299.15 HistoryHistory: 1971 c. 125; 1973 c. 90; 1977 c. 29, 203, 377; 1979 c. 34 ss. 985n, 2102 (39) (a); 1979 c. 221 ss. 634, 2202 (39); Stats. 1979 s. 144.96; 1983 a. 27; 1985 a. 29; 1987 a. 27; 1991 a. 39, 269; 1993 a. 9, 16, 490; 1995 a. 227 s. 822; Stats. 1995 s. 299.15; 1997 a. 27; 1999 a. 9; 2009 a. 28; 2011 a. 207.
299.15 Cross-referenceCross-reference: See also chs. NR 101, 202, and 438, Wis. adm. code.
299.17299.17Website information. To the greatest extent possible, the department shall publish on the department’s Internet website the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.
299.17 HistoryHistory: 2011 a. 167; 2017 a. 365 s. 112.
299.21299.21Gifts and grants. The department may accept gifts and grants from any private or public source for any purpose relating to its environmental quality functions and may expend or use such gifts and grants for the purposes for which received.
299.21 HistoryHistory: 1991 a. 39 s. 2553; Stats. 1991 s. 144.965; 1995 a. 227 s. 823; Stats. 1995 s. 299.21.
299.23299.23Financial interest prohibited. The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.
299.23 HistoryHistory: 1979 c. 221 s. 621; Stats. 1979 s. 144.952; 1983 a. 410 s. 74; Stats. 1983 s. 144.97; 1995 a. 227 s. 825; Stats. 1995 s. 299.23.
299.31299.31Groundwater protection. The department shall comply with the requirements of ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
299.31 HistoryHistory: 1983 a. 410; 1995 a. 227 s. 819; Stats. 1995 s. 299.31.
299.33299.33Uniform transboundary pollution reciprocal access act.
299.33(1)(1)Definitions. In this section:
299.33(1)(a)(a) “Person” means an individual person, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
299.33(1)(b)(b) “Reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this section or provides substantially equivalent access to its courts and administrative agencies.
299.33(2)(2)Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.
299.33(3)(3)Right to relief. A person who suffers, or is threatened with, injury to his or her person or property in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.
299.33(4)(4)Applicable law. The law to be applied in an action or other proceeding brought pursuant to this section, including what constitutes “environmental pollution”, is the law of this jurisdiction excluding choice of law rules. Nothing in this section restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in this section determines whether state law or federal law applies in any particular legal action.
299.33(5)(5)Equality of rights. This section creates no substantive rights of action beyond those available under other law in this state and does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.
299.33(6)(6)Right additional to other rights. The right provided in this section is in addition to and not in derogation of any other rights, except that no action or proceeding for injury or threatened injury to property or person in another jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction unless the right to relief is provided under this section.
299.33(7)(7)Waiver of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this section only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.
299.33(8)(8)Exclusion. This section does not apply to any action or other proceeding for injury or threatened injury to property or person caused by a publicly owned treatment work operated under a permit for the discharge of pollutants issued by the department under s. 285.31.
299.33(9)(9)Uniformity of application and construction. This section shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this section among jurisdictions enacting it.
299.33(10)(10)Title. This section may be cited as the “uniform transboundary pollution reciprocal access act”.
299.33 HistoryHistory: 1985 a. 291; 1987 a. 403; 1993 a. 16; 1995 a. 227 s. 832; Stats. 1995 s. 299.33.
299.43299.43Collection and disposal of products containing 2,4,5-T and silvex.
299.43(1)(1)Authorization. The department is authorized to establish facilities for the collection and disposal of pesticide products prohibited from use under s. 94.707. The department may establish the location of these facilities and the dates and times when the facilities are open.
299.43(2)(2)Restrictions. The department shall restrict the persons who may use any facility established under sub. (1) so that:
299.43(2)(a)(a) No person who is regularly engaged in the business of manufacturing, selling, distributing or transporting pesticides may use the facility.
299.43(2)(b)(b) No person who is a certified commercial applicator or a certified nonresident commercial applicator under s. 94.705 may use the facility.