SB622,399,1414 GENERAL PROVISIONS; ENFORCEMENT
SB622,399,1515 (precedes 283.81)
SB622, s. 989 16Section 989. Chapter 285 of the statutes is created to read:
SB622,399,1717 Chapter 285
SB622,399,1818 Air Pollution
SB622,399,1919 Subchapter I
SB622,399,2020 DefinitionS
SB622,399,2121 (precedes 285.01)
SB622,399,22 22285.01 Definitions. In this chapter, unless the context requires otherwise:
SB622,400,2 23(3) "Air pollution" means the presence in the atmosphere of one or more air
24contaminants in such quantities and of such duration as is or tends to be injurious

1to human health or welfare, animal or plant life, or property, or would unreasonably
2interfere with the enjoyment of life or property.
SB622,400,3 3(13) "Department" means the department of natural resources.
SB622,400,11 4(21) "Hazardous substance" means any substance or combination of
5substances including any waste of a solid, semisolid, liquid or gaseous form which
6may cause or significantly contribute to an increase in mortality or an increase in
7serious irreversible or incapacitating reversible illness or which may pose a
8substantial present or potential hazard to human health or the environment because
9of its quantity, concentration or physical, chemical or infectious characteristics. This
10term includes, but is not limited to, substances which are toxic, corrosive, flammable,
11irritants, strong sensitizers or explosives as determined by the department.
SB622,400,14 12(28) "Municipality" means any city, town, village, county, county utility
13district, town sanitary district, public inland lake protection and rehabilitation
14district or metropolitan sewage district.
SB622,400,17 15(33) "Person" means an individual, owner, operator, corporation, limited
16liability company, partnership, association, municipality, interstate agency, state
17agency or federal agency.
SB622,400,19 18(35) "Refuse" means all matters produced from industrial or community life,
19subject to decomposition, not defined as sewage.
SB622,400,20 20(38) "Secretary" means the secretary of natural resources.
SB622,400,23 21(39) "Sewage" means the water-carried wastes created in and to be conducted
22away from residences, industrial establishments, and public buildings as defined in
23s. 101.01 (12), with such surface water or groundwater as may be present.
SB622,401,7 24(40) "Solid waste" means any garbage, refuse, sludge from a waste treatment
25plant, water supply treatment plant or air pollution control facility and other

1discarded or salvageable materials, including solid, liquid, semisolid, or contained
2gaseous materials resulting from industrial, commercial, mining and agricultural
3operations, and from community activities, but does not include solids or dissolved
4material in domestic sewage, or solid or dissolved materials in irrigation return flows
5or industrial discharges which are point sources subject to permits under ch. 283, or
6source material, as defined in s. 254.31 (10), special nuclear material, as defined in
7s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).
SB622,401,88 Subchapter II
SB622,401,99 General Powers and Duties
SB622,401,1010 (precedes 285.11)
SB622,401,11 11285.11 Air pollution control; department duties.
SB622,401,12 12285.13 Air pollution control; department powers.
SB622,401,13 13285.15 Interstate agreement.
SB622,401,1414 Subchapter III
SB622,401,1715 Air quality standards, performance
16 standards; Emission Limits and
17 Nonattaintment Areas
SB622,401,1818 (precedes 285.21)
SB622,401,19 19285.21 Ambient air quality standards and increments.
SB622,401,20 20285.27 Performance and emission standards.
SB622,402,3 21(4) Impact of change in federal standards. If the standards of performance
22for new stationary sources or the emission standards for hazardous air contaminants
23under the federal clean air act are relaxed, the department shall alter the
24corresponding state standards unless it finds that the relaxed standards would not
25provide adequate protection for public health and welfare. This subsection applies

