Wisconsin Statutes 289.55 – Tire dumps
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Terms Used In Wisconsin Statutes 289.55
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Nuisance” means an unreasonable danger to public health, safety or welfare or the environment.
(am) “Recovery activity” means a project designed to reduce the number or volume of waste tires, to recycle waste tires or to recover waste tires.
(b) “Tire dump” means any location that is used for storing or disposing of waste tires or solid waste resulting from manufacturing tires.
(c) “Waste tire” means a tire that is no longer suitable for its original purpose because of wear, damage or defect.
(2) Department authority; abatement. If the department determines that a tire dump is a nuisance, it shall notify the person responsible for the nuisance and request that the waste tires or the solid waste resulting from manufacturing tires be processed or removed within a specified period. If the person fails to take the requested action within the specified period, the department shall order the person to abate the nuisance within a specified period. If the person responsible for the nuisance is not the owner of the property on which the tire dump is located, the department may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, the department may take any action necessary to abate the nuisance, including entering the property where the tire dump is located and confiscating the waste tires or the solid waste resulting from manufacturing tires, or arranging to have the waste tires or the solid waste resulting from manufacturing tires processed or removed.
(2r) Enforcement action. To carry out a nuisance abatement under sub. (2), the department may refer a nuisance abatement to the attorney general for enforcement action.
(3) Applicability. This section does not apply to any of the following:
(a) A retail business premises where tires are sold if no more than 500 waste tires are kept on the premises at one time.
(b) The premises of a tire retreading business if no more than 3,000 waste tires are kept on the premises at one time.
(c) A premises where tires are removed from motor vehicles in the ordinary course of business if no more than 500 waste tires are kept on the premises at one time.
(d) A solid waste disposal facility where no more than 60,000 waste tires are stored above ground at one time if all tires received for storage are processed, buried or removed from the facility within one year after receipt.
(e) A site where no more than 250 waste tires are stored for agricultural uses.
(f) A site where a recovery activity is carried on if no more than a 6-month inventory of tires is kept on the site.
(g) A site where waste tires are stored for use in constructing artificial reefs in waters of the state.
(h) An artificial reef constructed of waste tires.
(i) A construction site where waste tires are stored for use or used in road surfacing and construction of embankments.
(j) A solid waste disposal facility where waste tires are buried in compliance with rules promulgated by the department.
(4) Abatement priorities. The order of priority for the department’s abatement activities under sub. (2) shall be as follows:
(a) Tire dumps determined by the department to contain more than 1,000,000 tires.
(b) Tire dumps which constitute a fire hazard or threat to public health.
(c) Tire dumps in densely populated areas.
(d) All other tire dumps.
(5) Recovery of expenses. The department may ask the attorney general to initiate a civil action to recover from the person responsible for the nuisance the reasonable and necessary costs incurred by the department for its nuisance abatement activities and its administrative and legal expenses related to the abatement. The department’s certification of expenses shall be prima facie evidence that the expenses are reasonable and necessary.
(6) Other abatement. This section does not change the existing authority of the department to enforce any existing laws or of any person to abate a nuisance. The department may reimburse a person for the costs of any such abatement.