299.55 (1) Records. Except as provided under sub. (2), records and other information furnished to or obtained by the department in the administration of ss. 144.50 and 159.15 287.15 and 299.53 are public records subject to s. 19.21.
(2) (a) Application. Any person subject to s. 144.50 or 159.15 287.15 or 299.53 may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of s. 144.50 or 159.15 287.15 or 299.53.
(d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of s. 144.50 or 159.15 287.15 or 299.53. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the applicant expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information.
227,646
Section 646
. 144.60 (title) and (1) of the statutes are repealed.
Note: This section repeals the “short title" of the hazardous waste management statutes. The repealed provision is as follows:
“144.60 (1) Title. Sections 144.60 to 144.74 shall be known and may be cited as the “Hazardous Waste Management Act"."
The use of short titles is an obsolete drafting style. A short title is entirely nonsubstantive and, therefore, adds nothing to the management statutes. Users of these statutes may continue to refer to them as the “hazardous waste management act" or by any other name that seems appropriate.
227,647
Section 647
. 144.60 (2) of the statutes is renumbered 291.001.
227,648
Section 648
. 144.60 (3) of the statutes is renumbered 291.35 and amended to read:
291.35 Rules on metallic mining wastes. The requirements of ss. 144.60 to 144.74 this chapter shall be subject to s. 144.435 289.05 (2).
227,649
Section 649
. 144.61 (intro.) and (1) of the statutes are renumbered 291.01 (intro.) and (1) and amended to read:
291.01 Definitions. (intro.) In ss. 144.60 to 144.74 this chapter:
(1) “Closing" has the meaning designated under s. 144.43 (1m) 289.01 (5).
227,650
Section 650
. 144.61 (2), (3) and (4) of the statutes are renumbered 291.01 (2), (3) and (5).
227,651
Section 651
. 144.61 (5) of the statutes is renumbered 291.01 (7) and amended to read:
291.01 (7) “Hazardous waste" or “waste" means any solid waste identified by the department as hazardous under s. 144.62 (2) 291.05 (1), (2) or (4).
227,652
Section 652
. 144.61 (5m) and (6) of the statutes are renumbered 291.01 (8) and (9).
227,653
Section 653
. 144.61 (7) of the statutes is renumbered 291.01 (10) and amended to read:
291.01 (10) “Long-term care" has the meaning designated under s. 144.43 (3) 289.01 (21).
227,654
Section 654
. 144.61 (8), (9), (9m), (10), (11), (12) and (13) of the statutes are renumbered 291.01 (11), (14), (17), (18), (19), (20) and (21), and 291.01 (19), as renumbered, is amended to read:
291.01 (19) “Termination" has the meaning designated under s. 144.43 (8) 289.01 (40).
227,655
Section 655
. 144.61 (14) of the statutes is renumbered 291.01 (22) and amended to read:
291.01 (22) “Treatment facility" means a facility at which hazardous waste is subjected to treatment and may include a facility where hazardous waste is generated. This term does not include a waste water treatment facility whose discharges are regulated under ch. 147
283 unless the facility is required to be permitted as a hazardous waste treatment facility under the resource conservation and recovery act.
227,656
Section 656
. 144.62 (title) of the statutes is repealed.
227,657
Section 657
. 144.62 (2) (a) of the statutes is renumbered 291.05 (1).
227,658
Section 658
. 144.62 (2) (b) of the statutes is renumbered 291.05 (2), and 291.05 (2) (b) and (c), as renumbered, are amended to read:
291.05 (2) (b) Except as provided under subd. 3. par. (c), the list of hazardous wastes shall be identical to the list promulgated by the U.S. environmental protection agency under s. 6921 (b) of the resource conservation and recovery act.
(c) The department may include or retain on the list of hazardous wastes any additional solid waste not included on the list promulgated by the U.S. environmental protection agency if the department determines that the additional solid waste has characteristics which identify it as a hazardous waste based on the criteria promulgated under par. (a) sub. (1) and if the department determines that the inclusion or retention is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which its determinations are based and shall include or retain the additional solid waste on the list of hazardous wastes by rule.
227,659
Section 659
. 144.62 (2) (c) of the statutes is renumbered 291.05 (4).