285.45(3)(b)2. 2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).
285.45(3)(c)1.1. If the department determines that the excess emissions are or will be attributable to the large sources, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under sub. (2) (c) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit. The department shall hold a public hearing on the report.
285.45(3)(c)2. 2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).
285.45(3)(d) (d) If the department determines that the excess emissions are or will be attributable to both the major utilities and the large sources, the department shall comply with both pars. (b) and (c). The reports and public hearings required under those paragraphs may be combined.
285.45 History History: 1985 a. 296; 1987 a. 186; 1995 a. 227 s. 483; Stats. 1995 s. 288.45.
285.47 285.47 Nitrogen oxide emission goal; major utilities.
285.47(1)(1)Definition. In this section, "major utility" has the meaning given in s. 285.41 (1) (f).
285.47(2) (2)Goal. It is the goal of this state that, beginning with 1991, the total annual nitrogen oxide emissions from all major utilities do not exceed 135,000 tons.
285.47 History History: 1985 a. 296; 1987 a. 186; 1995 a. 27; 1995 a. 227 s. 484; Stats. 1995 s. 285.47.
subch. VI of ch. 285 SUBCHAPTER VI
WASTE INCINERATORS; OZONE DEPLETING
SUBSTANCES; EMISSION LIMITS
AND OTHER REQUIREMENTS
285.51 285.51 Solid waste incinerator operator certification.
285.51(1)(1) In this section, "solid waste treatment" has the meaning given in s. 289.01 (39).
285.51(2) (2) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste treatment facilities that burn solid waste. The certification requirements shall take effect on January 1, 1993. The department shall do all of the following:
285.51(2)(a) (a) Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain certification.
285.51(2)(b) (b) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification.
285.51(2)(c) (c) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate.
285.51(2)(d) (d) Impose fees for the operator training and certification program.
285.51(2)(e) (e) Require that there be one or more certified operators on the site of a solid waste treatment facility at all times during the facility's hours of operation.
285.51(3) (3) The program under sub. (2) does not apply with respect to any of the following:
285.51(3)(a) (a) A facility described in s. 287.07 (7) (bg).
285.51(3)(b) (b) A solid waste treatment facility for the treatment of hazardous waste.
285.51(3)(c) (c) A solid waste treatment facility for high-volume industrial waste as defined in s. 289.01 (17).
285.51(3)(d) (d) A solid waste treatment facility of a type exempted from the program by the department by rule.
285.51(4) (4) The training required under sub. (2) (b) may be conducted by the department or by another person with the approval of the department.
285.51(5) (5) The department may suspend or revoke a solid waste treatment facility's operating license if persons at the facility fail to obtain certification required under sub. (2) (a) or for failure to have a certified operator on the site as required under sub. (2) (e).
285.51(6) (6) The department may suspend or revoke an operator's certification for failure to comply with this chapter, rules promulgated under this chapter or conditions of operation made applicable to a solid waste treatment facility by the department.
285.51 History History: 1995 a. 227 s. 457, 989.
285.53 285.53 Testing emissions from medical waste incinerators.
285.53(1)(1)Testing for hazardous substances.
285.53(1)(a)(a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day.
285.53(1)(b) (b) Requirements.
285.53(1)(b)1.1. A person operating or responsible for the operation of a medical waste incinerator described in par. (a) shall test emissions of particulates, dioxins, furans, arsenic, lead, hexavalent chromium, cadmium, mercury and any other hazardous substance identified by the department by rule, at least as often as follows:
285.53(1)(b)1.a. a. During the initial 90-day period of operation.
285.53(1)(b)1.b. b. One year following the initial 90-day period of operation.
285.53(1)(b)1.c. c. Every 2 years following the testing under subd. 1. b.
285.53(1)(b)2. 2. A person operating or responsible for the operation of a medical waste incinerator described in par. (a) shall report the results of the testing under subd. 1. to the department and the city, village or town in which the medical waste incinerator is located.
285.53(1)(c) (c) Analysis.
285.53(1)(c)1.1. The department shall provide an analysis of the test results submitted under par. (b) 2. to the city, village or town in which the medical waste incinerator is located.
285.53(1)(c)2. 2. The city, village or town in which the medical waste incinerator is located shall publish the analysis provided under subd. 1. as a class 1 notice under ch. 985.
285.53(1)(c)3. 3. The department may charge the person operating or responsible for the operation of the medical waste incinerator a fee for reviewing and preparing the analysis of the test results.
285.53(2) (2)Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr., shall continuously monitor emissions from the medical waste incinerator.
285.53 History History: 1989 a. 335; 1991 a. 300; 1995 a. 227 s. 479; Stats. 1995 s. 285.53.
285.55 285.55 Medical waste incinerator moratorium.
285.55(1) (1) In this section, "medical waste incinerator" means a facility for solid waste treatment, as defined in s. 289.01 (39), that burns medical waste, as defined in s. 287.07 (7) (c) 1. cg.
285.55(2) (2) Except as provided in sub. (3), (4), (5) or (6), the department may not issue an air pollution control permit for the construction or modification of a medical waste incinerator or an initial license under s. 289.31 for a medical waste incinerator.
285.55(3) (3)Subsection (2) does not apply to the issuance of a license under s. 289.31 for ash management for a medical waste incinerator that is operating on May 14, 1992, or has an air pollution control permit on May 14, 1992.
285.55(4) (4)Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 287.07 (7) (c) 1. a., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:
285.55(4)(a) (a) The construction or modification is designed to treat medical waste generated by one or more hospitals, clinics or nursing homes that are identified in the application for the air pollution control permit or the license under s. 289.31 and that are located in the county in which the medical waste incinerator is located or in an adjacent county in this state.
285.55(4)(b) (b) If the air pollution control permit is for modification of a medical waste incinerator, the modification does not expand the capacity of the medical waste incinerator, except that if the modified medical waste incinerator replaces one or more other medical waste incinerators that are in operation on May 14, 1992, and that are used by the hospitals, nursing homes or clinics identified in the application for the air pollution control permit, the modification may increase the capacity of the medical waste incinerator that is proposed to be modified by no more than the capacity of the medical waste incinerators that it replaces.
285.55(4)(c) (c) If the air pollution control permit is for construction of a medical waste incinerator, the proposed medical waste incinerator replaces one or more medical waste incinerators that are in operation on May 14, 1992, and that are used by the hospitals, nursing homes or clinics identified in the application for the air pollution control permit and the proposed medical waste incinerator does not have a greater capacity than the medical waste incinerators that it replaces.
285.55(5) (5)Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the construction of a medical waste incinerator in a 4th class city if all of the following apply:
285.55(5)(a) (a) The air pollution control permit for the proposed medical waste incinerator replaces an air pollution control permit that was issued by the department before May 14, 1992, for a medical waste incinerator that was proposed to be constructed at the same location but that has not been constructed before April 28, 1994.
285.55(5)(b) (b) The proposed medical waste incinerator does not have a greater capacity than the medical waste incinerator that it replaces.
285.55(5)(c) (c) The air pollution control permit for the proposed medical waste incinerator contains an emission limit for each air contaminant covered by the air pollution control permit that is lower than the emission limit for that air contaminant in the air pollution control permit that is being replaced.
285.55(6) (6)Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the modification of a medical waste incinerator in operation on May 14, 1992, if the modification is designed to allow the medical waste incinerator to achieve compliance with the federal clean air act or the department's rules concerning the emission of hazardous air contaminants and does not expand the medical waste incinerator's capacity.
285.55(7) (7) This section does not apply after July 1, 1998.
285.55 History History: 1991 a. 300; 1993 a. 295; 1995 a. 227 s. 505; Stats. 1995 s. 285.55.
285.57 285.57 Emission of ozone-depleting substances.
285.57(1)(1)Definition. In this section, "class I substance" has the meaning given in 42 USC 7671 (3).
285.57(2) (2)Medical sterilizers.
285.57(2)(a)(a) The department shall evaluate the progress toward eliminating the use of class I substances in medical sterilizers. The department shall complete the evaluation no later than August 1, 1994.
285.57(2)(b) (b) Based on the results of the evaluation under par. (a), the department shall promulgate a rule that prohibits the use of class I substances in medical sterilizers or, if no adequate substitute for class I substances is available, requires persons who operate medical sterilizers that use class I substances to achieve the lowest achievable emission rate for class I substances.
285.57(3) (3)Solvents. The department shall advise persons who use class I substances as solvents on ways to eliminate that use.
285.57(4) (4)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).
285.57(5) (5)Penalties. Any person who violates sub. (2) shall be required to forfeit not less than $250 nor more than $1,000. Each day of violation constitutes a separate offense.
285.57 History History: 1993 a. 243; 1995 a. 227 s. 508; Stats. 1995 s. 285.57.
285.59 285.59 Recovery of ozone-depleting refrigerants.
285.59(1)(1)Definitions. In this section:
285.59(1)(a) (a) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).
285.59(1)(b) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
285.59(2) (2)Salvaging refrigeration equipment. After June 30, 1992, except as provided in sub. (3), no person, including a state agency, may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:
285.59(2)(a) (a) That the person uses equipment that is approved by the department to transfer ozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks whenever it performs those activities.
285.59(2)(b) (b) That the individuals who use the equipment under par. (a) have, or are under the supervision of individuals who have, the qualifications established under sub. (5) (a) 1.
285.59(3) (3)Scrap metal processors.
285.59(3)(a)(a) In this subsection, "scrap metal processor" has the meaning given in s. 84.31 (2) (h).
285.59(3)(c) (c) After June 30, 1992, except as provided in par. (d), any person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor shall do all of the following:
285.59(3)(c)1. 1. Transfer ozone-depleting refrigerant from the mechanical vapor compression refrigeration equipment into a storage tank as provided in sub. (2) (a) and (b) or obtain and possess documentation that another person performed that transfer.
285.59(3)(c)2. 2. Provide documentation to the scrap metal processor that it has complied with subd. 1.
285.59(3)(d) (d) Paragraph (c) does not apply to a person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor that agrees in writing to transfer the ozone-depleting refrigerant into a storage tank as provided in sub. (2) (a) and (b).
285.59(4) (4)Release.
285.59(4)(a)(a) During the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, no person may knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur as a result of efforts to transfer ozone-depleting refrigerant into storage tanks.
285.59(4)(am) (am) No person may knowingly or negligently release from a storage tank to the environment ozone-depleting refrigerant that was removed during the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, except that this paragraph does not apply to minimal releases that occur as a result of efforts to transfer ozone-depleting refrigerant into mechanical vapor compression refrigeration equipment or other storage tanks.
285.59(4)(b) (b) Any person who transports, for purposes of salvaging or dismantling, mechanical vapor compression refrigeration equipment that contains ozone-depleting refrigerant shall certify to the department that it complies with par. (a), except that this paragraph does not apply to an individual who transports his or her personal mechanical vapor compression refrigeration equipment.
285.59(5) (5)Department duties. The department shall do all of the following:
285.59(5)(a) (a) Promulgate rules for the administration of this section including establishing all of the following:
285.59(5)(a)1. 1. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks.
285.59(5)(a)2. 2. Fees to cover the cost of administering subs. (2), (3) and (4) (b).
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?