Wisconsin Legislature: Indians

WASTE MANAGEMENT

See also POLLUTION

Aquatic nuisances

A municipality has no jurisdiction over chemical treatment of waters to suppress aquatic nuisances. The Department of Natural Resources is granted statewide supervision over aquatic nuisance control under sec. 144.025(2)(i), Stats. Applications for permits to chemically treat aquatic nuisances under sec. 144.025(2)(i), Stats., may be denied even though statutory and regulatory requirements have been met if such chemical treatment would be counterproductive in achieving the goals set out in sec. 144.025(1), Stats. 63-260

Bonds

A joint sewerage commission is empowered within the territorial limits of its district to enact and enforce regulations which would be required of it under the mandates of the Clean Water Act of 1977, but it cannot make appropriations or issue bonds without the approval of the governing bodies which established it. 68-83

Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979

Brown County

In counties with a population of less than 500,000 having a county executive, a solid waste management board established by the county board pursuant to section 59.07(135), Stats., is restricted to performing advisory, policy-making or legislative functions, and the county executive is responsible for the administrative functions set forth in the statute. 77-98

Counties

In counties with a population of less than 500,000 having a county executive, a solid waste management board established by the county board pursuant to section 59.07(135), Stats., is restricted to performing advisory, policy-making or legislative functions, and the county executive is responsible for the administrative functions set forth in the statute. 77-98

May withhold or eliminate functions specified in sec. 59.07(135), Stats., which creates a solid waste system and board. 65-233

Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of government within the

Towns, villages and cities in counties establishing a county-wide solid waste management system may be taxed for capital costs but not operating costs of system. 67-77

Under sec. 59.07(135), Stats., a county may contract with another municipality or private company to pay the costs of operating a solid waste disposal site, including one owned by a private collector, as long as the necessary approvals have been secured under ch. 144, Stats. Costs of operation of such sites are to be borne by the users while capital costs are to be borne by the general county property tax. 72-27

Green Bay Metropolitan Sewerage Commission

The Oneida Tribe is not a "municipality" within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are met. 76-189

Groundwater pollution

To accomplish public health protection as well as prevention of groundwater pollution, a county health commission, where such activity is undertaken with the consent of the property owner, can authorize its staff to enter private property for the purpose of determining the location of an existing private sewage disposal system. If consent of the property owner to such activity on his premises is not obtained, it can only be undertaken by county health commission staff pursuant to special inspection warrant obtained under sec. 66.122, Stats. 63-337

Indians

Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the state generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978

Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132

The Oneida Tribe is not a "municipality" within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are met. 76-189

Joint sewerage commission

A joint sewerage commission is empowered within the territorial limits of its district to enact and enforce regulations which would be required of it under the mandates of the Clean Water Act of 1977, but it cannot make appropriations or issue bonds without the approval of the governing bodies which established it. 68-83

Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132

Milwaukee Metropolitan Sewerage District

Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979

Natural Resources, Department of

The Department of Natural Resources has the authority to reduce or waive the Waste Management Fund fee for solid waste resulting from mining upon a determination that the specific portions of a mine reclamation plan or related statutory undertakings will be sufficient to accomplish the purposes of sec. 144.441(3)(d), Stats., with respect to a type of waste or portion thereof. 68-374

The Department of Natural Resources must consider the effect on water pollution before it may issue a permit pursuant to sec. 30.12, Stats. (Unpub.). 31-1980

Permits

The Department of Natural Resources has authority under state law to issue Wisconsin Pollution Discharge Elimination System permits to federal agencies pursuant to ch. 147, Stats. A federal agency or any officer, agent or employe thereof responsible for the discharge of any pollutant into the waters of the State is a "person" within the meaning of secs. 147.02(1) and 147.015(1), Stats. 68-52

The Department of Natural Resources must consider the effect of water pollution before it may issue a permit pursuant to sec. 30.12, Stats. (Unpub.). 31-1980

Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be issued. 75-38

Private system

To accomplish public health protection as well as prevention of groundwater pollution, a county health commission, where such activity is undertaken with the consent of the property owner, can authorize its staff to enter private property for the purpose of determining the location of an existing private sewage disposal system. If consent of the property owner to such activity on his premises is not obtained, it can only be undertaken by county health commission staff pursuant to special inspection warrant obtained under sec. 66.122, Stats. 63-377

Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be issued. 75-38

Radioactive Waste Review Board

Only the Radioactive Waste Review Board is authorized to negotiate agreements with the federal government regarding the disposal of high-level nuclear waste and transuranic waste either in a high-level radioactive waste repository or a monitored retrievable storage facility. Local units of government may apply for grants to provide funds to support information and education efforts related to potential negotiation for those sites. Those applications must be reviewed and commented upon by the Radioactive Waste Review Board. 80-308

Sewerage district

1973 Senate Bill 59 contains inconsistent provisions which require redrafting, although the general intent of the Bill appears to be to provide nonresident property owners with a voice in both metropolitan sewerage district and town sanitary district bond elections. Such a limited extension of voting rights probably would not infringe the local district electors' federal or state constitutional guarantees of equal protection. Such extension of suffrage probably is required to be submitted to a vote of the electors of the State, under art. III, sec. 1, Wis. Const. 63-391

Solid waste disposal site

See Counties

Solid waste facilities

Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of government within the

Proposed municipal solid waste facilities which replace existing municipal solid waste facilities are not exempt from the needs determination under section 144.44(2)(nm), Stats. 77-81

Taxation

Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of government within the

Towns

County-wide system: Towns, villages and cities in counties establishing solid waste management system may be taxed for capital costs but not operating costs of the system. 67-77

Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners if petition signed by at least twenty percent of the qualified electors of the district is filed. 69-245

Wisconsin Pollution Discharge Elimination System permits

The Department of Natural Resources has authority under state law to issue Wisconsin Pollution Discharge Elimination System permits to federal agencies pursuant to ch. 147, Stats. A federal agency or any officer, agent or employe thereof responsible for the discharge of any pollutant into the waters of the state is a "person" within the meaning of secs. 147.02(1) and 147.015(1), Stats. 68-52

WATER POLLUTION