(5) Rules promulgated under s. 144.025 (2) (b) 281.15 may not be reviewed under this section. The application of rules promulgated under s. 144.025 (2) (b) 281.15 may be reviewed under this section.
227,876
Section 876
. 147.21 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.91, and 283.91 (1) and (6), as renumbered, are amended to read:
283.91 (1) The department of justice, upon a referral pursuant to s. 147.29 283.89, may initiate a civil action for a temporary or permanent injunction for any violation of this chapter or any rule promulgated thereunder or of a term or condition of any permit issued under this chapter.
(6) For the purposes of subs. (3) and (4), the term “person" means in addition to the definition under s. 147.015 283.01 (11), any responsible corporate officer.
227,877
Section 877
. 147.23 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.87, and 283.87 (1) and (2), as renumbered, are amended to read:
283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. chs. 30, 31 or 144, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.
(2) Adverse effects. The department may introduce evidence of the environmental pollution, as defined under s. 144.01 (3), that resulted from the unlawful discharge or deposit and evidence of the potential of the water environment for public use if the unlawful discharge or deposit had not occurred in order to assist the court in determining the adverse effects upon the water environment resulting from the unlawful discharge or deposit and in determining the amount of liability under sub. (1).
227,878
Section 878
. 147.25 of the statutes is renumbered 283.83.
227,879
Section 879
. 147.26 of the statutes is renumbered 283.85 and 283.85 (2) (intro.), as renumbered, is amended to read:
283.85 (2) (intro.) All plans submitted under s. 144.04 281.41 after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59, shall contain:
227,880
Section 880
. 147.27 of the statutes is renumbered 283.95.
227,881
Section 881
. 147.29 of the statutes is renumbered 283.89, and 283.89 (1), (2m) and (3), as renumbered, are amended to read:
283.89 (1) Except as provided in sub. (2m), whenever on the basis of any information available to it the department finds that any person is violating this chapter, any rule adopted thereunder or any term or condition of any permit issued pursuant to this chapter, the department shall refer the matter to the department of justice for enforcement under s. 147.21 283.91.
(2m) If the department finds a violation of s.
147.021 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 147.21 283.91 (2), the department shall issue a citation and the procedures in ss. 23.50 to 23.99 apply.
(3) In any criminal action commenced under s. 147.21 283.91, 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.
227,882
Section 882
. 147.30 of the statutes is renumbered 283.93, and 283.93 (2), as renumbered, is amended to read:
283.93 (2) Financial assistance under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59; and
227,883
Section 883
. Chapter 159 (title) of the statutes is renumbered chapter 287 (title) and amended to read:
CHAPTER 287
SOLID WASTE reduction,
recovery and recycling
227,884
Section 884
. Subchapter I (title) of chapter 159 [precedes 159.01] of the statutes is renumbered subchapter I (title) of chapter 287 [precedes 287.01].
227,885
Section 885
. 159.01 of the statutes is renumbered 287.01, and 287.01 (7), (9), (10), (11), (12), (15) and (16), as renumbered, are amended to read:
287.01 (7) “Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61 (5) 291.01 (7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 144.44 (7) (a) 1 289.01 (17).
(9) “Responsible unit" means a municipality, county, another unit of government, including a federally recognized Indian tribe or band in this state, or solid waste management system under s. 59.07 (135), that is designated under s. 159.09 287.09 (1).
(10) “Solid waste" has the meaning given in s. 144.01 (15) 289.01 (33).
(11) “Solid waste disposal" has the meaning given in s. 144.43 (4r) 289.01 (34).
(12) “Solid waste facility" has the meaning given in s. 144.43 (5) 289.01 (35).
(15) “Solid waste storage" has the meaning given in s. 144.43 (7g) 289.01 (38).
(16) “Solid waste treatment" has the meaning given in s. 144.43 (7r) 289.01 (39).
227,886
Section 886
. 159.03 of the statutes, as affected by 1993 Wisconsin Act 75 and 1995 Wisconsin Act 27, is renumbered 287.03.
227,887
Section 887
. 159.05 of the statutes is renumbered 287.05, and 287.05 (8) and (9), as renumbered, are amended to read:
287.05 (8) That the powers enumerated under s. 159.13 287.13 constitute proper powers consistent with uniform state policies concerning solid waste reduction, reuse, recycling, composting and resource recovery from solid waste; these powers are necessary for the safe, beneficial, economical and lawful management of solid waste; and these powers are necessary to accomplish or facilitate these uniform state policies by encouraging the financing, acquisition, construction, improvement, operation, maintenance and ownership of recycling and resource recovery facilities. The powers enumerated under s. 159.13 287.13 constitute proper powers consistent with essential and legitimate governmental functions; and these powers are to be utilized in providing for the health, safety and welfare of and providing services and benefits for inhabitants of municipalities, counties and this state.
