289.55 Tire dumps.
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/wi/chapter-289/289-55A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
289.55 Tire dumps.
(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: