Wisconsin Statutes
Wis. Stat. § 289.05 (2026)
Solid waste management standards
✓ current as of July 2026
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289.05(1)(1) The department shall promulgate rules establishing minimum standards for the location, design, construction, sanitation, operation, monitoring and maintenance of solid waste facilities. Following a public hearing, the department shall promulgate rules relating to the operation and maintenance of solid waste facilities as it deems necessary to ensure compliance and consistency with the purposes of and standards established under the resource conservation and recovery act, except that the rules relating to open burning shall be consistent with s. 289.51. The rules promulgated under this subsection shall conform to the rules promulgated under sub. (2).
289.05(2)(2) With the advice and comment of the metallic mining council, the department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30 and 283. The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency’s efforts to implement the resource conservation and recovery act.
289.05(3)(3) The department shall prescribe by rule minimum standards for closing, long-term care and termination of solid waste disposal facilities or hazardous waste facilities. The standards and any additional facility-specific requirements designated by the department shall be incorporated into the plan of operation prepared under s. 289.30. The long-term care provisions in an approved plan of operation may be modified under s. 289.30 (8) (a) 3. or (b).
289.05(4)(4) The department shall promulgate, by rule, standards for the reuse of foundry sand and other high-volume industrial waste, including high-volume industrial waste that qualifies for an exemption from regulation under s. 289.43 (8). The department shall design the rules under this subsection to allow and encourage, to the maximum extent possible consistent with the protection of public health and the environment, the beneficial reuse of high-volume industrial waste, in order to preserve resources, conserve energy and reduce or eliminate the need to dispose of high-volume industrial waste in landfills. In developing rules under this subsection, the department shall review methods of reusing high-volume industrial waste that are approved by other states and incorporate those methods to the extent that the department determines is advisable. In developing rules under this subsection, the department shall also consider the analysis and methodology used under 40 CFR 503.13 in determining the impacts on groundwater from various methods of reusing high-volume industrial wastes.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1931–2024 · leading case: State v. Schweda, 2007 WI 100 (Wis. 2007).
State v. Schweda, 2007 WI 100 (Wis. 2007). “Wis. Stat. § 289.05 (1). Any person who violates this chapter or any rule promulgated under this chapter is subject to civil forfeitures.”
State v. Chrysler Outboard Corp., 580 N.W.2d 203 (Wis. 1998). “The enabling statute is currently codified at Wis. Stat. § 289.05 (1995-96). The DNR regulations are currently set forth in the NR500 series of the Wisconsin Administrative Code.”
Druml Co. v. City of New Berlin, 254 N.W.2d 265 (Wis. 1977). “The only issue on this appeal is whether the October 25, 1973 letter operated as a waiver of lien under sec. 289.05, Stats., 1973. 3 The trial court decided it did not.”
Roseliep v. Herro, 239 N.W. 413 (Wis. 1931). “, provides that the “taking of a promissory note or other evidence of indebtedness for any such work, labor or materials done or furnished shall not discharge the lien therefor hereby given unless expressly received as payment therefor and so specified therein.”
Viking Automatic Sprinkler Co. v. Thwaits, 253 N.W. 398 (Wis. 1934). “413 , in which we held that a prior taking of a note for materials and labor and entering judgment thereon did not, in view of sec. 289.05, Stats., in itself amount to a waiver of the right to a mechanic’s lien, or an election of a remedy inconsistent with the cumulative remedy…”
Great Lakes Excavating, Inc. v. Dollar Tree Stores, Inc., 2022 WI 44 (Wis. 2022). “351, Laws of 1967; Wis. Stat. § 289.05 (1) (1967– 68); § 57, ch.”
Loki Fiontar, LLC v. Dep't of Nat. Resources (Wis. Ct. App. 2024). “Loki also observes that a landfill must have a “plan of operation” that has been approved by the DNR, see WIS. STAT. § 289.30; WIS. ADMIN.”
— Wis. Stat. § 289.05(1) — 2 cases
Druml Co. v. City of New Berlin, 254 N.W.2d 265 (Wis. 1977). “The only issue on this appeal is whether the October 25, 1973 letter operated as a waiver of lien under sec. 289.05, Stats., 1973. 3 The trial court decided it did not.”
Loki Fiontar, LLC v. Dep't of Nat. Resources (Wis. Ct. App. 2024). “Loki also observes that a landfill must have a “plan of operation” that has been approved by the DNR, see WIS. STAT. § 289.30; WIS. ADMIN.”
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