SB622,264,3
1289.96
(1) (a) No person may treat, store or dispose of high-volume industrial
2waste
, as defined under s. 144.44 (7) (a) 1., in violation of a testing requirement or
3condition of an exemption under s.
144.44 (7) (f) 4
289.43 (7) (d).
SB622,264,54
(b) No person may violate a testing requirement or condition of an exemption
5from regulation under s.
144.44 (7) (g) 3 289.43 (8) (c).
SB622, s. 642
6Section
642. 144.47 of the statutes is renumbered 289.97, and 289.97 (1) (a),
7as renumbered, is amended to read:
SB622,264,118
289.97
(1) (a) If the department has reason to believe that a violation of
ss.
9144.43 to 144.47 this chapter or any rule promulgated or special order, plan approval,
10or any term or condition of a license issued under
those sections this chapter 11occurred, it may:
SB622,264,2212
1. Cause written notice to be served upon the alleged violator. The notice shall
13specify the law or rule alleged to be violated, and contain the findings of fact on which
14the charge of violation is based, and, except as provided in s.
144.44 (8) 289.95, may
15include an order that necessary corrective action be taken within a reasonable time.
16This order shall become effective unless, no later than 30 days after the date the
17notice and order are served, the person named in the notice and order requests in
18writing a hearing before the department. Upon such request, the department shall
19after due notice hold a hearing. Instead of an order, and except as provided in s.
20144.44 (8) 289.95, the department may require that the alleged violator appear
21before the department for a hearing at a time and place specified in the notice and
22answer the charges complained of; or
SB622,264,2323
2. Initiate action under s.
144.98 299.95.
SB622, s. 643
24Section
643. 144.48 of the statutes is renumbered 299.51, and 299.51 (1) (a),
25(b) and (c) to (e), as renumbered, are amended to read:
SB622,265,1
1299.51
(1) (a) "Clinic" has the meaning given in s.
159.07 287.07 (7) (c) 1. a.
SB622,265,32
(b) "Medical waste" means infectious waste, as defined in s.
159.07 287.07 (7)
3(c) 1. c., and other waste that contains or may be mixed with infectious waste.
SB622,265,44
(c) "Solid waste disposal" has the meaning given in s.
144.43 (4r) 289.01 (34).
SB622,265,55
(d) "Solid waste facility" has the meaning given in s.
144.43 (5) 289.01 (35).
SB622,265,66
(e) "Solid waste treatment" has the meaning given in s.
144.43 (7r) 289.01 (39).
SB622, s. 644
7Section
644. 144.50 of the statutes is renumbered 299.53, and 299.53 (4) (a)
83., as renumbered, is amended to read:
SB622,265,109
299.53
(4) (a) 3. Refer the matter to the department of justice for enforcement
10under s.
144.98 299.95.
SB622, s. 645
11Section
645. 144.52 of the statutes is renumbered 299.55, and 299.55 (1) and
12(2) (a) and (d), as renumbered, are amended to read:
SB622,265,1513
299.55
(1) Records. Except as provided under sub. (2), records and other
14information furnished to or obtained by the department in the administration of ss.
15144.50 and 159.15 287.15 and 299.53 are public records subject to s. 19.21.
SB622,265,19
16(2) (a)
Application. Any person subject to s.
144.50 or 159.15 287.15 or 299.53 17may seek confidential treatment of any records or other information furnished to or
18obtained by the department in the administration of s.
144.50 or 159.15 287.15 or
19299.53.
SB622,266,1120
(d)
Use of confidential records. Except as provided under par. (c) and this
21paragraph, the department or the department of justice may use records and other
22information granted confidential status under this subsection only in the
23administration and enforcement of s.
144.50 or 159.15
287.15 or 299.53. The
24department or the department of justice may release for general distribution records
25and other information granted confidential status under this subsection if the
1applicant expressly agrees to the release. The department or the department of
2justice may release on a limited basis records and other information granted
3confidential status under this subsection if the department or the department of
4justice is directed to take this action by a judge or hearing examiner under an order
5which protects the confidentiality of the records or other information. The
6department or the department of justice may release to the U.S. environmental
7protection agency or its authorized representative records and other information
8granted confidential status under this subsection if the department or the
9department of justice includes in each release of records or other information a
10request to the U.S. environmental protection agency or its authorized representative
11to protect the confidentiality of the records or other information.
