289.53 Commercial PCB waste storage and treatment facilities.
289.54 Disposal of certain dredged materials.
289.57 Disposal and treatment records.
289.59 Disposal and burning of low-level radioactive waste.
SUBCHAPTER VI
FEES; FUNDS
289.61 License and review fees.
289.63 Groundwater and well compensation fees.
289.64 Solid waste facility siting board fee.
289.67 Environmental repair fee and surcharge.
289.68 Payments from the waste management fund and related payments.
SUBCHAPTER VIII
ENFORCEMENT; PENALTIES
289.92 Review of alleged violations.
289.95 Enforcement procedures for older facilities.
289.97 Violations: enforcement.
Ch. 289 Cross-reference
Cross-reference: See also NR ch.
500- and
NR ch.
700-, Wis. adm. code.
DEFINITIONS
289.01
289.01
Definitions. In this chapter, unless the context requires otherwise:
289.01(1)(a)
(a) A town, city, village or county in which all or a portion of a solid waste disposal facility or a hazardous waste facility is or is proposed to be located; and
289.01(1)(b)
(b) A town, city, village or county whose boundary is within 1,500 feet of that portion of the facility designated by the applicant for the disposal of solid waste or the treatment, storage or disposal of hazardous waste in the feasibility report under s.
289.23, excluding buffers and similar areas.
289.01(2)
(2) “Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
289.01(3)
(3) “Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s.
289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s.
289.30.
289.01(4)
(4) “Approved mining facility" means an approved facility which is part of a mining site, as defined under s.
293.01 (12), used for the disposal of waste resulting from mining, as defined under s.
293.01 (9), or prospecting, as defined under s.
293.01 (18).
289.01(5)
(5) “Closing" means the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses.
289.01(7)
(7) “Department" means the department of natural resources.
289.01(8)
(8) “Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
289.01(8m)
(8m) “Feedstock” means raw material that is used in a machine or industrial process.
289.01(9)
(9) “Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
289.01(9m)
(9m) “Gasification facility” means a facility that processes nonrecycled feedstock by heating and converting the feedstock only into a fuel-gas mixture in an oxygen-deficient, noncombustible atmosphere and converting the mixture only into fuel, including ethanol and transportation fuel, chemicals, or other chemical feedstock.
289.01(10)
(10) “Hazardous constituent" means any constituent designated by the department under s.
291.05 (4).
289.01(11)
(11) “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.
289.01(12)
(12) “Hazardous waste" means any solid waste identified by the department as hazardous under s.
291.05 (2).
289.01(13)
(13) “Hazardous waste disposal" has the meaning specified for disposal under s.
291.01 (3).
289.01(16)
(16) “Hazardous waste treatment" has the meaning specified for treatment under s.
291.01 (21).
289.01(17)
(17) “High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste.
289.01(18)
(18) “Informational hearing" means a hearing conducted under s.
227.18.
289.01(20)
(20) “Landfill" means a solid waste facility for solid waste disposal.
289.01(21)
(21) “Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
289.01(22)
(22) “Municipal waste landfill" means a solid waste disposal facility that is not one of the following:
289.01(22)(a)
(a) A solid waste disposal facility designed exclusively for the disposal of waste generated by a pulp mill, paper mill, foundry, prospecting or mining operation, electric or process steam generating facility or demolition activity.
289.01(23)
(23) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
289.01(24)
(24) “Nonapproved facility" means a licensed solid or hazardous waste disposal facility which is not an approved facility.
289.01(24g)(a)(a) “Nonrecycled feedstock” means one or more of the following materials, derived from nonrecycled waste, that has been processed so that it may be used as feedstock in a gasification facility:
289.01(24g)(a)2.
2. Municipal solid waste that contains post-use plastics and that is processed into a fuel that would be considered a legitimate fuel under
40 CFR 241.3 (c).
289.01(24g)(a)3.
3. Other post-industrial waste that contains post-use plastics and that may contain incidental contaminants or impurities.
289.01(24g)(b)
(b) “Nonrecycled feedstock” does not include coal refuse, scrap tires, or resinated wood.
289.01(27)
(27) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
289.01(27g)
(27g) “Post-use plastics” means plastics derived from any source that are not being used for their originally intended purpose and that might otherwise become solid waste if not processed at a pyrolysis or gasification facility or recycled. “Post-use plastics” includes plastics that may contain incidental contaminants or impurities such as paper labels or metal rings.
