1995 Wisconsin Act 227

(2) (a) Any duly authorized officer, employe or representative of the department shall have right to enter upon or through any premises in which an effluent source that is required to be covered by a permit issued under s. 147.02 283.31 is located or in which any records required to be maintained by this section are located, and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by this section, and sample any effluents which the owner and operator of such source is required to sample under this section.

(3) Construction of law. Subsection (1) shall be construed so as not to require actions unnecessarily redundant with s. 144.96 299.15. When a publicly owned treatment facility is required under state or federal law to monitor discharges into its system, records of such monitoring provided to the department, if substantially in compliance with the requirements of this section, shall serve in the place of the monitoring which would ordinarily be required of a person discharging into such system. Nothing in this section shall be construed to affect the validity of s. 144.96 299.15, nor shall that section be construed to limit the application of this section.

227,866 Section 866 . 147.09 of the statutes is renumbered 283.39.

227,867 Section 867 . 147.10 of the statutes is renumbered 283.45, and 283.45 (1), as renumbered, is amended to read:

283.45 (1) For every discharge which has a total volume of more than 500,000 gallons on any day of the year, except a storm water discharge for which a permit is issued under s. 147.021 283.33, the department shall, following public notice, prepare and send to any person who so requests, a fact sheet concerning the application described in the public notice.

227,868 Section 868 . 147.105 of the statutes is renumbered 283.47 and amended to read:

283.47 Requests for information by permittee. When a permit for which a fact sheet is required to be prepared under s. 147.10 283.45 is issued, reissued or modified, if the permittee submits, during the public comment period afforded under s. 147.09 283.39, to the department a written request for information on the background levels in the receiving water of substances for which a water quality based effluent limitation under s. 147.04 283.13 (5) is included in the proposed permit, the department shall, to the extent the information is available, provide to the permittee no later than the time that the permit is issued, reissued or modified such information or list of documents which present such information. Nothing in this section limits rights under ss. 19.31 to 19.37.

227,869 Section 869 . 147.11 of the statutes is renumbered 283.41.

227,870 Section 870 . 147.12 of the statutes is renumbered 283.43, and 283.43 (2), as renumbered, is amended to read:

283.43 (2) The department shall protect as confidential any information, other than effluent data, contained in permit application forms, or in other records, reports or plans, that is found to be confidential under s. 147.08 283.55 (2) (c).

227,871 Section 871 . 147.13 of the statutes is renumbered 283.49, and 283.49 (2) (a), as renumbered, is amended to read:

283.49 (2) (a) Public notice of any hearing held under this section shall be circulated in accordance with the requirements of s. 147.09 283.39 (1).

227,872 Section 872 . 147.135 of the statutes is renumbered 283.51 and amended to read:

283.51 Mining hearing. If a hearing on the permit application is conducted as a part of a hearing under s. 144.836 293.43, the notice, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of ss. 147.09, 147.11 283.39, 283.41 and 147.13 283.49.

227,873 Section 873 . 147.14 of the statutes is renumbered 283.59, and 283.59 (2) (intro.) and (b) and (4), as renumbered, are amended to read:

283.59 (2) (intro.) Any person discharging, or intending to begin discharging, into a publicly owned treatment works who is or will become subject to the discharge reporting requirements of s. 147.025 283.37 (4), shall give notice to the department and the owner or operator of such works the following:

(b) Any types or volumes of pollutants being introduced into such treatment works which were not described in the report submitted under s. 147.025 283.37 (4).

(4) Notice of a new or increased discharge submitted to the department under this section shall be given at least 180 days prior to the date such new or increased discharge shall commence. The department, through the department of justice as provided under s. 147.29 283.89, may enforce violations of this section directly against persons subject to s. 147.025 283.37 (4).

227,874 Section 874 . 147.15 of the statutes is renumbered 283.57.

227,875 Section 875 . 147.20 of the statutes is renumbered 283.63, and 283.63 (1) (intro.), (a) and (am), (3), (4) and (5), as renumbered, are amended to read:

283.63 (1) (intro.) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension or revocation, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 147.055 283.17 or any water quality based effluent limitation established under s. 147.04 283.13 (5). Such review shall be accomplished in the following manner:

(a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate a notice of public hearing in accordance with the requirements of s. 147.09 283.39 (1) at least 10 days prior to holding a public hearing thereon.

(am) After a verified petition for review is filed and until the last day for seeking review of the department's decision or a later date fixed by order of the reviewing court, any term or condition, thermal effluent limitation or water quality based effluent limitation which is the subject of the petition is not effective. All other provisions of the permit continue in effect except those for which an application for a variance has been submitted under s. 147.05 283.15. For those provisions for which a petition for review has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

(3) Subsections (1) and (2) do not apply if a hearing on the permit application is conducted as a part of a hearing under s. 144.836 293.43.

