291.05(3)(b)3.
3. The harm to humans or the environment resulting from the exposure identified under
subd. 2. from the harmful components.
291.05(4)
(4) The department shall promulgate by rule a list of hazardous constituents which shall include, but need not be limited to, the hazardous constituents specified in
40 CFR 261, appendix VIII. The department may not list a hazardous constituent which is not specified in
40 CFR 261, appendix VIII unless it determines that the listing of the constituent is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which such a determination to list a hazardous constituent is based.
291.05(5)(a)(a) The department shall promulgate rules regarding hazardous waste transportation that establish standards for the following:
291.05(5)(a)1.
1. Record keeping concerning hazardous waste transported, and its source and delivery points.
291.05(5)(b)
(b) In developing requirements for licenses to transport hazardous waste under
par. (a), the department shall maintain consistency with rules promulgated by the department of transportation.
291.05(6)
(6) The department shall adopt rules which prescribe requirements for:
291.05(6)(a)
(a) The establishment and maintenance of records.
291.05(6)(b)
(b) The making of reports, including the manifest to be used during the transport of hazardous waste.
291.05(6)(d)
(d) Installation, calibration, use and maintenance of monitoring equipment.
291.05(6)(e)
(e) The design, construction, operation, closing and long-term care of hazardous waste facilities.
291.05(7)(a)(a) The department shall promulgate by rule a graduated schedule of reasonable license, plan approval and review fees to be charged for hazardous waste activities under
ss. 291.23,
291.25,
291.29,
291.31 and
291.87.
291.05(7)(b)
(b) Hazardous waste activities under
ss. 291.23,
291.25,
291.29,
291.31 and
291.87 consist of reviewing feasibility reports, plans of operation, closure plans and license applications, issuing determinations of feasibility, plan of operation approvals, operating licenses, interim licenses and variances, inspecting construction projects, approving closure plans and taking other actions in administering this
ss. 291.23,
291.25,
291.29,
291.31 and
291.87.
291.05(7)(c)
(c) The department shall establish hazardous waste review fees at a level anticipated to recover the hazardous waste program staff review costs of conducting hazardous waste review activities.
291.05 History
History: 1995 a. 227 ss.
657,
658,
659,
663,
664,
667,
677,
686,
992.
291.05 Cross-reference
Cross Reference: See also ch.
NR 182, Wis. adm. code.
291.07
291.07
Authorized rules. 291.07(1)(1) The department may, by rule, prohibit particular methods of treatment or disposal of particular hazardous wastes, upon a finding that restrictions on treatment or disposal methods are necessary to protect public health and safety or the environment.
291.07(2)
(2) The department may exempt by rule any person who generates, transports, treats, stores or disposes of hazardous wastes from any provision under this chapter or from any rule promulgated under this chapter if the generation, transportation, treatment, storage or disposal does not present a significant hazard to public health and safety or the environment.
291.07(3)
(3) The department may promulgate rules which specify the duration of licenses issued under
s. 291.25.
291.07 History
History: 1995 a. 227 ss.
660,
662,
665,
992.
291.07 Cross-reference
Cross Reference: See also chs.
NR 660,
661,
662,
663,
664,
665,
666,
668,
670,
673 and
679, Wis. adm. code.
291.09
291.09
Department duties. 291.09(1)(1) The department, in cooperation with the University of Wisconsin-Extension and other interested parties, shall develop educational programs and offer technical assistance to persons interested in hazardous waste management.
291.09(2)
(2) If facilities or equipment subject to this chapter are also subject to regulation by the department under other statutes or rules, the department shall integrate its regulatory processes to avoid duplicative or contradictory actions or requirements.
291.09(3)
(3) The department shall study whether the list of hazardous wastes under
s. 291.05 (2) should be revised as it relates to commercial chemical products.
291.11
291.11
Department powers. 291.11(1)(1) The department may hold hearings relating to any aspect of the administration of this chapter and, in connection with those hearings, compel the attendance of witnesses and the production of evidence.
291.11(2)
(2) The department may waive compliance with any requirement under this chapter or shorten the time periods under this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare or the environment.
291.11(3)
(3) The department may secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
291.11(4)
(4) The department may advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government and other interested persons or groups.
291.11(5)
(5) The department may enter into a compact with agencies in other states for the purposes of mutual assistance in the management and regulation of hazardous wastes.
291.11 History
History: 1995 a. 227 ss.
661,
669,
671,
673,
992.
291.13
291.13
Capacity assurance plan revision and review. 291.13(1)(1) In this section, "capacity assurance plan" means the plan submitted under
42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.
291.13(2)
(2) The department shall do all of the following:
291.13(2)(a)
(a) Monitor changes in the generation of hazardous waste in this state and the progress toward meeting the goals in the capacity assurance plan.
291.13(2)(b)
(b) Notify the governor of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.
291.13(2)(c)
(c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the governor and the legislature under
s. 13.172 (2).
291.13(2)(d)
(d) Hold a public informational hearing, that is not a contested case hearing under
ch. 227, to solicit comments on the draft of the revised capacity assurance plan no later than 45 days after providing the draft under
par. (c).
291.13(2)(e)
(e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the governor and the legislature under
s. 13.172 (2).
291.13 History
History: 1989 a. 325;
1991 a. 41;
1995 a. 27;
1995 a. 227 s.
697; Stats. 1995 s. 291.13.
291.15
291.15
Confidentiality of records. 291.15(1)
(1)
Records. Except as provided under
sub. (2), any records or other information furnished to or obtained by the department in the administration of this chapter are public records subject to
s. 19.21.
291.15(2)(a)(a)
Application. An owner or operator of a hazardous 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.
291.15(2)(b)
(b)
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 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.
291.15(2)(c)
(c)
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.
291.15(2)(d)
(d)
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. 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. The department or the department of justice shall provide to the department of workforce development or a county child support agency under
s. 59.53 (5) the name and address of an individual, the name and address of the individual's employer and financial information related to the individual that is contained in records or other information granted confidential status under this subsection if requested under
s. 49.22 (2m) by the department of workforce development or a county child support agency under
s. 59.53 (5).
291.15 History
History: 1981 c. 374;
1987 a. 384;
1995 a. 227 s.
692; Stats. 1995 s. 291.15;
1997 a. 191.
HAZARDOUS WASTE; GENERAL REGULATION
291.21
291.21
Generation. Any person generating solid waste shall determine if the solid waste is a hazardous waste. Any person generating hazardous waste shall:
291.21(1)
(1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of this chapter.
291.21(2)
(2) Keep records that accurately identify:
291.21(2)(a)
(a) The quantities of hazardous waste generated;
291.21(2)(b)
(b) The hazardous constituents of hazardous wastes which are significant because of quantity or potential harmfulness to human health or the environment; and
291.21(3)
(3) Label any container used for the storage, transport or disposal of hazardous waste to accurately identify its contents and associated hazards.
291.21(4)
(4) Use appropriate containers for hazardous waste.
291.21(5)
(5) Furnish information on the general chemical composition of hazardous waste to persons transporting, treating, storing or disposing of hazardous wastes, and on any precautions recommended to ensure safe handling of hazardous waste.
291.21(6)
(6) Comply with rules relating to use of a manifest system.
291.21(7)
(7) Submit all reports required under this chapter and rules promulgated under this chapter.
291.21(9)
(9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under this chapter or issued under the resource conservation and recovery act.
291.21 History
History: 1977 c. 377;
1981 c. 374 ss.
96,
150;
1987 a. 384;
1995 a. 227 s.
674; Stats. 1995 s. 291.21.
291.21 Annotation
Corporate officers responsible for the overall operation of a facility are personally liable for violations. State v. Rollfink,
162 Wis. 2d 121,
469 N.W.2d 398 (1991).
291.21 Annotation
The deterioration of useful materials into waste is a process that results in the generation of waste under s. 144.61 (4) [now s. 291.01 (4)]; the yard at which waste is stored and a hole dug to bury waste are facilities under s. 144.61 (5m) [now s. 291.01 (5m)]. State v. Edward Kraemer & Sons. Inc.
170 Wis. 2d 646,
489 N.W.2d 708 (Ct. App. 1992).
291.23
291.23
Licenses; transportation. 291.23(1)
(1) No person may transport hazardous waste without a license issued under this section.
291.23(2)
(2) Licenses issued under this section shall require compliance with rules of the department promulgated under
s. 291.05 (5) (a).
291.23(3)
(3) Licenses issued under this section may be denied, suspended or revoked for grievous and continuous failure to comply with the rules adopted under 291.05 (5) (a)
291.23 History
History: 1995 a. 227 ss.
676,
678;
1997 a. 35.
291.25
291.25
Licenses; treatment, storage or disposal. 291.25(1)(1) The storage of hazardous waste at the generation site by the generator of that waste for a period of less than 90 days is not subject to this section. The storage of hazardous waste for a period of less than 10 days is exempt from this section if the storage is in connection with the transporting or movement of the hazardous waste. Notwithstanding the exemptions granted under this subsection, no person may store or cause the storage of hazardous waste in a manner which causes environmental pollution.
291.25(2)(b)
(b) Operate a hazardous waste facility without an interim or operating license issued under this section.
291.25(3)
(3) Licenses issued under this section shall require compliance with
s. 289.31 and rules promulgated under this chapter.
291.25(4)
(4) The department may issue an interim license to a person who operates a hazardous waste facility if the person applies for a license under this section and complies with conditions and restrictions prescribed by rule or special order by the department pending the decision on the issuance of an operating license under this section. This subsection applies only if the facility was in existence on November 19, 1980, or on a subsequent date which is the effective date of the statute or rule requiring the facility to obtain an operating license under this section. An interim license issued under this subsection constitutes an operating license under this section.
291.25(5)
(5) An existing hazardous waste facility which was never licensed under this section, whether or not it was previously authorized to receive hazardous waste under
s. 289.31, shall be treated as an unlicensed proposed facility which has not been constructed for the purpose of complying with
sub. (2) (a), for the purpose of obtaining an operating license under this section and for the purpose of administrative procedure and review under
ch. 227.