289.01 Note
NOTE: Sub. (27g) was created as sub. (24m) by
2017 Wis. Act 284 and renumbered to sub. (27g) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
289.01(27m)
(27m) “Pyrolysis facility” means a facility at which post-use plastics are heated, in an oxygen-free environment, until melted and thermally decomposed, then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock; waxes or lubricants; or other similar raw materials or intermediate or final products.
289.01(28)
(28) “Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
289.01(30)
(30) “Resource conservation and recovery act" means the federal resource conservation and recovery act,
42 USC 6901 to
6991i, as amended on November 8, 1984.
289.01(31)
(31) “Secretary" means the secretary of natural resources.
289.01(31m)
(31m) “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.
289.01(33)
(33) “Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities. “Solid waste” does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch.
283, slag generated by the production or processing of iron or steel and that is managed as an item of value in a controlled manner and is not discarded, source material, as defined in s.
254.31 (10), special nuclear material, as defined in s.
254.31 (11), or by-product material, as defined in s.
254.31 (1). “Solid waste” does not include post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility; that are held at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, to ensure that production is not interrupted; or that are held off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.
289.01 Note
NOTE: Sub. (33) is shown as affected by
2017 Wis. Acts 284 and
285 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
289.01(34)
(34) “Solid waste disposal" means the discharge, deposit, injection, dumping or placing of any solid waste into or on any land or water. This term does not include the transportation, storage or treatment of solid waste.
289.01(35)
(35) “Solid waste facility" means a facility for solid waste treatment, solid waste storage, or solid waste disposal, and includes commercial, industrial, municipal, state, and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services, and processing, treatment, and recovery facilities. “Solid waste facility” includes the land where the facility is located. “Solid waste facility” does not include a facility for the processing of scrap iron, steel, or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. “Solid waste facility” does not include a facility which uses large machines to sort, grade, compact, or bale clean wastepaper, fibers, or plastics, not mixed with other solid waste, for sale or use for recycling purposes. “Solid waste facility” does not include an auto junk yard or scrap metal salvage yard. “Solid waste facility” does not include a pyrolysis facility or a gasification facility.
289.01(36)
(36) “Solid waste management" means planning, organizing, financing, and implementing programs to effect the reduction, storage, collection, transporting, processing, reuse, recycling, composting, energy recovery from or final disposal of solid wastes in a sanitary, nuisance-free manner.
289.01(37)
(37) “Solid waste management plan" means a plan prepared to provide for solid waste management.
289.01(38)
(38) “Solid waste storage" means the holding of solid waste for a temporary period, at the end of which period the solid waste is to be treated or disposed. “Solid waste storage” does not include the holding of post-use plastics or nonrecycled feedstock at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, to ensure that production is not interrupted, or the holding of post-use plastics or nonrecycled feedstock off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.
289.01(39)
(39) “Solid waste treatment" means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. “Treatment" includes incineration. “Solid waste treatment” does not include the treatment of post-use plastics or nonrecycled feedstock at a pyrolysis or gasification facility.
289.01(40)
(40) “Termination" means the final actions taken by an owner or operator of a solid or hazardous waste facility when formal responsibilities for long-term care cease.
289.01(41)
(41) “Waste site" means any site, other than an approved facility, an approved mining facility or a nonapproved facility, where waste is disposed of regardless of when disposal occurred or where a hazardous substance is discharged before May 21, 1978.
289.01(44)
(44) “Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.
289.01 History
History: 1979 c. 34 ss.
978k,
984rd;
1981 c. 374 ss.
20 to
27,
148;
1983 a. 425,
426;
1987 a. 384;
1989 a. 335;
1995 a. 227 s.
514 to
520,
541,
576,
585; Stats. 1995 s. 289.01;
1997 a. 241;
1999 a. 9;
2017 a. 284,
285; s. 13.92 (1) (bm) 2. and (2) (i).
289.01 Annotation
A violation of rules promulgated under ss. 144.43 and 144.44 [now this chapter] does not give rise to a private right of action. Fortier v. Flambeau Plastics Co.,
164 Wis. 2d 639,
476 N.W.2d 593 (Ct. App. 1991).
289.01 Annotation
Under sub. (33), “`solid waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials . . ." Cigarette butts manifestly constitute “other discarded . . . materials." State v. Iverson,
2015 WI 101,
365 Wis. 2d 302,
871 N.W.2d 661,
14-0515.
