subchapter VIII
Miscellaneous
(precedes 285.70)
Subchapter IX
Enforcement; Penalties
(precedes 285.81)
227,990
Section 990
. 287.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
227,991
Section 991
. Chapter 289 of the statutes is created to read:
Chapter 289
Solid Waste Facilities
Subchapter I
Definitions
(precedes 289.01)
289.01 (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.
(7) “Department" means the department of natural resources.
(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.
(9) “Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
(11) “Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
(23) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
(27) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
(28) “Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
(31) “Secretary" means the secretary of natural resources.
(31m) “Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12), with such surface water or groundwater as may be present.
(33) “Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).
(41) “Waste site" means any site, other than an approved facility, an approved mining facility or a nonapproved facility, where waste is disposed of regardless of when disposal occurred or where a hazardous substance is discharged before May 21, 1978.
(42) “Wastewater" means all sewage.
(44) “Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.
Subchapter II
Administration; Solid Waste
Management Standards
(precedes 289.05)
289.06 Department duties.
289.07 Department powers.
subchapter iii
facilities; siting
(precedes 289.21)
289.23 Feasibility report required; distribution; public notice.
289.24 Feasibility report contents; completeness; distribution.
(4) Immediately after the applicant receives notification of the department's determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under s. 289.32.
289.25 Environmental review.
289.26 Informational hearing.
289.27 Contested case hearing.
289.28 Determination of need.
289.29 Determination of feasibility.
Subchapter IV
Long-term care; financial
responsibility; operation; waivers;
exemptions; closure
(precedes 289.41)
289.42 Operation of facilities.
Subchapter V
Facilities; regulation of specific
facility or waste types
(precedes 289.51)
subchapter vi
fees; funds
(precedes 289.61)
289.62 Tonnage fees.
289.67 Environmental repair fee and surcharge.
Subchapter VII
Financial assistance
(precedes 289.83)
subchapter Viii
enforcement; penalties
(precedes 289.91)
289.94 Imminent danger. (1)
Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:
(a) Provide immediate notice of the danger to each affected municipality.
(b) Promptly post notice of the danger at the site at which the danger exists, or order a person responsible for the danger to post such notice.
(2) Other actions. In addition to the actions under sub. (1), the department may do one or more of the following:
(a) Issue any special order necessary to protect public health or the environment.
(b) Take any other action necessary to protect public health or the environment.
(c) Request the department of justice to commence legal proceedings to restrain or enjoin any person from handling, storage, treatment, transportation or disposal which presents or may present an imminent and substantial danger to health or the environment or take any other action as may be necessary to protect public health and the environment.
Note: This provision is currently numbered s. 144.72 and relates to both solid and hazardous waste. Section 144.72 is renumbered s. 291.85 and made applicable to hazardous waste. The identical language is duplicated here for solid waste.
289.96 (3) (a) Except for the violations enumerated in sub. (1), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, the penalty does not accrue.
(b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
227,992
Section 992
. Chapter 291 of the statutes is created to read:
Chapter 291
hazardous waste management
Subchapter I
Declaration of Policy
(precedes 291.001)
subchapter ii
definitions
(precedes 291.01)
291.01 (4) “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.
(12) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
(16) “Solid waste" has the meaning given under s. 289.01 (33).
(23) “Wastewater" means all sewage.
SUBCHAPTER iii
administration
(precedes 291.05)
291.05 Required rules.
(5) (a) The department shall promulgate rules regarding hazardous waste transportation that establish standards for the following:
291.07 Authorized rules.
291.09 Department duties.
291.11 Department powers.
subchapter iv
HAZARDOUS WASTE;
GENERAL REGULATION
(precedes 291.21)
291.25 Licenses; treatment, storage or disposal.
subchapter v
ENFORCEMENT; PENALTIES
(precedes 291.85)
227,993
Section 993
. Chapter 292 of the statutes is created to read:
Chapter 292
remedial action
SUBCHAPTER I
DEFINITIONS
(precedes 292.01)
292.01 Definitions. In this chapter:
(1) “Approved facility" has the meaning given in s. 289.01 (3).
(1m) “Approved mining facility" has the meaning given in s. 289.01 (4).
(2) “Department" means the department of natural resources.
(4) “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.
(5) “Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
(6) “Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05.
(7) “Landfill" means a solid waste facility for solid waste disposal.
(10) “Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
(11) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
