Section 291.97. Violations and penalties.

 

(1)   Civil penalties. Any person who violates any provision of this chapter or any rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter shall forfeit not less than $100 nor more than $25,000 for each violation. Each day of a continuing violation is a separate offense.

(2)   Criminal penalties.

(a) Any person who willfully does any of the following shall be fined not less than $100 nor more than $25,000 or imprisoned for not more than one year in the county jail or both:

1. In connection with an application, label, manifest, record, report, license or other document relating to this chapter, makes an untrue statement of a material fact or fails to state a material fact with the result that the statements made in the document are misleading.

2. Destroys, alters, conceals or fails to submit a record required to be maintained or submitted under this chapter or a rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter.

(b) Any person who willfully does any of the following is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h) , the person may be fined not more than $100,000:

1. Transports any hazardous waste to a facility or site that does not have a license as required under s. 291.25 .

2. Stores, treats, transports or disposes of any hazardous waste without a license required under s. 291.23 or 291.25 or in violation of a rule promulgated or special order, plan approval or term or condition of a license or variance issued under s. 291.23 , 291.25 , 291.29 , 291.31 or 291.87 .

(c)

1. For a 2nd or subsequent violation under par. (a) , a person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i) , the person may be fined not more than $50,000.

2. For a 2nd or subsequent violation under par. (b) , a person is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f) , the person may be fined not more than $150,000.

(d) Each day of a continuing violation constitutes a separate offense.

(e) If a person commits a violation in connection with an enterprise, as defined under s. 946.82 (2) , the maximum penalties specified in pars. (a) , (b) and (c) shall be doubled.

(3)   Cost recovery. In addition to the penalties provided under subs. (1) and (2) , the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees and the costs of performing monitoring. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh) .

1977 c. 377 ; 1981 c. 374 ; 1987 a. 384 ; 1993 a. 16 ; 1995 a. 227 s. 698 ; Stats. 1995 s. 291.97; 1997 a. 283 ; 2001 a. 109 ; 2007 a. 20 ; 2013 a. 168 . Bankruptcy trustees acting within the scope of their official capacities may not be held personally liable under this section. State v. Better Brite Plating, 168 Wis. 2d 363 , 483 N.W.2d 574 (1991). To obtain a conviction under s. 144.74 (2) (b) [now s. 291.97 (2) (b)] the state need not prove that the defendant knew a license was required. State v. Fettig, 172 Wis. 2d 428 , 493 N.W.2d 254 (Ct. App. 1992).