Chapter 289, SOLID WASTE FACILITIES

289.01 Definitions. In this chapter, unless the context requires otherwise: (1) “Affected municipality” means: (a) A town, city, village or county in which all or a portion of a solid waste disposal facility or a hazardous waste facility is or is proposed to be located; and (b) A…

289.05 Solid waste management standards. (1) The department shall promulgate rules establishing minimum standards for the location, design, construction, sanitation, operation, monitoring and maintenance of solid waste facilities. Following a public hearing, the department shall …

289.06 Department duties. The department shall: (1) Promulgate rules implementing and consistent with this chapter and ss. 292.31 and 292.35. (2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and ss. 292.31 and 292.35. (3) …

289.07 Department powers. The department may: (1) Hold hearings relating to any aspect of the administration of this chapter and ss. 292.31 and 292.35 and, in connection therewith, compel the attendance of witnesses and the production of evidence. (2) Secure necessary scientific,…

289.08 Duties of metallic mining council. (1) The metallic mining council shall advise the department on the implementation of ss. 289.05, 289.21 to 289.32, 289.34, 289.42, 289.43, 289.46, 289.47, 289.62 to 289.64, 289.67, 289.68 and 292.31 and chs. 291 and 293 as those sections …

289.09 Confidentiality of records. (1) RECORDS. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of this chapter and ss. 287.27 and 299.15 are public records subject to s. 19.21. (2) CONFIDENTIAL …

289.10 County solid waste management plans. (1) Each county board individually or jointly with another county board may prepare and adopt a county solid waste management plan consistent with state criteria. (2) All county plans shall be submitted to the department for review. Wit…

289.11 Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the development and administration of programs related to solid waste facilities if first submitted to and approved by the departmen…

289.12 Landfill official liability. (1) DEFINITION. As used in this section, “landfill official” means any officer, official, agent or employee of the state, a political corporation, governmental subdivision or public agency engaged in the planning, management, operation or appro…

289.21 Initial site report. (1) INITIAL SITE REPORT REQUIRED. Prior to constructing a landfill, the person who seeks to construct the facility shall submit to the department an initial site report. The department shall specify by rule the minimum contents of an initial site repor…

289.22 Local approval. (1) DEFINITION. In this section, “local approval” has the meaning specified under s. 289.33 (3) (d). (1m) APPLICATION FOR LOCAL APPROVALS REQUIRED. Prior to constructing a solid waste disposal facility or hazardous waste facility, the applicant shall submit…

289.23 Feasibility report required; distribution; public notice. (1) FEASIBILITY REPORT REQUIRED. Prior to constructing a solid waste disposal facility or a hazardous waste facility the person who seeks to construct the facility shall submit to the department a feasibility report…

289.24 Feasibility report contents; completeness; distribution. (1) CONTENTS OF FEASIBILITY REPORTS; PREPARATION. The department shall specify by rule the minimum contents of a feasibility report and no report is complete unless the specified information is provided by the applic…

289.25 Environmental review. 289.25(1)(1) Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environment…

289.26 Informational hearing. (1) REQUEST FOR AN INFORMATIONAL HEARING. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25 (3) is published for a hazardous waste facility, any co…

289.27 Contested case hearing. (1) REQUEST FOR TREATMENT AS A CONTESTED CASE. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25 (3) is published for a hazardous waste facility, …

289.28 Determination of need. (1) DETERMINATION OF NEED; ISSUES CONSIDERED. A feasibility report shall contain an evaluation to justify the need for the proposed facility unless the facility is exempt under sub. (2). The department shall consider the following issues in evaluatin…

289.29 Determination of feasibility. (1) CRITERIA FOR DETERMINATION OF FEASIBILITY; ENVIRONMENTAL IMPACT. (a) A determination of feasibility shall be based only on this chapter and ch. 291 and rules promulgated under those chapters. A determination of feasibility for a facility f…

289.30 Plan of operation. (1) PLAN OF OPERATION REQUIRED. Prior to constructing a solid waste disposal facility or a hazardous waste facility, the applicant shall submit to the department a plan of operation for the facility. (2) FEASIBILITY REPORT PREREQUISITE. No person may sub…

289.31 Operating license. (1) LICENSE REQUIREMENT. No person may operate a solid waste facility or hazardous waste facility unless the person obtains an operating license from the department. The department shall issue an operating license with a duration of one year or more exce…

289.32 Distribution of documents. One copy of the notice or documents required to be distributed under ss. 289.21 to 289.31 shall be mailed to: (1) The clerk of each affected municipality. (2) The main public library in each affected municipality. (3) The applicant if the notice …

289.33 Solid and hazardous waste facilities; negotiation and arbitration. (1) LEGISLATIVE FINDINGS. (a) The legislature finds that the creation of solid and hazardous waste is an unavoidable result of the needs and demands of a modern society. (b) The legislature further finds th…

289.34 Noncompliance with plans or orders. (1) In this section, “applicant” means any natural person, partnership, association or body politic or corporate that seeks to construct a solid waste disposal facility or hazardous waste facility under ss. 289.21 to 289.32. (2) The depa…

289.35 Shoreland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30, and 281.31, except that the department may issue permi…

289.36 Acquisition of property by condemnation. (1) DEFINITION. In this section, “property” includes any interest in land including an estate, easement, covenant or lien, any restriction or limitation on the use of land other than those imposed by exercise of the police power, an…

