Wisconsin Statutes & Annotations
Chapter 289 - Solid waste facilities.
289.97 - Violations: enforcement.

289.97 Violations: enforcement.
(1)
(a) If the department has reason to believe that a violation of this chapter or any rule promulgated or special order, plan approval, or any term or condition of a license issued under this chapter occurred, it may:
1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and, except as provided in s. 289.95, may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, and except as provided in s. 289.95, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or
2. Initiate action under s. 299.95.
(b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.
History: 1979 c. 34; 1981 c. 374; 1995 a. 227 s. 642; Stats. 1995 s. 289.97.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 289 - Solid waste facilities.

289.01 - Definitions.

289.05 - Solid waste management standards.

289.06 - Department duties.

289.07 - Department powers.

289.08 - Duties of metallic mining council.

289.09 - Confidentiality of records.

289.10 - County solid waste management plans.

289.11 - Federal aid.

289.12 - Landfill official liability.

289.21 - Initial site report.

289.22 - Local approval.

289.23 - Feasibility report required; distribution; public notice.

289.24 - Feasibility report contents; completeness; distribution.

289.25 - Environmental review.

289.26 - Informational hearing.

289.27 - Contested case hearing.

289.28 - Determination of need.

289.29 - Determination of feasibility.

289.30 - Plan of operation.

289.31 - Operating license.

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.

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.

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.

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.

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.