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.
299.53(4)(d)
(d)
Venue. Any action on a violation shall be commenced in the circuit court for the county in which the violation occurred. If all parties stipulate and the circuit court for Dane county agrees, the proceedings may be transferred to the circuit court for Dane county.
299.53 History
History: 1987 a. 384;
1995 a. 227 s.
644; Stats. 1995 s. 299.53.
299.55
299.55
Confidentiality of records; used oil collection facilities and used oil fuel facilities. 299.55(1)
(1)
Records. Except as provided under
sub. (2), records and other information furnished to or obtained by the department in the administration of
ss. 287.15 and
299.53 are public records subject to
s. 19.21.
299.55(2)(a)(a)
Application. Any person subject to
s. 287.15 or
299.53 may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of
s. 287.15 or
299.53.
299.55(2)(b)
(b)
Standards for granting confidential status. Except as provided under
par. (c), the department shall grant confidential status for any records or information received by the department and certified by the applicant as relating to production or sales figures or to processes or production unique to the applicant or which would tend to adversely affect the competitive position of the applicant if made public.
299.55(2)(c)
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific applicant or facility or reveal records or other information granted confidential status.
299.55(2)(d)
(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
s. 287.15 or
299.53. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the applicant 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.
299.55 History
History: 1987 a. 384;
1989 a. 335 s.
89;
1995 a. 227 s.
645; Stats. 1995 s. 299.55.
299.62
299.62
Environmental protection requirements for tank vessels. 299.62(1)(a)
(a) "Bulk" means an undivided quantity of a substance that is loaded directly into a vessel and is not divided into individual containers.
299.62(1)(am)
(am) "Discharge" has the meaning given in
s. 144.76 (1) (a) [292.01 (3)].
299.62 Note
Note: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
299.62(1)(d)
(d) "Oil" means hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.
299.62(1)(e)
(e) "Tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.
299.62(2)(a)(a) Except as provided in
par. (b) or
(c), no tank vessel of under 5,000 gross tons may transport oil or hazardous material in bulk on that part of the Mississippi River over which this state has jurisdiction from the northern boundary of the Upper Mississippi River National Wildlife and Fish Refuge to the southernmost point of the Upper Mississippi River National Wildlife and Fish Refuge in this state unless the tank vessel has a double hull.
299.62(2)(b)
(b) Paragraph (a) does not apply to a tank vessel when the tank vessel and its crew are in danger due to extreme weather conditions.
299.62(2)(c)
(c) Paragraph (a) does not apply to a self-propelled tank vessel or a tank vessel that is propelled by a towing vessel if a tugboat accompanies the self-propelled tank vessel or tank vessel and towing vessel.
299.62(3)(a)(a) Except as provided under
par. (b), any person who owns or controls the movement of a tank vessel violating
sub. (2) shall be required to forfeit not less than $5,000 nor more than $10,000.
299.62(3)(b)
(b) Any person who owns or controls the movement of a tank vessel violating
sub. (2) and who, within 5 years before the commission of the current violation, was previously convicted of violating
sub. (2) shall be fined not less than $10,000 nor more than $25,000 or imprisoned for not more than 6 months or both.
299.62(3)(c)
(c) In addition to any penalty under
par. (a) or
(b), any person who owns or controls the movement of a tank vessel violating
sub. (2) from which oil or a hazardous material is discharged shall be required to forfeit triple the amount of the damage to the environment.
299.62 Note
Note: This section is shown as renumbered from s. 144.78 by the revisor under s. 13.93 (1) (b).
299.62 History
History: 1995 a. 290 s.
10; s. 13.93 (1) (b).
299.64
299.64
Open burning on commercial vessels. 299.64(1)(a)
(a) "Commercial vessel" means a vessel that is operated to transport property or passengers for hire or used by its operator or owner to earn a livelihood.
299.64(1)(b)
(b) "Open burning" has the meaning given in
s. 144.436 (1) (b) [289.51 (1) (b)].
299.64 Note
Note: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
299.64(2)
(2) Prohibition. No person may engage in or permit open burning on a commercial vessel in the waters of the state.
299.64(3)
(3) Citations. The department may follow the procedures for the issuance of a citation under
ss. 23.50 to
23.99 to collect a forfeiture for a violation of
sub. (2).
299.64(4)
(4) Penalty. Any person who violates
sub. (2) shall be required to forfeit no less than $100 nor more than $500.
299.64 Note
Note: This section is shown as renumbered from s. 144.783 by the revisor under s. 13.93 (1) (b).
299.64 History
History: 1995 a. 290 s.
11; s. 13.93 (1) (b).
