287.13(15)
(15) Fee and rate review. The tipping fee, rates and other charges and any revision in the tipping fee, rates and other charges established by a municipality for use of a facility for the recycling of solid waste or for the recovery of resources from solid waste which is required under this section are subject to review under
ch. 68.
287.13(16)
(16) Permits, license and approvals; report review and fees; proof of financial responsibility. 287.13(16)(a)(a) A municipality may not construct, operate, maintain, expand, modify or close any facility for the recycling of solid waste or for the recovery of resources from solid waste in violation of
chs. 281,
285 and
289 to
299 or without any license, permit or approval required by the department.
287.13(16)(b)
(b) The department shall review each comprehensive facility project description report submitted under
sub. (7) and may require a municipality to pay a fee to cover costs incurred by the department associated with this review.
287.13(16)(c)
(c) The department may require a municipality to maintain proof of financial responsibility to ensure the availability of funds necessary for closure costs associated with the closing of a facility for the recycling of solid waste or for the recovery of resources from solid waste, and to remedy, abate or prevent hazards to public health or the environment.
287.13(17)
(17) Incineration; recycling requirements. 287.13(17)(a)(a) In this subsection, "incinerator" means a device which maintains a controlled process by which solid waste is thermally altered into gases and residue containing little or no combustible material.
287.13(17)(b)
(b) A municipality which adopts a waste flow control ordinance may not operate an incinerator as one of the means of recycling solid waste unless the department certifies that the requirements of
par. (bg) are met.
287.13(17)(bg)
(bg) Solid waste of each type to be incinerated, as determined in the air permit under
s. 285.60, shall be recycled by means other than incineration to the extent of economic feasibility.
287.13(17)(e)
(e) This subsection applies to incinerators in operation on and after July 1, 1989.
287.13 History
History: 1983 a. 27,
192,
425; Stats. 1983 s. 144.794;
1985 a. 120;
1987 a. 27;
1989 a. 31;
1989 a. 56 ss.
177,
259;
1989 a. 335 ss.
57 to
57j,
59,
61 to
63; Stats. 1989 s. 159.13;
1991 a. 39;
1993 a. 112;
1995 a. 227 s.
896; Stats. 1995 s. 287.13.
287.15
287.15
Waste oil collection and recycling. 287.15(1)
(1)
Definitions. As used in this section, unless the content requires otherwise:
287.15(1)(a)
(a) "Automotive engine oil" means any oil to be used in the engine or crankcase of a motor vehicle.
287.15(1)(b)
(b) "Consumer" means a person who, for personal or family purposes, purchases or uses automotive engine oil or generates, collects, stores or transports engine waste oil in quantities of less than 200 gallons per year.
287.15(1)(c)
(c) "Engine waste oil" means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled.
287.15(1)(d)
(d) "Fuel oil" means any oil to be burned to produce heat.
287.15(1)(e)
(e) "Motor vehicle" means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile or vehicle which travels on or off roads or highways.
287.15(1)(f)
(f) "Reclaimed oil" means engine waste oil which is processed by settling, dehydration, filtration or mixing, or combinations of those procedures, which removes some of the harmful physical and chemical characteristics which are acquired through use.
287.15(1)(g)
(g) "Recycled oil" means re-refined oil or reclaimed oil.
287.15(1)(h)
(h) "Re-refined oil" means engine waste oil which is processed by high temperature distillation and chemical treatment or any other process which removes all harmful physical and chemical characteristics acquired through use.
287.15(1)(i)
(i) "Retail sales establishment" means a person who is engaged in the business of selling automotive engine oil to consumers.
287.15(1)(j)
(j) "Service establishment" means a person who is engaged in the business of servicing and removing automotive engine oil from motor vehicles for consumers.
287.15(1)(k)
(k) "Waste oil" means any oil after use or which is contaminated through storage or handling before that oil is recycled.
287.15(2)(a)(a)
Retail sales establishment. A retail sales establishment:
287.15(2)(a)1.
1. Shall maintain an engine waste oil collection facility for the temporary storage of engine waste oil returned by consumers and post at least one sign at the location of sale which contains wording similar to: "Engine waste oil collection facility. Please return your waste oil here."; or
287.15(2)(a)2.
2. Shall post at least one sign at the location of sale which contains wording similar to: "Engine waste oil can be recycled. Please return your waste oil to a waste oil storage facility. The nearest waste oil storage facility is located .... and is open ....". The sign shall describe the location and the days and hours of operation.
287.15(2)(b)
(b)
Approved waste oil collection facilities. The department shall establish by rule standards for the approval of certain types of facilities to be used for engine waste oil collection.
287.15(2)(c)
(c)
Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under
s. 289.05 (1) and need not be licensed as a solid waste disposal facility under
subch. III of ch. 289.
287.15(2)(d)
(d)
Compliance with solid and hazardous waste regulations. Except as provided under
par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to that facility.
287.15(3)(a)1.1. As used in this paragraph, "adequate engine waste oil storage facilities" means at least the minimum number of separate engine waste oil storage facilities each with a capacity of at least 250 gallons, approved by the department and accessible to the public. The department shall establish standards for the approval of certain types of facilities to be used for engine waste oil storage. These standards may allow the same facility to serve as an engine waste oil collection facility and an engine waste oil storage facility.
