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

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

287.13(1) (1) Definitions. In this section: 287.13(1)(b) (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. 287.13(1)(d) (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. 287.13(1)(e) (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. 287.13(1)(f) (f) “Local unit of government” includes a county, city, village, town, school district, county utility district, sanitary district or metropolitan sewerage district. 287.13(1)(g) (g) “Person” includes individuals, partnerships, associations, limited liability companies, corporations and local units of government. 287.13(1)(h) (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. 287.13(1)(i) (i) “Sewage or industrial waste sludge” means the residue material resulting from the treatment of sewage or industrial waste water. 287.13(2) (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: 287.13(2)(a) (a) The municipality adopts an initial intent resolution. 287.13(2)(b) (b) The municipality prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department. 287.13(2)(c) (c) The municipality determines that required usage of the facility is in the best public interest. 287.13(2)(d) (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. 287.13(2)(e) (e) The municipality adopts a valid solid waste flow control ordinance and issues a required use order. 287.13(3) (3) Required use; joint implementation procedure. Two or more municipalities may enter into an agreement 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 municipalities which enter into this type of agreement 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 those municipalities which is not exempt under sub. (5) if: 287.13(3)(a) (a) Each of the municipalities adopts an initial intent resolution. 287.13(3)(b) (b) The municipality which is responsible for the facility prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department. 287.13(3)(c) (c) Each of the municipalities determines that the required use is in the best public interest. 287.13(3)(d) (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. 287.13(3)(e) (e) Each of the municipalities adopts a valid solid waste flow control ordinance and issues a required use order. 287.13(4) (4) Required use; conflicts between municipalities. 287.13(4)(a) (a) Conflicts in nonpopulous counties. If one municipality has a valid initial intent resolution, no other municipality may adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the first municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict. This paragraph is not applicable to a county with a population of 750,000 or more or to any municipality in this type of county. 287.13(4)(b) (b) Conflicts in a populous county. 287.13(4)(b)1. 1. If a city, a village or a town which is a municipality in a county with a population of 750,000 or more has a valid initial intent resolution, the county may not adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the city, a village or a town which is a municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict. 287.13(4)(b)2. 2. An initial intent resolution for a county with a population of 750,000 or more is not valid for a city, a village or a town which is a municipality in that county if the city, a village or a town which is a municipality adopts a resolution of refusal to participate in a county waste flow control program within 6 weeks after the county initial intent resolution is adopted and if the city, a village or a town which is a municipality adopts an initial intent resolution of its own within 3 months after the county initial intent resolution is adopted. 287.13(5) (5) Exemption for certain solid wastes. A municipality may not require the use of a facility for: 287.13(5)(a) (a) Solid waste produced by a retail business, commercial business or industry which is privately processed and reused. 287.13(5)(b) (b) Solid waste consisting of scrap, new material or used material which is separated from other waste for sale, reuse or recycling. 287.13(5)(c) (c) Solid waste from a single-family dwelling which is disposed of on or held for disposal on land surrounding the dwelling by a person who owns or leases and occupies the dwelling and owns or leases the surrounding land. 287.13(5)(d) (d) Solid waste which is sewage or industrial waste sludge. 287.13(5)(e) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3) , or a mining waste site, as defined in s. 295.41 (31) , covered by a mining permit under s.