(4) Subsections (1) and (2) do not apply to the modification of a permit which implements a decision under s. 147.05 283.15 or the denial of a request for a variance under s. 147.05 283.15. A proceeding under subs. (1) and (2) shall not be delayed pending completion of the review of a variance request under s. 147.05 283.15.

(5) Rules promulgated under s. 144.025 (2) (b) 281.15 may not be reviewed under this section. The application of rules promulgated under s. 144.025 (2) (b) 281.15 may be reviewed under this section.

227,876 Section 876 . 147.21 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.91, and 283.91 (1) and (6), as renumbered, are amended to read:

283.91 (1) The department of justice, upon a referral pursuant to s. 147.29 283.89, may initiate a civil action for a temporary or permanent injunction for any violation of this chapter or any rule promulgated thereunder or of a term or condition of any permit issued under this chapter.

(6) For the purposes of subs. (3) and (4), the term “person" means in addition to the definition under s. 147.015 283.01 (11), any responsible corporate officer.

227,877 Section 877 . 147.23 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.87, and 283.87 (1) and (2), as renumbered, are amended to read:

283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. chs. 30, 31 or 144, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

(2) Adverse effects. The department may introduce evidence of the environmental pollution, as defined under s. 144.01 (3), that resulted from the unlawful discharge or deposit and evidence of the potential of the water environment for public use if the unlawful discharge or deposit had not occurred in order to assist the court in determining the adverse effects upon the water environment resulting from the unlawful discharge or deposit and in determining the amount of liability under sub. (1).

227,878 Section 878 . 147.25 of the statutes is renumbered 283.83.

227,879 Section 879 . 147.26 of the statutes is renumbered 283.85 and 283.85 (2) (intro.), as renumbered, is amended to read:

283.85 (2) (intro.) All plans submitted under s. 144.04 281.41 after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59, shall contain:

227,880 Section 880 . 147.27 of the statutes is renumbered 283.95.

227,881 Section 881 . 147.29 of the statutes is renumbered 283.89, and 283.89 (1), (2m) and (3), as renumbered, are amended to read:

283.89 (1) Except as provided in sub. (2m), whenever on the basis of any information available to it the department finds that any person is violating this chapter, any rule adopted thereunder or any term or condition of any permit issued pursuant to this chapter, the department shall refer the matter to the department of justice for enforcement under s. 147.21 283.91.

(2m) If the department finds a violation of s. 147.021 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 147.21 283.91 (2), the department shall issue a citation and the procedures in ss. 23.50 to 23.99 apply.

(3) In any criminal action commenced under s. 147.21 283.91, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance.

227,882 Section 882 . 147.30 of the statutes is renumbered 283.93, and 283.93 (2), as renumbered, is amended to read:

283.93 (2) Financial assistance under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59; and

227,883 Section 883 . Chapter 159 (title) of the statutes is renumbered chapter 287 (title) and amended to read:

CHAPTER 287

SOLID WASTE reduction,
recovery and recycling

227,884 Section 884 . Subchapter I (title) of chapter 159 [precedes 159.01] of the statutes is renumbered subchapter I (title) of chapter 287 [precedes 287.01].

227,885 Section 885 . 159.01 of the statutes is renumbered 287.01, and 287.01 (7), (9), (10), (11), (12), (15) and (16), as renumbered, are amended to read:

287.01 (7) “Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61 (5) 291.01 (7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 144.44 (7) (a) 1 289.01 (17).

(9) “Responsible unit" means a municipality, county, another unit of government, including a federally recognized Indian tribe or band in this state, or solid waste management system under s. 59.07 (135), that is designated under s. 159.09 287.09 (1).

(10) “Solid waste" has the meaning given in s. 144.01 (15) 289.01 (33).

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

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

(15) “Solid waste storage" has the meaning given in s. 144.43 (7g) 289.01 (38).

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

227,886 Section 886 . 159.03 of the statutes, as affected by 1993 Wisconsin Act 75 and 1995 Wisconsin Act 27, is renumbered 287.03.

227,887 Section 887 . 159.05 of the statutes is renumbered 287.05, and 287.05 (8) and (9), as renumbered, are amended to read:

287.05 (8) That the powers enumerated under s. 159.13 287.13 constitute proper powers consistent with uniform state policies concerning solid waste reduction, reuse, recycling, composting and resource recovery from solid waste; these powers are necessary for the safe, beneficial, economical and lawful management of solid waste; and these powers are necessary to accomplish or facilitate these uniform state policies by encouraging the financing, acquisition, construction, improvement, operation, maintenance and ownership of recycling and resource recovery facilities. The powers enumerated under s. 159.13 287.13 constitute proper powers consistent with essential and legitimate governmental functions; and these powers are to be utilized in providing for the health, safety and welfare of and providing services and benefits for inhabitants of municipalities, counties and this state.

(9) That the state policies declared under this section and the standards, criteria, requirements and procedures established under s. 159.13 287.13 ensure that a municipality or county exercising powers under s. 159.13 287.13 acts in a manner consistent with uniform state policies and acts as an arm of the state for the public good.

227,888 Section 888 . Subchapter II (title) of chapter 159 [precedes 159.07] of the statutes is renumbered subchapter II (title) of chapter 287 [precedes 287.07].

227,889 Section 889 . 159.07 of the statutes, as affected by 1995 Wisconsin Acts 27 and 142, is renumbered 287.07, and 287.07 (1m) (a), (2), (3) (j) and (7) (a), (b) 1. b., (c) 2. b. and 3., (e), (f), (g) 1. b. and (h) 1. b., as renumbered, are amended to read:

287.07 (1m) (a) Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with s. 144.79 299.45 (7), if applicable.

(2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ss. 144.43 to 144.47 ch. 289, or burn yard waste without energy recovery in a solid waste facility in this state.

(3) (j) A waste tire, as defined in s. 144.449 289.55 (1) (c).

(7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 159.11 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 159.12 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 159.11 287.11.

(b) 1. b. “Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 144.391 285.60 or 144.44 (4) 289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in par. (c) 1. cr.

(c) 2. b. The disposal of, in a solid waste disposal facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ss. 144.43 to 144.47 ch. 289, to render the infectious waste noninfectious.

3. A person may not burn medical waste at a medical waste incinerator unless the person complies with s. 144.382 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under sub. (8) (a) and the annual assessment under sub. (8) (b).

(e) The department may grant a waiver to the prohibition in sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under ch. 144 chs. 281, 285 and 289 to 299 under conditions established by the department relating to the feasibility of complying with the prohibition in sub. (2).

(f) The prohibitions in subs. (2) and (3) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 144.44 (3) 289.30.

(g) 1. b. The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.

(h) 1. b. Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.

227,890 Section 890 . 159.08 of the statutes is renumbered 287.08.

227,891 Section 891. 159.09 of the statutes is renumbered 287.09, and 287.09 (2) (a) and (b) (intro.) and 2m. and (3) (b), as renumbered, are amended to read:

287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 159.07 287.07 (1m) to (4) and the priorities under s. 159.05 287.05 (12).

(b) (intro.) Submit to the department by January 1, 1993, a report setting forth how the responsible unit intends to implement its program under par. (a), as it relates to the requirements of s. 159.07 287.07 (3) and (4). The report shall specify all of the following:

2m. The procedures or processes that the responsible unit intends to use to manage solid waste that is not separated for recovery or recycling, consistent with the priorities under s. 159.05 287.05 (12).

(3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2., is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 159.13 287.13 (1) (d), only as provided under s. 159.13 287.13.

227,892 Section 892 . 159.095 of the statutes is renumbered 287.095.

227,893 Section 893 . 159.10 of the statutes is renumbered 287.10 and amended to read:

287.10 Limit on local regulation. No responsible unit that accepts funds under s. 159.23 287.23 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.

227,894 Section 894 . 159.11 of the statutes, as affected by 1995 Wisconsin Act 142 is renumbered 287.11, and 287.11 (1), (2) (a), (b), (c) (intro.), (d) (intro.), (dm), (er), (ew) and (i) and (2m) (a) 2., (b) and (c) and (2p), as renumbered, are amended to read:

287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 159.09 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

(2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 159.07 287.07 (3) and (4).

(b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 159.07 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07 287.07 (3) and (4) from that postconsumer waste:

(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07 287.07 (3) and (4) from that postconsumer waste:

(dm) Beginning in 1997, a system of volume-based solid waste fees to generate revenue equal to the responsible unit's costs for solid waste management other than those reimbursed by the state. This criterion does not apply to any responsible unit that separates for recycling at least 25% by volume or by weight of the solid waste collected within the region by the responsible unit or by any person under contract with the responsible unit. This criterion does not apply to a responsible unit that provides solid waste to an operating solid waste treatment facility, as defined in s. 159.07 287.07 (7) (b) 1. b., under a contract that was in effect on January 1, 1993.

(er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 159.07 287.07 (3) and (4) that is separated for recycling as part of the program.

(ew) Provisions for the management of postconsumer waste that is not separated for recycling or recovery under par. (b) consistent with the highest feasible priority under s. 159.05 287.05 (12).