1to state standards of performance for new stationary sources and emission standards
2for hazardous air contaminants in effect on April 30, 1980, if the relaxation in the
3corresponding federal standards occurs after April 30, 1980.
SB622,402,44 Subchapter iv
SB622,402,75 Volatile Organic compounds
6 and mobile sources; Emission
7 Limits and Standards
SB622,402,88 (precedes 285.30)
SB622,402,99 Subchapter V
SB622,402,1110 Sulfur Dioxide and Nitrogen
11 Oxide Emission Rates and Goals
SB622,402,1212 (precedes 285.41)
SB622,402,1313 Subchapter VI
SB622,402,1614 Waste Incinerators; Ozone
15 Depleting Substances; Emission
16 Limits and Other REquirements
SB622,402,1717 (precedes 285.51)
SB622,402,18 18285.51 Solid waste incinerator operator certification.
SB622,402,1919 subchapter vii
SB622,402,2020 Permits and Fees
SB622,402,2121 (precedes 285.60)
SB622,402,2222 subchapter VIII
SB622,402,2323 Miscellaneous
SB622,402,2424 (precedes 285.70)
SB622,402,2525 Subchapter IX
SB622,403,1
1Enforcement; Penalties
SB622,403,22 (precedes 285.81)
SB622, s. 990 3Section 990. 287.17 of the statutes, as affected by 1995 Wisconsin Act .... (this
4act), is repealed.
SB622, s. 991 5Section 991. Chapter 289 of the statutes is created to read:
SB622,403,66 Chapter 289
SB622,403,77 Solid Waste Facilities
SB622,403,98 Subchapter I
9 Definitions
SB622,403,1010 (precedes 289.01)
SB622,403,1411 289.01 (2) "Air pollution" means the presence in the atmosphere of one or more
12air contaminants in such quantities and of such duration as is or tends to be injurious
13to human health or welfare, animal or plant life, or property, or would unreasonably
14interfere with the enjoyment of life or property.
SB622,403,15 15(7) "Department" means the department of natural resources.
SB622,403,19 16(8) "Environmental pollution" means the contaminating or rendering unclean
17or impure the air, land or waters of the state, or making the same injurious to public
18health, harmful for commercial or recreational use, or deleterious to fish, bird,
19animal or plant life.
SB622,403,21 20(9) "Garbage" means discarded materials resulting from the handling,
21processing, storage and consumption of food.
SB622,404,4 22(11) "Hazardous substance" means any substance or combination of
23substances including any waste of a solid, semisolid, liquid or gaseous form which
24may cause or significantly contribute to an increase in mortality or an increase in
25serious irreversible or incapacitating reversible illness or which may pose a

1substantial present or potential hazard to human health or the environment because
2of its quantity, concentration or physical, chemical or infectious characteristics. This
3term includes, but is not limited to, substances which are toxic, corrosive, flammable,
4irritants, strong sensitizers or explosives as determined by the department.
SB622,404,7 5(23) "Municipality" means any city, town, village, county, county utility
6district, town sanitary district, public inland lake protection and rehabilitation
7district or metropolitan sewage district.
SB622,404,10 8(27) "Person" means an individual, owner, operator, corporation, limited
9liability company, partnership, association, municipality, interstate agency, state
10agency or federal agency.
SB622,404,12 11(28) "Refuse" means all matters produced from industrial or community life,
12subject to decomposition, not defined as sewage.
SB622,404,13 13(31) "Secretary" means the secretary of natural resources.
SB622,404,16 14(31m) "Sewage" means the water-carried wastes created in and to be
15conducted away from residences, industrial establishments, and public buildings as
16defined in s. 101.01 (12), with such surface water or groundwater as may be present.
SB622,404,25 17(33) "Solid waste" means any garbage, refuse, sludge from a waste treatment
18plant, water supply treatment plant or air pollution control facility and other
19discarded or salvageable materials, including solid, liquid, semisolid, or contained
20gaseous materials resulting from industrial, commercial, mining and agricultural
21operations, and from community activities, but does not include solids or dissolved
22material in domestic sewage, or solid or dissolved materials in irrigation return flows
23or industrial discharges which are point sources subject to permits under ch. 283, or
24source material, as defined in s. 254.31 (10), special nuclear material, as defined in
25s. 254.31 (11), or by-product material, as defined in s. 254.31 (3).
SB622,405,4
1(41) "Waste site" means any site, other than an approved facility, an approved
2mining facility or a nonapproved facility, where waste is disposed of regardless of
3when disposal occurred or where a hazardous substance is discharged before May 21,
41978.
SB622,405,5 5(42) "Wastewater" means all sewage.
SB622,405,7 6(44) "Water supply" means the sources and their surroundings from which
7water is supplied for drinking or domestic purposes.
SB622,405,118 Subchapter II
9 Administration; Solid Waste
10 Management Standards
11 (precedes 289.05)
SB622,405,12 12289.06 Department duties.
SB622,405,13 13289.07 Department powers.
SB622,405,1614 subchapter iii
15 facilities; siting
16 (precedes 289.21)
SB622,405,17 17289.23 Feasibility report required; distribution; public notice.
SB622,405,18 18289.24 Feasibility report contents; completeness; distribution.
SB622,405,21 19(4) Immediately after the applicant receives notification of the department's
20determination that the feasibility report is complete, the applicant shall distribute
21copies of the feasibility report to the persons specified under s. 289.32.
SB622,405,22 22289.25 Environmental review.
SB622,405,23 23289.26 Informational hearing.
SB622,405,24 24289.27 Contested case hearing.
SB622,405,25 25289.28 Determination of need.
SB622,406,1
1289.29 Determination of feasibility.
SB622,406,52 Subchapter IV
3 Long-term care; financial
4 responsibility; operation; waivers;
5 exemptions; closure
SB622,406,6 6(precedes 289.41)
SB622,406,7 7289.42 Operation of facilities.
SB622,406,88 Subchapter V
SB622,406,119 Facilities; regulation of specific
10 facility or waste types
11(precedes 289.51)
SB622,406,1412 subchapter vi
13 fees; funds
14(precedes 289.61)
SB622,406,15 15289.62 Tonnage fees.
SB622,406,16 16289.67 Environmental repair fee and surcharge.
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