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289.32   Distribution of documents.
289.33   Solid and hazardous waste facilities; negotiation and arbitration.
289.34   Noncompliance with plans or orders.
289.35   Shoreland and floodplain zoning.
289.36   Acquisition of property by condemnation.
SUBCHAPTER IV
LONG-TERM CARE; FINANCIAL RESPONSIBILITY; OPERATION; WAIVERS; EXEMPTIONS; CLOSURE
289.41   Financial responsibility.
289.42   Operation of facilities.
289.43   Waivers; exemptions.
289.44   Exemption for certain alcohol fuel production systems.
289.445   Exemption for certain fruit and vegetable washing facilities.
289.45   Solid waste storage.
289.46   Transference of responsibility.
289.47   Closure notice.
SUBCHAPTER V
FACILITIES; REGULATION OF SPECIFIC
FACILITY OR WASTE TYPES
289.51   Solid waste open burning standards.
289.53   Commercial PCB waste storage and treatment facilities.
289.54   Disposal of certain dredged materials.
289.55   Tire dumps.
289.57   Disposal and treatment records.
289.59   Disposal and burning of low-level radioactive waste.
SUBCHAPTER VI
FEES; FUNDS
289.61   License and review fees.
289.62   Tonnage fees.
289.63   Groundwater and well compensation fees.
289.64   Solid waste facility siting board fee.
289.645   Recycling fee.
289.67   Environmental repair fee and surcharge.
289.675   Waiver of fees.
289.68   Payments from the waste management fund and related payments.
SUBCHAPTER VIII
ENFORCEMENT; PENALTIES
289.91   Inspections.
289.92   Review of alleged violations.
289.93   Orders.
289.94   Imminent danger.
289.95   Enforcement procedures for older facilities.
289.96   Penalties.
289.97   Violations: enforcement.
Ch. 289 Cross-reference Cross-reference: See also NR ch. 500- and NR ch. 700-, Wis. adm. code.
subch. I of ch. 289 SUBCHAPTER I
DEFINITIONS
289.01 289.01 Definitions. In this chapter, unless the context requires otherwise:
289.01(1) (1)“Affected municipality" means: 
289.01(1)(a) (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
289.01(1)(b) (b) A town, city, village or county whose boundary is within 1,500 feet of that portion of the facility designated by the applicant for the disposal of solid waste or the treatment, storage or disposal of hazardous waste in the feasibility report under s. 289.23, excluding buffers and similar areas.
289.01(2) (2)“Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
289.01(3) (3)“Approved facility" means a solid or hazardous waste disposal facility with an approved plan of operation under s. 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 289.30.
289.01(4) (4)“Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 293.01 (12), used for the disposal of waste resulting from mining, as defined under s. 293.01 (9), or prospecting, as defined under s. 293.01 (18).
289.01(5) (5)“Closing" means the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses.
289.01(6) (6)“Contested case" has the meaning specified under s. 227.01 (3).
289.01(7) (7)“Department" means the department of natural resources.
289.01(8) (8)“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.
289.01(8m) (8m)“Feedstock” means raw material that is used in a machine or industrial process.
289.01(9) (9)“Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
289.01(9m) (9m)“Gasification facility” means a facility that processes nonrecycled feedstock by heating and converting the feedstock only into a fuel-gas mixture in an oxygen-deficient, noncombustible atmosphere and converting the mixture only into fuel, including ethanol and transportation fuel, chemicals, or other chemical feedstock.
289.01(10) (10)“Hazardous constituent" means any constituent designated by the department under s. 291.05 (4).
289.01(11) (11)“Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
289.01(12) (12)“Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05 (2).
289.01(13) (13)“Hazardous waste disposal" has the meaning specified for disposal under s. 291.01 (3).
289.01(14) (14)“Hazardous waste facility" has the meaning specified under s. 291.01 (8).
289.01(15) (15)“Hazardous waste storage" has the meaning specified for storage under s. 291.01 (18).
289.01(16) (16)“Hazardous waste treatment" has the meaning specified for treatment under s. 291.01 (21).
289.01(17) (17)“High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste.
289.01(18) (18)“Informational hearing" means a hearing conducted under s. 227.18.
289.01(20) (20)“Landfill" means a solid waste facility for solid waste disposal.
289.01(21) (21)“Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
289.01(22) (22)“Municipal waste landfill" means a solid waste disposal facility that is not one of the following:
289.01(22)(a) (a) A solid waste disposal facility designed exclusively for the disposal of waste generated by a pulp mill, paper mill, foundry, prospecting or mining operation, electric or process steam generating facility or demolition activity.
289.01(22)(b) (b) A hazardous waste disposal facility.
289.01(23) (23)“Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
289.01(24) (24)“Nonapproved facility" means a licensed solid or hazardous waste disposal facility which is not an approved facility.
289.01(24g) (24g)
289.01(24g)(a)(a) “Nonrecycled feedstock” means one or more of the following materials, derived from nonrecycled waste, that has been processed so that it may be used as feedstock in a gasification facility:
289.01(24g)(a)1. 1. Post-use plastics.
289.01(24g)(a)2. 2. Municipal solid waste that contains post-use plastics and that is processed into a fuel that would be considered a legitimate fuel under 40 CFR 241.3 (c).
289.01(24g)(a)3. 3. Other post-industrial waste that contains post-use plastics and that may contain incidental contaminants or impurities.
289.01(24g)(b) (b) “Nonrecycled feedstock” does not include coal refuse, scrap tires, or resinated wood.
289.01(27) (27)“Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
289.01(27g) (27g)“Post-use plastics” means plastics derived from any source that are not being used for their originally intended purpose and that might otherwise become solid waste if not processed at a pyrolysis or gasification facility or recycled. “Post-use plastics” includes plastics that may contain incidental contaminants or impurities such as paper labels or metal rings.
289.01(27m) (27m)“Pyrolysis facility” means a facility at which post-use plastics are heated, in an oxygen-free environment, until melted and thermally decomposed, then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock; waxes or lubricants; or other similar raw materials or intermediate or final products.
289.01(28) (28)“Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
289.01(29) (29)“Release" has the meaning given under s. 291.37 (1) (b).
289.01(30) (30)“Resource conservation and recovery act" means the federal resource conservation and recovery act, 42 USC 6901 to 6991i, as amended on November 8, 1984.
289.01(31) (31)“Secretary" means the secretary of natural resources.
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