In the rules under par. (am) 3.
for fees required to be paid in fiscal years beginning with fiscal year 2000-01, the department shall do all of the following:
Use the fees paid by a person in fiscal year 1999-2000 as the basis for the person's fees.
Determine the fee for each person based on the number of units of pollutants discharged by the person, using a 5-year rolling average.
Use a performance-based approach that increases a person's fees in proportion to increases in the number of units of pollutants discharged by the person, as determined under subd. 2.
, and decreases a person's fees in proportion to decreases in the number of units of pollutants discharged by the person, as determined under subd. 2.
Omit any multiplier or similar mechanism that would increase a person's fees in order to compensate for decreases in overall amounts of discharges.
Omit any provision that would increase the fee per unit of pollutant discharged in order to compensate for decreases in overall amounts of discharges.
Notwithstanding par. (am)
, a person who owns or operates a concentrated aquatic animal production facility is not required to pay the wastewater discharge environmental fee under this subsection.
Violators of the reporting requirements established under sub. (1)
shall forfeit not less than $200 nor more than $10,000 or an amount double the applicable environmental fee under sub. (3)
, whichever is greater, for each offense.
The department may hold hearings relating to any aspect of the administration of the system established under this section, including, but not limited to, the assessment of fees against specific plants and, in connection therewith, may compel the attendance of witnesses and the production of evidence.
See also chs. NR 101
, and 438
, Wis. adm. code.
To the greatest extent possible, the department shall publish on the department's Internet website the current status of any application filed with the department for a permit, license, or other approval under chs. 281
. The information shall include notice of any hearing scheduled by the department with regard to the application.
History: 2011 a. 167
; 2017 a. 365
Gifts and grants.
The department may accept gifts and grants from any private or public source for any purpose relating to its environmental quality functions and may expend or use such gifts and grants for the purposes for which received.
History: 1991 a. 39
; Stats. 1991 s. 144.965; 1995 a. 227
; Stats. 1995 s. 299.21.
Financial interest prohibited.
The secretary of natural resources and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.
History: 1979 c. 221
; Stats. 1979 s. 144.952; 1983 a. 410
; Stats. 1983 s. 144.97; 1995 a. 227
; Stats. 1995 s. 299.23.
The department shall comply with the requirements of ch. 160
in the administration of any program, responsibility or activity assigned or delegated to it by law.
History: 1983 a. 410
; 1995 a. 227
; Stats. 1995 s. 299.31.
Uniform transboundary pollution reciprocal access act. 299.33(1)(a)
“Person" means an individual person, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
“Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this section or provides substantially equivalent access to its courts and administrative agencies.
An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.
Right to relief.
A person who suffers, or is threatened with, injury to his or her person or property in a reciprocating jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.
The law to be applied in an action or other proceeding brought pursuant to this section, including what constitutes “environmental pollution", is the law of this jurisdiction excluding choice of law rules. Nothing in this section restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in this section determines whether state law or federal law applies in any particular legal action.
Equality of rights.
This section creates no substantive rights of action beyond those available under other law in this state and does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.
Right additional to other rights.
The right provided in this section is in addition to and not in derogation of any other rights, except that no action or proceeding for injury or threatened injury to property or person in another jurisdiction caused by environmental pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction unless the right to relief is provided under this section.
Waiver of sovereign immunity.
The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this section only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.
This section does not apply to any action or other proceeding for injury or threatened injury to property or person caused by a publicly owned treatment work operated under a permit for the discharge of pollutants issued by the department under s. 285.31
Uniformity of application and construction.
This section shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this section among jurisdictions enacting it.
This section may be cited as the “uniform transboundary pollution reciprocal access act".
History: 1985 a. 291
; 1987 a. 403
; 1993 a. 16
; 1995 a. 227
; Stats. 1995 s. 299.33.
Collection and disposal of products containing 2,4,5-T and silvex. 299.43(1)(1)
The department is authorized to establish facilities for the collection and disposal of pesticide products prohibited from use under s. 94.707
. The department may establish the location of these facilities and the dates and times when the facilities are open.
The department shall restrict the persons who may use any facility established under sub. (1)
No person who is regularly engaged in the business of manufacturing, selling, distributing or transporting pesticides may use the facility.
No person who is a certified commercial applicator or a certified nonresident commercial applicator under s. 94.705
may use the facility.
History: 1983 a. 397
; 1987 a. 27
; 1995 a. 227
; Stats. 1995 s. 299.43.
Manufacture and purchase of polychlorinated biphenyls. 299.45(1)(a)
“PCBs" mean the class of organic compounds generally known as polychlorinated biphenyls and includes any of several compounds or mixtures of compounds produced by replacing 2 or more hydrogen atoms on the biphenyl molecule with chlorine atoms.
“Product containing PCBs" means any item, device or material to which PCBs are intentionally added during or after manufacture as plasticizers, heat transfer media, hydraulic fluids, dielectric fluids, solvents, surfactants, insulators or coating, adhesive, printing or encapsulating materials or for other uses related to the function of such item, device or material.
No person may manufacture, or purchase for use within this state, PCBs or a product containing PCBs.
shall not apply to any product containing PCBs if:
The product contains PCBs in a closed system as a dielectric fluid for an electric transformer, electromagnet or capacitor, unless the department by rule prohibits such manufacture or purchase of specific products for which the department has determined that adequate alternatives are available at the time of manufacture or purchase.
The product is an electrical component containing less than 2 pounds of PCBs, unless the department by rule prohibits the manufacture or purchase of any such product manufactured after the effective date of such rule for which the department has determined that an adequate alternative is available.
The product is wastepaper, pulp or other paper products or materials, in which case such product may be purchased for use within this state in the manufacture of recycled paper products.
shall not be construed to prohibit the manufacture or purchase of PCBs or products containing PCBs for use within this state in scientific research, analytical testing or experimentation.
The department by rule may exempt other uses of PCBs from the provisions of sub. (2)
for specific products when adequate alternatives are not available.
In determining whether adequate alternatives are available under sub. (3) (a)
, the department shall take into account and make specific findings as to the following criteria:
The commercial availability and cost of alternative products;
The safety of alternative products to both human life and property;
The acceptance of alternative products by insurance underwriters;
The extent to which use of such alternative products is otherwise restricted by law;
The degree to which such alternative products satisfy the performance standards required for the particular use; and
Any adverse environmental effects associated with such alternative products.
The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under sub. (3) (b)
. In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under s. 289.05 (1)
and chs. NR 500
, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in sub. (1) (c)
. Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.
The department shall adopt rules setting forth the method and manner of sampling, preparing samples and analyzing PCBs which shall be used by the department in implementing this section.
See also ch. NR 157
, Wis. adm. code.
Sale and delivery of dry cleaning solvent. 299.47(1)(c)
“Owner" means a person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility.
A supplier of dry cleaning solvent may not sell or deliver to the owner or operator of a dry cleaning facility any dry cleaning solvent unless the dry cleaning facility is licensed under s. 77.9961 (2)
Any person who violates sub. (2)
may be required to forfeit not more than $500 for each violation.
History: 1999 a. 9
Fire fighting foam containing PFAS. 299.48(1)(a)
“Class B fire fighting foam” means a foam designed for use on a flammable liquid fire, and may include a dual action Class A and B foam.
“PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
“Testing” includes testing of a fire fighting foam to evaluate its effectiveness and testing of a fire fighting foam delivery system or equipment.
“Training” means providing first-hand field experience to a person who may use a fire fighting foam as part of an emergency fire fighting or fire prevention operation.
Except as provided under sub. (3)
, no person may use or otherwise discharge, including for training purposes, a class B fire fighting foam that contains intentionally added PFAS.
The prohibition under sub. (2)
does not apply to any of the following:
The use or discharge of a class B fire fighting foam that contains intentionally added PFAS as part of an emergency fire fighting or fire prevention operation.
The use of class B fire fighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal or storage measures to prevent discharges of the foam to the environment. Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging the foam into a storm or sanitary sewer.
A person who uses or discharges a fire fighting foam under the exemption in sub. (3) (a)
shall notify the department of the use or discharge immediately or as soon as practicable without hindering fire fighting or fire prevention operations. A person who possesses a fire fighting foam that may be used under the exemption in sub. (3) (a)
shall request and retain any safety data sheets relating to the fire fighting foam and shall make them available to the department for examination after providing the notice under this paragraph.
A person who uses a fire fighting foam under the exemption in sub. (3) (b)
shall notify the department immediately of any discharge of the foam to the environment.
Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a class B fire fighting foam that contains intentionally added PFAS.
The department shall promulgate rules to implement and administer this section, including to determine appropriate containment, treatment, and disposal or storage measures for testing facilities under sub. (3) (b)
History: 2019 a. 101