Wisconsin Administrative Code

WFSB 4.04 Appointment of local committee members. Appointment of local committee members under s. 289.33 (7) (a), Stats., shall be based on land ownership at the time of the standard notice. History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; correction made under s. 13.93 (…

WFSB 4.05 Appointment of additional municipality representative. An additional municipality under s. 289.33 (7n), Stats., shall appoint one member to the local committee. History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., …

WFSB 5.01 Policy and purpose. It is the policy of the state that all departments and agencies of state government shall cooperate with the land conservation board and the department of agriculture, trade and consumer protection in the exchange of information concerning projects a…

WFSB 5.02 Applicant notification to the board. When the applicant submits to the board a copy of the request for specification of all local approvals under s. WFSB 3.03, the applicant shall include a statement to the best of its knowledge if the site of the proposed facility incl…

WFSB 5.03 Board and department notification. If the proposed site includes land upon which there exists farmland preservation agreements, zoning for exclusively agricultural use, or is located in a preservation area identified on a certified county preservation plan, the applican…

WFSB 5.04 Notification, continuing obligation. The applicant has a continuing obligation to notify the board, land conservation board and department of agriculture, trade and consumer protection if, at any time, the applicant has information that the site of the proposed facility…

WFSB 6.01 Public informational hearings; local committee. The local committee may hold public informational hearings at any time concerning the agreement in any town, city or village where all or a portion of the facility is to be located. History: Cr. Register, November, 1984, N…

WFSB 6.02 Submission of agreement to board and department. The applicant shall submit a copy or notice of any negotiated agreement approved by the appropriate governing bodies to the board and the department by mail within 10 days after the agreement is approved. History: Cr. Reg…

WFSB 7.01 Petition. (1) WHO MAY SUBMIT. A petition for the determination of a dispute over the negotiability of an item or items may be submitted by an applicant, local committee or as a joint petition. (2) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and …

WFSB 7.03 Withdrawal of petition. Any petition submitted under this chapter may be withdrawn at any time. If the petition is submitted by both parties, both must consent before withdrawal will be effectuated. If one party wishes to withdraw from a joint petition, it may do so and…

WFSB 7.04 Notice of hearing when issued; contents. Following the submission of a petition and statement in response to the petition, the board shall issue and serve upon each of the parties, a notice of hearing at a fixed place and, except in unusual circumstances, at a time not …

WFSB 7.05 Hearings. (1) WHO SHALL CONDUCT. Hearings may be conducted by any examiner and, at any time, an examiner may be substituted for the examiner previously presiding. (2) SCOPE OF HEARING. The hearing shall be limited by the examiner to the litigation of and oral arguments …

WFSB 7.06 Decision concerning negotiability. Within 14 days after submission of the case, the board shall issue a decision concerning the petition and notify the applicant and local committee of that decision. The date on which the last document necessary to the decision of the c…

WFSB 8.01 Who may act as mediator. A competent, impartial disinterested person designated by the board or selected by the parties may act as the mediator in the dispute. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 8.02 Selection of mediator. The board, after receiving a request for the appointment of a mediator, shall immediately submit to the parties a list of 5 mediators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be …

WFSB 8.03 Function of mediator, effectuate settlement. Upon the consent of the parties to mediation, it shall be the function of the mediator to bring the parties together voluntar- WFSB 8.03 WFSB 8.04 Function of mediator, effectuate settlement. Mediation proceedings. ily under …

WFSB 8.04 Mediation proceedings. (1) NATURE. The mediator may hold separate meetings with the parties or their representatives and such meetings may be closed, pursuant to s. 19.85 (1) (e), Stats. (2) WHEN AND WHERE CONDUCTED. Mediation meetings shall be conducted at such time an…

WFSB 9.01 Petition. (1) WHO MAY FILE. A petition for default may be filed by an applicant or a local committee. (2) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and its caption shall be as follows: STATE OF WISCONSIN BEFORE THE WASTE FACILITY SITING BOARD …

WFSB 9.02 Statement in response to petition. (1) WHO SHALL SUBMIT. The party other than the petitioner shall, within 14 days of the receipt of the petition, submit to the board a statement in response to the petition. (2) FORM, NUMBER OF COPIES, SUBMISSION. The statement in respo…

WFSB 9.03 Withdrawal of petition. Any petition submitted under this chapter may be withdrawn at any time. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 9.04 Notice of hearing; when issued, contents. Following the submission of a petition and statement in response to the petition, the board shall issue and serve upon each of the parties, a notice of hearing at a fixed place and, except in unusual circumstances, at a time not…

WFSB 9.05 Hearings. (1) WHO SHALL CONDUCT. Hearings may be conducted by any examiner and, at any time, an examiner may be substituted for the examiner previously presiding. (2) SCOPE OF HEARING. The hearing shall be limited by the examiner to the litigation of and oral arguments …

WFSB 9.06 Decision concerning default. Within 30 days after submission of the case, the board shall issue a decision concerning the petition and notify the applicant and local committee of that decision. The last date on which objections to the examiner[s proposed decision are al…

WFSB 9.07 Considerations by the board. (1) In making its decision concerning the petition, the board may consider: (a) The length of time which has passed from appointment of local committee members. (b) Whether the local committee has been meeting regularly as a body. (c) The nu…

WFSB 9.08 Cost of hearing. (1) If the board finds default, the party in default shall pay 90% of the cost of the hearing. The petitioner shall pay 10% of the cost. (2) If the board does not find default, the petitioner shall pay 90% of the cost of the hearing. The respondent shal…