The department shall restrict the persons who may use any facility established under sub. (1)
No person who is regularly engaged in the business of manufacturing, selling, distributing or transporting pesticides may use the facility.
No person who is a certified commercial applicator or a certified nonresident commercial applicator under s. 94.705
may use the facility.
History: 1983 a. 397
; 1987 a. 27
; 1995 a. 227
; Stats. 1995 s. 299.43.
Manufacture and purchase of polychlorinated biphenyls. 299.45(1)(a)
"PCBs" mean the class of organic compounds generally known as polychlorinated biphenyls and includes any of several compounds or mixtures of compounds produced by replacing 2 or more hydrogen atoms on the biphenyl molecule with chlorine atoms.
"Product containing PCBs" means any item, device or material to which PCBs are intentionally added during or after manufacture as plasticizers, heat transfer media, hydraulic fluids, dielectric fluids, solvents, surfactants, insulators or coating, adhesive, printing or encapsulating materials or for other uses related to the function of such item, device or material.
No person may manufacture, or purchase for use within this state, PCBs or a product containing PCBs.
(3) Subsection (2)
shall not apply to any product containing PCBs if:
The product contains PCBs in a closed system as a dielectric fluid for an electric transformer, electromagnet or capacitor, unless the department by rule prohibits such manufacture or purchase of specific products for which the department has determined that adequate alternatives are available at the time of manufacture or purchase.
The product is an electrical component containing less than 2 pounds of PCBs, unless the department by rule prohibits the manufacture or purchase of any such product manufactured after the effective date of such rule for which the department has determined that an adequate alternative is available.
The product is wastepaper, pulp or other paper products or materials, in which case such product may be purchased for use within this state in the manufacture of recycled paper products.
(4) Subsection (2)
shall not be construed to prohibit the manufacture or purchase of PCBs or products containing PCBs for use within this state in scientific research, analytical testing or experimentation.
The department by rule may exempt other uses of PCBs from the provisions of sub. (2)
for specific products when adequate alternatives are not available.
In determining whether adequate alternatives are available under sub. (3) (a)
, the department shall take into account and make specific findings as to the following criteria:
The commercial availability and cost of alternative products;
The safety of alternative products to both human life and property;
The acceptance of alternative products by insurance underwriters;
The extent to which use of such alternative products is otherwise restricted by law;
The degree to which such alternative products satisfy the performance standards required for the particular use; and
Any adverse environmental effects associated with such alternative products.
The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under sub. (3) (b)
. In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under s. 289.05 (1)
and chs. NR 500
, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in sub. (1) (c)
. Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.
The department shall adopt rules setting forth the method and manner of sampling, preparing samples and analyzing PCBs which shall be used by the department in implementing this section.
Medical waste management. 299.51(1)(am)
"Manifest" means a form used for identifying the quantity, composition, origin, routing and destination of medical waste during its transport and disposal.
"Medical waste" means infectious waste, as defined in s. 287.07 (7) (c) 1. c.
, and other waste that contains or may be mixed with infectious waste.
(2) Medical waste reduction.
Except as provided under sub. (3) (am)
, every clinic, nursing home and hospital shall implement a policy for the reduction of the amount of medical waste generated as required by the department by rule.
The department shall promulgate rules that do all of the following:
Establish requirements for medical waste reduction by hospitals.
Exempt types of generators of medical waste that generate less than 50 pounds of medical waste per month from the requirement under sub. (2)
Establish requirements for packaging, handling, shipping and transporting medical waste.
Require a license for persons who transport medical waste and impose a fee for that license.
Require the use of manifests to monitor the transport and disposal of medical waste.
No person may transport medical waste without a license issued by the department under sub. (3) (c)
No person may dispose of medical waste in a facility for solid waste disposal unless the medical waste has undergone solid waste treatment.
Any person who violates sub. (4) (b)
may be required to forfeit not more than $25,000. Each act of disposal in violation of sub. (4) (b)
constitutes a separate offense.
History: 1991 a. 39
; 1995 a. 227
; Stats. 1995 s. 299.51.
"Used oil" means any petroleum-derived or synthetic oil which, as a result of use or management, is contaminated. "Used oil" includes, but is not limited to, the following:
Metalworking fluid, including cutting, grinding, machining, rolling, stamping, quenching and coating oils.
"Used oil fuel" means any fuel designated by the department by rule that contains used oil or is produced from used oil or from a combination of used oil and other material.
A person who does any of the following shall notify the department of the location and description of each facility used and the description of the used oil fuel:
Owns or operates a facility that produces used oil fuel or a facility that recovers energy by burning used oil fuel.
The department may by rule exempt specific persons or facilities from the requirements of par. (a)
(3) Inspections and right of entry.
Upon the request of any officer or employe of the department and with notice provided no later than upon the officer's or employe's arrival, any person subject to sub. (2) (a)
shall permit the officer or employe access to vehicles, premises and records relating to used oil fuel at any reasonable time. An officer or employe of the department may take samples of any used oil fuel. The officer or employe shall commence and complete inspections with reasonable promptness. The officer or employe shall give the person a receipt for each sample taken and, upon request, half of the sample. The department shall promptly furnish the person with a copy of the results of the analysis of each sample and a copy of the inspection report.
If the department determines that any person is in violation of sub. (2) (a)
or any rule promulgated under this section, the department may do one or more of the following:
Issue a special order requiring compliance within a specified time period.
Department of justice action; disposition.
The department of justice may initiate the legal action requested by the department under par. (a) 3.
after receipt of the written request. In any action commenced by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice may not enter into a final disposition different than that previously discussed without first informing the department.
Any person who violates sub. (2) (a)
or any rule promulgated or special order issued under this section shall forfeit not more than $25,000 for each violation.
Any person who intentionally makes any false statement or representation in complying with sub. (2) (a)
shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall be fined not more than $50,000 or imprisoned for not more than 2 years or both.
Any action on a violation shall be commenced in the circuit court for the county in which the violation occurred. If all parties stipulate and the circuit court for Dane county agrees, the proceedings may be transferred to the circuit court for Dane county.
History: 1987 a. 384
; 1995 a. 227
; Stats. 1995 s. 299.53.
Confidentiality of records; used oil collection facilities and used oil fuel facilities. 299.55(1)
Except as provided under sub. (2)
, records and other information furnished to or obtained by the department in the administration of ss. 287.15
are public records subject to s. 19.21
Any person subject to s. 287.15
may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of s. 287.15
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 applicant as relating to production or sales figures or to processes or production unique to the applicant or which would tend to adversely affect the competitive position of the applicant 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 applicant or facility or 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 s. 287.15
. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the applicant 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.
History: 1987 a. 384
; 1989 a. 335
; 1995 a. 227
; Stats. 1995 s. 299.55.
Environmental protection requirements for tank vessels. 299.62(1)(a)
"Bulk" means an undivided quantity of a substance that is loaded directly into a vessel and is not divided into individual containers.
"Discharge" has the meaning given in s. 144.76 (1) (a)
Note: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.