299.11(7)(b)3.b.
b. A laboratory seeking to use an alternative methodology may request confidential treatment of any data or information submitted to the department under this paragraph. The department shall grant confidential status for any data or information relating to unique methods or processes if the disclosure of those methods or processes would tend to adversely affect the competitive position of the laboratory.
299.11(7)(b)4.
4. `Waiver of the procedure'. The department may waive any procedure prescribed in the accepted methodology on a case-by-case basis if the laboratory seeking this waiver establishes sufficient reasons for the waiver and that the waiver does not adversely affect the purpose for which the test is conducted.
299.11(7)(c)
(c)
Reference sample testing. The department may prescribe by rule criteria for determining the accuracy of tests by certified laboratories on reference samples. The department shall provide, to the extent reasonably possible, reference samples prepared by an independent source for a representative cross section of test categories which are to be regularly and routinely performed by certified laboratories. The department may require a certified laboratory to analyze not more than 3 reference samples per year for each test category.
299.11(7)(d)
(d)
Quality control. The department shall establish by rule minimum requirements for a quality control program which ensures that a laboratory complies with criteria for the accuracy and precision of tests in each test category and which specifies procedures to be followed if these criteria are not met. The department may accept a quality control program based upon state or federal requirements for similar test categories.
299.11(7)(e)
(e)
Records. Where a particular time period is not otherwise specified by law, the department may prescribe by rule for each test category the length of time laboratory analysis records and quality control data specified in the laboratory's quality control program are to be retained by the laboratory.
299.11(7)(f)
(f)
Application for certification. The department shall specify by rule the criteria and standards to be met by applicants for certification. A laboratory desiring to be certified for a specified test category shall make application on forms provided by the department.
299.11(7)(g)
(g)
Initial certification. The department shall issue an initial certification to a laboratory for a specified test category if all of the following conditions are met:
299.11(7)(g)1.
1. `Application'. The laboratory submits an application requesting certification in a specified test category.
299.11(7)(g)2.
2. `Methodology'. The laboratory specifies a methodology prescribed or permitted under
par. (b) which it intends to utilize in conducting tests in the specified test category.
299.11(7)(g)3.
3. `Accuracy'. If the department provides a reference sample, the laboratory conducts a test on the sample and obtains results which comply with the minimum criteria for accuracy for that specified test category.
299.11(7)(g)4.
4. `Quality control'. The laboratory has or agrees to implement a quality control program which meets minimum requirements under
par. (d) for the specified test category and which is to commence no later than the date of certification.
299.11(7)(h)
(h)
Certification period. Certification of laboratories shall be renewed annually. A certification is valid from the date of issuance until it expires, is revoked or suspended.
299.11(7)(i)
(i)
Suspension and revocation. After considering recommendations from the council, the department shall establish by rule criteria and procedures for the review and evaluation of the certification of laboratories and the suspension or revocation of certifications. If, after opportunity for a contested case hearing, the department finds that a certified laboratory materially and consistently failed to comply with the criteria and procedures established by rule, it may suspend or revoke the certification of the laboratory. A person whose certification is suspended or revoked may reapply for certification upon a showing that the person meets the applicable criteria for certification and has corrected the deficiencies that led to the suspension or revocation.
299.11(8)(a)(a)
Criteria. Upon application, the department shall register a laboratory if the laboratory complies with the requirements of this subsection, if the laboratory does not perform tests commercially for hire and if:
299.11(8)(a)1.
1. The laboratory performs tests solely on its own behalf or on behalf of a subsidiary or other corporation under common ownership or control; or
299.11(8)(a)2.
2. The laboratory is owned or controlled by a municipality or 2 or more municipalities and performs tests solely on behalf of the municipality or municipalities.
299.11(8)(b)
(b)
Methodology. Testing by a registered laboratory conducted in connection with a covered program shall be carried out in accordance with
sub. (7) (b).
299.11(8)(c)
(c)
Reference sample testing. The department may require by rule reference sample tests upon application and annually thereafter. If results from these tests do not meet minimum criteria established by rule, the department may require additional reference sample testing. If the laboratory participates in a joint or split sampling program with the federal environmental protection agency, or otherwise obtains independent reference samples, the department may accept those results instead of its own reference samples.
299.11(8)(d)
(d)
Quality control. The laboratory shall conduct self-audits and a quality control program consistent with criteria specified by rule by the department and based on methods and standards prescribed by rule and considering criteria used by the federal environmental protection agency, the American Society for Testing and Materials, the national council on air and stream improvement, the national academy of sciences or other equivalent agency recognized by the department.
