resources shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 (2) (ma).
287.91 History History: 1989 a. 335; 1993 a. 75; 1995 a. 227 s. 919; Stats. 1995 s. 287.91.
287.93 287.93 Inspections. Any officer, employe or authorized representative of the department may enter and inspect any place at which a solid waste facility is located or is being constructed or installed, or inspect any record relating to solid waste management of any person who generates, transports, treats, stores or disposes of solid waste, at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules promulgated under this chapter. No person may refuse entry or access to any officer, employe or authorized representative of the department who requests entry or access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found that relate to compliance status.
287.93 History History: 1989 a. 335; 1995 a. 227 s. 920; Stats. 1995 s. 287.93.
287.95 287.95 Penalties concerning land disposal and incineration; citations.
287.95(1)(1) Any person who violates s. 287.07 (1m) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
287.95(2) (2)
287.95(2)(a)(a) Any person who violates s. 287.07 (2) or 287.08 before January 1, 1995, is not subject to a penalty.
287.95(2)(b) (b) After December 31, 1994, any person who violates s. 287.07 (2) or 287.08 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
287.95(3) (3)
287.95(3)(a)(a) Any person who violates s. 287.07 (3) and (4) before January 1, 1997, is not subject to a penalty.
287.95(3)(b) (b) After December 31, 1996, any person who violates s. 287.07 (3) and (4) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
287.95(4) (4) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for the violations under subs. (1), (2) (b) and (3) (b).
287.95 History History: 1989 a. 335, 359; 1995 a. 227 s. 921; Stats. 1995 s. 287.95.
287.97 287.97 Penalties. Any person who violates this chapter, except s. 287.07, 287.08 or 287.81, or any rule promulgated under this chapter, except under s. 287.07, 287.08 or 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
287.97 History History: 1989 a. 335; 1995 a. 227 s. 922; Stats. 1995 s. 287.97.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?