LRB-3511/2
RCT:kmg&kaf:ijs
1997 - 1998 LEGISLATURE
February 24, 1998 - Introduced by Representatives Plale, Green, Boyle, F. Lasee,
Ladwig, R. Potter, Riley, Springer and Staskunas, cosponsored by Senator
Grobschmidt. Referred to Committee on Environment.
AB815,1,2
1An Act to create 289.43 (8) (d) of the statutes;
relating to: local regulation of
2certain solid waste facilities.
Analysis by the Legislative Reference Bureau
Current law generally subjects solid waste disposal facilities, such as landfills,
to licensing and other regulation by the department of natural resources (DNR). The
law authorizes DNR to promulgate rules exempting solid waste disposal facilities
that accept only low-hazard waste from licensing and other requirements. In
DeRosso Landfill Co. v. City of Oak Creek, 200 Wis. 2d 642 (1996), the court held that
a solid waste disposal facility exempt from regulation under DNR's rules was not
subject to a municipal ordinance that would have prohibited the facility from being
opened.
This bill provides that a municipality may regulate the location and operation
of a solid waste facility that is exempt from licensing and other regulation under
DNR's rules if several conditions are satisfied. The conditions include that the
municipality does not entirely prohibit exempt solid waste facilities from being
located within the municipality.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB815, s. 1
3Section
1. 289.43 (8) (d) of the statutes is created to read:
AB815,2,2
1289.43
(8) (d) A municipality may regulate the location and operation of solid
2waste facilities exempted under par. (b) if all of the following apply:
AB815,2,43
1. The regulations are part of a general ordinance regarding zoning, land use,
4storm water or planning.
AB815,2,65
2. The municipality does not entirely prohibit those solid waste facilities from
6being located within the municipality.
AB815,2,97
3. The regulations do not include requirements regarding nuisance and
8aesthetic conditions or location that are less stringent than requirements in rules
9promulgated by the department.
AB815,2,1110
4. The regulations do not conflict with any order issued by the department with
11respect to a specific site in the municipality.
