287.13 Municipal waste flow control; required use of recycling or resource recovery facility.

450 words·~2 min read·/wi/chapter-287/287-13-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(b)“Collection” means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to a facility for transfer, processing or disposal.

(d)“Facilities for the recycling of solid waste or for the recovery of resources from solid waste” means facilities the primary use of which is to convert or recycle solid waste into usable materials, products or energy or to incinerate solid waste for energy recovery.

(e)“Municipality” means a county, a city, a village or a town if the town has a population of 10,000 or more. Notwithstanding the fact that the population of a town is less than 10,000, if the town enters into an agreement with a city or village concerning the establishment of a facility for the recycling of solid waste or for the recovery of resources from solid waste and concerning the required use of that facility, the town shall be considered a municipality except the town may not be the municipality responsible for a facility.

(f)“Local unit of government” includes a county, city, village, town, school district, county utility district, sanitary district or metropolitan sewerage district.

(g)“Person” includes individuals, partnerships, associations, limited liability companies, corporations and local units of government.

(h)“Recycling” means the transfer, transporting, processing, marketing and conversion of solid wastes into usable materials or products and includes the stockpiling and disposal of nonusable portions of solid wastes, but does not include the collection of solid wastes.

(i)“Sewage or industrial waste sludge” means the residue material resulting from the treatment of sewage or industrial waste water.

(2)Required use; implementation procedure. A municipality may require any local unit of government, occupant of a single-family or multifamily residence, retail business, commercial business or industry to use a facility for the recycling of solid waste or for the recovery of resources from solid waste generated within the limits of the municipality which is not exempt under sub.

(5)if:

(a)The municipality adopts an initial intent resolution.

(b)The municipality prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department.

(c)The municipality determines that required usage of the facility is in the best public interest.

(d)The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and chs. 281 , 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained.

(e)The municipality adopts a valid solid waste flow control ordinance and issues a required use order.