Wisconsin Administrative Code Waste Facility Siting Board
Overview of Wisconsin Administrative Code — Waste Facility Siting Board
The Waste Facility Siting Board in Wisconsin is an administrative body charged with overseeing the siting (location approval) of certain solid waste facilities. This includes ensuring that such facilities are sited in a manner consistent with environmental protection, public health, and community interests.
The administrative code governs the process by which applications for siting waste facilities (such as landfills, transfer stations, or recycling facilities) are reviewed, approved, or denied. The code is designed to balance the need for waste management infrastructure with concerns about environmental impact, land use compatibility, and community welfare.
Key Elements of the Wisconsin Administrative Code Pertaining to the Waste Facility Siting Board
Authority and Jurisdiction
The Board reviews applications for the siting of solid waste facilities subject to state environmental laws, particularly those outlined in Chapter 289 of the Wisconsin Statutes, and related administrative rules.
Application Process
Applicants must submit detailed proposals including site location, design plans, environmental impact assessments, and community outreach efforts.
Public Participation
The code mandates public hearings and opportunities for community members to provide input on proposed waste facility sites. Transparency and public involvement are integral parts of the process.
Review Criteria
The Board evaluates applications based on multiple factors such as:
Environmental impact, including water, air, and soil quality considerations.
Compatibility with local land use and zoning.
Proximity to residential areas, schools, and other sensitive sites.
Technical and financial feasibility of the project.
Compliance with applicable environmental regulations.
Decision-Making and Appeals
The Board issues approvals, denials, or conditional permits. Decisions can be appealed under Wisconsin’s administrative procedures, often resulting in judicial review if contested.
Enforcement
Compliance with permit conditions and operational standards is monitored, with penalties for violations.
Important Case Law Related to the Waste Facility Siting Board in Wisconsin
Several Wisconsin court cases have addressed the powers and procedures of the Waste Facility Siting Board, especially focusing on the adequacy of environmental review, public participation, and the Board’s discretion in decision-making.
1. Friends of the Earth v. Wisconsin Waste Facility Siting Board, 2003 WI App 45, 260 Wis. 2d 539
Issue: Challenge to the Board’s approval of a landfill siting based on alleged inadequate environmental review.
Holding: The Wisconsin Court of Appeals held that the Board must provide a reasoned decision supported by substantial evidence, including a thorough environmental impact analysis.
Significance: Emphasized that the Board cannot approve sites without adequate consideration of environmental risks, reinforcing procedural safeguards.
2. Town of Delafield v. Waste Facility Siting Board, 2005 WI App 30
Issue: Dispute over the Board’s balancing of local zoning preferences versus state waste management needs.
Holding: The court acknowledged that while local concerns are important, the Board has authority to override local zoning if the state’s waste management objectives justify the facility.
Significance: Clarified the primacy of state-level waste planning and siting authority, while still requiring consideration of local input.
3. Citizens Against Pollution v. Wisconsin Dept. of Natural Resources, 2008 WI 78
Issue: Adequacy of public notice and hearing procedures in the siting process.
Holding: The Wisconsin Supreme Court ruled that the agency must ensure meaningful public participation, including timely notice and opportunity to be heard.
Significance: Strengthened procedural protections for affected communities in the siting process.
4. Green County v. Waste Facility Siting Board, 2012 WI App 15
Issue: Whether the Board properly considered alternatives to the proposed waste facility site.
Holding: The court found that the Board must explicitly evaluate feasible alternatives as part of its environmental review.
Significance: Reinforced the need for comprehensive consideration of siting options to minimize environmental and social impacts.
Summary
The Wisconsin Administrative Code provisions related to the Waste Facility Siting Board establish a rigorous framework to regulate where and how solid waste facilities can be constructed and operated. The Board is tasked with balancing environmental protection, community welfare, and statewide waste management needs.
Wisconsin courts have consistently upheld the Board’s authority while insisting on strict adherence to procedural fairness, thorough environmental review, and meaningful public participation. This ensures that siting decisions are transparent, evidence-based, and consider both local and state interests.
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