289.43(8)(b)(b) If the department, after a review under par. (a), finds that regulation under this chapter is not warranted in light of the potential hazard to public health or the environment, the department shall either: 289.43(8)(b)1.1. Promulgate a rule specifying types of solid waste that need not be disposed of at a licensed solid waste disposal facility. 289.43(8)(b)2.2. On a case-by-case basis, exempt from regulation under this chapter specified types of solid waste facilities. 289.43(8)(b)3.3. Authorize an individual generator to dispose of a specified type of solid waste at a site other than a licensed solid waste disposal facility. 289.43(8)(b)4.4. Authorize use of the solid waste in public works projects. 289.43(8)(c)(c) The department may require periodic testing of solid wastes and impose other conditions on exemptions granted under par. (b). 289.43(8)(d)1.1. The department may not regulate under s. 289.30 or 289.31 any facility for the disposal of material dredged by a municipality or county or a contractor for a municipality or county from Lake Michigan, Lake Superior, or bays or harbors adjacent to Lake Michigan or Lake Superior, if all of the following apply: 289.43(8)(d)1.a.a. The department determines that the dredging and disposal will have a demonstrable economic public benefit, as defined under s. 281.36 (1) (am). 289.43(8)(d)1.b.b. The department determines that the cumulative adverse environmental impact of the dredging and disposal is insignificant and will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner. 289.43(8)(d)1.c.c. The department determines that the facility is in compliance with performance standards established by the department by rule. 289.43(8)(d)1.d.d. The facility accepts dredged material for not more than 10 years or in an amount not to exceed 35,000 cubic yards, whichever occurs first, unless there is a material adverse change in the contamination of the dredged material that would be disposed of at the facility or if there is a material change in the intended use of the dredged material. 289.43(8)(d)1.e.e. The disposal facility is located at least 100 feet from any wetland or critical habitat area and is outside a floodplain. This subd. 1. e. does not apply if the project is for beach nourishment above the ordinary high water mark on a public beach that has already been noticeably disturbed by human activities such as the construction of a parking lot, public swimming area, or other improvement and that has no unique ecological value. 289.43(8)(d)1.f.f. The disposal facility is located at least 100 feet from any water supply well. 289.43(8)(d)1.g.g. The facility confines the disposal area to as limited a geographic area as is practicable. 289.43(8)(d)1.h.h. The department determines that the application and proposed facility are in compliance with any other conditions established by the department by rule. 289.43(8)(d)1.i.i. At least 60 days prior to beginning disposal under this paragraph, the municipality or county or the contractor for the municipality or county submits to the department the address or location of the disposal site, the name of the person or entity accepting the dredged material, a map or aerial image showing the disposal location, the coordinates for the center of the disposal location, the dates when dredged material is to be received at the disposal location, the approximate volume of material to be disposed, the intended uses of the dredged material, and the available laboratory analytical data for samples collected from the dredged material to determine environmental impact. 289.43(8)(d)1.j.j. The department determines that a received application is complete and does not provide a written objection to the application within 30 days of receipt by the department. An application may not be reviewed until the department has determined the application is complete. One application may authorize disposal of dredged material from one dredging location at multiple disposal sites. 289.43(8)(d)2.2. An exemption granted by the department under this paragraph shall be valid for a period not to exceed 10 years and shall expire if the amount of dredged material deposited at the facility exceeds 35,000 cubic yards, there is a material adverse change in the contamination of the dredged material that would be disposed of at the facility, or there is a material change in the intended use of the dredged material. 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 HistoryHistory: 1995 a. 227 ss. 574, 577 to 580; 1997 a. 27, 35; 2003 a. 88; 2007 a. 20; 2013 a. 80; 2017 a. 59; 2021 a. 93; s. 35.17 correction in (8) (d) 2. 289.43 Cross-referenceCross-reference: See also ch. NR 538, Wis. adm. code. 289.43 AnnotationExemption 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. 289.43 AnnotationLocal approvals, as defined in s. 289.33 (3) (d), required to construct a low-hazard “clean fill” facility are preempted by sub. (8) and no longer required for exempt facilities, as settled by DeRosso, which remains authoritative and unmodified. Because zoning requirements are expressly listed in s. 289.33 (3) (d) as local approvals, a “clean fill” facility like the one proposed in this case was exempt from any zoning requirements. However, the definition of “local approval” in s. 289.33 (3) (d) indicates it is not limited to enumerated statutes and fairly included the village’s preconstruction storm water and erosion permitting requirements at issue in this case. Scenic Pit LLC v. Village of Richfield, 2017 WI App 49, 377 Wis. 2d 280, 900 N.W.2d 84, 15-2291. 289.44289.44 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.