LRB-4676/1
RCT:kmg:ch
1999 - 2000 LEGISLATURE
March 8, 2000 - Introduced by Senators Lazich and Schultz, cosponsored by
Representatives Gundrum, Musser and Black. Referred to Committee on
Agriculture, Environmental Resources and Campaign Finance Reform.
SB457,1,4
1An Act to amend 289.28 (1) (a) and 289.29 (1) (d) of the statutes;
relating to:
2excluding areas outside of this state in determining a service area for assessing
3the need for a proposed solid waste disposal facility or hazardous waste facility
4and the design capacity of such a facility.
Analysis by the Legislative Reference Bureau
Under current law, as part of the process for approving a solid waste disposal
facility or hazardous waste facility, the department of natural resources (DNR) must
generally determine whether there is a need for the facility. In considering whether
there is a need for a facility, DNR determines an approximate service area for the
facility and determines the quantity of waste suitable for disposal in the facility that
is generated within that service area. If DNR determines that there is insufficient
need for the facility, the facility may not be constructed. Current law also prohibits
DNR from approving a facility if the design capacity of the facility exceeds the waste
expected to be disposed of at the facility within 15 years after the facility begins
operation.
This bill prohibits DNR from including any area outside of this state in
determining a service area for a proposed solid waste disposal facility or hazardous
waste facility when determining the need for the proposed facility. The bill also
specifies that DNR may not approve a facility if the design capacity of the facility
exceeds the amount of waste generated within the anticipated service area that is
expected to be disposed of at the facility within 15 years after the facility begins
operation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB457, s. 1
1Section
1. 289.28 (1) (a) of the statutes is amended to read:
SB457,2,42
289.28
(1) (a) An approximate service area for the proposed facility
which that 3takes into account the economics of waste collection, transportation and disposal
but
4that does not include any area outside of this state.
SB457, s. 2
5Section
2. 289.29 (1) (d) of the statutes is amended to read:
SB457,2,146
289.29
(1) (d) The department may not approve a feasibility report for a solid
7or hazardous waste disposal facility unless the design capacity of that facility does
8not exceed the
expected amount of waste
generated within the anticipated service
9area under s. 289.28 (1) (a) that is expected to be disposed of at that facility within
1015 years after that facility begins operation. The department may not approve a
11feasibility report for a solid or hazardous waste disposal facility unless the design
12capacity of that facility exceeds the expected waste to be disposed of at that facility
13within 10 years after that facility begins operation except that this condition does not
14apply to the expansion of an existing facility.