299.11(8)(e)
(e)
Records. Where a particular time period is not otherwise specified by law, the department may prescribe by rule for each test category the length of time laboratory analysis records and quality control data specified in the laboratory's quality control program are to be retained by the laboratory.
299.11(8)(f)
(f)
Registration. Registration of laboratories shall be renewed annually. A registration is valid from the date of issuance until it expires, is revoked or suspended.
299.11(8)(g)
(g)
Suspension or revocation of registration. If, after opportunity for a contested case hearing, the department finds that a registered laboratory has falsified results or has materially and consistently failed to comply with the self-audit procedures and quality control programs provided in
par. (d), it may suspend or revoke the registration of the laboratory. A person whose registration is suspended or revoked may reapply for registration upon a showing that the person meets the applicable criteria for registration and has corrected the deficiencies that led to the suspension or revocation.
299.11(8)(h)
(h)
Certification option. A laboratory which is otherwise eligible to seek registration may elect to apply for certification under
sub. (7).
299.11(9)
(9) Fees. The department shall promulgate by rule a graduated schedule of fees for certified and registered laboratories which are designed to recover the costs of administering this section.
299.13
299.13
Hazardous pollution prevention. 299.13(1)(b)
(b) "Capacity assurance plan" means the plan submitted under
42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.
299.13(1)(c)
(c) "Hazardous pollution prevention" means changes in processes or raw materials that reduce or eliminate the use or production of hazardous substances, toxic pollutants and hazardous waste. "Hazardous pollution prevention" does not include incineration, changes in the manner of release of a hazardous substance, toxic pollutant or hazardous waste, recycling of a hazardous substance, toxic pollutant or hazardous waste outside of the process or treatment of hazardous substances, toxic pollutants or hazardous waste after the completion of the process.
299.13(1)(f)
(f) "Release" means emission to the air, discharge to the waters of the state or disposal on the land.
299.13(1m)
(1m) Promotion of hazardous pollution prevention. In carrying out the duties under
ss. 36.25 (30) and
560.19 and this section, the department, the department of commerce, the council and the program shall promote all of the following techniques for hazardous pollution prevention:
299.13(1m)(a)
(a) Replacing a hazardous substance used in a process with a substance that is not hazardous or is less hazardous.
299.13(1m)(b)
(b) Reformulating a product so that the product is not hazardous or is less hazardous upon use, release or disposal.
299.13(1m)(c)
(c) Changing processes and equipment that produce hazardous substances, toxic pollutants or hazardous waste.
299.13(1m)(d)
(d) Improving operation of production processes and equipment.
299.13(1m)(e)
(e) Reusing or otherwise reducing the demand for hazardous substances within processes.
299.13(2)
(2) Department duties. The department shall do all of the following:
299.13(2)(a)
(a) Designate an employe of the department to serve as hazardous pollution prevention coordinator and to do all of the following:
299.13(2)(a)2.
2. Recommend educational priorities to the university of Wisconsin-extension for the program, considering volume and toxicity of hazardous substances, toxic pollutants and hazardous waste produced, lack of compliance with environmental standards, potential for hazardous pollution prevention and projected shortfalls in hazardous waste treatment or disposal facilities under the capacity assurance plan.
299.13(2)(a)3.
3. Coordinate the department's hazardous pollution prevention efforts with those of other governmental agencies and private groups.
299.13(2)(a)4.
4. Provide training concerning hazardous pollution prevention to employes of the department.
299.13(2)(b)
(b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the council, the legislature and the public.
299.13(2)(c)
(c) Assist the university of Wisconsin-extension in conducting the education program under
s. 36.25 (30).
299.13(2)(d)
(d) Seek federal funding to promote hazardous pollution prevention.
299.13 Note
Note: See
1989 Wis. Act 325, which creates this section, for a declaration of legislative findings and purpose.
299.15
299.15
Reports on substances used; wastewater fee. 299.15(1)(1) The department shall require by rule that all persons discharging industrial wastes, hazardous substances or air contaminants in this state report the manner used, amount used and amount discharged for each such waste, substance or contaminant. The required report shall include industrial wastes and hazardous substances discharged into any sewerage system operated by a municipality. The department may verify reports received by field monitoring of industrial waste and other waste outfalls and air contaminant sources.
299.15(2)(a)(a) The department by rule shall prescribe method of analysis and form of the reports required by this section and shall establish parameters for the pollutants on which reports are required by this section. The pollutants for which parameters are to be established shall include, but are not limited to:
299.15(2)(a)3.
