Wisconsin Statutes

Wis. Stat. § 289.46 (2026)

Transference of responsibility

✓ current as of July 2026

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289.46289.46 Transference of responsibility.

289.46(1)(1) Any person acquiring rights of ownership, possession or operation in a licensed solid or hazardous waste facility at any time after the facility begins to accept waste is subject to all requirements of the license approved for the facility including any requirements relating to long-term care of the facility and is subject to any negotiated agreement or arbitration award related to the facility under s. 289.33. Upon acquisition of the rights, the department shall issue a new operating license if the previous licensee is no longer connected with the operation of the facility, if the new licensee meets all requirements specified in the previous license, the approved plan of operation, if any, and the rules promulgated under s. 291.05 or 291.07, if applicable.

289.46(2)(2) Any person having or acquiring rights of ownership in land where a solid or hazardous waste disposal facility was previously operated may not undertake any activities on the land which interfere with the closed facility causing a significant threat to public health, safety or welfare.

289.46 HistoryHistory: 1977 c. 377; 1981 c. 374; 1983 a. 410 ss. 62, 2202 (38); Stats. 1983 s. 144.444; 1989 a. 31; 1995 a. 227 s. 625; Stats. 1995 s. 289.46.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Jackson Cnty. v. State Dep't of Nat. Resources, 2006 WI 96 (Wis. 2006).

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Jackson Cnty. v. State Dep't of Nat. Resources, 2006 WI 96 (Wis. 2006). · cites it 4× “[6] The circuit court also granted the DNR's request for a declaration that the DNR could transfer the landfill license to the County pursuant to Wis. Stat. § 289.46 (1). We do not address this issue because we decide only the question for which we accepted certification.”

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