CHAPTER 291
HAZARDOUS WASTE MANAGEMENT
SUBCHAPTER I
DECLARATION OF POLICY
291.001   Declaration of policy.
SUBCHAPTER II
DEFINITIONS
291.01   Definitions.
SUBCHAPTER III
ADMINISTRATION
291.05   Required rules.
291.07   Authorized rules.
291.09   Department duties.
291.11   Department powers.
291.13   Capacity assurance plan revision and review.
291.15   Confidentiality of records.
SUBCHAPTER IV
HAZARDOUS WASTE; GENERAL REGULATION
291.21   Generation.
291.23   Licenses; transportation.
291.25   Licenses; treatment, storage or disposal.
291.27   Environmental impact statement.
291.29   Closure and long-term care plan for unlicensed facilities.
291.31   Variance.
291.33   Tonnage fees.
291.35   Rules on metallic mining wastes.
291.37   Corrective action.
SUBCHAPTER V
ENFORCEMENT; PENALTIES
291.85   Imminent danger.
291.87   License actions; hearing; public comment.
291.89   Review of alleged violations.
291.91   Inspections and right of entry.
291.93   Orders.
291.95   Enforcement.
291.97   Violations and penalties.
Ch. 291 Cross-referenceCross-reference: See also chs. NR 660, 661, 662, 663, 664, 665, 666, 667, 668, 670, 673 and 679, Wis. adm. code.
DECLARATION OF POLICY
291.001291.001Declaration of policy. The legislature finds that hazardous wastes, when mismanaged, pose a substantial danger to the environment and public health and safety. To ensure that hazardous wastes are properly managed within this state, the legislature declares that a state-administered regulatory program is needed which:
291.001(1)(1)Relies upon private industry or local units of government to provide hazardous waste management services.
291.001(2)(2)Requires the transportation, storage, treatment and disposal of hazardous wastes to be performed only by licensed operators.
291.001(3)(3)Requires generators of hazardous waste to utilize operators licensed to transport, treat, store or dispose of hazardous wastes.
291.001(4)(4)Does not interfere with, control or regulate the manufacturing processes which generate hazardous wastes.
291.001(5)(5)Ensures the maintenance of adequate records on, and the reporting of, the disposition of all hazardous wastes either generated in or entering this state.
291.001(6)(6)Encourages to the extent feasible, the reuse, recycling or reduction of hazardous wastes.
291.001(7)(7)Provides adequate care and protection of disposal facilities after the facilities cease to accept hazardous wastes.
291.001(8)(8)Provides members of the public and units of local government an opportunity to review and comment upon the construction, operation and long-term care of hazardous waste management facilities.
291.001(9)(9)Meets the minimum requirements of the resource conservation and recovery act.
291.001 HistoryHistory: 1995 a. 227 s. 647.
291.001 AnnotationThe right to a decent burial: Hazardous waste and its regulation in Wisconsin. Harrington, 66 MLR 223 (1983).
291.001 AnnotationChanges in the ownership of hazardous waste disposal sites: Original and successor liability. Kelly. 67 MLR 691. (1984).
DEFINITIONS
291.01291.01Definitions. In this chapter:
291.01(1)(1)“Closing” has the meaning designated under s. 289.01 (5).
291.01(2)(2)“Department” means the department of natural resources.
291.01(3)(3)“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which may permit the hazardous waste or any hazardous constituent to be emitted into the air, to be discharged into any waters of the state or otherwise to enter the environment. “Disposal” does not include the generation, transportation, storage or treatment of hazardous waste.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24)