(9) That the state policies declared under this section and the standards, criteria, requirements and procedures established under s. 159.13 287.13 ensure that a municipality or county exercising powers under s. 159.13 287.13 acts in a manner consistent with uniform state policies and acts as an arm of the state for the public good.
227,888
Section 888
. Subchapter II (title) of chapter 159 [precedes 159.07] of the statutes is renumbered subchapter II (title) of chapter 287 [precedes 287.07].
227,889
Section 889
. 159.07 of the statutes, as affected by 1995 Wisconsin Acts 27 and 142, is renumbered 287.07, and 287.07 (1m) (a), (2), (3) (j) and (7) (a), (b) 1. b., (c) 2. b. and 3., (e), (f), (g) 1. b. and (h) 1. b., as renumbered, are amended to read:
287.07 (1m) (a) Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with s. 144.79 299.45 (7), if applicable.
(2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ss. 144.43 to 144.47 ch. 289, or burn yard waste without energy recovery in a solid waste facility in this state.
(3) (j) A waste tire, as defined in s. 144.449 289.55 (1) (c).
(7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 159.11 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 159.12 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 159.11 287.11.
(b) 1. b. “Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 144.391
285.60 or 144.44 (4) 289.31 prior to May 11,
1990, except for a medical waste incinerator, as defined in par. (c) 1. cr.
(c) 2. b. The disposal of, in a solid waste disposal facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ss. 144.43 to 144.47 ch. 289, to render the infectious waste noninfectious.
3. A person may not burn medical waste at a medical waste incinerator unless the person complies with s. 144.382 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under sub. (8) (a) and the annual assessment under sub. (8) (b).
(e) The department may grant a waiver to the prohibition in sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under ch. 144 chs. 281, 285 and 289 to 299 under conditions established by the department relating to the feasibility of complying with the prohibition in sub. (2).
(f) The prohibitions in subs. (2) and (3) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 144.44 (3) 289.30.
(g) 1. b. The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.
(h) 1. b. Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.
227,890
Section 890
. 159.08 of the statutes is renumbered 287.08.
227,891
Section
891. 159.09 of the statutes is renumbered 287.09, and 287.09 (2) (a) and (b) (intro.) and 2m. and (3) (b), as renumbered, are amended to read:
287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 159.07 287.07 (1m) to (4) and the priorities under s. 159.05 287.05 (12).
(b) (intro.) Submit to the department by January 1, 1993, a report setting forth how the responsible unit intends to implement its program under par. (a), as it relates to the requirements of s. 159.07 287.07 (3) and (4). The report shall specify all of the following:
2m. The procedures or processes that the responsible unit intends to use to manage solid waste that is not separated for recovery or recycling, consistent with the priorities under s. 159.05 287.05 (12).
(3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2., is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 159.13
287.13 (1) (d), only as provided under s. 159.13 287.13.
227,892
Section 892
. 159.095 of the statutes is renumbered 287.095.
227,893
Section 893
. 159.10 of the statutes is renumbered 287.10 and amended to read:
287.10 Limit on local regulation. No responsible unit that accepts funds under s. 159.23 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or ch. 100, or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.
227,894
Section 894
. 159.11 of the statutes, as affected by 1995 Wisconsin Act 142 is renumbered 287.11, and 287.11 (1), (2) (a), (b), (c) (intro.), (d) (intro.), (dm), (er), (ew) and (i) and (2m) (a) 2., (b) and (c) and (2p), as renumbered, are amended to read:
287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 159.09 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.
(2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 159.07 287.07 (3) and (4).
(b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 159.07 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.
(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07 287.07 (3) and (4) from that postconsumer waste:
(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07
287.07 (3) and (4) from that postconsumer waste:
(dm) Beginning in 1997, a system of volume-based solid waste fees to generate revenue equal to the responsible unit's costs for solid waste management other than those reimbursed by the state. This criterion does not apply to any responsible unit that separates for recycling at least 25% by volume or by weight of the solid waste collected within the region by the responsible unit or by any person under contract with the responsible unit. This criterion does not apply to a responsible unit that provides solid waste to an operating solid waste treatment facility, as defined in s. 159.07 287.07 (7) (b) 1. b., under a contract that was in effect on January 1, 1993.
(er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 159.07 287.07 (3) and (4) that is separated for recycling as part of the program.
(ew) Provisions for the management of postconsumer waste that is not separated for recycling or recovery under par. (b) consistent with the highest feasible priority under s. 159.05 287.05 (12).