289.41 Financial responsibility. (1) DEFINITIONS. As used in this section: (am) “Capital expenditures” means any increase in the fixed assets made during a company’s fiscal year. (b) “Company” means one of the following: 1. Any business operated for profit and any public utility …

289.42 Operation of facilities. (1) (a) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste disposal facilities. The department shall do all of the following: 1. Identify those person…

289.43 Waivers; exemptions. (1) DEFINITION. In this section, “recycling” means the process by which solid waste is returned to productive use as material or energy, but does not include the collection of solid waste. (2) WAIVER; EMERGENCY CONDITION. The department may waive compl…

289.44 Exemption for certain alcohol fuel production systems. (1) DEFINITIONS. As used in this section: (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 sys…

289.445 Exemption for certain fruit and vegetable washing facilities. (1) DEFINITIONS. As used in this section: (b) “Washing station” has the meaning given in s. 283.62 (1) (b). (c) “Wash water” has the meaning given in s. 283.62 (1) (c). (d) “Wash water storage facility” has the…

289.45 Solid waste storage. No person may store or cause the storage of solid waste in a manner which causes environmental pollution. History: 1981 c. 374.; 1995 a. 227 s. 539; Stats. 1995 s. 289.45.

289.46 Transference of responsibility. (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 facili…

289.47 Closure notice. At least 120 days prior to the closing of a solid waste disposal facility or at least 180 days prior to the closing of a hazardous waste facility, the owner or operator shall notify the department in writing of the intent to close the facility. History: 199…

289.51 Solid waste open burning standards. (1) As used in this section: (a) “Air curtain destructor” means a solid waste disposal operation that combines a fixed wall open pit and a mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless co…

289.53 Commercial PCB waste storage and treatment facilities. (1) DEFINITIONS. In this section: (a) “Commercial” means providing services to persons other than the owner or operator. (b) “PCBs” has the meaning specified under s. 299.45 (1). (c) “PCB waste” means any product conta…

289.54 Disposal of certain dredged materials. (1) In this section, “PCBs” has the meaning given in s. 299.45 (1) (a). (2) The department may not approve a request by the operator of a solid waste disposal facility to accept dredged materials that contain PCBs or heavy metals for …

289.55 Tire dumps. (1) DEFINITIONS. In this section: (a) “Nuisance” means an unreasonable danger to public health, safety or welfare or the environment. (am) “Recovery activity” means a project designed to reduce the number or volume of waste tires, to recycle waste tires or to r…

289.57 Disposal and treatment records. 289.57(1)(1) Submission of information. The owner or operator of each solid waste treatment facility at which solid waste is converted into fuel or burned and of each solid waste disposal facility shall annually submit to the department a re…

289.59 Disposal and burning of low-level radioactive waste. (1) DEFINITION. In this section, “low-level radioactive waste” has the meaning given in s. 16.11 (2) (m). (2) PROHIBITIONS. (a) No person may dispose of low-level radioactive waste that is determined by the federal nucle…

289.61 License and review fees. (1) The department shall adopt by rule a graduated schedule of reasonable license and review fees to be charged for solid waste license and review activities. (2) Solid waste license and review activities consist of reviewing feasibility reports, p…

289.62 Tonnage fees. (1) IMPOSITION OF TONNAGE FEE ON NONAPPROVED FACILITIES; EXCEPTION; USE. (a) Imposition of tonnage fee. Except as provided under par. (b), the owner or operator of a nonapproved facility shall pay periodically to the department a tonnage fee for each ton or e…

289.63 Groundwater and well compensation fees. (1) IMPOSITION OF GROUNDWATER AND WELL COMPENSATION FEES ON GENERATORS. Except as provided under sub. (6) and s. 289.675 (1), a generator of solid or hazardous waste shall pay separate groundwater and well compensation fees for each …

289.64 Solid waste facility siting board fee. 289.64(1)(1) Imposition of solid waste facility siting board fee on generators. Except as provided under sub. (4) and s. 289.675 (1), a generator of solid waste or hazardous waste shall pay a solid waste facility siting board fee for …

289.645 Recycling fee. (1) IMPOSITION OF RECYCLING FEE ON GENERATORS. Except as provided under sub. (4) and s. 289.675 (1), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed…

289.67 Environmental repair fee and surcharge. (1) ENVIRONMENTAL REPAIR FEE FOR GENERATORS. (a) Imposition of fee. Except as provided under pars. (f) to (fm) and s. 289.675 (1), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivale…

289.675 Waiver of fees. (1) Except as provided in sub. (2), if the department requests a person to participate in waste removal activities to mitigate potential environmental impacts and related liability and the department determines that granting a waiver from the fees under ss…

289.68 Payments from the waste management fund and related payments. (1) PAYMENTS FROM THE WASTE MANAGEMENT FUND. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The…

289.91 Inspections. Any officer, employee or authorized representative of the department may enter and inspect any property, premises or place on or at which a solid waste facility is located or is being constructed or installed, or inspect any record relating to solid waste mana…

289.92 Review of alleged violations. Any 6 or more citizens or any municipality may petition for a review of an alleged violation of this chapter or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under this chapter in th…

289.93 Orders. The department may issue orders to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings. History: 1995 a. 227 s. 524.