1995 Wisconsin Act 227

227,500 Section 500 . 144.40 of the statutes is renumbered 285.39, and 285.39 (1) (d), (3) (a) and (5), as renumbered, are amended to read:

285.39 (1) (d) Net certified accommodation credits are the sum of all volatile organic compound growth accommodation credits certified to date under s. 144.393 285.63 (7) or (8) minus the sum of the actual annual emissions of volatile organic compounds for the year 2 years before the specified year attributable to the sources receiving volatile organic compound growth accommodation credits certified to date under s. 144.393 285.63 (7) or (8).

(3) (a) Promulgate rules under s. 144.42 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment.

(5) Contingent restrictions on existing sources. If at any time the department finds that the growth accommodation is less than 2,500 tons and determines that it is unlikely that the growth accommodation will exceed 2,500 tons in the report under sub. (2) (b) 1. for the following year because of the inadequacy of replenishment activities at the time or because of facility shutdowns, the department shall implement the rules that specify emission limitations for emissions of volatile organic compounds from stationary sources located in the volatile organic compound accommodation area that were required to report their emissions under s. 144.96 299.15 during calendar year 1987. The emission limitations shall be designed to ensure that the growth accommodation in the subsequent year is not less than 2,500 tons. The emission limitations may not be more restrictive than the lowest achievable emission rate. The department shall implement the emission limitations by source category. For the purpose of this section, the department shall determine a source category according to the type and level of emissions. The department may also use other characteristics which relate to air pollution to determine source categories. The department shall implement the emission limitations based upon ease of implementation, cost-effectiveness and the relative equity of imposing a limitation upon a source category, given any prior limitations of emissions imposed upon that source category. To the extent feasible, the emission limitations shall provide affected sources the opportunity to choose to be subject to either an annual emission limitation or a more restrictive applicable reasonably available control technology rule than was in effect in 1987.

227,501 Section 501 . 144.401 of the statutes is renumbered 285.75.

227,502 Section 502 . 144.403 of the statutes is renumbered 285.81, and 285.81 (1) (intro.), (2), (3) and (4), as renumbered, are amended to read:

285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing on the action in the following manner:

(2) Other persons. Any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 144.3925 285.62 (4) or (5) may seek review under sub. (1) of any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75.

(3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 144.836 293.43.

(4) Review of department determinations. An air pollution control permit, part of an air pollution control permit or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 is not subject to review in any civil or criminal enforcement action for a violation of ss. 144.30 to 144.426 this chapter. This subsection does not restrict the ability of a person to challenge an administrative rule as provided in s. 227.40 (2).

227,503 Section 503 . 144.404 of the statutes is renumbered 285.77.

227,504 Section 504 . 144.405 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (Senate Bill 345), is renumbered 285.31.

227,505 Section 505 . 144.407 (title), (1), (1g), (1m), (1r), (1t), (1w) and (2) of the statutes are renumbered 285.55 (title), (1), (2), (3), (4), (5), (6) and (7), and 285.55 (1), (2), (3), (4) (intro.) and (a), (5) (intro.) and (6), as renumbered, are amended to read:

285.55 (1) In this section, “medical waste incinerator" means a facility for solid waste treatment, as defined in s. 144.43 (7r) 289.01 (39), that burns medical waste, as defined in s. 159.07 287.07 (7) (c) 1. cg.

(2) Except as provided in sub. (1m), (1r), (1t) or (1w) (3), (4), (5) or (6), the department may not issue an air pollution control permit for the construction or modification of a medical waste incinerator or an initial license under s. 144.44 (4) 289.31 for a medical waste incinerator.

(3) Subsection (1g) (2) does not apply to the issuance of a license under s. 144.44 (4) 289.31 for ash management for a medical waste incinerator that is operating on May 14, 1992, or has an air pollution control permit on May 14, 1992.

(4) (intro.) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 159.07 287.07 (7) (c) 1. a., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:

(a) The construction or modification is designed to treat medical waste generated by one or more hospitals, clinics or nursing homes that are identified in the application for the air pollution control permit or the license under s. 144.44 (4) 289.31 and that are located in the county in which the medical waste incinerator is located or in an adjacent county in this state.

(5) (intro.) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction of a medical waste incinerator in a 4th class city if all of the following apply:

(6) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the modification of a medical waste incinerator in operation on May 14, 1992, if the modification is designed to allow the medical waste incinerator to achieve compliance with the federal clean air act or the department's rules concerning the emission of hazardous air contaminants and does not expand the medical waste incinerator's capacity.

227,506 Section 506 . 144.41 of the statutes is renumbered 285.73, and 285.73 (1) (a) and (e), (4) and (6), as renumbered, are amended to read:

285.73 (1) (a) Provides by ordinance for requirements compatible with, or stricter or more extensive than those imposed by ss. 144.30 to 144.426 this chapter and rules issued thereunder. Such ordinances shall supersede any existing local ordinances;

(e) Is approved by the department as adequate to meet the requirements of ss. 144.30 to 144.426 this chapter and any applicable rules pursuant thereto.

(4) (a) If the department has reason to believe that a program in force pursuant to this section is inadequate to prevent and control air pollution in the jurisdiction to which such program relates, or that such program is being administered in a manner inconsistent with the requirements of ss. 144.30 to 144.426 this chapter, the department shall, on due notice, conduct a hearing on the matter.

(b) If, after such hearing, the department determines that a program is inadequate to prevent and control air pollution in the county to which such program relates, or that such program is not accomplishing the purposes of ss. 144.30 to 144.426 this chapter, it shall require that necessary corrective measures be taken within a reasonable period of time, not to exceed 60 days.

(c) If the county fails to take such necessary corrective action within the time required, the department shall administer within such county all of the regulatory provisions of ss. 144.30 to 144.426 this chapter. Such air pollution control program shall supersede all county air pollution regulations, ordinances and requirements in the affected jurisdiction.

(6) Nothing in ss. 144.30 to 144.426 this chapter supersedes the jurisdiction of any county air pollution control program in operation on July 26, 1967, but any such program shall meet all requirements of ss. 144.30 to 144.426 this chapter for a county air pollution control program. Any approval required from the department shall be deemed granted unless the department takes specific action to the contrary.

227,507 Section 507 . 144.42 of the statutes, as affected by 1993 Wisconsin Act 288 and 1995 Wisconsin Act 137, is renumbered 285.30.

227,508 Section 508. 144.421 of the statutes is renumbered 285.57.

227,509 Section 509 . 144.422 (title), (1), (2), (2m), (2r), (3), (3e), (3m) and (4) of the statutes are renumbered 285.59 (title), (1), (2), (3), (4), (5), (6), (7) and (8), and 285.59 (2) (intro.) and (b), (5) (a) 2., (6), (7) and (8) (b) and (c), as renumbered, are amended to read:

285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (2m) (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

(b) That the individuals who use the equipment under par. (a) have, or are under the supervision of individuals who have, the qualifications established under sub. (3) (5) (a) 1.

(5) (a) 2. Fees to cover the cost of administering subs. (2), (2m) (3) and (2r) (4) (b).

(6) Department powers. The department may promulgate rules providing that any portion of sub. (2), (2m) (3) or (2r) (4) applies with respect to a substance used as a substitute for an ozone-depleting substance.

(7) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (2), (2m) (3) (c) or (2r) (4).

(8) (b) Any person who violates sub. (2m) (3) (c) shall be required to forfeit not less than $100 nor more than $1,000. Each sale, giving or transporting in violation of sub. (2m) (3) (c) constitutes a violation.

(c) Any person who violates sub. (2r) (4) shall be required to forfeit not less than $100 nor more than $1,000. Each release in violation of sub. (2r) (4) constitutes a violation.

227,510 Section 510 . 144.423 of the statutes is renumbered 285.83, and 285.83 (1) (a) (intro.) and 2. and (2), as renumbered, are amended to read:

285.83 (1) (a) (intro.) If the department has reason to believe that a violation of ss. 144.30 to 144.426 or 144.96 this chapter or s. 299.15 or any rule promulgated or special order, plan approval or permit issued under those sections this chapter or s. 299.15 has occurred, it may:

2. Initiate action under s. 144.422 (4) or 144.426 285.59 (8) or 285.87.

(2) The notice under sub. (1) (a) 1. for an alleged violation of rules promulgated under s. 144.405 285.31 (3) may include a tag or other notice placed on the dispensing equipment that is alleged to be in violation of rules promulgated under s. 144.405 285.31 (3).

227,511 Section 511 . 144.424 of the statutes is renumbered 285.85, and 285.85 (2), as renumbered, is amended to read:

285.85 (2) In the absence of a generalized condition of air pollution of the type referred to in sub. (1), if the secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he or she may order the persons responsible for the operations in question to reduce or discontinue emissions immediately, without regard to s. 144.423 285.83. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in sub. (1) shall apply.

227,512 Section 512 . 144.426 of the statutes is renumbered 285.87, and 285.87 (1) and (2) (a), as renumbered, are amended to read:

285.87 (1) Except as provided in s. 144.421 (5) or 144.422 (4) 285.57 (5) or 285.59 (8), any person who violates ss. 144.30 to 144.426 this chapter or any rule promulgated, any permit issued or any special order issued under those sections this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.

(2) (a) Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by, ss. 144.30 to 144.426, except s. 144.422 this chapter, except s. 285.59, or any rule promulgated, any permit issued or any special order issued under those sections this chapter, except s. 144.422 285.59, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.

227,513 Section 513 . Subchapter IV (title) of chapter 144 [precedes 144.43] of the statutes is repealed.

227,514 Section 514 . 144.43 (intro.) of the statutes is renumbered 289.01 (intro.) and amended to read:

289.01 (title) Solid waste; definitions Definitions. (intro.) As used in ss. 144.43 to 144.47 In this chapter, unless the context requires otherwise:

227,515 Section 515 . 144.43 (1) and (1m) of the statutes are renumbered 289.01 (1) and (5), and 289.01 (1) (b), as renumbered, is amended to read:

289.01 (1) (b) 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. 144.44 (2) 289.23, excluding buffers and similar areas.

227,516 Section 516 . 144.43 (2), (2d), (2h), (2p) and (2t) of the statutes are renumbered 289.01 (12), (13), (14), (15) and (16) and amended to read:

289.01 (12) “Hazardous waste" means any solid waste identified by the department as hazardous under s. 144.62 (2) (b) 291.05 (2).

(13) “Hazardous waste disposal" has the meaning specified for disposal under s. 144.61 291.01 (3).

(14) “Hazardous waste facility" has the meaning specified under s. 144.61 (5m) 291.01 (8).

(15) “Hazardous waste storage" has the meaning specified for storage under s. 144.61 (10) 291.01 (18).

(16) “Hazardous waste treatment" has the meaning specified for treatment under s. 144.61 (13) 291.01 (21).

227,517 Section 517 . 144.43 (2w), (3) and (3m) of the statutes are renumbered 289.01 (20), (21) and (22).

227,518 Section 518 . 144.43 (4) of the statutes is repealed.

227,519 Section 519 . 144.43 (4g) of the statutes is renumbered 289.01 (30).

227,520 Section 520 . 144.43 (4r), (5), (6), (7), (7g), (7r) and (8) of the statutes are renumbered 289.01 (34), (35), (36), (37), (38), (39) and (40).

227,521 Section 521 . 144.431 (title) of the statutes is repealed.

227,522 Section 522 . 144.431 (1) of the statutes is renumbered 289.06, and 289.06 (1), (2), (4) and (6), as renumbered, are amended to read:

289.06 (1) Promulgate rules implementing and consistent with ss. 144.43 to 144.47 this chapter and ss. 292.31 and 292.35.

