LRB-2927/2
RCT:kaf:km
1997 - 1998 LEGISLATURE
June 4, 1997 - Introduced by Representatives Gunderson, Albers, Wood,
Ainsworth, Turner, Dobyns, Urban, Staskunas, Ott, Baumgart, Lazich,
Goetsch, Grothman, Nass, Robson and Sykora, cosponsored by Senators
Adelman, Huelsman and Farrow. Referred to Committee on Natural
Resources.
AB402,1,3
1An Act to amend 289.01 (1) (b) of the statutes;
relating to: the counties and
2municipalities that may participate in negotiation and arbitration concerning
3a proposed landfill or hazardous waste facility.
Analysis by the Legislative Reference Bureau
Current law provides a process for negotiation and arbitration between a
person who wishes to construct or expand a landfill or a hazardous waste facility and
those affected municipalities and counties that choose to participate in the process.
An affected municipality or county is one in which a facility is proposed to be located
or one whose boundary is within 1,200 feet of the area in which solid waste would be
disposed of or the area in which hazardous waste would be treated, stored or disposed
of. The parties may negotiate about matters including the applicability of local
approvals, such as zoning ordinances, and compensation for economic impacts of the
proposed facility.
Under this bill, for the purpose of the landfill and hazardous waste facility
negotiation and arbitration law, an affected municipality or county is one in which
a facility is proposed to be located or one whose boundary is within one-half mile of
the area in which solid waste would be disposed of or the area in which hazardous
waste would be treated, stored or disposed of.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB402, s. 1
1Section
1. 289.01 (1) (b) of the statutes is amended to read:
AB402,2,52
289.01
(1) (b) A town, city, village or county whose boundary is within
1,200 feet 3one-half mile of that portion of the facility designated by the applicant for the
4disposal of solid waste or the treatment, storage or disposal of hazardous waste in
5the feasibility report under s. 289.23, excluding buffers and similar areas.
AB402,2,77
(1)
Process for certain proposals to construct or expand facilities.
AB402,2,168
(a) If a person has applied for local approvals under section 289.22 (1m) of the
9statutes before the effective date of this subsection from the local governmental units
10that are affected municipalities under section 289.01 (1), 1995 stats., with respect to
11a proposal to construct a new facility or expand an existing facility but the
12department has not issued a determination of feasibility under section 289.29 of the
13statutes with respect to that proposal, the person shall apply for local approvals
14under section 289.22 (1m) of the statutes from local governmental units that become
15affected municipalities because of the treatment of section 289.01 of the statutes by
16this act no later than the 30th day after the effective date of this subsection.
AB402,2,2017
(b) If the waste facility siting board has issued a notice under section 289.33
18(6) (b) of the statutes on or before the effective date of this subsection with respect
19to a proposal for which a person is required to apply for local approvals under
20paragraph (a), section 289.33 (6) (c) applies.
AB402,2,2422
(1) This act first applies to a proposed new or expanded solid waste facility or
23hazardous waste facility for which the department issues a determination of
24feasibility under section 289.29 of the statutes on the effective date of this subsection.