SB622, s. 646
12Section
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.
SB622, s. 647
13Section
647. 144.60 (2) of the statutes is renumbered 291.001.
SB622, s. 648
14Section
648. 144.60 (3) of the statutes is renumbered 291.35 and amended to
15read:
SB622,266,17
16291.35 Rules on metallic mining wastes. The requirements of
ss. 144.60
17to 144.74 this chapter shall be subject to s.
144.435 289.05 (2).
SB622, s. 649
18Section
649. 144.61 (intro.) and (1) of the statutes are renumbered 291.01
19(intro.) and (1) and amended to read:
SB622,266,20
20291.01 Definitions. (intro.) In
ss. 144.60 to 144.74 this chapter:
SB622,266,21
21(1) "Closing" has the meaning designated under s.
144.43 (1m) 289.01 (5).
SB622, s. 650
1Section
650. 144.61 (2), (3) and (4) of the statutes are renumbered 291.01 (2),
2(3) and (5).
SB622, s. 651
3Section
651. 144.61 (5) of the statutes is renumbered 291.01 (7) and amended
4to read:
SB622,267,65
291.01
(7) "Hazardous waste" or "waste" means any solid waste identified by
6the department as hazardous under s.
144.62 (2) 291.05 (1), (2) or (4).
SB622, s. 652
7Section
652. 144.61 (5m) and (6) of the statutes are renumbered 291.01 (8) and
8(9).
SB622, s. 653
9Section
653. 144.61 (7) of the statutes is renumbered 291.01 (10) and amended
10to read:
SB622,267,1211
291.01
(10) "Long-term care" has the meaning designated under s.
144.43 (3) 12289.01 (21).
SB622, s. 654
13Section
654. 144.61 (8), (9), (9m), (10), (11), (12) and (13) of the statutes are
14renumbered 291.01 (11), (14), (17), (18), (19), (20) and (21), and 291.01 (19), as
15renumbered, is amended to read:
SB622,267,1716
291.01
(19) "Termination" has the meaning designated under s.
144.43 (8) 17289.01 (40).
SB622, s. 655
18Section
655. 144.61 (14) of the statutes is renumbered 291.01 (22) and
19amended to read:
SB622,267,2520
291.01
(22) "Treatment facility" means a facility at which hazardous waste is
21subjected to treatment and may include a facility where hazardous waste is
22generated. This term does not include a waste water treatment facility whose
23discharges are regulated under ch.
147 283 unless the facility is required to be
24permitted as a hazardous waste treatment facility under the resource conservation
25and recovery act.
SB622, s. 656
1Section
656. 144.62 (title) of the statutes is repealed.
SB622, s. 657
2Section
657. 144.62 (2) (a) of the statutes is renumbered 291.05 (1).
SB622, s. 658
3Section
658. 144.62 (2) (b) of the statutes is renumbered 291.05 (2), and 291.05
4(2) (b) and (c), as renumbered, are amended to read:
SB622,268,75
291.05
(2) (b) Except as provided under
subd. 3. par. (c), the list of hazardous
6wastes shall be identical to the list promulgated by the U.S. environmental
7protection agency under s. 6921 (b) of the resource conservation and recovery act.
SB622,268,168
(c) The department may include or retain on the list of hazardous wastes any
9additional solid waste not included on the list promulgated by the U.S.
10environmental protection agency if the department determines that the additional
11solid waste has characteristics which identify it as a hazardous waste based on the
12criteria promulgated under
par. (a) sub. (1) and if the department determines that
13the inclusion or retention is necessary to protect public health, safety or welfare. The
14department shall issue specific findings and conclusions on which its determinations
15are based and shall include or retain the additional solid waste on the list of
16hazardous wastes by rule.
SB622, s. 659
17Section
659. 144.62 (2) (c) of the statutes is renumbered 291.05 (4).
SB622, s. 660
18Section
660. 144.62 (3) of the statutes is renumbered 291.07 (1).
SB622, s. 661
19Section
661. 144.62 (4) of the statutes is renumbered 291.11 (5).
SB622, s. 662
20Section
662. 144.62 (5) of the statutes is renumbered 291.07 (2) and amended
21to read:
SB622,269,222
291.07
(2) The department may exempt by rule any person who generates,
23transports, treats, stores or disposes of hazardous wastes from any provision under
24ss. 144.60 to 144.74 this chapter or from any rule promulgated under
those sections
1this chapter if the generation, transportation, treatment, storage or disposal does not
2present a significant hazard to public health and safety or the environment.
SB622, s. 663
3Section
663. 144.62 (7) of the statutes is renumbered 291.05 (5) (b) and
4amended to read:
SB622,269,75
291.05
(5) (b) In developing requirements for licenses to transport hazardous
6waste under
s. 144.64 (1) par. (a), the department shall maintain consistency with
7rules promulgated by the department of transportation.
SB622, s. 664
8Section
664. 144.62 (8) of the statutes is renumbered 291.05 (6), and 291.05
9(6) (f), as renumbered, is amended to read:
SB622,269,1010
291.05
(6) (f) Corrective action under s.
144.735 291.37.
SB622, s. 665
11Section
665. 144.62 (8m) of the statutes is renumbered 291.07 (3) and
12amended to read:
SB622,269,1413
291.07
(3) The department may promulgate rules which specify the duration
14of licenses issued under s.
144.64 (2) 291.25.
SB622, s. 666
15Section
666. 144.62 (9) of the statutes is renumbered 291.09 (1).
SB622, s. 667
16Section
667. 144.62 (10) of the statutes is renumbered 291.05 (3), and 291.05
17(3) (a), as renumbered, is amended to read:
SB622,269,2418
291.05
(3) (a) The department shall promulgate rules under
sub. (2) (a) and (b) 19subs. (1) and (2) which establish not less than 2 nor more than 4 classes of hazardous
20waste and shall assign wastes to a particular class. The classes shall be based upon
21the relative degrees of hazard posed by the waste. Standards established under
ss.
22144.60 to 144.74 this chapter for hazardous waste facilities or for equipment which
23transports hazardous waste shall recognize and differentiate between the classes of
24waste which the facility or equipment is intended to transport, treat, store or dispose.
SB622, s. 668
1Section
668. 144.62 (12) of the statutes is renumbered 291.09 (2) and amended
2to read:
SB622,270,63
291.09
(2) If facilities or equipment subject to
ss. 144.60 to 144.74 this chapter 4are also subject to regulation by the department under other statutes or rules, the
5department shall integrate its regulatory processes to avoid duplicative or
6contradictory actions or requirements.
SB622, s. 669
7Section
669. 144.62 (13) of the statutes is renumbered 291.11 (2) and amended
8to read:
SB622,270,129
291.11
(2) The department may waive compliance with any requirement under
10ss. 144.60 to 144.74 this chapter or shorten the time periods under
ss. 144.60 to
11144.74 this chapter to the extent necessary to prevent an emergency condition
12threatening public health, safety or welfare or the environment.
SB622, s. 670
13Section
670. 144.62 (14) of the statutes is renumbered 291.91 (1) and amended
14to read:
SB622,270,1715
291.91
(1) The department may inspect hazardous waste facility construction
16projects to determine compliance with
ss. 144.60 to 144.74 this chapter and rules
17promulgated and licenses issued under
those sections
this chapter.
SB622, s. 671
18Section
671. 144.62 (15) of the statutes is renumbered 291.11 (1) and amended
19to read:
SB622,270,2220
291.11
(1) The department may hold hearings relating to any aspect of the
21administration of
ss. 144.60 to 144.74 this chapter and, in connection with those
22hearings, compel the attendance of witnesses and the production of evidence.
SB622, s. 672
23Section
672. 144.62 (16) of the statutes is renumbered 291.93 and amended
24to read:
SB622,271,3
1291.93 (title)
Orders. The department may issue orders to effectuate the
2purposes of
ss. 144.60 to 144.74 this chapter and enforce those orders by all
3appropriate administrative and judicial proceedings.
SB622, s. 673
4Section
673. 144.62 (17) and (18) of the statutes are renumbered 291.11 (3)
5and (4).
SB622, s. 674
6Section
674. 144.63 of the statutes is renumbered 291.21, and 291.21 (1) and
7(7) to (9), as renumbered, are amended to read:
SB622,271,108
291.21
(1) Be responsible for testing programs needed to determine whether
9any material generated by them is a hazardous waste for purposes of
ss. 144.60 to
10144.74 this chapter.
