1995 Chapter 289

CHAPTER 289

Solid waste facilities

SUBCHAPTER I

DEFINITIONS

289.01 Definitions.

SUBCHAPTER II

ADMINISTRATION; SOLID WASTE
MANAGEMENT STANDARDS

289.05 Solid waste management standards.

289.06 Department duties.

289.07 Department powers.

289.08 Duties of metallic mining council.

289.09 Confidentiality of records.

289.10 County solid waste management.

289.11 Federal aid.

289.12 Landfill official liability.

SUBCHAPTER III

FACILITIES; SITING

289.21 Initial site report.

289.22 Local approval.

289.23 Feasibility report required; distribution; public notice.

289.24 Feasibility report contents; completeness; distribution.

289.25 Environmental review.

289.26 Informational hearing.

289.27 Contested case hearing.

289.28 Determination of need.

289.29 Determination of feasibility.

289.30 Plan of operation.

289.31 Operating license.

289.32 Distribution of documents.

289.33 Solid and hazardous waste facilities; negotiation and arbitration.

289.34 Noncompliance with plans or orders.

289.35 Shoreland and floodplain zoning.

289.36 Acquisition of property by condemnation.

SUBCHAPTER IV

LONG-TERM CARE; FINANCIAL RESPONSIBILITY; OPERATION; WAIVERS; EXEMPTIONS; CLOSURE

289.41 Financial responsibility.

289.42 Operation of facilities.

289.43 Waivers; exemptions.

289.44 Exemption for certain alcohol fuel production systems.

289.445 Exemption for certain fruit and vegetable washing facilities.

289.45 Solid waste storage.

289.46 Transference of responsibility.

289.47 Closure notice.

SUBCHAPTER V

FACILITIES; REGULATION OF SPECIFIC FACILITY OR WASTE TYPES

289.51 Solid waste open burning standards.

289.53 Commercial PCB waste storage and treatment facilities.

289.55 Tire dumps.

289.57 Disposal and treatment records.

289.59 Disposal and burning of low-level radioactive waste.

SUBCHAPTER VI

FEES; FUNDS

289.61 License and review fees.

289.62 Tonnage fees.

289.63 Groundwater, solid waste capacity and well compensation fees.

289.64 Solid waste facility siting board fee.

289.65 Incinerators; solid waste capacity fee.

289.66 Solid waste capacity fees; department determinations.

289.67 Environmental repair fee and surcharge.

289.68 Payments from the waste management fund and related payments.

SUBCHAPTER VII

FINANCIAL ASSISTANCE

289.83 Dump closure cost-sharing grants.

SUBCHAPTER VIII

ENFORCEMENT; PENALTIES

289.91 Inspections.

289.92 Review of alleged violations.

289.93 Orders.

289.94 Imminent danger.

289.95 Enforcement procedures for older facilities.

289.96 Penalties.

289.97 Violations: enforcement.

Ch. 289 Note NOTE: 1995 Wis. Act 227 renumbered the provisions of chs. 144, 147, 159 and 162, Stats. 1993-94, to be chs. 280-299, Stats. 1995-96. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5.

subch. I of ch. 289 SUBCHAPTER I

DEFINITIONS

289.01 289.01  Definitions. In this chapter, unless the context requires otherwise:

289.01(1) (1) "Affected municipality" means: 

289.01(1)(a) (a) A town, city, village or county in which all or a portion of a solid waste disposal facility or a hazardous waste facility is or is proposed to be located; and

289.01(1)(b) (b) A town, city, village or county whose boundary is within 1,200 feet of that portion of the facility designated by the applicant for the disposal of solid waste or the treatment, storage or disposal of hazardous waste in the feasibility report under s. 289.23, excluding buffers and similar areas.

289.01(2) (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.

289.01(3) (3) "Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s. 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 289.30.

289.01(4) (4) "Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 293.01 (12), used for the disposal of waste resulting from mining, as defined under s. 293.01 (9), or prospecting, as defined under s. 293.01 (18).