289.43(9)
(9) Exemption from regulation; animal carcasses. The department may not regulate under
chs. 281,
285 or
289 to
299 any animal carcass buried or disposed of, in accordance with
ss. 95.35 and
95.50, on the property owned or operated by the owner of the carcass, if the owner is a farmer, as defined under
s. 102.04 (3).
289.43 Cross-reference
Cross-reference: See also ch.
NR 538, Wis. adm. code.
289.43 Annotation
Exemption from regulation under s. 144.44 (7) (g) (now s. 289.43 (8)) preempts municipal regulation. DeRosso Landfill Co. v. City of Oak Creek,
200 Wis. 2d 642,
547 N.W.2d 770 (1996),
94-0440.
289.44
289.44
Exemption for certain alcohol fuel production systems. 289.44(1)(1)
Definitions. As used in this section:
289.44(1)(a)
(a) "Distillate waste product" means solid, semisolid or liquid by-products or wastes from the distillation or functionally equivalent process of an alcohol fuel production system.
289.44(1)(b)
(b) "Environmentally sound storage facility" means a facility, including a holding lagoon, which is used to store distillate waste products so that no waste products from the facility enter or leach into the waters of the state.
289.44(1)(c)
(c) "Private alcohol fuel production system" means an alcohol fuel production system from which no alcohol is sold and from which all the alcohol is used as a fuel by the owner.
289.44(2)
(2) Exemption. No permit, license or plan approval is required under this chapter for the owner of a private alcohol fuel production system to establish, construct or operate a system for the treatment, storage or disposal of distillate waste products if the distillate waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe land spreading technique and the storage, treatment or disposal is confined to the property of the owner.
289.44 History
History: 1979 c. 221;
1995 a. 227 s.
537.
289.445
289.445
Exemption for certain fruit and vegetable washing facilities. 289.445(1)(1)
Definitions. As used in this section:
289.445(2)
(2) Exemption. No permit, license or, except as provided in
par. (d), plan approval is required under this chapter for the owner of a washing station to establish, construct or operate a solid waste facility for the treatment, storage or disposal of wash water or to compost or land spread plant parts separated from wash water if all of the following requirements are met:
289.445(2)(a)
(a) The washing station is not adjacent to or operated as part of a food processing plant, as defined in
s. 97.29 (1) (h).
289.445(2)(b)
(b) All wash water is either stored in a sealed wash water storage facility or is dispersed on land owned or leased by the owner of the washing station in a manner which avoids ponding, runoff or nuisance conditions and in accordance with acceptable agricultural practices or acceptable practices for the land spreading of waste.
289.445(2)(c)
(c) All plant parts that are separated from wash water are either composted or stored in a plant parts storage facility and disposed of using an environmentally safe land spreading technique. The treatment, storage, disposal or composting under this paragraph must be confined to property owned or leased by the owner of the washing station.
289.445(2)(d)
(d) For a washing station that anticipates operating at least 100 days per year or that operated at least 100 days during the immediately preceding year, do all of the following:
289.445(2)(d)1.
1. Register annually with the department as a washing station.
289.445(2)(d)2.
2. Submit annually an operating plan that implements best management practices and that is approved by the department.
289.445(2)(d)3.
3. Operate only in accordance with the approved operating plan.
289.445 History
History: 1995 a. 99;
1995 a. 227 s.
538; Stats. 1995 s. 289.445.
289.45
289.45
Solid waste storage. No person may store or cause the storage of solid waste in a manner which causes environmental pollution.
289.45 History
History: 1981 c. 374.;
1995 a. 227 s.
539; Stats. 1995 s. 289.45.
289.46
289.46
Transference of responsibility. 289.46(1)
(1) Any person acquiring rights of ownership, possession or operation in a licensed solid or hazardous waste facility at any time after the facility begins to accept waste is subject to all requirements of the license approved for the facility including any requirements relating to long-term care of the facility and is subject to any negotiated agreement or arbitration award related to the facility under
s. 289.33. Upon acquisition of the rights, the department shall issue a new operating license if the previous licensee is no longer connected with the operation of the facility, if the new licensee meets all requirements specified in the previous license, the approved plan of operation, if any, and the rules promulgated under
s. 291.05 or
291.07, if applicable.