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.
In this chapter, unless the context requires otherwise:
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
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.
"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.
"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
"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)
"Closing" means the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses.
"Department" means the department of natural resources.
"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.
"Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
"Hazardous constituent" means any constituent designated by the department under s. 291.05 (4)
"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.
"Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05 (2)
"Hazardous waste disposal" has the meaning specified for disposal under s. 291.01 (3)
"Hazardous waste treatment" has the meaning specified for treatment under s. 291.01 (21)
"High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste.
"Informational hearing" means a hearing conducted under s. 227.18
"Landfill" means a solid waste facility for solid waste disposal.
"Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
"Municipal waste landfill" means a solid waste disposal facility that is not one of the following:
A solid waste disposal facility designed exclusively for the disposal of waste generated by a pulp mill, paper mill, foundry, prospecting or mining operation, electric or process steam generating facility or demolition activity.
"Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
"Nonapproved facility" means a licensed solid or hazardous waste disposal facility which is not an approved facility.
"Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
"Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
"Resource conservation and recovery act" means the federal resource conservation and recovery act, 42 USC 6901
, as amended on November 8, 1984.
"Secretary" means the secretary of natural resources.
"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.
"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)
"Solid waste disposal" means the discharge, deposit, injection, dumping or placing of any solid waste into or on any land or water. This term does not include the transportation, storage or treatment of solid waste.
"Solid waste facility" means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located. This term does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This term does not include a facility which uses large machines to sort, grade, compact or bale clean wastepaper, fibers or plastics, not mixed with other solid waste, for sale or use for recycling purposes. This term does not include an auto junk yard or scrap metal salvage yard.
"Solid waste management" means planning, organizing, financing, and implementing programs to effect the reduction, storage, collection, transporting, processing, reuse, recycling, composting, energy recovery from or final disposal of solid wastes in a sanitary, nuisance-free manner.
"Solid waste management plan" means a plan prepared to provide for solid waste management.
"Solid waste storage" means the holding of solid waste for a temporary period, at the end of which period the solid waste is to be treated or disposed.
"Solid waste treatment" means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
"Termination" means the final actions taken by an owner or operator of a solid or hazardous waste facility when formal responsibilities for long-term care cease.
"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.
"Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.
Violation of rules promulgated under 144.43 and 144.44 does not give rise to private right of action. Fortier v. Flambeau Plastics, 164 W (2d) 639, 476 NW (2d) 593 (Ct. App. 1991).
ADMINISTRATION; SOLID WASTE
Solid waste management standards. 289.05(1)
The department shall promulgate rules establishing minimum standards for the location, design, construction, sanitation, operation, monitoring and maintenance of solid waste facilities. Following a public hearing, the department shall promulgate rules relating to the operation and maintenance of solid waste facilities as it deems necessary to ensure compliance and consistency with the purposes of and standards established under the resource conservation and recovery act, except that the rules relating to open burning shall be consistent with s. 289.51
. The rules promulgated under this subsection shall conform to the rules promulgated under sub. (2)
With the advice and comment of the metallic mining council, the department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30
.The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency's efforts to implement the resource conservation and recovery act.
The department shall prescribe by rule minimum standards for closing, long-term care and termination of solid waste disposal facilities or hazardous waste facilities. The standards and any additional facility-specific requirements designated by the department shall be incorporated into the plan of operation prepared under s. 289.30
. The long-term care provisions in an approved plan of operation may be modified under s. 289.30 (8) (a) 3.
The department shall promulgate, by rule, standards for the reuse of foundry sand and other high-volume industrial waste, including high-volume industrial waste that qualifies for an exemption from regulation under s. 289.43 (8)
. The department shall design the rules under this subsection to allow and encourage, to the maximum extent possible consistent with the protection of public health and the environment, the beneficial reuse of high-volume industrial waste, in order to preserve resources, conserve energy and reduce or eliminate the need to dispose of high-volume industrial waste in landfills. In developing rules under this subsection, the department shall review methods of reusing high-volume industrial waste that are approved by other states and incorporate those methods to the extent that the department determines is advisable. In developing rules under this subsection, the department shall also consider the analysis and methodology used under 40 CFR 503.13
in determining the impacts on groundwater from various methods of reusing high-volume industrial wastes.
History: 1995 a. 227
The department shall:
Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and ss. 292.31
Encourage local units of government to handle solid waste disposal problems within their respective jurisdictions and on a regional basis, and provide technical and consultative assistance for that purpose.
Collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and ss. 292.31
Organize a comprehensive and integrated program to enhance the quality, management and protection of the state's land and water resources.
Provide technical assistance for the closure of a solid waste disposal facility that is a nonapproved facility.
History: 1995 a. 227
The department may:
Hold hearings relating to any aspect of the administration of this chapter and ss. 292.31
and, in connection therewith, compel the attendance of witnesses and the production of evidence.
Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
Advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
Conduct or direct scientific experiments, investigations, demonstration grants and research on any matter relating to solid waste disposal, including, but not limited to, land fill, disposal and utilization of junked vehicles, and production of compost.
History: 1995 a. 227
Duties of metallic mining council. 289.08(2)
The council shall serve as an advisory, problem-solving body to work with and advise the department on matters relating to the reclamation of mined land in this state and on methods of and criteria for the location, design, construction and operation and maintenance of facilities for the disposal of metallic mine-related wastes.
All rules proposed by the department relating to the subjects specified in this section shall be submitted to the council for review and comment prior to the time the rules are proposed in final draft form by the department. The department shall transmit the written comments of all members of the council submitting written comments with the summary of the proposed rules to the presiding officer of each house of the legislature under s. 227.19 (2)
Written minutes of all meetings of the council shall be prepared by the department and made available to all interested parties upon request.
Confidentiality of records. 289.09(1)
Except as provided under sub. (2)
, any records or other information furnished to or obtained by the department in the administration of this chapter and s. 299.15
are public records subject to s. 19.21
An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of this chapter and s. 299.15
Standards for granting confidential status.
Except as provided under par. (c)
, the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility or by the licensed hauler as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.
Emission data; analyses and summaries.
The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.
Use of confidential records.
Except as provided under par. (c)
and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter and s. 299.15
. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.