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675. 144.64 (title) of the statutes is repealed.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679. 144.64 (2) (title) of the statutes is repealed.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:
SB622,277,1715
291.27
(2) This section does not apply to hazardous waste disposal facilities
16granted an interim license under s.
144.64 (2) (c)
291.25 (4) or a variance under s.
17144.64 (3) 291.31 or a facility subject to s.
144.64 (2m) 291.29.
SB622, s. 690
18Section
690. 144.69 (title) of the statutes is renumbered 291.91 (title).
SB622, s. 691
19Section
691. 144.69 of the statutes is renumbered 291.91 (2).
SB622, s. 692
20Section
692. 144.70 of the statutes is renumbered 291.15, and 291.15 (1) and
21(2) (a) and (d), as renumbered, are amended to read:
SB622,277,2422
291.15
(1) Records. Except as provided under sub. (2), any records or other
23information furnished to or obtained by the department in the administration of
ss.
24144.60 to 144.74 this chapter are public records subject to s. 19.21.
SB622,278,3
1(2) (a)
Application. An owner or operator of a hazardous waste facility may
2seek confidential treatment of any records or other information furnished to or
3obtained by the department in the administration of
ss. 144.60 to 144.74 this chapter.
SB622,278,204
(d)
Use of confidential records. Except as provided under par. (c) and this
5paragraph the department or the department of justice may use records and other
6information granted confidential status under this subsection only in the
7administration and enforcement of
ss. 144.60 to 144.74
this chapter. The department
8or the department of justice may release for general distribution records and other
9information granted confidential status under this subsection if the owner or
10operator expressly agrees to the release. The department or the department of
11justice may release on a limited basis records and other information granted
12confidential status under this subsection if the department or the department of
13justice is directed to take this action by a judge or hearing examiner under an order
14which protects the confidentiality of the records or other information. The
15department or the department of justice may release to the U.S. environmental
16protection agency or its authorized representative records and other information
17granted confidential status under this subsection if the department or the
18department of justice includes in each release of records or other information a
19request to the U.S. environmental protection agency or its authorized representative
20to protect the confidentiality of the records or other information.
SB622, s. 693
21Section
693. 144.72 of the statutes is renumbered 291.85, and 291.85 (1)
22(intro.), as renumbered, is amended to read:
SB622,279,223
291.85
(1) Notice required. (intro.)
If the department receives evidence that
24the past or present handling, storage, treatment, transportation or disposal of any
1solid or hazardous waste may present an imminent and substantial danger to health
2or the environment, the department shall do all of the following:
Note: This provision is duplicated for solid waste in new s. 289.94.
SB622, s. 694
3Section
694. 144.725 of the statutes is renumbered 291.89, and 291.89 (intro.)
4and (2) (b), as renumbered, are amended to read:
SB622,279,9
5291.89 Review of alleged violations. (intro.) Any 6 or more citizens or any
6municipality may petition for review of an alleged violation of
ss. 144.60 to 144.74 7this chapter or any rule promulgated or special order, plan approval, license or any
8term or condition of a license issued under
those sections this chapter in the following
9manner:
SB622,279,10
10(2) (b) Initiate action under s.
144.73 291.95.
SB622, s. 695
11Section
695. 144.73 of the statutes is renumbered 291.95, and 291.95 (1)
12(intro.) and (c) and (3), as renumbered, are amended to read:
SB622,279,1713
291.95
(1) Department action. (intro.)
If the department determines that any
14person is in violation of any requirement of
ss. 144.60 to 144.74 this chapter or any
15rule promulgated or special order, plan approval or term or condition of a license or
16variance issued under
those sections this chapter, the department may do one or
17more of the following:
SB622,279,1918
(c) Refer the matter to the department of justice for enforcement under s.
19144.98 299.95.
SB622,279,23
20(3) Assistance of district attorney. In any criminal action commenced under
21s.
144.74 291.97, the department of justice may request the assistance of the district
22attorney of any county in which the violation occurred, and the district attorney shall
23provide the requested assistance.
SB622, s. 696
1Section
696. 144.735 of the statutes is renumbered 291.37, and 291.37 (1) (c)
2and (2) (a), as renumbered, are amended to read:
SB622,280,103
291.37
(1) (c) "Solid waste management unit" means any unit designed or used
4for the storage, treatment or disposal of solid waste or hazardous waste or both,
5which is located in a hazardous waste facility required to have a license under s.
6144.64 (2) 291.25 or a permit under
42 USC 6925 or required to comply with s.
144.64
7(2m) 291.29. "Solid waste management unit" includes but is not limited to a
8container, tank, surface impoundment, disposal facility, incinerator, wastepile,
9landfill, underground injection well, land treatment unit or wastewater treatment
10facility.
SB622,280,24
11(2) (a) If the department determines that a release from a solid waste
12management unit has occurred the department may, except as provided under par.
13(b), require the owner or operator of the facility containing the solid waste
14management unit to take corrective action, including corrective action beyond the
15facility, if necessary. The department may require an owner or operator to take
16corrective action regardless of when the hazardous waste or hazardous constituent
17released was placed in the solid waste management unit. The department may
18require corrective action by means of a special order under this paragraph or as a
19condition of licensing or plan approval under s.
144.64 291.25 or 291.29. An order
20or condition under this paragraph shall state, with reasonable specificity, the nature
21of the corrective action required, shall include a description of the property on which
22the corrective action is to be taken and shall specify a period for achieving compliance
23and a period for the owner or operator to establish proof of financial responsibility
24for the cost of corrective action.
SB622, s. 698
3Section
698. 144.74 of the statutes is renumbered 291.97, and 291.97 (1) and
4(2) (a) 1. and 2. and (b) 1. and 2., as renumbered, are amended to read:
SB622,281,95
291.97
(1) Civil penalties. Any person who violates any provision of
ss. 144.60
6to 144.735 this chapter or any rule promulgated or special order, plan approval or
7term or condition of a license or variance issued under
those sections this chapter 8shall forfeit not less than $100 nor more than $25,000 for each violation. Each day
9of a continuing violation is a separate offense.
SB622,281,13
10(2) (a) 1. In connection with an application, label, manifest, record, report,
11license or other document relating to
ss. 144.60 to 144.735 this chapter, makes an
12untrue statement of a material fact or fails to state a material fact with the result
13that the statements made in the document are misleading.
SB622,281,1714
2. Destroys, alters, conceals or fails to submit a record required to be
15maintained or submitted under
ss. 144.60 to 144.735
this chapter or a rule
16promulgated or special order, plan approval or term or condition of a license or
17variance issued under
any of those sections this chapter.
SB622,281,1918
(b) 1. Transports any hazardous waste to a facility or site that does not have
19a license as required under s.
144.64 291.25.
SB622,281,2320
2. Stores, treats, transports or disposes of any hazardous waste without a
21license required under s.
144.64 291.23 or 291.25 or in violation of a rule promulgated
22or special order, plan approval or term or condition of a license or variance issued
23under
that section s. 291.23, 291.25, 291.29, 291.31 or 291.87.
SB622, s. 699
24Section
699. 144.75 of the statutes is renumbered 299.41.
SB622, s. 700
25Section
700. 144.76 (title) of the statutes is renumbered 292.11 (title).
SB622, s. 701
1Section
701. 144.76 (1) (intro.) of the statutes is repealed.
SB622, s. 702
2Section
702. 144.76 (1) (a), (b), (bm), (c) and (d) of the statutes are renumbered
3292.01 (3), (8), (9), (15) and (16).
SB622, s. 704
6Section
704. 144.76 (3) to (5) of the statutes are renumbered 292.11 (3) to (5).
SB622, s. 706
9Section
706. 144.76 (8) of the statutes is renumbered 292.11 (8).
SB622, s. 707
10Section
707. 144.76 (9) of the statutes, as affected by
1995 Wisconsin Act 27,
11is renumbered 292.11 (9), and 292.11 (9) (a) and (c), as renumbered, are amended to
12read:
SB622,282,1513
292.11
(9) (a) Any person holding a valid permit under ch.
147 283 is exempted
14from the reporting and penalty requirements of this section with respect to
15substances discharged within the limits authorized by the permit.
SB622,282,1816
(c) Any person discharging in conformity with a permit or program approved
17under
this chapter chs. 281, 285 or 289 to 299 is exempted from the reporting and
18penalty requirements of this section.
SB622, s. 708
19Section
708. 144.76 (9m) of the statutes is renumbered 292.21 (1), and 292.21
20(1) (a) 3., (b) 2., (c) 1. (intro.) and c., 2. g. and 3. and (d) (intro.), as renumbered, are
21amended to read:
SB622,282,2522
292.21
(1) (a) 3. The department may, by rule, designate as lending activities
23other activities, in addition to those listed in
sub. (1) (bm) s. 292.01 (9), that are
24related to undertaking appropriate actions to preserve and protect property or are
25related to the advancing of funds or credit or the collecting of funds.