(i) A reasonable effort, through the implementation of pars. (a) to (h), to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 159.07 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.
(2m) (a) 2. “Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer or manufacturing facility, less the portion of any state financial assistance received under s. 159.23 287.23 or
159.25 287.25 attributable to the processed material.
(b) The department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to the requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 159.07 287.07 (3) or (4) that is generated in the responsible unit's region if the department determines that the cost of selling processed material exceeds any of the following:
(c) The department may on its own initiative grant, to one or more responsible units that have been determined to have effective recycling programs under this section, a variance to the requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 159.07 287.07 (3) or (4) that is generated in the responsible units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.
(2p) Materials excepted from prohibitions on land disposal and incineration. (a) The requirements of sub. (2) (b) and (er) do not apply to a material that is subject to an exception under s. 159.07 287.07 (7) (b), (bg) or (c) or a waiver or conditional waiver under s. 159.07 287.07 (7) (h).
(b) The requirements of sub. (2) (er) do not apply to a material that is subject to an exception under s. 159.07 287.07 (7) (f) or a waiver or conditional waiver under s. 159.07 287.07 (7) (g).
(c) The department may grant a responsible unit an exception to a requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 159.07 287.07 (7) (d).
(d) A responsible unit may not prohibit the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 144.44 (3) 289.30.
(e) A responsible unit may not prohibit the disposal in a solid waste disposal facility or the burning in a solid waste treatment facility of any material for which the department has granted a waiver or conditional waiver under s. 159.07 287.07 (7) (g).
227,895
Section 895
. 159.12 of the statutes is renumbered 287.12, and 287.12 (3), as renumbered, is amended to read:
287.12 (3) Effective siting program. The state in which an out-of-state unit is located has an effective program for siting municipal solid waste treatment facilities and municipal waste landfills if the combined capacity added within the previous 4 years by the construction of new or the expansion of existing municipal solid waste treatment facilities and municipal waste landfills in that state exceeded the amount of solid waste generated in the state during those years, excluding high-volume industrial waste, as defined in s. 144.44 (7) (a) 1.
289.01 (17), prospecting or mining waste and demolition waste.
227,896
Section 896
. 159.13 of the statutes is renumbered 287.13, and 287.13 (2) (d), (3) (d), (5) (e), (8) (j), (10) (intro.), (16) and (17) (bg), as renumbered, are amended to read:
287.13 (2) (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained.
(3) (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained.
(5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 144.441 (1) (a) 289.01 (3), owned by the generator and designed and constructed for the purpose of accepting that type of solid waste.
(8) (j) Construction, operation, maintenance, expansion, modification and closure of the facility will comply with ch. 144 chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department will be obtained.
(10) Municipal waste flow control ordinance. (intro.) Except as provided under sub. (4), a municipality may adopt a municipal waste flow control ordinance if the municipality adopted an appropriate initial intent resolution under sub. (6), if the municipality or, if the municipality enters into an agreement under sub. (3), the responsible municipality submitted the necessary comprehensive facility project description report required under sub. (7), if the municipality issued a determination of best public interest utilizing criteria under sub. (8) after conducting the hearing required under sub. (9) and if the facility complies with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department are obtained. The municipal waste flow control ordinance shall include:
(16) Permits, license and approvals; report review and fees; proof of financial responsibility. (a) A municipality may not construct, operate, maintain, expand, modify or close any facility for the recycling of solid waste or for the recovery of resources from solid waste in violation of ch. 144 chs. 281, 285 and 289 to 299 or without any license, permit or approval required by the department.
(17) (bg) Solid waste of each type to be incinerated, as determined in the air permit under s. 144.391
285.60, shall be recycled by means other than incineration to the extent of economic feasibility.
227,897
Section 897
. 159.15 of the statutes is renumbered 287.15, and 287.15 (2) (c) and (d), (3) (b) and (c), (4) and (5), as renumbered, are amended to read:
287.15 (2) (c) Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under s. 144.435 289.05 (1) and need not be licensed as a solid waste disposal facility under s. 144.44 subch. III of ch. 289.
(d) Compliance with solid and hazardous waste regulations. Except as provided under par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to that facility.
(3) (b) Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under s. 144.435 289.05 (1) and need not be licensed as a solid waste disposal facility under s. 144.44 subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer.
(c) Compliance with solid and hazardous waste regulations. Except as provided under par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to that facility.
(4) Waste oil transportation. (a) Exemptions. 1. The department shall exempt a consumer from the licensing and other requirements of s. 144.64 291.23 and rules promulgated under that section s. 291.05 (5) for the transportation of engine waste oil.
