Wisconsin Statutes & Annotations
Chapter 299 - General environmental provisions.
299.95 - Enforcement; duty of department of justice; expenses.

299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1), the circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
History: 1975 c. 39 s. 734; 1979 c. 34 s. 985g; 1979 c. 221; Stats. 1979 s. 144.98; 1981 c. 374; 1989 a. 284; 1993 a. 243; 1995 a. 27; 1995 a. 227 s. 829; Stats. 1995 s. 299.95; 1995 a. 290 s. 12; 1997 a. 35; 1999 a. 9; 2001 a. 6; 2003 a. 276; 2005 a. 347; 2013 a. 1, 69.
Note: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
That the violation of an order prohibiting pollution constitutes a public nuisance does not mean that there is no nuisance until an order is issued. State v. Dairyland Power Coop. 52 Wis. 2d 45, 187 N.W.2d 878 (1971).
The state need not show irreparable harm to obtain an injunction under this section. State v. C. Spielvogel & Sons, 193 Wis. 2d 464, 535 N.W.2d 28 (Ct. App. 1995).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 299 - General environmental provisions.

299.01 - Definitions.

299.05 - Deadlines for action on certain applications.

299.07 - License denial, nonrenewal, and revocation based on delinquent taxes or unemployment insurance contributions.

299.08 - License denial, nonrenewal, suspension or restriction based on failure to pay support.

299.09 - Military training or experience.

299.11 - Laboratory certification program.

299.13 - Pollution prevention.

299.15 - Reports on substances used; wastewater fee.

299.17 - Website information.

299.21 - Gifts and grants.

299.23 - Financial interest prohibited.

299.31 - Groundwater protection.

299.33 - Uniform transboundary pollution reciprocal access act.

299.43 - Collection and disposal of products containing 2,4,5-T and silvex.

299.45 - Manufacture and purchase of polychlorinated biphenyls.

299.47 - Sale and delivery of dry cleaning solvent.

299.48 - Fire fighting foam containing PFAS.

299.49 - Products containing mercury.

299.50 - Products containing synthetic plastic microbeads.

299.51 - Medical waste management.

299.53 - Used oil fuel.

299.55 - Confidentiality of records; used oil collection facilities and used oil fuel facilities.

299.62 - Environmental protection requirements for tank vessels.

299.64 - Open burning on commercial vessels.

299.66 - Inspecting vessels.

299.80 - Environmental cooperation pilot program.

299.83 - Green Tier Program.

299.85 - Environmental Compliance Audit Program.

299.91 - Hearings; procedure; review.

299.93 - Environmental surcharge.

299.95 - Enforcement; duty of department of justice; expenses.

299.97 - Penalties and remedies.