CHAPTER 289
SOLID WASTE FACILITIES
SUBCHAPTER I
DEFINITIONS
289.01   Definitions.
SUBCHAPTER II
ADMINISTRATION; SOLID WASTE
MANAGEMENT STANDARDS
289.05   Solid waste management standards.
289.06   Department duties.
289.07   Department powers.
289.08   Duties of metallic mining council.
289.09   Confidentiality of records.
289.10   County solid waste management plans.
289.11   Federal aid.
289.12   Landfill official liability.
SUBCHAPTER III
FACILITIES; SITING
289.21   Initial site report.
289.22   Local approval.
289.23   Feasibility report required; distribution; public notice.
289.24   Feasibility report contents; completeness; distribution.
289.25   Environmental review.
289.26   Informational hearing.
289.27   Contested case hearing.
289.28   Determination of need.
289.29   Determination of feasibility.
289.30   Plan of operation.
289.31   Operating license.
289.32   Distribution of documents.
289.33   Solid and hazardous waste facilities; negotiation and arbitration.
289.34   Noncompliance with plans or orders.
289.35   Shoreland and floodplain zoning.
289.36   Acquisition of property by condemnation.
SUBCHAPTER IV
LONG-TERM CARE; FINANCIAL RESPONSIBILITY; OPERATION; WAIVERS; EXEMPTIONS; CLOSURE
289.41   Financial responsibility.
289.42   Operation of facilities.
289.43   Waivers; exemptions.
289.44   Exemption for certain alcohol fuel production systems.
289.445   Exemption for certain fruit and vegetable washing facilities.
289.45   Solid waste storage.
289.46   Transference of responsibility.
289.47   Closure notice.
SUBCHAPTER V
FACILITIES; REGULATION OF SPECIFIC
FACILITY OR WASTE TYPES
289.51   Solid waste open burning standards.
289.53   Commercial PCB waste storage and treatment facilities.
289.54   Disposal of certain dredged materials.
289.55   Tire dumps.
289.57   Disposal and treatment records.
289.59   Disposal and burning of low-level radioactive waste.
SUBCHAPTER VI
FEES; FUNDS
289.61   License and review fees.
289.62   Tonnage fees.
289.63   Groundwater and well compensation fees.
289.64   Solid waste facility siting board fee.
289.645   Recycling fee.
289.67   Environmental repair fee and surcharge.
289.675   Waiver of fees.
289.68   Payments from the waste management fund and related payments.
SUBCHAPTER VIII
ENFORCEMENT; PENALTIES
289.91   Inspections.
289.92   Review of alleged violations.
289.93   Orders.
289.94   Imminent danger.
289.95   Enforcement procedures for older facilities.
289.96   Penalties.
289.97   Violations: enforcement.
Ch. 289 Cross-reference Cross-reference: See also NR ch. 500- and NR ch. 700-, Wis. adm. code.
subch. I of ch. 289 SUBCHAPTER I
DEFINITIONS
289.01 289.01 Definitions. In this chapter, unless the context requires otherwise:
289.01(1) (1)“Affected municipality" means: 
289.01(1)(a) (a) A town, city, village or county in which all or a portion of a solid waste disposal facility or a hazardous waste facility is or is proposed to be located; and
289.01(1)(b) (b) A town, city, village or county whose boundary is within 1,500 feet of that portion of the facility designated by the applicant for the disposal of solid waste or the treatment, storage or disposal of hazardous waste in the feasibility report under s. 289.23, excluding buffers and similar areas.
289.01(2) (2)“Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
289.01(3) (3)“Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s. 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 289.30.
289.01(4) (4)“Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 293.01 (12), used for the disposal of waste resulting from mining, as defined under s. 293.01 (9), or prospecting, as defined under s. 293.01 (18).
289.01(5) (5)“Closing" means the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses.
289.01(6) (6)“Contested case" has the meaning specified under s. 227.01 (3).
289.01(7) (7)“Department" means the department of natural resources.
289.01(8) (8)“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.
289.01(8m) (8m)“Feedstock” means raw material that is used in a machine or industrial process.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 125 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 26, 2024. Published and certified under s. 35.18. Changes effective after April 26, 2024, are designated by NOTES. (Published 4-26-24)