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.
299.33(7)
(7) Waiver of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this section only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.
299.33(8)
(8) Exclusion. This section does not apply to any action or other proceeding for injury or threatened injury to property or person caused by a publicly owned treatment work operated under a permit for the discharge of pollutants issued by the department under
s. 285.31.
299.33(9)
(9) Uniformity of application and construction. This section shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this section among jurisdictions enacting it.
299.33(10)
(10) Title. This section may be cited as the "uniform transboundary pollution reciprocal access act".
299.33 History
History: 1985 a. 291;
1987 a. 403;
1993 a. 16;
1995 a. 227 s.
832; Stats. 1995 s. 299.33.
299.41
299.41
Household hazardous waste. The department shall establish and administer a grant program to assist municipalities in creating and operating local programs for the collection and disposal of household hazardous waste.
299.41 History
History: 1985 a. 29;
1995 a. 227 s.
699; Stats. 1995 s. 299.41.
299.43
299.43
Collection and disposal of products containing 2,4,5-T and silvex. 299.43(1)(1)
Authorization. The department is authorized to establish facilities for the collection and disposal of pesticide products prohibited from use under
s. 94.707. The department may establish the location of these facilities and the dates and times when the facilities are open.
299.43(2)
(2) Restrictions. The department shall restrict the persons who may use any facility established under
sub. (1) so that:
299.43(2)(a)
(a) No person who is regularly engaged in the business of manufacturing, selling, distributing or transporting pesticides may use the facility.
299.43(2)(b)
(b) No person who is a certified commercial applicator or a certified nonresident commercial applicator under
s. 94.705 may use the facility.
299.43 History
History: 1983 a. 397;
1987 a. 27;
1995 a. 227 s.
717; Stats. 1995 s. 299.43.
299.45
299.45
Manufacture and purchase of polychlorinated biphenyls. 299.45(1)(a)
(a) "PCBs" mean the class of organic compounds generally known as polychlorinated biphenyls and includes any of several compounds or mixtures of compounds produced by replacing 2 or more hydrogen atoms on the biphenyl molecule with chlorine atoms.
299.45(1)(c)
(c) "Product containing PCBs" means any item, device or material to which PCBs are intentionally added during or after manufacture as plasticizers, heat transfer media, hydraulic fluids, dielectric fluids, solvents, surfactants, insulators or coating, adhesive, printing or encapsulating materials or for other uses related to the function of such item, device or material.
299.45(2)
(2) No person may manufacture, or purchase for use within this state, PCBs or a product containing PCBs.
299.45(3)
(3) Subsection (2) shall not apply to any product containing PCBs if:
299.45(3)(a)
(a) The product contains PCBs in a closed system as a dielectric fluid for an electric transformer, electromagnet or capacitor, unless the department by rule prohibits such manufacture or purchase of specific products for which the department has determined that adequate alternatives are available at the time of manufacture or purchase.
299.45(3)(b)
(b) The product is an electrical component containing less than 2 pounds of PCBs, unless the department by rule prohibits the manufacture or purchase of any such product manufactured after the effective date of such rule for which the department has determined that an adequate alternative is available.
299.45(3)(c)
(c) The product is wastepaper, pulp or other paper products or materials, in which case such product may be purchased for use within this state in the manufacture of recycled paper products.
299.45(4)
(4) Subsection (2) shall not be construed to prohibit the manufacture or purchase of PCBs or products containing PCBs for use within this state in scientific research, analytical testing or experimentation.
299.45(5)
(5) The department by rule may exempt other uses of PCBs from the provisions of
sub. (2) for specific products when adequate alternatives are not available.
299.45(6)(a)(a) In determining whether adequate alternatives are available under
sub. (3) (a) and
(b) or
(5), the department shall take into account and make specific findings as to the following criteria:
299.45(6)(a)1.
1. The commercial availability and cost of alternative products;
299.45(6)(a)2.
2. The safety of alternative products to both human life and property;
299.45(6)(a)3.
3. The acceptance of alternative products by insurance underwriters;
299.45(6)(a)4.
4. The extent to which use of such alternative products is otherwise restricted by law;
299.45(6)(a)5.
5. The degree to which such alternative products satisfy the performance standards required for the particular use; and
299.45(6)(a)6.