3. Elemental discharges such as mercury or cadmium which may be toxic or hazardous when released to the environment.
299.15(2)(b)
(b) The department may, by rule, establish minimum reporting levels for pollutants and minimum effluent volumes for which reports are required under this section.
299.15(3)(am)1.1. There is established an annual wastewater discharge environmental fee.
299.15(3)(am)2.
2. In fiscal year 1991-92, the fee under this paragraph shall be paid by each person required to report a wastewater discharge under
sub. (1). In fiscal year 1991-92, the fee under this paragraph shall be based on an administrative fee of $100 plus an additional fee, to be set by the department by rule and to be based on the concentration or quantity or both of pollutants discharged in relation to the parameters established under
sub. (2) (a).
299.15(3)(am)3.
3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under
s. 283.31. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under
s. 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.
299.15(3)(b)
(b) In establishing an annual discharge fee schedule under
par. (am) 1., the department shall distinguish between substances discharged directly to surface waters and those discharged into land disposal systems or publicly owned treatment works based on their relative impacts on the quality of groundwaters and surface waters.
299.15(3)(cm)1.1. Except as provided in
subd. 2., the annual fee under
par. (am) shall be designed to generate revenues equal to 100% of the amount appropriated under
s. 20.370 (2) (ma) for wastewater management, 50% of the amount appropriated under
s. 20.370 (2) (ma) for technical services and, of the amount appropriated under
s. 20.370 (2) (ma) for water resources management, 100% of the amount related to surface water standards and monitoring, none of the amount related to nonpoint source pollution control and lakes management and 50% of the balance for the fiscal year in which the fee is collected.
299.15(3)(cm)2.
2. In any fiscal year after fiscal year 1992-93, the department may not charge total fees under
par. (am) that exceed the total fees that it charges under
par. (am) for fiscal year 1992-93.
299.15(3)(cm)3.
3. The department shall charge the fee under
par. (am) so that municipalities that are subject to the fee pay 50% of the total charged and so that other persons who are subject to the fee pay 50% of the total charged.
299.15(3)(d)
(d) The annual fees under this section shall be paid for each plant at which pollutants are discharged.
299.15(4)
(4) Violators of the reporting requirements established under
sub. (1) shall forfeit not less than $200 nor more than $10,000 or an amount double the applicable environmental fee under
sub. (3), whichever is greater, for each offense.
299.15(5)
(5) The department may hold hearings relating to any aspect of the administration of the system established under this section, including, but not limited to, the assessment of fees against specific plants and, in connection therewith, may compel the attendance of witnesses and the production of evidence.
299.21
299.21
Gifts and grants. The department may accept gifts and grants from any private or public source for any purpose relating to its environmental quality functions and may expend or use such gifts and grants for the purposes for which received.
299.21 History
History: 1991 a. 39 s.
2553; Stats. 1991 s. 144.965;
1995 a. 227 s.
823; Stats. 1995 s. 299.21.
299.23
299.23
Financial interest prohibited. The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.
299.23 History
History: 1979 c. 221 s.
621; Stats. 1979 s. 144.952;
1983 a. 410 s.
74; Stats. 1983 s. 144.97;
1995 a. 227 s.
825; Stats. 1995 s. 299.23.
299.31
299.31
Groundwater protection. The department shall comply with the requirements of
ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
299.31 History
History: 1983 a. 410;
1995 a. 227 s.
819; Stats. 1995 s. 299.31.
299.33
299.33
Uniform transboundary pollution reciprocal access act. 299.33(1)(a)
(a) "Person" means an individual person, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
299.33(1)(b)
(b) "Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this section or provides substantially equivalent access to its courts and administrative agencies.
299.33(2)
(2) Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.
299.33(3)
(3) Right to relief. A person who suffers, or is threatened with, injury to his or her person or property in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.
299.33(4)
(4) Applicable law. The law to be applied in an action or other proceeding brought pursuant to this section, including what constitutes "environmental pollution", is the law of this jurisdiction excluding choice of law rules. Nothing in this section restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in this section determines whether state law or federal law applies in any particular legal action.
299.33(5)
(5) Equality of rights. This section creates no substantive rights of action beyond those available under other law in this state and does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.
299.33(6)
(6) Right additional to other rights. The right provided in this section is in addition to and not in derogation of any other rights, except that no action or proceeding for injury or threatened injury to property or person in another jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction unless the right to relief is provided under this section.
