227,549
Section
549. 144.44 (2) (d) and (e) of the statutes are renumbered 289.23 (3) and (5) and amended to read:
289.23 (3) Compliance required
. No person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of this subsection ss. 289.23 to 289.29.
(5) Notification of proposed facility. Immediately upon receipt of a feasibility report the department shall send a notice to the persons specified under sub. (4m) s. 289.32 containing a brief description of the proposed facility and a statement that the applicant is required to send a copy of the feasibility report after it is determined to be complete by the department.
227,550
Section 550
. 144.44 (2) (f), (fm) and (g) of the statutes are renumbered 289.24 (1), (2) and (3), and 289.24 (1) (intro.), (c) and (f) and (2) (intro.), as renumbered, are amended to read:
289.24 (1) Contents of feasibility reports; preparation. (intro.) The department shall specify by rule the minimum contents of a feasibility report and no report is complete unless the specified information is provided by the applicant. In addition to the requirements specified under par. (fm) sub. (2), the rules may specify special requirements for a feasibility report relating to any hazardous waste facility. The department may require a feasibility report to be prepared by a registered professional engineer. A feasibility report shall include:
(c) A description of how the proposed facility relates to any applicable county solid waste management plan approved under s. 144.437 289.10.
(f) Sufficient information to make the determination of need for the facility under this subsection
s. 289.28 unless the facility is exempt under par. (nr) s. 289.28 (2).
(2) Certain hazardous waste facilities; additional requirements. (intro.) A feasibility report for a hazardous waste disposal facility or surface impoundment, as defined in s. 291.37 (1) (d), shall include a list of all persons living within 0.5 mile of the facility and information reasonably ascertainable by the applicant on the potential for public exposure to hazardous waste or hazardous constituents through releases from the facility including, but not limited to, the following:
227,551
Section 551
. 144.44 (2) (h) of the statutes is renumbered 289.23 (4) and amended to read:
289.23 (4) Distribution of feasibility report. At the same time an applicant submits a feasibility report to the department, the applicant shall submit a copy of that feasibility report to each participating municipality under s. 144.445 289.33 (6) (b).
Immediately after the applicant receives notification of the department's determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under sub. (4m).
Note: The remainder of current s. 144.44 (2) (h) is located in new s. 289.24 (4).
227,552
Section 552
. 144.44 (2) (i), (j) and (k) of the statutes are renumbered 289.25 (1), (2) and (3), and 289.25 (2) and (3), as renumbered, are amended to read:
289.25 (2) Environmental impact statement process. If an environmental impact statement is required, the department shall conduct the hearing required under s. 1.11 (2) (d) in an appropriate place it designates in a county, city, village or town which would be substantially affected by the operation of the proposed facility. The hearing on the environmental impact statement is not a contested case. The department shall issue its determination of the adequacy of the environmental impact statement within 30 days after the close of the hearing. Except as provided under s. 144.836 293.43, the department shall complete any environmental impact statement process required under s. 1.11 before proceeding with the feasibility report review process under par. (k)
sub. (3) and subs. (2g) and (2r) ss. 289.26 and 289.27.
(3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under pars. (L) and (m) ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under sub. (4m) s. 289.32.
227,553
Section 553
. 144.44 (2) (L) of the statutes is renumbered 289.26 (1) and amended to read:
289.26 (1) Request for an informational hearing. Within 30 days after the notice under par. (k)
s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under par. (k) s. 289.25 (3) is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request for an informational hearing on the matter with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.
227,554
Section 554
. 144.44 (2) (m) of the statutes is renumbered 289.27 (1), and 289.27 (1) (intro.), as renumbered, is amended to read:
289.27 (1) Request for treatment as a contested case. (intro.) Within 30 days after the notice under par. (k) s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under par. (k) s. 289.25 (3) is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request that the hearing under par. (L) s. 289.26 (1) be treated as a contested case, as provided under s. 227.42. A county, city, village or town, the applicant or any 6 or more persons have a right to have the hearing treated as a contested case only if:
227,555
Section 555
. 144.44 (2) (n) of the statutes is renumbered 289.29 (1), and 289.29 (1) (a) and (c), as renumbered, are amended to read:
289.29 (1) (a) A determination of feasibility shall be based only on ss. 144.43 to 144.47 this chapter and 144.60 to 144.74 ch. 291 and rules promulgated under those sections chapters. A determination of feasibility for a facility for the disposal of metallic mining waste shall be based only on ss. 144.43 to 144.47 this chapter and 144.60 to 144.74 ch. 291 and rules promulgated under those sections chapters with special consideration given to s. 144.435 289.05 (2) and rules promulgated under that section.
(c) The department may receive into evidence at a hearing conducted under sub. (2g) or (2r) s. 289.26 or 289.27 any environmental impact assessment or environmental impact statement for the facility prepared under s. 1.11 and any environmental impact report prepared under s. 23.11 (5). The adequacy of the environmental impact assessment, environmental impact statement or environmental impact report is not subject to challenge at that hearing.
227,556
Section 556
. 144.44 (2) (nm) of the statutes is renumbered 289.28 (1), and 289.28 (1) (intro.), (c) 1. and 2. and (d), as renumbered, are amended to read:
289.28 (1) Determination of need; issues considered. (intro.) A feasibility report shall contain an evaluation to justify the need for the proposed facility unless the facility is exempt under par. (nr) sub. (2). The department shall consider the following issues in evaluating the need for the proposed facility:
(c) 1. Approved facilities, as defined under s. 144.441 (1) (a), including the potential for expansion of those facilities on contiguous property already owned or controlled by the applicant.
2. Nonapproved facilities, as defined under s. 144.442 (1) (c), which are environmentally sound. It is presumed that a nonapproved facility is not environmentally sound unless evidence to the contrary is produced.
(d) If the need for a proposed municipal facility cannot be established under subds. 1. to 3. pars. (a) to (c), the extent to which the proposed facility is needed to replace other facilities of that municipality at the time those facilities are projected to be closed in the plans of operation.
227,557
Section 557
. 144.44 (2) (nr) of the statutes is renumbered 289.28 (2), and 289.28 (2) (intro.) and (a), as renumbered, are amended to read:
289.28 (2) Determination of need; exempt facilities. (intro.) Paragraphs (f) 6., (n) 4., (nm) and (om) Subsections (1) and (3) and ss. 289.24 (1) (f) and 289.29 (1) (d) do not apply to:
(a) Any facility which is part of a prospecting or mining operation with a permit under s. 144.84 293.45 or 144.85 293.49.