SB622,271,12
11(7) Submit all reports required under
ss. 144.60 to 144.74 this chapter and
12rules promulgated under
those sections this chapter.
SB622,271,14
13(8) Comply with rules relating to notification under s.
144.62 291.05 (1), (2)
and
14(4).
SB622,271,17
15(9) Arrange that all wastes generated by them are transported, treated, stored
16or disposed of at facilities holding a license issued under
ss. 144.60 to 144.74 this
17chapter or issued under the resource conservation and recovery act.
SB622, s. 675
18Section
675. 144.64 (title) of the statutes is repealed.
SB622, s. 676
19Section
676. 144.64 (1) (title), (a) and (b) (intro.) of the statutes are
20renumbered 291.23 (title), (1) and (2) and amended to read:
SB622,271,23
21291.23 (title)
Transportation
Licenses; transportation.
(1) No person
22may transport hazardous waste without a license issued under this
subsection 23section.
SB622,272,3
1(2) Licenses issued under this
subsection section shall require compliance with
2rules of the department
. The rules shall establish standards for the following: 3promulgated under s. 291.05 (5) (a).
SB622, s. 677
4Section
677. 144.64 (1) (b) 1., 2., 3., 4. and 5. of the statutes are renumbered
5291.05 (5) (a) 1. to 5.
SB622, s. 678
6Section
678. 144.64 (1) (c) of the statutes is renumbered 291.23 (3) and
7amended to read:
SB622,272,108
291.23
(3) Licenses issued under this
subsection section may be denied,
9suspended or revoked for grievous and continuous failure to comply with the rules
10adopted under
par. (b) s. 291.05 (5) (a).
SB622, s. 679
11Section
679. 144.64 (2) (title) of the statutes is repealed.
SB622, s. 680
12Section
680. 144.64 (2) (a), (am), (b), (c) and (d) of the statutes are renumbered
13291.25 (1), (2), (3), (4) and (5), and 291.25 (1), (2) (a) and (b) and (3) to (5), as
14renumbered, are amended to read:
SB622,272,2115
291.25
(1) The storage of hazardous waste at the generation site by the
16generator of that waste for a period of less than 90 days is not subject to this
17subsection section. The storage of hazardous waste for a period of less than 10 days
18is exempt from this
subsection section if the storage is in connection with the
19transporting or movement of the hazardous waste. Notwithstanding the exemptions
20granted under this
paragraph subsection, no person may store or cause the storage
21of hazardous waste in a manner which causes environmental pollution.
SB622,272,23
22(2) (a) Construct a hazardous waste facility unless the person complies with
23s. 144.44 (2) to (3) ss. 289.23 to 289.30.
SB622,272,2524
(b) Operate a hazardous waste facility without an interim or operating license
25issued under this
subsection section.
SB622,273,2
1(3) Licenses issued under this
subsection section shall require compliance with
2s.
144.44 (4) 289.31 and rules promulgated under
ss. 144.60 to 144.74 this chapter.
SB622,273,11
3(4) The department may issue an interim license to a person who operates a
4hazardous waste facility if the person applies for a license under this
subsection 5section and complies with conditions and restrictions prescribed by rule or special
6order by the department pending the decision on the issuance of an operating license
7under this
subsection section. This
paragraph subsection applies only if the facility
8was in existence on November 19, 1980, or on a subsequent date which is the effective
9date of the statute or rule requiring the facility to obtain an operating license under
10this
subsection section. An interim license issued under this
paragraph subsection 11constitutes an operating license under this
subsection
section.
SB622,273,17
12(5) An existing hazardous waste facility which was never licensed under this
13subsection section, whether or not it was previously authorized to receive hazardous
14waste under s.
144.44 (4) 289.31, shall be treated as an unlicensed proposed facility
15which has not been constructed for the purpose of complying with
par. (am) 1. sub.
16(2) (a), for the purpose of obtaining an operating license under this
subsection section 17and for the purpose of administrative procedure and review under ch. 227.
SB622, s. 681
18Section
681. 144.64 (2) (e) of the statutes is renumbered 291.87 (1m), and
19291.87 (1m) (intro.) and (a) to (c), as renumbered, are amended to read: