1995 Wisconsin Act 227

227,657 Section 657 . 144.62 (2) (a) of the statutes is renumbered 291.05 (1).

227,658 Section 658 . 144.62 (2) (b) of the statutes is renumbered 291.05 (2), and 291.05 (2) (b) and (c), as renumbered, are amended to read:

291.05 (2) (b) Except as provided under subd. 3. par. (c), the list of hazardous wastes shall be identical to the list promulgated by the U.S. environmental protection agency under s. 6921 (b) of the resource conservation and recovery act.

(c) The department may include or retain on the list of hazardous wastes any additional solid waste not included on the list promulgated by the U.S. environmental protection agency if the department determines that the additional solid waste has characteristics which identify it as a hazardous waste based on the criteria promulgated under par. (a) sub. (1) and if the department determines that the inclusion or retention is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which its determinations are based and shall include or retain the additional solid waste on the list of hazardous wastes by rule.

227,659 Section 659 . 144.62 (2) (c) of the statutes is renumbered 291.05 (4).

227,660 Section 660 . 144.62 (3) of the statutes is renumbered 291.07 (1).

227,661 Section 661 . 144.62 (4) of the statutes is renumbered 291.11 (5).

227,662 Section 662 . 144.62 (5) of the statutes is renumbered 291.07 (2) and amended to read:

291.07 (2) The department may exempt by rule any person who generates, transports, treats, stores or disposes of hazardous wastes from any provision under ss. 144.60 to 144.74 this chapter or from any rule promulgated under those sections this chapter if the generation, transportation, treatment, storage or disposal does not present a significant hazard to public health and safety or the environment.

227,663 Section 663 . 144.62 (7) of the statutes is renumbered 291.05 (5) (b) and amended to read:

291.05 (5) (b) In developing requirements for licenses to transport hazardous waste under s. 144.64 (1) par. (a), the department shall maintain consistency with rules promulgated by the department of transportation.

227,664 Section 664 . 144.62 (8) of the statutes is renumbered 291.05 (6), and 291.05 (6) (f), as renumbered, is amended to read:

291.05 (6) (f) Corrective action under s. 144.735 291.37.

227,665 Section 665 . 144.62 (8m) of the statutes is renumbered 291.07 (3) and amended to read:

291.07 (3) The department may promulgate rules which specify the duration of licenses issued under s. 144.64 (2) 291.25.

227,666 Section 666 . 144.62 (9) of the statutes is renumbered 291.09 (1).

227,667 Section 667 . 144.62 (10) of the statutes is renumbered 291.05 (3), and 291.05 (3) (a), as renumbered, is amended to read:

291.05 (3) (a) The department shall promulgate rules under sub. (2) (a) and (b) subs. (1) and (2) which establish not less than 2 nor more than 4 classes of hazardous waste and shall assign wastes to a particular class. The classes shall be based upon the relative degrees of hazard posed by the waste. Standards established under ss. 144.60 to 144.74 this chapter for hazardous waste facilities or for equipment which transports hazardous waste shall recognize and differentiate between the classes of waste which the facility or equipment is intended to transport, treat, store or dispose.

227,668 Section 668 . 144.62 (12) of the statutes is renumbered 291.09 (2) and amended to read:

291.09 (2) If facilities or equipment subject to ss. 144.60 to 144.74 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.

227,669 Section 669 . 144.62 (13) of the statutes is renumbered 291.11 (2) and amended to read:

291.11 (2) The department may waive compliance with any requirement under ss. 144.60 to 144.74 this chapter or shorten the time periods under ss. 144.60 to 144.74 this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare or the environment.

227,670 Section 670 . 144.62 (14) of the statutes is renumbered 291.91 (1) and amended to read:

291.91 (1) The department may inspect hazardous waste facility construction projects to determine compliance with ss. 144.60 to 144.74 this chapter and rules promulgated and licenses issued under those sections this chapter.

227,671 Section 671 . 144.62 (15) of the statutes is renumbered 291.11 (1) and amended to read:

291.11 (1) The department may hold hearings relating to any aspect of the administration of ss. 144.60 to 144.74 this chapter and, in connection with those hearings, compel the attendance of witnesses and the production of evidence.

227,672 Section 672 . 144.62 (16) of the statutes is renumbered 291.93 and amended to read:

291.93 (title) Orders. The department may issue orders to effectuate the purposes of ss. 144.60 to 144.74 this chapter and enforce those orders by all appropriate administrative and judicial proceedings.

227,673 Section 673 . 144.62 (17) and (18) of the statutes are renumbered 291.11 (3) and (4).

227,674 Section 674 . 144.63 of the statutes is renumbered 291.21, and 291.21 (1) and (7) to (9), as renumbered, are amended to read:

291.21 (1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of ss. 144.60 to 144.74 this chapter.

(7) Submit all reports required under ss. 144.60 to 144.74 this chapter and rules promulgated under those sections this chapter.

(8) Comply with rules relating to notification under s. 144.62 291.05 (1), (2) and (4).

(9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under ss. 144.60 to 144.74 this chapter or issued under the resource conservation and recovery act.

227,675 Section 675 . 144.64 (title) of the statutes is repealed.

227,676 Section 676 . 144.64 (1) (title), (a) and (b) (intro.) of the statutes are renumbered 291.23 (title), (1) and (2) and amended to read:

291.23 (title) Transportation Licenses; transportation. (1) No person may transport hazardous waste without a license issued under this subsection section.

(2) Licenses issued under this subsection section shall require compliance with rules of the department. The rules shall establish standards for the following: promulgated under s. 291.05 (5) (a).

227,677 Section 677 . 144.64 (1) (b) 1., 2., 3., 4. and 5. of the statutes are renumbered 291.05 (5) (a) 1. to 5.

227,678 Section 678 . 144.64 (1) (c) of the statutes is renumbered 291.23 (3) and amended to read:

291.23 (3) Licenses issued under this subsection section may be denied, suspended or revoked for grievous and continuous failure to comply with the rules adopted under par. (b) s. 291.05 (5) (a).

227,679 Section 679 . 144.64 (2) (title) of the statutes is repealed.

227,680 Section 680 . 144.64 (2) (a), (am), (b), (c) and (d) of the statutes are renumbered 291.25 (1), (2), (3), (4) and (5), and 291.25 (1), (2) (a) and (b) and (3) to (5), as renumbered, are amended to read:

291.25 (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 subsection section. The storage of hazardous waste for a period of less than 10 days is exempt from this subsection section if the storage is in connection with the transporting or movement of the hazardous waste. Notwithstanding the exemptions granted under this paragraph subsection, no person may store or cause the storage of hazardous waste in a manner which causes environmental pollution.

(2) (a) Construct a hazardous waste facility unless the person complies with s. 144.44 (2) to (3) ss. 289.23 to 289.30.

(b) Operate a hazardous waste facility without an interim or operating license issued under this subsection section.

(3) Licenses issued under this subsection section shall require compliance with s. 144.44 (4) 289.31 and rules promulgated under ss. 144.60 to 144.74 this chapter.

(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 subsection 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 subsection section. This paragraph 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 subsection section. An interim license issued under this paragraph subsection constitutes an operating license under this subsection section.

(5) An existing hazardous waste facility which was never licensed under this subsection section, whether or not it was previously authorized to receive hazardous waste under s. 144.44 (4) 289.31, shall be treated as an unlicensed proposed facility which has not been constructed for the purpose of complying with par. (am) 1. sub. (2) (a), for the purpose of obtaining an operating license under this subsection section and for the purpose of administrative procedure and review under ch. 227.

227,681 Section 681 . 144.64 (2) (e) of the statutes is renumbered 291.87 (1m), and 291.87 (1m) (intro.) and (a) to (c), as renumbered, are amended to read:

291.87 (1m) (intro.) A license issued under this subsection s. 291.25 may be denied, suspended or revoked if the applicant or licensee does any of the following:

(a) Fails to pay any fee required under sub. (4) ss. 291.05 (7) and 291.33.

(b) Fails to comply with ss. 144.60 to 144.74 this chapter or any rule promulgated under those sections this chapter.

(c) Fails to comply with the approved plan of operation under s. 144.44 (3) 289.30.

227,682 Section 682 . 144.64 (2) (f) and (g) of the statutes are renumbered 291.25 (6) and (7) and amended to read:

291.25 (6) A treatment facility which is required to be permitted as a hazardous waste treatment facility under the resource conservation and recovery act and the discharges of which are regulated under ch. 147 283 shall comply with construction and operating standards promulgated by rule by the department. The department shall promulgate rules under this paragraph subsection which are substantially equivalent to and not more stringent than the standards promulgated under the resource conservation and recovery act.

(7) Notwithstanding pars. (am) 1., (b) and (d) subs. (2) (a), (3) and (5), the owner or operator of a hazardous waste facility who holds a permit for the treatment, storage or disposal of hazardous waste issued before January 31, 1986, by the U.S. environmental protection agency under 42 USC 6925 (c) and who is in compliance with the permit may obtain an operating license under par. (am) 2. sub. (2) (b) for the federally permitted activities by doing all of the following:

(a) Submitting to the department, on a form provided by the department, an application showing that the facility meets the standards established under ss. 144.44 289.21 to 289.31 and 144.60 to 144.74 this chapter and rules promulgated under those sections and this chapter.

(b) Complying with any condition that the department prescribes as necessary to meet any standard or requirement established under ss. 144.44 289.21 to 289.31 and 144.60 to 144.74 this chapter.

(c) Paying any fee required under sub. (4) ss. 291.05 (7) and 291.33.

