289.33(7)(a)1.
1. A town, city or village in which all or part of a facility is proposed to be located shall appoint 4 members, no more than 2 of whom are elected officials or municipal employes.
289.33(7)(a)1m.
1m. A county in which all or part of a facility is proposed to be located shall appoint 2 members.
289.33(7)(a)2.
2. Any affected municipality, other than those specified under
subd. 1. or
1m., shall appoint one member.
289.33(7)(b)
(b)
Disclosure of private interests. Each member of a local committee shall file a statement with the board within 15 days after the person is appointed to the local committee specifying the economic interests of the member and his or her immediate family members that would be affected by the proposed facility and its development.
289.33(7)(c)
(c)
Failure to disclose private interests. If a person fails to file a statement of economic interest as required under
par. (b), he or she may not serve on the local committee and the position to which he or she was appointed is vacant.
289.33(7)(d)
(d)
Removal; vacancies. A participating municipality may remove and replace at will the members it appoints to the local committee. Vacancies on the local committee shall be filled in the same manner as initial appointments.
289.33(7)(e)
(e)
Chairperson. The local committee shall elect one of its members as chairperson.
289.33(7)(f)
(f)
Quorum. A majority of the membership of the local committee constitutes a quorum to do business and a majority of that quorum may act in any matter before the local committee. Each member of the local committee has one vote in any matter before the committee and no member may vote by proxy.
289.33(7n)(a)(a)
Agreement to add. Upon the written agreement of all parties to a negotiation and arbitration proceeding commenced under this section, a municipality which does not qualify as an affected municipality may be added as a party to the proceeding.
289.33(7n)(b)
(b)
Siting resolution. If a municipality is added to the negotiation and arbitration proceeding under
par. (a), it shall adopt a siting resolution under
sub. (6) within 30 days of the agreement and otherwise comply with the other provisions of this section.
289.33(8)
(8) Subjects of negotiation and arbitration. 289.33(8)(a)(a) The applicant and the local committee may negotiate with respect to any subject except:
289.33(8)(a)1.
1. Any proposal to make the applicant's responsibilities under the approved feasibility report or plan of operation less stringent.
289.33(8)(b)
(b) Only the following items are subject to arbitration under this section:
289.33(8)(b)1.
1. Compensation to any person for substantial economic impacts which are a direct result of the facility including insurance and damages not covered by the waste management fund.
289.33(8)(b)1m.
1m. Reimbursement of reasonable costs, but not to exceed $20,000, incurred by the local committee relating to negotiation, mediation and arbitration activities under this section.
289.33(8)(b)2.
2. Screening and fencing related to the appearance of the facility. This item may not affect the design capacity of the facility.
289.33(8)(b)3.
3. Operational concerns including, but not limited to, noise, dust, debris, odors and hours of operation but excluding design capacity.
289.33(8)(b)4.
4. Traffic flows and patterns resulting from the facility.
289.33(8)(b)5.
5. Uses of the site where the facility is located after closing the facility.
289.33(8)(b)6.
6. Economically feasible methods to recycle or reduce the quantities of waste to the facility. At facilities for which the applicant will not provide or contract for collection and transportation services, this item is limited to methods provided at the facility.
289.33(8)(b)7.
7. The applicability or nonapplicability of any preexisting local approvals.
289.33(9)(a)(a)
Commencement of negotiation. Negotiation between the applicant and the local committee may commence at any time after receipt of notification of participation from the board under
sub. (6) (b). The time and place of negotiating sessions shall be established by agreement between the applicant and the local committee. Negotiating sessions shall be open to the public.
289.33(9)(b)
(b)
Determination of negotiability. Either party may petition the board in writing for a determination as to whether a proposal is excluded from negotiation under
sub. (8) (a). A petition may be submitted to the board before a proposal is offered in negotiation. A petition may not be submitted to the board later than 7 days after the time a proposal is offered for negotiation. The board shall conduct a hearing on the matter and issue its decision within 14 days after receipt of the petition. The decision of the board is binding on the parties and is not subject to judicial review. Negotiation on any issue, including issues subject to a petition under this paragraph, may continue pending the issuance of the board's decision.
289.33(9)(c)
(c)
Mediation. Negotiating sessions may be conducted with the assistance of a mediator if mediation is approved by both the applicant and the local committee. Either the applicant or the local committee may request a mediator at any time during negotiation. The function of the mediator is to encourage a voluntary settlement by the applicant and the local committee. The mediator may not compel a settlement. The board shall provide the applicant and the local committee with the names and qualifications of persons willing to serve as mediators. If the applicant and the local committee cannot agree on the selection of a mediator, the applicant and the local committee may request the board to appoint a mediator.