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656. 144.62 (title) of the statutes is repealed.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:
SB622,273,2120
291.87
(1m) (intro.)
A license issued under
this subsection s. 291.25 may be
21denied, suspended or revoked if the applicant or licensee does any of the following:
SB622,273,2222
(a) Fails to pay any fee required under
sub. (4)
ss. 291.05 (7) and 291.33.
SB622,273,2423
(b) Fails to comply with
ss. 144.60 to 144.74 this chapter or any rule
24promulgated under
those sections this chapter.
SB622,274,2
1(c) Fails to comply with the approved plan of operation under s.
144.44 (3) 2289.30.
SB622, s. 682
3Section
682. 144.64 (2) (f) and (g) of the statutes are renumbered 291.25 (6)
4and (7) and amended to read:
SB622,274,115
291.25
(6) A treatment facility which is required to be permitted as a hazardous
6waste treatment facility under the resource conservation and recovery act and the
7discharges of which are regulated under ch.
147 283 shall comply with construction
8and operating standards promulgated by rule by the department. The department
9shall promulgate rules under this
paragraph subsection which are substantially
10equivalent to and not more stringent than the standards promulgated under the
11resource conservation and recovery act.
SB622,274,17
12(7) Notwithstanding
pars. (am) 1., (b) and (d) subs. (2) (a), (3) and (5), the owner
13or operator of a hazardous waste facility who holds a permit for the treatment,
14storage or disposal of hazardous waste issued before January 31, 1986, by the U.S.
15environmental protection agency under
42 USC 6925 (c) and who is in compliance
16with the permit may obtain an operating license under
par. (am) 2. sub. (2) (b) for the
17federally permitted activities by doing all of the following:
SB622,274,2118
(a) Submitting to the department, on a form provided by the department, an
19application showing that the facility meets the standards established under ss.
20144.44 289.21 to 289.31 and
144.60 to 144.74 this chapter and rules promulgated
21under those sections
and this chapter.
SB622,274,2422
(b) Complying with any condition that the department prescribes as necessary
23to meet any standard or requirement established under ss.
144.44 289.21 to 289.31 24and
144.60 to 144.74 this chapter.
SB622,274,2525
(c) Paying any fee required under
sub. (4) ss. 291.05 (7) and 291.33.
SB622, s. 683
1Section
683. 144.64 (2m) of the statutes is renumbered 291.29 and amended
2to read:
SB622,275,11
3291.29 Closure and long-term care plan for unlicensed facilities. Any
4person required to be licensed or eligible to obtain a license under
sub. (2) (c) s. 291.25 5who does not obtain a license under that
subsection
section shall submit to the
6department a closure plan and, if the facility is a disposal facility, a long-term care
7plan for the facility which complies with the requirements promulgated by the
8department by rule under s.
144.62 (8) 291.05 (6) (e) and shall comply with the plan
9as approved by the department. There is no statutory right to a hearing before the
10department concerning a plan submitted under this
subsection section but the
11department may grant a hearing on a plan.
Note: The cross-reference to sub. (2) (c) is ambiguous. It is not clear whether the
cross-reference applies only to a person "eligible to obtain" a license or whether it also
applies to a person who has a license. The use of "subsection" in that sentence suggests
that the reference to sub. (2) (c) is incorrectly narrow and that the proper reference is to
sub. (2). The cross-reference has been modified accordingly.
SB622, s. 684
12Section
684. 144.64 (3) of the statutes is renumbered 291.31 and amended to
13read:
SB622,275,20
14291.31 Variance. If the department determines that the application for or
15compliance with any license required under
sub. (1) or (2) s. 291.23 or 291.25 would
16cause undue or unreasonable hardship to any person, the department may issue a
17variance from the requirements of
this section s. 291.23, 291.25, 291.29 or 291.87 but
18the variance may not result in undue harm to public health or the environment and
19the duration of the variance may not exceed 5 years. The department may renew or
20extend a variance only after opportunity for a public hearing.
SB622, s. 685
21Section
685. 144.64 (4) (title) of the statutes is repealed.
SB622, s. 686
1Section
686. 144.64 (4) (a) of the statutes is renumbered 291.05 (7), and 291.05
2(7) (a) and (b), as renumbered, are amended to read:
SB622,276,53
291.05
(7) (a) The department shall promulgate by rule a graduated schedule
4of reasonable license, plan approval and review fees to be charged for hazardous
5waste activities under
this section ss. 291.23, 291.25, 291.29, 291.31 and 291.87.
SB622,276,116
(b) Hazardous waste activities under
this section
ss. 291.23, 291.25, 291.29,
7291.31 and 291.87 consist of reviewing feasibility reports, plans of operation, closure
8plans and license applications, issuing determinations of feasibility, plan of
9operation approvals, operating licenses, interim licenses and variances, inspecting
10construction projects, approving closure plans and taking other actions in
11administering this
section ss. 291.23, 291.25, 291.29, 291.31 and 291.87.
SB622, s. 687
12Section
687. 144.64 (4) (b) of the statutes is renumbered 291.33 and amended
13to read:
SB622,276,16
14291.33 (title)
Tonnage fees. A person who operates a licensed hazardous
15waste disposal facility shall pay the fees imposed and specified under s.
144.441 (3)
16and (4) 289.62.
SB622, s. 688
17Section
688. 144.645 of the statutes is renumbered 291.87 and 291.87, (1) to
18(3), as renumbered, are amended to read:
SB622,276,2119
291.87
(1) If the department proposes to deny, suspend or revoke a license for
20the reasons stated under
s. 144.64 (2) (e) 2. to 6.
sub. (1m) (b) to (f), the department
21shall comply with the procedures specified under this section.
SB622,277,2
22(2) If the department determines that a person licensed under s.
144.64 (2) 23291.25 failed to comply with the rules promulgated under
ss. 144.60 to 144.74 this
24chapter or failed to comply with the approved plan of operation under s.
144.44 (3) 25289.30, the department shall give written notice to the person. The notice shall state
1that the department proposes to deny, suspend or revoke the license and shall inform
2the person that a hearing may be requested within 45 days after the notice is issued.
SB622,277,12
3(3) If the licensee requests a hearing within 45 days after receiving the notice
4under sub. (2), the department shall schedule a hearing and give notice of the hearing
5by publishing a class 1 notice, under ch. 985, at least 45 days prior to the date
6scheduled for the hearing. If the licensee requests a contested case hearing and if
7the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department
8shall conduct the hearing as a contested case; otherwise, the department shall
9conduct the hearing as an informational hearing. There is no statutory right to any
10hearing concerning the denial, suspension or revocation of a license for the reasons
11stated under
s. 144.64 (2) (e) 2. to 6. sub. (1m) (b) to (f) except as provided under this
12subsection.
SB622, s. 689
13Section
689. 144.68 of the statutes is renumbered 291.27, and 291.27 (2), as
14renumbered, is amended to read: