1995 Wisconsin Act 227

289.96 (1) (a) No person may treat, store or dispose of high-volume industrial waste, as defined under s. 144.44 (7) (a) 1., in violation of a testing requirement or condition of an exemption under s. 144.44 (7) (f) 4 289.43 (7) (d).

(b) No person may violate a testing requirement or condition of an exemption from regulation under s. 144.44 (7) (g) 3 289.43 (8) (c).

227,642 Section 642 . 144.47 of the statutes is renumbered 289.97, and 289.97 (1) (a), as renumbered, is amended to read:

289.97 (1) (a) If the department has reason to believe that a violation of ss. 144.43 to 144.47 this chapter or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sections this chapter occurred, it may:

1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and, except as provided in s. 144.44 (8) 289.95, 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, and except as provided in s. 144.44 (8) 289.95, 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. 144.98 299.95.

227,643 Section 643 . 144.48 of the statutes is renumbered 299.51, and 299.51 (1) (a), (b) and (c) to (e), as renumbered, are amended to read:

299.51 (1) (a) “Clinic" has the meaning given in s. 159.07 287.07 (7) (c) 1. a.

(b) “Medical waste" means infectious waste, as defined in s. 159.07 287.07 (7) (c) 1. c., and other waste that contains or may be mixed with infectious waste.

(c) “Solid waste disposal" has the meaning given in s. 144.43 (4r) 289.01 (34).

(d) “Solid waste facility" has the meaning given in s. 144.43 (5) 289.01 (35).

(e) “Solid waste treatment" has the meaning given in s. 144.43 (7r) 289.01 (39).

227,644 Section 644 . 144.50 of the statutes is renumbered 299.53, and 299.53 (4) (a) 3., as renumbered, is amended to read:

299.53 (4) (a) 3. Refer the matter to the department of justice for enforcement under s. 144.98 299.95.

227,645 Section 645 . 144.52 of the statutes is renumbered 299.55, and 299.55 (1) and (2) (a) and (d), as renumbered, are amended to read:

299.55 (1) Records. Except as provided under sub. (2), records and other information furnished to or obtained by the department in the administration of ss. 144.50 and 159.15 287.15 and 299.53 are public records subject to s. 19.21.

(2) (a) Application. Any person subject to s. 144.50 or 159.15 287.15 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. 144.50 or 159.15 287.15 or 299.53.

(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. 144.50 or 159.15 287.15 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.

227,646 Section 646 . 144.60 (title) and (1) of the statutes are repealed.

Note: This section repeals the “short title" of the hazardous waste management statutes. The repealed provision is as follows:

“144.60 (1) Title. Sections 144.60 to 144.74 shall be known and may be cited as the “Hazardous Waste Management Act"."

The use of short titles is an obsolete drafting style. A short title is entirely nonsubstantive and, therefore, adds nothing to the management statutes. Users of these statutes may continue to refer to them as the “hazardous waste management act" or by any other name that seems appropriate.

227,647 Section 647 . 144.60 (2) of the statutes is renumbered 291.001.

227,648 Section 648 . 144.60 (3) of the statutes is renumbered 291.35 and amended to read:

291.35 Rules on metallic mining wastes. The requirements of ss. 144.60 to 144.74 this chapter shall be subject to s. 144.435 289.05 (2).

227,649 Section 649 . 144.61 (intro.) and (1) of the statutes are renumbered 291.01 (intro.) and (1) and amended to read:

291.01 Definitions. (intro.) In ss. 144.60 to 144.74 this chapter:

(1) “Closing" has the meaning designated under s. 144.43 (1m) 289.01 (5).

227,650 Section 650 . 144.61 (2), (3) and (4) of the statutes are renumbered 291.01 (2), (3) and (5).

227,651 Section 651 . 144.61 (5) of the statutes is renumbered 291.01 (7) and amended to read:

291.01 (7) “Hazardous waste" or “waste" means any solid waste identified by the department as hazardous under s. 144.62 (2) 291.05 (1), (2) or (4).

227,652 Section 652 . 144.61 (5m) and (6) of the statutes are renumbered 291.01 (8) and (9).

227,653 Section 653 . 144.61 (7) of the statutes is renumbered 291.01 (10) and amended to read:

291.01 (10) “Long-term care" has the meaning designated under s. 144.43 (3) 289.01 (21).

227,654 Section 654 . 144.61 (8), (9), (9m), (10), (11), (12) and (13) of the statutes are renumbered 291.01 (11), (14), (17), (18), (19), (20) and (21), and 291.01 (19), as renumbered, is amended to read:

291.01 (19) “Termination" has the meaning designated under s. 144.43 (8) 289.01 (40).

227,655 Section 655 . 144.61 (14) of the statutes is renumbered 291.01 (22) and amended to read:

291.01 (22) “Treatment facility" means a facility at which hazardous waste is subjected to treatment and may include a facility where hazardous waste is generated. This term does not include a waste water treatment facility whose discharges are regulated under ch. 147 283 unless the facility is required to be permitted as a hazardous waste treatment facility under the resource conservation and recovery act.

227,656 Section 656 . 144.62 (title) of the statutes is repealed.

227,657 Section 657 . 144.62 (2) (a) of the statutes is renumbered 291.05 (1).

227,658 Section 658 . 144.62 (2) (b) of the statutes is renumbered 291.05 (2), and 291.05 (2) (b) and (c), as renumbered, are amended to read:

291.05 (2) (b) Except as provided under subd. 3. par. (c), the list of hazardous wastes shall be identical to the list promulgated by the U.S. environmental protection agency under s. 6921 (b) of the resource conservation and recovery act.

(c) The department may include or retain on the list of hazardous wastes any additional solid waste not included on the list promulgated by the U.S. environmental protection agency if the department determines that the additional solid waste has characteristics which identify it as a hazardous waste based on the criteria promulgated under par. (a) sub. (1) and if the department determines that the inclusion or retention is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which its determinations are based and shall include or retain the additional solid waste on the list of hazardous wastes by rule.

227,659 Section 659 . 144.62 (2) (c) of the statutes is renumbered 291.05 (4).

227,660 Section 660 . 144.62 (3) of the statutes is renumbered 291.07 (1).

227,661 Section 661 . 144.62 (4) of the statutes is renumbered 291.11 (5).

227,662 Section 662 . 144.62 (5) of the statutes is renumbered 291.07 (2) and amended to read:

291.07 (2) The department may exempt by rule any person who generates, transports, treats, stores or disposes of hazardous wastes from any provision under ss. 144.60 to 144.74 this chapter or from any rule promulgated under those sections this chapter if the generation, transportation, treatment, storage or disposal does not present a significant hazard to public health and safety or the environment.

227,663 Section 663 . 144.62 (7) of the statutes is renumbered 291.05 (5) (b) and amended to read:

291.05 (5) (b) In developing requirements for licenses to transport hazardous waste under s. 144.64 (1) par. (a), the department shall maintain consistency with rules promulgated by the department of transportation.

227,664 Section 664 . 144.62 (8) of the statutes is renumbered 291.05 (6), and 291.05 (6) (f), as renumbered, is amended to read:

291.05 (6) (f) Corrective action under s. 144.735 291.37.

227,665 Section 665 . 144.62 (8m) of the statutes is renumbered 291.07 (3) and amended to read:

291.07 (3) The department may promulgate rules which specify the duration of licenses issued under s. 144.64 (2) 291.25.

227,666 Section 666 . 144.62 (9) of the statutes is renumbered 291.09 (1).

227,667 Section 667 . 144.62 (10) of the statutes is renumbered 291.05 (3), and 291.05 (3) (a), as renumbered, is amended to read:

291.05 (3) (a) The department shall promulgate rules under sub. (2) (a) and (b) subs. (1) and (2) which establish not less than 2 nor more than 4 classes of hazardous waste and shall assign wastes to a particular class. The classes shall be based upon the relative degrees of hazard posed by the waste. Standards established under ss. 144.60 to 144.74 this chapter for hazardous waste facilities or for equipment which transports hazardous waste shall recognize and differentiate between the classes of waste which the facility or equipment is intended to transport, treat, store or dispose.

227,668 Section 668 . 144.62 (12) of the statutes is renumbered 291.09 (2) and amended to read:

291.09 (2) If facilities or equipment subject to ss. 144.60 to 144.74 this chapter are also subject to regulation by the department under other statutes or rules, the department shall integrate its regulatory processes to avoid duplicative or contradictory actions or requirements.

227,669 Section 669 . 144.62 (13) of the statutes is renumbered 291.11 (2) and amended to read:

291.11 (2) The department may waive compliance with any requirement under ss. 144.60 to 144.74 this chapter or shorten the time periods under ss. 144.60 to 144.74 this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare or the environment.

227,670 Section 670 . 144.62 (14) of the statutes is renumbered 291.91 (1) and amended to read:

291.91 (1) The department may inspect hazardous waste facility construction projects to determine compliance with ss. 144.60 to 144.74 this chapter and rules promulgated and licenses issued under those sections this chapter.

227,671 Section 671 . 144.62 (15) of the statutes is renumbered 291.11 (1) and amended to read:

291.11 (1) The department may hold hearings relating to any aspect of the administration of ss. 144.60 to 144.74 this chapter and, in connection with those hearings, compel the attendance of witnesses and the production of evidence.

227,672 Section 672 . 144.62 (16) of the statutes is renumbered 291.93 and amended to read:

291.93 (title) Orders. The department may issue orders to effectuate the purposes of ss. 144.60 to 144.74 this chapter and enforce those orders by all appropriate administrative and judicial proceedings.

227,673 Section 673 . 144.62 (17) and (18) of the statutes are renumbered 291.11 (3) and (4).

227,674 Section 674 . 144.63 of the statutes is renumbered 291.21, and 291.21 (1) and (7) to (9), as renumbered, are amended to read:

291.21 (1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of ss. 144.60 to 144.74 this chapter.

(7) Submit all reports required under ss. 144.60 to 144.74 this chapter and rules promulgated under those sections this chapter.

(8) Comply with rules relating to notification under s. 144.62 291.05 (1), (2) and (4).

(9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under ss. 144.60 to 144.74 this chapter or issued under the resource conservation and recovery act.

227,675 Section 675 . 144.64 (title) of the statutes is repealed.

227,676 Section 676 . 144.64 (1) (title), (a) and (b) (intro.) of the statutes are renumbered 291.23 (title), (1) and (2) and amended to read:

291.23 (title) Transportation Licenses; transportation. (1) No person may transport hazardous waste without a license issued under this subsection section.

(2) Licenses issued under this subsection section shall require compliance with rules of the department. The rules shall establish standards for the following: promulgated under s. 291.05 (5) (a).

227,677 Section 677 . 144.64 (1) (b) 1., 2., 3., 4. and 5. of the statutes are renumbered 291.05 (5) (a) 1. to 5.

227,678 Section 678 . 144.64 (1) (c) of the statutes is renumbered 291.23 (3) and amended to read:

291.23 (3) Licenses issued under this subsection section may be denied, suspended or revoked for grievous and continuous failure to comply with the rules adopted under par. (b) s. 291.05 (5) (a).

227,679 Section 679 . 144.64 (2) (title) of the statutes is repealed.

227,680 Section 680 . 144.64 (2) (a), (am), (b), (c) and (d) of the statutes are renumbered 291.25 (1), (2), (3), (4) and (5), and 291.25 (1), (2) (a) and (b) and (3) to (5), as renumbered, are amended to read:

291.25 (1) The storage of hazardous waste at the generation site by the generator of that waste for a period of less than 90 days is not subject to this subsection section. The storage of hazardous waste for a period of less than 10 days is exempt from this subsection section if the storage is in connection with the transporting or movement of the hazardous waste. Notwithstanding the exemptions granted under this paragraph subsection, no person may store or cause the storage of hazardous waste in a manner which causes environmental pollution.

(2) (a) Construct a hazardous waste facility unless the person complies with s. 144.44 (2) to (3) ss. 289.23 to 289.30.

(b) Operate a hazardous waste facility without an interim or operating license issued under this subsection section.

(3) Licenses issued under this subsection section shall require compliance with s. 144.44 (4) 289.31 and rules promulgated under ss. 144.60 to 144.74 this chapter.

(4) The department may issue an interim license to a person who operates a hazardous waste facility if the person applies for a license under this subsection section and complies with conditions and restrictions prescribed by rule or special order by the department pending the decision on the issuance of an operating license under this subsection section. This paragraph subsection applies only if the facility was in existence on November 19, 1980, or on a subsequent date which is the effective date of the statute or rule requiring the facility to obtain an operating license under this subsection section. An interim license issued under this paragraph subsection constitutes an operating license under this subsection section.

(5) An existing hazardous waste facility which was never licensed under this subsection section, whether or not it was previously authorized to receive hazardous waste under s. 144.44 (4) 289.31, shall be treated as an unlicensed proposed facility which has not been constructed for the purpose of complying with par. (am) 1. sub. (2) (a), for the purpose of obtaining an operating license under this subsection section and for the purpose of administrative procedure and review under ch. 227.

227,681 Section 681 . 144.64 (2) (e) of the statutes is renumbered 291.87 (1m), and 291.87 (1m) (intro.) and (a) to (c), as renumbered, are amended to read: