289.33 Solid and hazardous waste facilities; negotiation and arbitration.
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289.33 Solid and hazardous waste facilities; negotiation and arbitration.
(1)Legislative findings.
(a)The legislature finds that the creation of solid and hazardous waste is an unavoidable result of the needs and demands of a modern society.
(b)The legislature further finds that solid and hazardous waste is generated throughout the state as a by-product of the materials used and consumed by every individual, business, enterprise and governmental unit in the state.
(c)The legislature further finds that the proper management of solid and hazardous waste is necessary to prevent adverse effects on the environment and to protect public health and safety.
(d)The legislature further finds that the availability of suitable facilities for solid waste disposal and the treatment, storage and disposal of hazardous waste is necessary to preserve the economic strength of this state and to fulfill the diverse needs of its citizens.
(e)The legislature further finds that whenever a site is proposed for the solid waste disposal or the treatment, storage or disposal of hazardous waste, the nearby residents and the affected municipalities may have a variety of legitimate concerns about the location, design, construction, operation, closing and long-term care of facilities to be located at the site, and that these facilities must be established with consideration for the concerns of nearby residents and the affected municipalities.
(f)The legislature further finds that local authorities have the responsibility for promoting public health, safety, convenience and general welfare, encouraging planned and orderly land use development, recognizing the needs of industry and business, including solid waste disposal and the treatment, storage and disposal of hazardous waste and that the reasonable decisions of local authorities should be considered in the siting of solid waste disposal facilities and hazardous waste facilities.
(g)The legislature further finds that the procedures for the siting of new or expanded solid waste disposal facilities and hazardous waste facilities under s. 144.44 , 1979 stats., and s. 144.64 , 1979 stats., are not adequate to resolve many of the conflicts which arise during the process of establishing such facilities.
(2)Legislative intent. It is the intent of the legislature to create and maintain an effective and comprehensive policy of negotiation and arbitration between the applicant for a license to establish either a solid waste disposal facility or a hazardous waste treatment, storage or disposal facility and a committee representing the affected municipalities to assure that:
(a)Arbitrary or discriminatory policies and actions of local governments which obstruct the establishment of solid waste disposal facilities and hazardous waste facilities can be set aside.
(b)The legitimate concerns of nearby residents and affected municipalities can be expressed in a public forum, negotiated and, if need be, arbitrated with the applicant in a fair manner and reduced to a written document that is legally binding.
(c)An adequate mechanism exists under state law to assure the establishment of environmentally sound and economically viable solid waste disposal facilities and hazardous waste facilities.
(3)Definitions. In this section:
(a)“Applicant” means a person applying for a license for or the owner or operator of a facility.
(b)“Board” means the waste facility siting board.
(c)“Facility” means a solid waste disposal facility or a hazardous waste facility.
(d)“Local approval” includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73 , 2007 stats., s. 59.03
(2), 59.11
(5), 59.42
(1), 59.48 , 59.51
(1)and
(2), 59.52
(2),
(5),
(6),
(7),
(8),
(9),
(11),
(12),
(13),
(15),
(16),
(17),
(18),
(19),
(20),
(21),
(22),
(23),
(24),
(25),
(26)and
(27), 59.53
(1),
(2),
(3),
(4),
(5),
(7),
(8),
(9),
(11),
(12),
(13),
(14),
(15),
(19),
(20)and
(23), 59.535
(2),
(3)and
(4), 59.54
(1),
(2),
(3),
(4),
(4m),
(5),
(6),
(7),
(8),
(10),
(11),
(12),
(16),
(17),
(18),
(19),
(20),
(21),
(22),
(23),
(24),
(25)and
(26), 59.55
(3),
(4),
(5)and
(6), 59.56
(1),
(2),
(4),
(5),
(6),
(7),
(9),
(10),
(11),
(12),
(12m),
(13)and
(16), 59.57
(1), 59.58
(1)and
(5), 59.62 , 59.69 , 59.692 , 59.693 , 59.696 , 59.697 , 59.698 , 59.70
(1),
(2),
(3),
(5),
(7),
(8),
(9),
(10),
(11),
(21),
(22)and
(23), 59.79
(1),
(2),
(3),
(5),
(7),
(8), and
(10), 59.792
(2)and
(3), 59.80 , 59.82 , 60.10 , 60.22 , 60.23 , 60.54 , 60.77 , 61.34 , 61.35 , 61.351 , 61.353 , 61.354 , 62.11 , 62.23 , 62.231 , 62.233 , 62.234 , 66.0101 , 66.0415 , 87.30 , 196.58 , 200.11
(8), 236.45 , 281.43 or 349.16 , subch. VIII of ch. 60 , or subch. III of ch. 91 .
(e)“Local committee” means the committee appointed under sub.
(7).
(f)“Participating municipality” means an affected municipality which adopts a siting resolution and appoints members to the local committee.
(fm)“Preexisting local approval” means a local approval in effect at least 15 months prior to the submission to the department of either a feasibility report under s. 289.23 or an initial site report, whichever occurs first.
(g)“Siting resolution” means the resolution adopted by an affected municipality under sub.
(a).
(4)Rules. The board may promulgate rules necessary for the implementation of this section.
(5)Applicability of local approvals.