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 Wis. 2d 646,
489 N.W.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 willfully 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 willfully does any of the following is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $100,000:
Effective date note
Note: Par. (b)(intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Any person who willfully 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 is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (i), the person may be fined not more than $50,000.
Effective date note
Note: Subd. 1. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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.
291.97(2)(c)2.
2. For a 2nd or subsequent violation under
par. (b), a person is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (f), the person may be fined not more than $150,000.
Effective date note
Note: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
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 Wis. 2d 363,
483 N.W.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 Wis. 2d 428,
493 N.W.2d 254 (Ct. App. 1992).
