291.001   Declaration of policy.
291.01   Definitions.
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.
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.
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-reference Cross-reference: See also chs. NR 660, 661, 662, 663, 664, 665, 666, 667, 668, 670, 673 and 679, Wis. adm. code.
subch. I of ch. 291 SUBCHAPTER I
291.001 291.001 Declaration 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 History History: 1995 a. 227 s. 647.
291.001 Annotation The right to a decent burial: Hazardous waste and its regulation in Wisconsin. Harrington, 66 MLR 223 (1983).
291.001 Annotation Changes in the ownership of hazardous waste disposal sites: Original and successor liability. Kelly. 67 MLR 691. (1984).
subch. II of ch. 291 SUBCHAPTER II
291.01 291.01 Definitions. 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.
291.01(4) (4)“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.
291.01(5) (5)“Generation" means the act or process of producing hazardous waste but does not include any manufacturing process.
291.01(7) (7)“Hazardous waste" or “waste" means any solid waste identified by the department as hazardous under s. 291.05 (1), (2) or (4).
291.01(8) (8)“Hazardous waste facility" means a site or structure for the treatment, storage or disposal of hazardous waste and includes all of the contiguous property under common ownership or control surrounding the site or structure.
291.01(9) (9)“Hazardous waste management" means the systematic source reduction, collection, source separation, storage, transportation, exchange, processing, treatment, recovery and disposal of hazardous wastes.
291.01(10) (10)“Long-term care" has the meaning designated under s. 289.01 (21).
291.01(11) (11)“Manifest" means a form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport.
291.01(12) (12)“Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
291.01(14) (14)“Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency, department or instrumentality.
291.01(16) (16)“Solid waste" has the meaning given under s. 289.01 (33).
291.01(17) (17)“Resource conservation and recovery act" means the federal resource conservation and recovery act, 42 USC 6901 to 6991i, as amended on November 8, 1984.
291.01(18) (18)“Storage" means the containment of hazardous waste for a temporary period in a manner that does not constitute disposal.
291.01(19) (19)“Termination" has the meaning designated under s. 289.01 (40).
291.01(20) (20)“Transport" means the movement of hazardous wastes by air, rail, highway, water or other means, except for the movement of hazardous waste within the site at which the hazardous waste is generated or within a facility that is licensed under this subchapter.
291.01(21) (21)“Treatment" means any method, technique or process, including neutralization, which follows generation and which is designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the hazardous waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. “Treatment" includes incineration.
2019-20 Wisconsin Statutes updated through 2021 Wis. Act 24 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 15, 2021. Published and certified under s. 35.18. Changes effective after April 15, 2021, are designated by NOTES. (Published 4-15-21)