289.68(4m)(a)(a) Payments. The department may expend moneys appropriated under s. 20.370 (4) (dr) to pay costs associated with closure, long-term care requirements, and corrective action for a facility that has established proof of financial responsibility under s. 289.41 (3m) or (4), if the owner or operator of the facility has failed to comply with closure, long-term care, or corrective action requirements specified in any rule, order, plan of operation, or other plan approval and if any of the following applies:
289.68(4m)(a)1.1. The owner or operator’s failure to comply is due to bankruptcy, insolvency, or other inability to pay the costs.
289.68(4m)(a)2.2. The department determines that the failure to comply presents an imminent or substantial danger to human health or the environment.
289.68(4m)(b)(b) Transfer of funds; joint finance approval. The department may transfer money from the appropriation account under s. 20.370 (4) (dq) to the appropriation account under s. 20.370 (4) (dr) for the purposes specified under par. (a). The department shall notify the joint committee on finance of transfers that are intended to support payments for a facility under par. (a) that do not exceed $300,000. The department may not make any transfers that are intended to support payments for a facility under par. (a) that exceed $300,000 without approval from the joint committee on finance.
289.68(5)(5)Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (4) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
289.68(6)(6)Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (4) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
289.68(7)(7)Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.
289.68 HistoryHistory: 1995 a. 227 s. 590, 591; 2017 a. 59; 2023 a. 107.
subch. VIII of ch. 289SUBCHAPTER VIII
ENFORCEMENT; PENALTIES
289.91289.91Inspections. 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 management of any person who generates, transports, treats, stores or disposes of solid waste, at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules promulgated or licenses issued under this chapter. No person may refuse entry or access to any officer, employee or authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
289.91 HistoryHistory: 1979 c. 34; 1981 c. 374 s. 148; 1987 a. 384; 1993 a. 491; 1995 a. 227 s. 529; Stats. 1995 s. 289.91.
289.92289.92Review 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 the following manner:
289.92(1)(1)They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.
289.92(2)(2)Upon receipt of a petition under this section, the department may:
289.92(2)(a)(a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227. Within 60 days after the close of the hearing, the department shall either:
289.92(2)(a)1.1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227; or
289.92(2)(a)2.2. Dismiss the petition.
289.92(2)(b)(b) Initiate action under s. 289.97.
289.92(3)(3)If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.
289.92 HistoryHistory: 1981 c. 374; 1995 a. 227 s. 640; Stats. 1995 s. 289.92.
289.93289.93Orders. The department may issue orders to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.
289.93 HistoryHistory: 1995 a. 227 s. 524.
289.94289.94Imminent danger.
289.94(1)(1)Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:
289.94(1)(a)(a) Provide immediate notice of the danger to each affected municipality.
289.94(1)(b)(b) Promptly post notice of the danger at the site at which the danger exists, or order a person responsible for the danger to post such notice.
289.94(2)(2)Other actions. In addition to the actions under sub. (1), the department may do one or more of the following:
289.94(2)(a)(a) Issue any special order necessary to protect public health or the environment.