299.11(7)(b)1.1. `Accepted methodology.' The department shall prescribe by rule the accepted methodology to be followed in conducting tests in each test category. The department may prescribe by rule accepted sampling protocols and documentation procedures for a specified test category to be followed by the person collecting the samples. The department may prescribe this methodology by reference to standards established by technical societies and organizations as authorized under
s. 227.21 (2). The department shall attempt to prescribe this methodology so that it is consistent with any methodology requirements under the resource conservation and recovery act, as defined under
s. 289.01 (30), the federal water pollution control act, as amended,
33 USC 1251 to
1376, the safe drinking water act,
42 USC 300f to
300j-10, or the toxic substance control act,
15 USC 2601 to
2629.
299.11(7)(b)2.
2. `Revised methodology'. The department may permit the use of a revised methodology consistent with new or revised editions or standards established by technical societies and organizations on a case-by-case basis.
299.11(7)(b)3.a.a. The department may permit the use of an alternative methodology on a case-by-case basis if the laboratory seeking to use that methodology submits data establishing the accuracy and precision of the alternative methodology and if the accuracy and precision obtained through the use of the alternative methodology equals or exceeds that obtained through use of the accepted methodology. The department shall establish by rule the data which is required to be submitted and the criteria for evaluating accuracy and precision of alternative methods.
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
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)(dm)1.1. "Pollution prevention" means an action that does any of the following:
299.13(1)(dm)1.c.
c. Changes the nature of waste being created in a way that reduces the hazards to public health or the environment posed by the waste.
299.13(1)(dm)2.
2. "Pollution prevention" does not include incineration, recycling or treatment of a waste, changes in the manner of disposal of a waste or any practice that changes the characteristics or volume of a waste if the practice is not part of the process that produces a product or provides a service.
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 pollution prevention. In carrying out the duties under this section and
ss. 36.25 (30) and
560.19, the department, the department of commerce and the center shall promote all of the following techniques for 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 employee of the department to serve as 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 center, considering volume and toxicity of hazardous substances, toxic pollutants and hazardous waste produced, lack of compliance with environmental standards, potential for 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 pollution prevention efforts with those of other governmental agencies and private groups.
299.13(2)(a)4.
4. Provide training concerning pollution prevention to employees of the department.
299.13(2)(b)
(b) Identify all department requirements for reporting on 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 pollution prevention to 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 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. In fiscal year 1999-2000, the department may not charge total fees under
par. (am) that exceed $7,450,000.
299.15(3)(cm)2.
2. In any fiscal year after fiscal year 1999-2000, the department may not charge total fees under
par. (am) that exceed $7,925,000.
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(3)(e)
(e) In the rules under
par. (am) 3. for fees required to be paid in fiscal years beginning with fiscal year 2000-01, the department shall do all of the following:
299.15(3)(e)1.
1. Use the fees paid by a person in fiscal year 1999-2000 as the basis for the person's fees.
299.15(3)(e)2.
2. Determine the fee for each person based on the number of units of pollutants discharged by the person, using a 5-year rolling average.
299.15(3)(e)3.
3. Use a performance-based approach that increases a person's fees in proportion to increases in the number of units of pollutants discharged by the person, as determined under
subd. 2., and decreases a person's fees in proportion to decreases in the number of units of pollutants discharged by the person, as determined under
subd. 2.
299.15(3)(e)4.
4. Omit any multiplier or similar mechanism that would increase a person's fees in order to compensate for decreases in overall amounts of discharges.
299.15(3)(e)5.
5. Omit any provision that would increase the fee per unit of pollutant discharged in order to compensate for decreases in overall amounts of discharges.
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.
