Wisconsin Administrative Code Waste Facility Siting Board
Here’s a comprehensive overview of the Wisconsin Administrative Code related to the Waste Facility Siting Board:
🧑⚖️ 1. Statutory Authority
The Board operates under Wis. Stat. ch. 289, Subchapter III. Section 289.33 establishes a framework for negotiation and arbitration between waste facility applicants and local municipal leaders. Key legislative goals include resolving conflicts around siting facilities, balancing environmental protection with municipal concerns, and ensuring fair, binding agreements (docs.legis.wisconsin.gov).
📘 2. Scope of the Administrative Code (WFSB 1–12)
WFSB 1.01 Authority: Chapters 1–12 are promulgated under the statutory authority granted by s. 289.33(4) Wis. Stats. (casetext.com).
WFSB 1.02 Purpose & Construction: These chapters govern all negotiation/arbitration proceedings before the Board or its examiners. The rules are to be “liberally construed” to implement legislative intent, and examiners may waive procedural rules unless a party is prejudiced (law.cornell.edu).
WFSB 1.03 Policy: Emphasizes the state’s commitment to a “comprehensive policy of negotiation and arbitration” and encourages examiners to resolve disputes amicably (casetext.com).
🛠 3. Procedures & Special Rules
WFSB 2.01 General Rules: Chapter 2 sets out general procedural rules applicable to all case types (negotiations, hearings, etc.) (casetext.com).
Chapters 3–11 contain specialized provisions tailored to different stages—such as feasibility reviews, mediation, arbitration, public hearings, or contested case proceedings.
👥 4. Composition & Role of the Board
The Board comprises six members: three department secretaries (or designees) from Agriculture, Trade & Consumer Protection; Safety & Professional Services; Transportation; plus two town officials and one county official, all appointed to three-year terms by the Governor (doa.wi.gov).
The Board’s main role is to initiate negotiations and, if necessary, arbitrate disputes between facility applicants and affected local committees (doa.wi.gov).
📋 5. Negotiation & Arbitration Process
Outlined in Wis. Stat. § 289.33, implemented through WFSB chapters:
Initiation: Applicant applies for local approvals; Board issues standard notices and convenes negotiation (docs.legis.wisconsin.gov).
Negotiation: Local committees and applicants attempt to agree on siting terms, covering social, environmental, and economic factors.
Mediation: If informal resolution fails, mediation is facilitated by examiners under Board rules.
Arbitration: Binding arbitration conducted by an examiner is the final step—Board enforces the arbitrated agreement (doa.wi.gov).
🗂 6. Interaction with DENR Licensing
The Board’s arbitration mechanism runs in parallel with the Department of Natural Resources (DNR) licensing and environmental reviews. The DNR oversees technical matters like locational criteria and environmental standards, while the WFSB handles local approval disputes (dnr.wisconsin.gov).
📄 7. Code Structure Summary
| Section | Content |
|---|---|
| WFSB 1.01–1.03 | Authority, purpose, policy |
| WFSB 2.01 | General procedural rules |
| WFSB 3–11 | Topic-specific provisions (negotiation timeline, hearings, arbitration) |
| WFSB 12 | Administrative details (not always cited but typically includes forms) |
✅ 8. Why This Matters
Ensures local participation and transparency in facility siting
Balances environmental safeguards with municipal concerns
Promotes structured conflict resolution, reducing litigation burdens
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