292.01(10)(10)“Long-term care” means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
292.01(11)(11)“Municipality” means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
292.01(12)(12)“Nonapproved facility” has the meaning given in s. 289.01 (24).
292.01(13)(13)“Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
292.01(15)(15)“Preventive measures” mean the installation or testing of equipment or devices, a designated way of performing a specified operation or the preparation of an emergency response plan.
292.01(16)(16)“Representative” means any person acting in the capacity of a conservator, guardian, court-appointed receiver, personal representative, testamentary trustee of a deceased person, trustee of a living trust, or fiduciary of real or personal property.
292.01(17)(17)“Secretary” means the secretary of natural resources.
292.01(17g)(17g)“Sediment” means particles in the bed of a navigable water up to the ordinary high-water mark that are derived from the erosion of rock, minerals, soil, and biological materials and from chemical precipitation from the water column and that are transported or deposited by water.
292.01(17m)(17m)“Sediment cover” means a layer of uncontaminated sand or similar material that is deposited on top of contaminated sediment.
292.01(18)(18)“Site or facility” means, except in s. 292.35, an approved facility, an approved mining facility, a nonapproved facility or a waste site.
292.01(19)(19)“Solid waste” has the meaning given under s. 289.01 (33).
292.01(21)(21)“Waste site” means any site, other than an approved facility, an approved mining facility or a nonapproved facility, where waste is disposed of regardless of when disposal occurred or where a hazardous substance is discharged before May 21, 1978.
292.01 HistoryHistory: 1995 a. 227 s. 599, 600, 702, 993; 1997 a. 27; 2001 a. 102; 2013 a. 1; 2015 a. 204 ss. 2 to 4, 6.
subch. II of ch. 292SUBCHAPTER II
REMEDIAL ACTION
292.11292.11Hazardous substance spills.
292.11(2)(2)Notice of discharge.
292.11(2)(a)(a) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance shall notify the department immediately of any discharge not exempted under sub. (9).
292.11(2)(b)(b) Notification received under this section or information obtained in a notification received under this section may not be used against the person making such a notification in any criminal proceedings.
292.11(2)(c)(c) The department shall designate a 24-hour statewide toll free or collect telephone number whereby notice of any hazardous discharge may be made.
292.11(2)(d)(d) The department shall report notifications that it receives under this subsection related to discharges of agricultural chemicals, as defined in s. 94.73 (1) (a), to the department of agriculture, trade and consumer protection. The department shall report notifications under this paragraph according to a memorandum of understanding between the department and the department of agriculture, trade and consumer protection under s. 94.73 (12).
292.11(3)(3)Responsibility. A person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.
292.11(4)(4)Prevention of discharge.
292.11(4)(a)(a) The department may require that preventive measures be taken by any person possessing or having control over a hazardous substance if the department finds that existing control measures are inadequate to prevent discharges.
292.11(4)(b)(b) The department shall specify necessary preventive measures by order. The order shall be effective 10 days after issuance, unless the person named requests a hearing, in which case no order may become effective until the conclusion of the hearing.
292.11(5)(5)Contingency plan.
292.11(5)(a)(a) After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances.
292.11(5)(b)(b) The contingency plan shall:
292.11(5)(b)1.1. Provide for efficient, coordinated and effective action to minimize damage to the air, land and waters of the state caused by the discharge of hazardous substances;