227,683 Section 683 . 144.64 (2m) of the statutes is renumbered 291.29 and amended to read:

291.29 Closure and long-term care plan for unlicensed facilities. Any person required to be licensed or eligible to obtain a license under sub. (2) (c) s. 291.25 who does not obtain a license under that subsection section shall submit to the department a closure plan and, if the facility is a disposal facility, a long-term care plan for the facility which complies with the requirements promulgated by the department by rule under s. 144.62 (8) 291.05 (6) (e) and shall comply with the plan as approved by the department. There is no statutory right to a hearing before the department concerning a plan submitted under this subsection section but the department may grant a hearing on a plan.

Note: The cross-reference to sub. (2) (c) is ambiguous. It is not clear whether the cross-reference applies only to a person “eligible to obtain" a license or whether it also applies to a person who has a license. The use of “subsection" in that sentence suggests that the reference to sub. (2) (c) is incorrectly narrow and that the proper reference is to sub. (2). The cross-reference has been modified accordingly.

227,684 Section 684 . 144.64 (3) of the statutes is renumbered 291.31 and amended to read:

291.31 Variance. If the department determines that the application for or compliance with any license required under sub. (1) or (2) s. 291.23 or 291.25 would cause undue or unreasonable hardship to any person, the department may issue a variance from the requirements of this section s. 291.23, 291.25, 291.29 or 291.87 but the variance may not result in undue harm to public health or the environment and the duration of the variance may not exceed 5 years. The department may renew or extend a variance only after opportunity for a public hearing.

227,685 Section 685 . 144.64 (4) (title) of the statutes is repealed.

227,686 Section 686 . 144.64 (4) (a) of the statutes is renumbered 291.05 (7), and 291.05 (7) (a) and (b), as renumbered, are amended to read:

291.05 (7) (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 this section ss. 291.23, 291.25, 291.29, 291.31 and 291.87.

(b) Hazardous waste activities under this section 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 section ss. 291.23, 291.25, 291.29, 291.31 and 291.87.

227,687 Section 687 . 144.64 (4) (b) of the statutes is renumbered 291.33 and amended to read:

291.33 (title) Tonnage fees. A person who operates a licensed hazardous waste disposal facility shall pay the fees imposed and specified under s. 144.441 (3) and (4) 289.62.

227,688 Section 688 . 144.645 of the statutes is renumbered 291.87 and 291.87, (1) to (3), as renumbered, are amended to read:

291.87 (1) If the department proposes to deny, suspend or revoke a license for the reasons stated under s. 144.64 (2) (e) 2. to 6. sub. (1m) (b) to (f), the department shall comply with the procedures specified under this section.

(2) If the department determines that a person licensed under s. 144.64 (2) 291.25 failed to comply with the rules promulgated under ss. 144.60 to 144.74 this chapter or failed to comply with the approved plan of operation under s. 144.44 (3) 289.30, the department shall give written notice to the person. The notice shall state that the department proposes to deny, suspend or revoke the license and shall inform the person that a hearing may be requested within 45 days after the notice is issued.

(3) If the licensee requests a hearing within 45 days after receiving the notice under sub. (2), the department shall schedule a hearing and give notice of the hearing by publishing a class 1 notice, under ch. 985, at least 45 days prior to the date scheduled for the hearing. If the licensee requests a contested case hearing and if the conditions specified under s. 227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a contested case; otherwise, the department shall conduct the hearing as an informational hearing. There is no statutory right to any hearing concerning the denial, suspension or revocation of a license for the reasons stated under s. 144.64 (2) (e) 2. to 6. sub. (1m) (b) to (f) except as provided under this subsection.

227,689 Section 689 . 144.68 of the statutes is renumbered 291.27, and 291.27 (2), as renumbered, is amended to read:

291.27 (2) This section does not apply to hazardous waste disposal facilities granted an interim license under s. 144.64 (2) (c) 291.25 (4) or a variance under s. 144.64 (3) 291.31 or a facility subject to s. 144.64 (2m) 291.29.

227,690 Section 690 . 144.69 (title) of the statutes is renumbered 291.91 (title).

227,691 Section 691 . 144.69 of the statutes is renumbered 291.91 (2).

227,692 Section 692 . 144.70 of the statutes is renumbered 291.15, and 291.15 (1) and (2) (a) and (d), as renumbered, are amended to read:

291.15 (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. 144.60 to 144.74 this chapter are public records subject to s. 19.21.

(2) (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 ss. 144.60 to 144.74 this chapter.

(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. 144.60 to 144.74 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.

227,693 Section 693 . 144.72 of the statutes is renumbered 291.85, and 291.85 (1) (intro.), as renumbered, is amended to read:

291.85 (1) Notice required. (intro.) If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid or hazardous waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:

Note: This provision is duplicated for solid waste in new s. 289.94.

227,694 Section 694 . 144.725 of the statutes is renumbered 291.89, and 291.89 (intro.) and (2) (b), as renumbered, are amended to read:

291.89 Review of alleged violations. (intro.) Any 6 or more citizens or any municipality may petition for review of an alleged violation of ss. 144.60 to 144.74 this chapter or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under those sections this chapter in the following manner:

(2) (b) Initiate action under s. 144.73 291.95.