reglab/housing_qa huggingface dataset:
WI Stat § 289.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.06 - Department duties.

289.06  Department duties. The department shall: (1) Promulgate rules implementing and consistent with this chapter and ss. 292.31 and 292.35. (2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and ss. 292.31 and 292.35. (3) Encourage local units of government to handle solid waste disposal problems within their respective jurisdictions and on a regional basis, and provide technical and consultative assistance for that purpose. (4) Collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and ss. 292.31 and 292.35. (5) Organize a comprehensive and integrated program to enhance the quality, management and protection of the state's land and water resources. (6) Provide technical assistance for the closure of a solid waste disposal facility that is a nonapproved facility.History:  1995 a. 227 s. 522, 991.
WI Stat § 289.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.07 - Department powers.

289.07  Department powers. The department may: (1) Hold hearings relating to any aspect of the administration of this chapter and ss. 292.31 and 292.35 and, in connection therewith, compel the attendance of witnesses and the production of evidence. (2) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise. (3) Advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups. (4) Conduct or direct scientific experiments, investigations, demonstration grants and research on any matter relating to solid waste disposal, including, but not limited to, land fill, disposal and utilization of junked vehicles, and production of compost.History:  1995 a. 227 ss. 523, 525, 632.
WI Stat § 289.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.08 - Duties of metallic mining council.

289.08  Duties of metallic mining council. (1) The metallic mining council shall advise the department on the implementation of ss. 289.05, 289.21 to 289.32, 289.34, 289.42, 289.43, 289.46, 289.47, 289.62 to 289.64, 289.67, 289.68 and 292.31 and chs. 291 and 293 as those sections and chapters relate to metallic mining in this state. (2) The council shall serve as an advisory, problem-solving body to work with and advise the department on matters relating to the reclamation of mined land in this state and on methods of and criteria for the location, design, construction and operation and maintenance of facilities for the disposal of metallic mine-related wastes. (3) All rules proposed by the department relating to the subjects specified in this section shall be submitted to the council for review and comment prior to the time the rules are proposed in final draft form by the department. The department shall transmit the written comments of all members of the council submitting written comments with the summary of the proposed rules to the presiding officer of each house of the legislature under s. 227.19 (2). (4) Written minutes of all meetings of the council shall be prepared by the department and made available to all interested parties upon request.History:  1979 c. 355; 1981 c. 374 s. 148; 1983 a. 410 s. 2202 (38); 1985 a. 182; 1995 a. 227 s. 629; Stats. 1995 s. 289.08.
WI Stat § 289.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.10 - County solid waste management plans.

289.10  County solid waste management plans. (1) Each county board individually or jointly with another county board may prepare and adopt a county solid waste management plan consistent with state criteria. (2) All county plans shall be submitted to the department for review. Within 90 days after submittal, the department shall approve or disapprove the plans. During its review, the department shall consult with the appropriate regional planning commission or other planning agency to determine whether any facility use and operation is in conflict with any plans adopted by such agency. (3) The department shall by rule adopt county solid waste management criteria for the development of the plans permitted under this section.History:  1971 c. 130; 1973 c. 305; 1975 c. 20; 1977 c. 377; 1979 c. 34 s. 984rt; Stats. 1979 s. 144.437; 1981 c. 374 s. 148; 1983 a. 27; 1995 a. 227 s. 536; Stats. 1995 s. 289.10; 1997 a. 35.
WI Stat § 289.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.11 - Federal aid.

289.11  Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the development and administration of programs related to solid waste facilities if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of this chapter and any other applicable requirements of law.History:  1979 c. 34; 1981 c. 374 s. 148; 1995 a. 227 s. 527; Stats. 1995 s. 289.11.
WI Stat § 289.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.12 - Landfill official liability.

289.12  Landfill official liability. (1) Definition. As used in this section, “landfill official" means any officer, official, agent or employee of the state, a political corporation, governmental subdivision or public agency engaged in the planning, management, operation or approval of a solid or hazardous waste disposal facility. (2)  Exemption from liability. A landfill official is immune from civil prosecution for good faith actions taken within the scope of his or her official duties under this chapter or ch. 291 or 292.History:  1983 a. 410; Stats. 1983 s. 144.795; 1983 a. 538 s. 158; Stats. 1983 s. 144.446; 1995 a. 227 s. 627; Stats. 1995 s. 289.12.
WI Stat § 289.21 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.21 - Initial site report.

