Section 289.01. Definitions.

  In this chapter, unless the context requires otherwise:

(1)  “Affected municipality" means: 

(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

(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.

(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.

(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 .

(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) .

(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.

(6)  “Contested case" has the meaning specified under s. 227.01 (3) .

(7)  “Department" means the department of natural resources.

(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.

(9)  “Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.

(10)  “Hazardous constituent" means any constituent designated by the department under s. 291.05 (4) .

(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.

(12)  “Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05 (2) .

(13)  “Hazardous waste disposal" has the meaning specified for disposal under s. 291.01 (3) .

(14)  “Hazardous waste facility" has the meaning specified under s. 291.01 (8) .

(15)  “Hazardous waste storage" has the meaning specified for storage under s. 291.01 (18) .

(16)  “Hazardous waste treatment" has the meaning specified for treatment under s. 291.01 (21) .

(17)  “High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste.

(18)  “Informational hearing" means a hearing conducted under s. 227.18 .

(20)  “Landfill" means a solid waste facility for solid waste disposal.

(21)  “Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.

(22)  “Municipal waste landfill" means a solid waste disposal facility that is not one of the following:

(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.

(b) A hazardous waste disposal facility.

(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.

(24)  “Nonapproved facility" means a licensed solid or hazardous waste disposal facility which is not an approved facility.

(27)  “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

(28)  “Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.

(29)  “Release" has the meaning given under s. 291.37 (1) (b) .

(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.

(31)  “Secretary" means the secretary of natural resources.

(31m)  “Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12) , with such surface water or groundwater as may be present.

(33)  “Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283 , or source material, as defined in s. 254.31 (10) , special nuclear material, as defined in s. 254.31 (11) , or by-product material, as defined in s. 254.31 (1) .

(34)  “Solid waste disposal" means the discharge, deposit, injection, dumping or placing of any solid waste into or on any land or water. This term does not include the transportation, storage or treatment of solid waste.

(35)  “Solid waste facility" means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located. This term does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This term does not include a facility which uses large machines to sort, grade, compact or bale clean wastepaper, fibers or plastics, not mixed with other solid waste, for sale or use for recycling purposes. This term does not include an auto junk yard or scrap metal salvage yard.

(36)  “Solid waste management" means planning, organizing, financing, and implementing programs to effect the reduction, storage, collection, transporting, processing, reuse, recycling, composting, energy recovery from or final disposal of solid wastes in a sanitary, nuisance-free manner.

(37)  “Solid waste management plan" means a plan prepared to provide for solid waste management.

(38)  “Solid waste storage" means the holding of solid waste for a temporary period, at the end of which period the solid waste is to be treated or disposed.

(39)  “Solid waste treatment" means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. “Treatment" includes incineration.

(40)  “Termination" means the final actions taken by an owner or operator of a solid or hazardous waste facility when formal responsibilities for long-term care cease.

(41)  “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.

(42)  “Wastewater" means all sewage.

(44)  “Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.

Under sub. (33), “`solid waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials . . ." Cigarette butts manifestly constitute “other discarded . . . materials." State v. Iverson, 2015 WI 101 , 365 Wis. 2d 302 , 871 N.W.2d 661 , 14-0515 .

A violation of rules promulgated under ss. 144.43 and 144.44 [now ch. 289] does not give rise to a private right of action. Fortier v. Flambeau Plastics, 164 Wis. 2d 639 , 476 N.W.2d 593 (Ct. App. 1991).