(2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of ss. 144.43 to 144.47 this chapter and ss. 292.31 and 292.35.

(4) Collect and disseminate information and conduct educational and training programs relating to the purposes of ss. 144.43 to 144.47 this chapter and ss. 292.31 and 292.35.

(6) Provide technical assistance for the closure of a solid waste disposal facility that is a nonapproved facility, as defined in s. 144.441 (1) (c).

227,523 Section 523 . 144.431 (2) (intro.) and (a) of the statutes are renumbered 289.07 (intro.) and (1), and 289.07 (1), as renumbered, is amended to read:

289.07 (1) Hold hearings relating to any aspect of the administration of ss. 144.43 to 144.47 this chapter and ss. 292.31 and 292.35 and, in connection therewith, compel the attendance of witnesses and the production of evidence.

227,524 Section 524 . 144.431 (2) (b) of the statutes is renumbered 289.93 and amended to read:

289.93 (title) Orders. Issue The department may issue orders to effectuate the purposes of ss. 144.43 to 144.47 this chapter and enforce the same by all appropriate administrative and judicial proceedings.

227,525 Section 525 . 144.431 (2) (c) and (d) of the statutes are renumbered 289.07 (2) and (3).

227,526 Section 526 . 144.431 (2) (e) of the statutes is repealed.

227,527 Section 527 . 144.432 of the statutes is renumbered 289.11 and amended to read:

289.11 Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the development and administration of programs related to solid waste facilities if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of ss. 144.43 to 144.47 this chapter and any other applicable requirements of law.

227,528 Section 528 . 144.433 of the statutes is renumbered 289.09, and 289.09 (1) and (2) (a) 1. and 2. and (d), as renumbered, are amended to read:

289.09 (1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 144.43 to 144.47 and 144.96 this chapter and s. 299.15 are public records subject to s. 19.21.

(2) (a) 1. 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 ss. 144.43 to 144.47 and 144.96 this chapter and s. 299.15.

2. A licensed hauler who transports solid waste to a facility listed in s. 144.453 289.57 (1) may seek confidential treatment of information submitted under s. 144.453 289.57 (1) (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 ss. 144.43 to 144.47 and 144.96 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.

Note: The provision on confidentiality of records is duplicated in s. 292.37 for records under current ss. 144.442 and 144.4422.

227,529 Section 529 . 144.434 of the statutes is renumbered 289.91 and amended to read:

289.91 Inspections. Any officer, employe or authorized representative of the department may enter and inspect any property, premises or place on or at which a solid waste facility is located or is being constructed or installed, or inspect any record relating to solid waste management of any person who generates, transports, treats, stores or disposes of solid waste, at any reasonable time for the purpose of ascertaining the state of compliance with ss. 144.43 to 144.47 this chapter and rules promulgated or licenses issued under those sections this chapter. No person may refuse entry or access to any officer, employe or authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.

Note: Current s. 144.431 (2) (e) authorizes inspections to determine compliance with solid waste facility licenses. This bill repeals s. 144.431 (2) (e) and adds license compliance as a basis for conducting inspections to s. 144.434, renumbered s. 289.91.

227,530 Section 530 . 144.435 (title), (1) and (2) of the statutes are renumbered 289.05 (title), (1) and (2), and 289.05 (1) and (2), as renumbered, are amended to read:

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. 144.436 289.51. The rules promulgated under this subsection shall conform to the rules promulgated under sub. (2).

(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 and 147 283. 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.

227,531 Section 531 . 144.435 (3) of the statutes is renumbered 289.42 (1), and 289.42 (1) (a) 5., (b) and (e), as renumbered, are amended to read:

289.42 (1) (a) 5. Require that there be one or more certified operators on the site of a solid waste disposal facility, except for a facility designed for the disposal of high-volume industrial waste, as defined in s. 144.44 (7) (a) 1., at all times during the facility's hours of operation.