299.01(6)
(6) "Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
299.01(7)
(7) "Industrial wastes" include liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.
299.01(8)
(8) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
299.01(9)
(9) "Other wastes" include all other substances, except industrial wastes and sewage, which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.
299.01(10)
(10) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
299.01(11)
(11) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments and public buildings, as defined in
s. 101.01 (12), with such surface water or groundwater as may be present.
299.01(12)
(12) "Sewerage system" means all structures, conduits and pipe lines by which sewage is collected and disposed of, except plumbing inside and in connection with buildings served, and service pipes from building to street main.
299.01 History
History: 1995 a. 227 s.
996.
299.05
299.05
Permit guarantee program. 299.05(1)
(1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license or approval that is issued under
ss. 30.10 to
30.205 or
30.21 to
30.27,
chs. 280 to
292 or
subch. II of ch. 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of license or approval. The rules under this subsection do not apply to an applicant for a license or other approval related to mining, as defined in
s. 293.01 (9), prospecting, as defined in
s. 293.01 (18), or nonmetallic mining, as defined in
s. 295.11 (3).
299.05(2)
(2) The department shall specify time limits for at least the following types of licenses and approvals in the rules under
sub. (1):
299.05 History
History: 1997 a. 27,
301.
299.07
299.07
License denial, nonrenewal and revocation based on tax delinquency. 299.07(1)(a)(a) Except as provided in
par. (am), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:
299.07(1)(am)1.1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in
par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development.
299.07(1)(am)2.
2. A license, registration or certification specified in
par. (a) that is issued in reliance on a statement submitted under
subd. 1. is invalid if the statement is false.
299.07(1)(b)
(b) The department may not disclose any information received under
par. (a) to any person except as follows:
299.07(1)(b)1.
1. To the department of revenue for the purpose of requesting certifications under
s. 73.0301.
299.07(1)(b)2.
2. If the department is required to obtain the information under
s. 299.08 (1) (a), to the department of workforce development in accordance with a memorandum of understanding under
s. 49.857.
299.07(2)
(2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in
sub. (1) (a), or shall revoke a license, registration or certification specified in
sub. (1) (a), if the department of revenue certifies under
s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.
299.07 History
History: 1997 a. 237;
1999 a. 9,
32.
299.08
299.08
License denial, nonrenewal, suspension or restriction based on failure to pay support. 299.08(1)(a)(a) Except as provided in
par. (am), the department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:
299.08(1)(am)1.1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in
par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development.
299.08(1)(am)2.
2. A license, registration or certification specified in
par. (a) that is issued in reliance on a statement submitted under
subd. 1. is invalid if the statement is false.
299.08(1)(b)
(b) The department may not disclose any information received under
par. (a) to any person except as follows:
299.08(1)(b)1.
1. To the department of workforce development in accordance with a memorandum of understanding under
s. 49.857.
299.08(1)(b)2.
2. If the department is required to obtain the information under
s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under
s. 73.0301.
299.08(2)
(2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in
sub. (1) (a), or shall suspend a license, registration or certification specified in
sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under
s. 49.857.
299.08 History
History: 1997 a. 191,
237;
1999 a. 9,
32.
299.11
299.11
Laboratory certification program. 299.11(1)
(1)
Definitions. As used in this section:
299.11(1)(a)
(a) "Accuracy" means the closeness of a measured value to its generally accepted value or its value based upon an accepted reference standard.
299.11(1)(b)
(b) "Certified laboratory" means a laboratory which performs tests for hire in connection with a covered program and which receives certification under
sub. (7) or receives recognition as a certified laboratory under
sub. (5).
299.11(1)(d)
(d) "Covered program" means test results submitted in connection with any of the following:
299.11(1)(d)1.
1. A feasibility report, plan of operation or the condition of any license issued for a solid waste facility under
subch. III of ch. 289, or hazardous waste facility under
s. 291.25 (2) and
(3).
299.11(1)(d)3.
3. Monitoring required by terms and conditions of a permit issued under
ch. 283.
299.11(1)(d)7.
7. The terms of department contracts when specifically required in the contracts.
299.11(1)(d)9.
9. A regulatory program specified by the department by rule if, after consultation with the council, the department finds that existing quality control programs do not provide consistent and reliable results and the best available remedy is to require that all laboratories performing the tests for that regulatory program be certified or registered.
299.11(1)(e)
(e) "Laboratory" means a facility which performs tests in connection with a covered program.
299.11(1)(f)
(f) "Precision" means the closeness of repeated measurements of the same parameter within a sample.
299.11(1)(g)
(g) "Registered laboratory" means a laboratory which is registered under
sub. (8) or receives recognition as a registered laboratory under
sub. (5).
299.11(1)(h)
(h) "Results" includes measurements, determinations and information obtained or derived from tests.
299.11(1)(i)
(i) "Test" means any chemical, bacteriological, biological, physical, radiation or microscopic test, examination or analysis conducted by a laboratory on water, wastewater, waste material, soil or hazardous substance.
299.11(1)(j)
(j) "Test category" means one type of test or group of tests specified by rule under
sub. (4) for similar materials or classes of materials or which utilize similar methods or related methods.
299.11(2)
(2) Coordination with department of agriculture, trade and consumer protection. 299.11(2)(a)(a) The department shall submit to the department of agriculture, trade and consumer protection and to the state laboratory of hygiene any rules proposed under this section that affect the laboratory certification program under
s. 93.12 (5), for review and comment. These rules may not take effect unless they are approved by the department of agriculture, trade and consumer protection within 6 months after submission.
299.11(2)(b)
(b) The department shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the responsibilities of each department in administering the laboratory certification programs under
s. 93.12 (5) and this section. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.
299.11(3)
(3) Certification standards review council. The council shall review the laboratory certification and registration program and shall make recommendations to the department concerning the specification of test categories, reference sample testing and standards for certification, registration, suspension and revocation and other aspects of the program.
299.11(4)
(4) Department may require certification or registration. 299.11(4)(a)(a)
Applicability. Except as provided in
subs. (5) and
(6), if results from a test in a specified test category in a covered program are required to be submitted to the department, the department may require by rule that the test be conducted by a laboratory which is certified or registered to conduct tests in that specified category. The department may require that tests be conducted by a certified laboratory if the requirements for registration do not meet the requirements of an applicable federal law.
299.11(4)(b)
(b)
Specification of test categories. After considering any recommendations by the council, the department may identify by rule specified test categories.
299.11(4)(c)
(c)
Delayed effective date. A rule identifying specified test categories for which tests are required to be conducted by a certified or registered laboratory may not take effect until at least 120 days after publication. The department may not require a person to resubmit results of tests which were not required to be conducted by a certified or registered laboratory at the time of the original submission merely because of that fact.
