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

Wis. Stat. § 287.13 — under SOLID WASTE REDUCTION, RECOVERYAND RECYCLING.

Wis. Stat. § 287.13

287.13 (1) (d), only as provided under s. 287.13. History: 1989 a. 335, 359; 1993 a. 116, 406; 1995 a. 201; 1995 a. 227 s. 891; Stats. 1995 s. 287.09; 1997 a. 27; 1999 a. 150 s. 672; 2009 a. 50. Cross-reference: See also ch. NR 544, Wis. adm. code. Section 59.07 (135) (L) [now s. 59.70 (2) (L)] authorizes counties that are “responsible units of government” under s. 159.01 [now s. 287.01] to levy taxes for capital and operating expenses incurred in the operation of the county’s recycling program only upon local governments that are not “responsible units of govern-

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ment.” Counties may levy taxes for both operating and capital expenses incurred in connection with any other form of solid waste management activity only on local governments participating in that activity. 80 Atty. Gen. 312. Chapter 287 provides no authority for a local municipal member of a county responsible unit (RU) to leave the RU more than 90 days after the date that the RU was formed or for a county RU to dissolve. Neither the Department of Natural Resources nor county or local governments may establish such procedures through rulemaking or ordinance. An RU may, however, contract with other permissible entities for the handling of its waste management obligations pursuant to sub. (1) (d). OAG 8-14.