287.15(3)(a)2.
2. The minimum number of engine waste oil facilities for a city, village or town located in a county with a population of 50,000 or more is:
287.15(3)(a)2.b.
b. One if the population is at least 3,500 but less than 25,000.
287.15(3)(a)2.c.
c. Two if the population is at least 25,000 but less than 100,000.
287.15(3)(a)2.d.
d. Three if the population is at least 100,000, plus one for each additional 100,000 of population.
287.15(3)(a)3.
3. The minimum number of engine waste oil storage facilities for a county with a population under 50,000 is one.
287.15(3)(a)4.
4. A city, village or town located in a county with a population of 50,000 or more shall provide for adequate engine waste oil storage facilities if these facilities do not exist.
287.15(3)(a)5.
5. A county with a population of less than 50,000 shall provide for an adequate engine waste oil storage facility if a facility does not exist.
287.15(3)(b)
(b)
Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under
s. 289.05 (1) and need not be licensed as a solid waste disposal facility under
subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer.
287.15(3)(c)
(c)
Compliance with solid and hazardous waste regulations. Except as provided under
par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to that facility.
287.15(4)(a)1.1. The department shall exempt a consumer from the licensing and other requirements of
s. 291.23 and rules promulgated under
s. 291.05 (5) for the transportation of engine waste oil.
287.15(4)(a)2.
2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of
s. 291.23 and rules promulgated under
s. 291.05 (5) for the transportation of engine waste oil.
287.15(4)(b)
(b)
Compliance with solid and hazardous waste regulations. Except as provided under
par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil.
287.15(4)(c)
(c)
Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of
chs. 289 and
291 and rules promulgated under these chapters. When issuing the license under
s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under
s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil.
287.15(5)
(5) Waste oil recycling. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to that facility.
287.15(6)(a)(a)
Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel "RE-REFINED OIL" and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency.
287.15(6)(b)
(b)
Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel "RECLAIMED OIL" and unless the container complies with the labeling standards established by the federal trade commission and environmental protection agency.
287.15(7)
(7) State contracts; use of re-refined oil. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil.
287.15(8)
(8) Promotion of recycled oil. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment.
287.15 History
History: 1979 c. 221;
1981 c. 374 s.
148;
1987 a. 384;
1989 a. 335 s.
51; Stats. 1989 s. 159.15;
1995 a. 227 s.
897; Stats. 1995 s. 287.15.
287.18
287.18
Lead acid battery collection. 287.18(1)(b)
(b) "Consumer" means a person who uses a battery.
287.18(1)(c)
(c) "Retailer" means a person who sells batteries to consumers.
287.18(1m)(a)(a) The department shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface and type size. The notice shall include all of the following information:
287.18(1m)(a)1.
1. That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator.
287.18(1m)(a)3.
3. That state law requires retailers to accept used batteries in trade and in some other instances.
287.18(1m)(b)
(b) A retailer shall post the notice provided under
par. (a) in a place where it can be seen by consumers.
287.18(2)(a)(a) A retailer who sells a battery to a consumer and installs the battery shall accept the used battery unless the consumer refuses to relinquish the used battery.
287.18(2)(b)
(b) If the consumer refuses to relinquish the used battery under
par. (a), the retailer shall comply with
sub. (3).
287.18(3)(a)(a) If a retailer sells a battery to a consumer without installing the battery or if
sub. (2) (b) applies, the retailer shall do all of the following:
287.18(3)(a)3.
3. Subject to
par. (b), accept the consumer's used battery in trade for a new battery without charge or time limit, during normal business hours, at any business location owned or operated by the retailer.
287.18(3)(b)
(b) A retailer accepting a used battery in trade under
par. (a) 3. may require the consumer to provide proof that the consumer purchased a battery from the retailer.
287.18(4)(a)(a) Except as provided in
par. (b), if a person delivers to a retailer a used battery to which
sub. (3) (a) 3. does not apply, the retailer shall accept the used battery. A retailer may charge up to $3 for each battery delivered under this paragraph.
287.18(4)(b)
(b) A retailer is not required to accept more than 2 batteries delivered under this subsection by a person on one day.
287.18(5)
(5) Deposit. A retailer may charge a deposit of not more than $5 on the sale of a battery. The retailer shall refund the deposit if the consumer delivers the battery to the retailer under
sub. (3) (a) 3.
287.18 History
History: 1989 a. 335;
1991 a. 32;
1995 a. 227 s.
899; Stats. 1995 s. 287.18.
287.185
287.185
Disposal of mercuric oxide batteries. 287.185(1)(c)
(c) "Waste mercuric oxide battery" means a mercuric oxide battery that is no longer suitable for its original purpose due to use, wear, damage or defect.
287.185(2)
(2) Beginning on July 1, 1994, no person, except for a person operating a collection site identified under
s. 100.27 (5) (a), may treat, store or dispose of a waste mercuric oxide battery, other than a mercuric oxide button cell battery, except by sending it to a collection site identified under
s. 100.27 (5) (a).
287.185(3)
(3) A person operating a collection site identified under
s. 100.27 (5) (a) shall recycle or have recycled all collected waste mercuric oxide batteries unless no reasonable alternative exists.
287.185 History
History: 1993 a. 74;
1995 a. 227 s.
900; Stats. 1995 s. 287.185.