299.66
299.66
Inspecting vessels. An employe or agent of the department may board and inspect any vessel that is subject to
s. 144.78 [299.62] or
144.783 [299.64] to determine the state of compliance with those provisions.
299.66 Note
Note: This section is shown as renumbered from s. 144.985 by the revisor under s. 13.93 (1) (b). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
299.66 History
History: 1995 a. 290 s.
13; s. 13.93 (1) (b).
299.91
299.91
Hearings; procedure; review. The department shall hold a public hearing relating to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants. The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of the order and all proceedings on the part of the complainants shall be stayed until the security is filed. The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to the last-known post-office address at least 20 days prior to the time set for the hearing. The hearing shall be held not later than 90 days after the filing of the complaint. The respondent shall file a verified answer to the complaint with the department and serve a copy on the person designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown. For purposes of any hearing under this section the hearing examiner may issue subpoenas and administer oaths. Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under
ch. 227. If the department determines that any complaint was filed maliciously or in bad faith it shall issue a finding to that effect and the person complained against is entitled to recover the expenses of the hearing in a civil action. Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require clean-up action if it already existed, shall be considered potential environmental pollution. This section does not apply to any part of the process for approving a feasibility report, plan of operation or license under
subch. III of ch. 289 or
s. 291.23 or
291.25.
299.91 History
History: 1979 c. 176;
1979 c. 221 s.
633; Stats. 1979 s. 144.975;
1981 c. 374,
403;
1995 a. 227 s.
826; Stats. 1995 s. 299.91.
299.93
299.93
Environmental assessments. 299.93(1)
(1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or
chs. 280 to
285 or
289 to
295 or a rule or order issued under this chapter or
chs. 280 to
285 or
289 to
295, the court shall impose an environmental assessment equal to 10% of the amount of the fine or forfeiture.
299.93(2)
(2) If a fine or forfeiture is suspended in whole or in part, the environmental assessment shall be reduced in proportion to the suspension.
299.93(3)
(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer under
sub. (4). If the deposit is returned, the environmental assessment shall also be returned.
299.93(4)
(4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the assessment in the environmental fund.
299.93 History
History: 1991 a. 39;
1993 a. 27,
458;
1995 a. 201;
1995 a. 227 s.
831; Stats. 1995 s. 299.93.
299.95
299.95
Enforcement; duty of department of justice; expenses. The attorney general shall enforce
chs. 281 to
285 and
289 to
295 and this chapter, except ss. [, and]
144.783 [299.64,] 281.48, 285.57 and 285.59, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. [, and]
144.783 [299.64,] 281.48, 285.57 and 285.59. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce
chs. 281 to
285 and
289 to
295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where
chs. 281 to
285 and
289 to
295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of [
chs. 281 to
285 and
289 to
295 and] this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under
s. 20.455 (1) (k).
299.95 Note
Note: This section is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed ", and" was inserted by
1995 Wis. Act 290 but rendered superfluous by the treatment of this provision by
1995 Wis. Act 227. The bracketed "299.64" indicates the correct cross-reference. The bracketed "chs. 281 to 285 and 289 to 295 and" was inadvertently omitted by Act 227. Corrective legislation is pending.
299.95 History
History: 1975 c. 39 s.
734;
1979 c. 34 s.
985g;
1979 c. 221; Stats. 1979 s. 144.98;
1981 c. 374;
1989 a. 284;
1993 a. 243;
1995 a. 27;
1995 a. 227 s.
829; Stats. 1995 s. 299.95;
1995 a. 290 s.
12; s. 13.93 (2) (c).
299.95 Annotation
The provision that the violation of an order prohibiting pollution constitutes a public nuisance does not mean that there is no nuisance until an order is issued. State v. Dairyland Power Coop. 52 W (2d) 45, 187 NW (2d) 878.
299.95 Annotation
The state need not show irreparable harm to obtain an injunction under this section. State v. C. Spielvogel & Sons, 193 W (2d) 464, 535 NW (2d) 28 (Ct. App. 1995).
299.97
299.97
Penalties and remedies. 299.97(1)
(1) Any person who violates this chapter, except
s. 144.78 (2) [299.62 (2)],
144.783 (2) [299.64 (2)], 299.15 (1), 299.51 (4) (b) or 299.53 (2) (a) or (3), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.
299.97 Note
Note: Sub. (1) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
299.97(2)
(2) In addition to the penalties provided under
sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh).
299.97 History
History: 1979 c. 34 s.
987m;
1979 c. 221; Stats. 1979 s. 144.99;
1989 a. 336;
1991 a. 262,
300,
315;
1995 a. 27;
1995 a. 227 s.
830; Stats. 1995 s. 299.97;
1995 a. 290 s.
14; s. 13.93 (2) (c).