6. Any adverse environmental effects associated with such alternative products.
299.45(7)
(7) The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under
sub. (3) (b) or
(c). In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under
s. 289.05 (1) and chs.
NR 500 to
520, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in
sub. (1) (c). Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.
299.45(8)
(8) The department shall adopt rules setting forth the method and manner of sampling, preparing samples and analyzing PCBs which shall be used by the department in implementing this section.
299.51
299.51
Medical waste management. 299.51(1)(am)
(am) "Manifest" means a form used for identifying the quantity, composition, origin, routing and destination of medical waste during its transport and disposal.
299.51(1)(b)
(b) "Medical waste" means infectious waste, as defined in
s. 287.07 (7) (c) 1. c., and other waste that contains or may be mixed with infectious waste.
299.51(2)
(2) Medical waste reduction. Except as provided under
sub. (3) (am), every clinic, nursing home and hospital shall implement a policy for the reduction of the amount of medical waste generated as required by the department by rule.
299.51(3)
(3) Rules. The department shall promulgate rules that do all of the following:
299.51(3)(a)
(a) Establish requirements for medical waste reduction by hospitals.
299.51(3)(am)
(am) Exempt types of generators of medical waste that generate less than 50 pounds of medical waste per month from the requirement under
sub. (2).
299.51(3)(b)
(b) Establish requirements for packaging, handling, shipping and transporting medical waste.
299.51(3)(c)
(c) Require a license for persons who transport medical waste and impose a fee for that license.
299.51(3)(d)
(d) Require the use of manifests to monitor the transport and disposal of medical waste.
299.51(4)(a)(a) No person may transport medical waste without a license issued by the department under
sub. (3) (c).
299.51(4)(b)
(b) No person may dispose of medical waste in a facility for solid waste disposal unless the medical waste has undergone solid waste treatment.
299.51(5)
(5) Penalty. Any person who violates
sub. (4) (b) may be required to forfeit not more than $25,000. Each act of disposal in violation of
sub. (4) (b) constitutes a separate offense.
299.51 History
History: 1991 a. 39,
300;
1995 a. 227 s.
643; Stats. 1995 s. 299.51.
299.53(1)(a)
(a) "Used oil" means any petroleum-derived or synthetic oil which, as a result of use or management, is contaminated. "Used oil" includes, but is not limited to, the following:
299.53(1)(a)3.
3. Metalworking fluid, including cutting, grinding, machining, rolling, stamping, quenching and coating oils.
299.53(1)(b)
(b) "Used oil fuel" means any fuel designated by the department by rule that contains used oil or is produced from used oil or from a combination of used oil and other material.
299.53(2)(a)(a) A person who does any of the following shall notify the department of the location and description of each facility used and the description of the used oil fuel:
299.53(2)(a)1.
1. Owns or operates a facility that produces used oil fuel or a facility that recovers energy by burning used oil fuel.
299.53(2)(b)
(b) The department may by rule exempt specific persons or facilities from the requirements of
par. (a).
299.53(3)
(3) Inspections and right of entry. Upon the request of any officer or employe of the department and with notice provided no later than upon the officer's or employe's arrival, any person subject to
sub. (2) (a) shall permit the officer or employe access to vehicles, premises and records relating to used oil fuel at any reasonable time. An officer or employe of the department may take samples of any used oil fuel. The officer or employe shall commence and complete inspections with reasonable promptness. The officer or employe shall give the person a receipt for each sample taken and, upon request, half of the sample. The department shall promptly furnish the person with a copy of the results of the analysis of each sample and a copy of the inspection report.
299.53(4)(a)(a)
Compliance orders. If the department determines that any person is in violation of
sub. (2) (a) or
(3) or any rule promulgated under this section, the department may do one or more of the following:
299.53(4)(a)2.
2. Issue a special order requiring compliance within a specified time period.
299.53(4)(b)
(b)
Department of justice action; disposition. The department of justice may initiate the legal action requested by the department under
par. (a) 3. after receipt of the written request. In any action commenced by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice may not enter into a final disposition different than that previously discussed without first informing the department.
299.53(4)(c)1.1. Any person who violates
sub. (2) (a) or
(3) or any rule promulgated or special order issued under this section shall forfeit not more than $25,000 for each violation.
299.53(4)(c)2.
2. Any person who intentionally makes any false statement or representation in complying with
sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall be fined not more than $50,000 or imprisoned for not more than 2 years or both.