289.21  Initial site report. (1) Initial site report required. Prior to constructing a landfill, the person who seeks to construct the facility shall submit to the department an initial site report. The department shall specify by rule the minimum contents of an initial site report. (2)  Determination if initial site report is complete. Within 30 days after an initial site report is submitted, the department shall either determine that the initial site report is complete or notify the applicant in writing that the initial site report is not complete and specify the information which is required to be submitted before the initial site report is complete. The department shall notify the applicant in writing when the initial site report is complete.History:  1995 a. 227 s. 543.
WI Stat § 289.22 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.22 - Local approval.

289.22  Local approval. (1) Definition. In this section, “local approval" has the meaning specified under s. 289.33 (3) (d). (1m)  Application for local approvals required. Prior to constructing a solid waste disposal facility or hazardous waste facility, the applicant shall submit a written request for the specification of all applicable local approvals to each affected municipality. Within 15 days after the receipt of a written request from the applicant, a municipality shall specify all local approvals for which applications are required or issue a statement that there are no applicable local approvals. Prior to constructing a solid waste disposal facility or a hazardous waste facility, the applicant shall apply for each local approval required to construct the waste handling portion of the facility. (2)  Standard notice. The waste facility siting board shall develop and print a standard notice designed to inform an affected municipality of the time limits and requirements for participation in the negotiation and arbitration process under s. 289.33. An applicant shall submit a copy of this standard notice, if it has been printed, with any written request submitted under sub. (1m). (3)  Attempts to obtain local approvals required. Following applications for local approvals under sub. (1m) and prior to submitting a feasibility report, any applicant subject to s. 289.33 shall undertake all reasonable procedural steps necessary to obtain each local approval required to construct the waste handling portion of the facility except that the applicant is not required to seek judicial review of decisions of the local unit of government. (4)  Waiver of local approvals. If a local approval precludes or inhibits the ability of the applicant to obtain data required to be submitted under s. 289.21 (1) or in a feasibility report or environmental impact report, the applicant may petition the department to waive the applicability of the local approval to the applicant. If a petition is received, the department shall promptly schedule a hearing on the matter and notify the local government of the hearing. If the department determines at the hearing that the local approval is unreasonable, the department shall waive the applicability of the local approval to the applicant. (5)  Compliance required. Except as provided under sub. (4), no person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of subs. (1m) and (3).History:  1995 a. 227 s. 545; 2015 a. 197 s. 51.
WI Stat § 289.23 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.23 - Feasibility report required; distribution; public notice.

289.23  Feasibility report required; distribution; public notice. (1) Feasibility report required. Prior to constructing a solid waste disposal facility or a hazardous waste facility the person who seeks to construct the facility shall submit to the department a feasibility report. (2)  Local approval application prerequisite. No person subject to s. 289.33 may submit a feasibility report until the latest of the following periods:(a) At least 120 days after the person submits applications for all applicable local approvals specified as required by the municipality under s. 289.22 (1m).(b) At least 120 days after the receipt by the applicant of a statement by the municipality that there are no applicable local approvals.(c) At least 120 days after the deadline for the municipal response under s. 289.22 (1m) if the municipality does not respond within that time limit. (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 ss. 289.23 to 289.29. (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. 289.33 (6) (b). (5)  Notification of proposed facility. Immediately upon receipt of a feasibility report the department shall send a notice to the persons specified under 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.History:  1995 a. 227 s. 547, 549, 551.
WI Stat § 289.25 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.25 - Environmental review.

289.25  Environmental review. (1) Preliminary determination if environmental impact statement is required. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5). (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. 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 sub. (3) and 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, and shall publish the notice on its Internet website. 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 ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet website shall be considered the date of notice.History:  1995 a. 227 ss. 552, 991; 2011 a. 167; 2017 a. 365 s. 112.
WI Stat § 289.26 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.26 - Informational hearing.

289.26  Informational hearing. (1) Request for an informational hearing. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under 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. (2)  Applicability. This section applies if no request for the treatment of the hearing as a contested case is granted and if:(a) An informational hearing is requested under sub. (1) within the 30-day or 45-day period; or(b) No hearing is requested under sub. (1) within the 30-day or 45-day period but the department determines that there is substantial public interest in holding a hearing. (3)  Nonapplicability; hearing conducted as a part of certain mining hearings. Notwithstanding sub. (2) this section does not apply if a hearing on the feasibility report is conducted as a part of a hearing under s. 293.43 and the time limits, notice and hearing provisions in that section supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3) and this section. (4)  Informational hearing. The department shall conduct the informational hearing within 60 days after the expiration of the 30-day or 45-day period under sub. (1). The department shall conduct the informational hearing in an appropriate place designated by the department in a county, city, village or town which would be substantially affected by the operation of the proposed facility. (5)  Issuance of final determination of feasibility. Except as provided under s. 289.29 (5), the department shall issue a final determination of feasibility within 60 days after the informational hearing under this section is adjourned.History:  1995 a. 227 ss. 553, 563, 991.
WI Stat § 289.27 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.27 - Contested case hearing.

289.27  Contested case hearing. (1) Request for treatment as a contested case. Within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under 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 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:(a) A substantial interest of the person requesting the treatment of the hearing as a contested case is injured in fact or threatened with injury by the department's action or inaction on the matter;(b) The injury to the person requesting the treatment of the hearing as a contested case is different in kind or degree from injury to the general public caused by the department's action or inaction on the matter; and(c) There is a dispute of material fact. (2)  Applicability. This section applies only if a person requests the treatment of the hearing as a contested case under sub. (1) within the 30-day or 45-day period and has a right to a hearing under that subsection. Any denial of a request for the treatment of the hearing as a contested case received within the 30-day or 45-day period under sub. (1) shall be in writing, shall state the reasons for denial and is an order reviewable under ch. 227. If the department does not enter an order granting or denying the request for the treatment of the hearing as a contested case within 20 days after the written request is filed, the request is deemed denied. (3)  Nonapplicability. Notwithstanding sub. (2), this section does not apply if a hearing on the feasibility report is conducted as a part of a hearing under s. 293.43 and the time limits, notice and hearing provisions under that section supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3) and this section. (4)  Time limits. Except as provided under s. 289.29 (5):(a) The division of hearings and appeals in the department of administration shall schedule the hearing to be held within 120 days after the expiration of the 30-day or 45-day period under sub. (1).(b) The final determination of feasibility shall be issued within 90 days after the hearing is adjourned. (5)  Determination of need; decision by hearing examiner. If a contested case hearing is conducted under this section, the secretary shall issue any decision concerning determination of need, notwithstanding s. 227.46 (2) to (4). The secretary shall direct the hearing examiner to certify the record of the contested case hearing to him or her without an intervening proposed decision. The secretary may assign responsibility for reviewing this record and making recommendations concerning the decision to any employee of the department.History:  1995 a. 227 s. 554, 565, 991.
WI Stat § 289.28 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.28 - Determination of need.

289.28  Determination of need. (1) Determination of need; issues considered. A feasibility report shall contain an evaluation to justify the need for the proposed facility unless the facility is exempt under sub. (2). The department shall consider the following issues in evaluating the need for the proposed facility:(a) An approximate service area for the proposed facility which takes into account the economics of waste collection, transportation and disposal.(b) The quantity of waste suitable for disposal at the proposed facility generated within the anticipated service area.(c) The design capacity of the following facilities located within the anticipated service area of the proposed facility:1. Approved facilities, including the potential for expansion of those facilities on contiguous property already owned or controlled by the applicant.2. Nonapproved facilities which are environmentally sound. It is presumed that a nonapproved facility is not environmentally sound unless evidence to the contrary is produced.3. Other proposed facilities for which feasibility reports are submitted and determined to be complete by the department.4. Facilities for the recycling of solid waste or for the recovery of resources from solid waste which are licensed by the department.5. Proposed facilities for the recycling of solid waste or for the recovery of resources from solid waste which have plans of operation which are approved by the department.6. Solid waste incinerators licensed by the department.7. Proposed solid waste incinerators which have plans of operation which are approved by the department.(d) If the need for a proposed municipal facility cannot be established under 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. (2)  Determination of need; exempt facilities. 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. 293.45 or 293.49.(b) Any solid waste disposal facility designed for the disposal of waste generated by a pulp or paper mill. (3)  Issuance of determination of need. Except for a facility which is exempt under sub. (2), the department shall issue a determination of need for the proposed facility at the same time the final determination of feasibility is issued. If the department determines that there is insufficient need for the facility, the applicant may not construct or operate the facility.History:  1995 a. 227 ss. 556, 557, 560, 991.Municipal replacement facilities are not exempt from the needs determination. 77 Atty. Gen. 81.
WI Stat § 289.32 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 289 - Solid waste facilities.|289.32 - Distribution of documents.

289.32  Distribution of documents. One copy of the notice or documents required to be distributed under ss. 289.21 to 289.31 shall be mailed to: (1) The clerk of each affected municipality. (2) The main public library in each affected municipality. (3) The applicant if the notice or document is not required to be distributed by the applicant.History:  1995 a. 227 s. 571.