291.89(3)
(3) If the department determines that a petition has been filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover expenses on the hearing in a civil action.
291.89 History
History: 1981 c. 374;
1995 a. 227 s.
694; Stats. 1995 s. 291.89.
291.91
291.91
Inspections and right of entry. 291.91(1)
(1) The department may inspect hazardous waste facility construction projects to determine compliance with this chapter and rules promulgated and licenses issued under this chapter.
291.91(2)
(2) Upon the request of any officer, employe or authorized representative of the department and with notice provided no later than upon the officer's, employe's or authorized representative's arrival, any person who generates, stores, treats, transports or disposes of hazardous wastes shall permit the officer, employe or authorized representative access to vehicles, premises and records relating to hazardous wastes at reasonable times. An officer, employe or authorized representative of the department may take samples of any hazardous waste. The officer, employe or authorized representative shall commence and complete inspections with reasonable promptness. If samples are taken, the officer, employe or authorized representative shall give a receipt for each sample to the person in charge of the facility and, upon request, half of the sample taken. The department shall furnish promptly a copy of the results of any analysis of any sample which is taken and a copy of the inspection report to the person in charge of the facility.
291.93
291.93
Orders. The department may issue orders to effectuate the purposes of this chapter and enforce those orders by all appropriate administrative and judicial proceedings.
291.93 History
History: 1995 a. 227 s.
672.
291.95(1)(1)
Department action. If the department determines that any person is in violation of any requirement of this chapter or any rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter, the department may do one or more of the following:
291.95(1)(a)
(a) Give written notice to the violator of his or her failure to comply with the requirement.
291.95(1)(b)
(b) Issue a special order requiring compliance within a specified time period.
291.95(1)(c)
(c) Refer the matter to the department of justice for enforcement under
s. 299.95.
291.95(2)
(2) Department of justice action; disposition. The department of justice may initiate the legal action requested by the department under
sub. (1) (c) after receipt of the written request. In any action commenced by it under this subsection, 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.
291.95(3)
(3) Assistance of district attorney. In any criminal action commenced under
s. 291.97, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance.
291.95(4)
(4) Venue. 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.
291.95 History
History: 1977 c. 377;
1981 c. 374;
1987 a. 384;
1995 a. 227 s.
695; Stats. 1995 s. 291.95.
291.95 Annotation
Enforcement of ch. 144 [now chs. 281 to 299] is not contingent on the issuance of a compliance order. State v. Edward Kraemer & Sons, Inc. 170 W (2d) 646, 489 NW (2d) 708 (Ct. App. 1992).
291.97
291.97
Violations and penalties. 291.97(1)
(1)
Civil penalties. Any person who violates any provision of this chapter or any rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter shall forfeit not less than $100 nor more than $25,000 for each violation. Each day of a continuing violation is a separate offense.
291.97(2)(a)(a) Any person who wilfully does any of the following shall be fined not less than $100 nor more than $25,000 or imprisoned for not more than one year in the county jail or both:
291.97(2)(a)1.
1. In connection with an application, label, manifest, record, report, license or other document relating to this chapter, makes an untrue statement of a material fact or fails to state a material fact with the result that the statements made in the document are misleading.
291.97(2)(a)2.
2. Destroys, alters, conceals or fails to submit a record required to be maintained or submitted under this chapter or a rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter.
291.97(2)(b)
(b) Any person who wilfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 years or both:
Effective date note
Note: Par. (b) (intro.) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(b) Any person who wilfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:
291.97(2)(b)1.
1. Transports any hazardous waste to a facility or site that does not have a license as required under
s. 291.25.
291.97(2)(b)2.
2. Stores, treats, transports or disposes of any hazardous waste without a license required under
s. 291.23 or
291.25 or in violation of a rule promulgated or special order, plan approval or term or condition of a license or variance issued under
s. 291.23,
291.25,
291.29,
291.31 or
291.87.
291.97(2)(c)1.1. For a 2nd or subsequent violation under
par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year in the Wisconsin state prisons or both.
291.97(2)(c)2.
2. For a 2nd or subsequent violation under
par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 years or both.
Effective date note
Note: Par. (c) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.
Effective date text
2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.
291.97(2)(d)
(d) Each day of a continuing violation constitutes a separate offense.
291.97(2)(e)
(e) If a person commits a violation in connection with an enterprise, as defined under
s. 946.82 (2), the maximum penalties specified in
pars. (a),
(b) and
(c) shall be doubled.
291.97 Annotation
Bankruptcy trustees acting within the scope of their official capacities may not be held personally liable under this section. State v. Better Brite Plating, 168 W (2d) 363, 483 NW (2d) 574 (1991).
291.97 Annotation
To obtain a conviction under s. 144.74 (2) (b) [now s. 291.97 (2) (b)] the state need not prove that the defendant knew a license was required. State v. Fettig, 172 W (2d) 428, 493 NW (2d) 254 (Ct. App. 1992).
