289.24 Feasibility report contents; completeness; distribution. (1) CONTENTS OF FEASIBILITY REPORTS; PREPARATION. The department shall specify by rule the minimum contents of a feasibility report and no report is complete unless the specified information is provided by the applicant. In addition to the requirements specified under sub. (2), the rules may specify special requirements for a feasibility report relating to any hazardous waste facility. The department may require a feasibility report to be prepared by a registered professional engineer. A feasibility report shall include: (a) A general summary of the site characteristics as well as any specific data the department requires by rule regarding the site’s topography, soils, geology, groundwaters and surface waters and other features of the site and surrounding area. (b) Preliminary engineering design concepts including the proposed design capacity of the facility and an indication of the quantities and characteristics of the wastes to be treated, stored or disposed. (c) A description of how the proposed facility relates to any applicable county solid waste management plan approved under s. 289.10. (d) A description of the advisory process undertaken by the applicant prior to submittal of the feasibility report to provide information to the public and affected municipalities and to solicit public opinion on the proposed facility. (e) The proposed date of closure for the facility. (f) Sufficient information to make the determination of need
May 22, 2026, are designated by NOTES. (Published 5-22-26)
289.24
SOLID WASTE FACILITIES
for the facility under s. 289.28 unless the facility is exempt under s. 289.28 (2). (g) An analysis of alternatives to the land disposal of waste including waste reduction, reuse, recycling, composting and energy recovery. (h) A description of any waste reduction incentives and recycling services to be instituted or provided with the proposed facility. (2) CERTAIN HAZARDOUS WASTE FACILITIES; ADDITIONAL REQUIREMENTS. A feasibility report for a hazardous waste disposal facility or surface impoundment, as defined in s. 291.37 (1) (d), shall include a list of all persons living within 0.5 mile of the facility and information reasonably ascertainable by the applicant on the potential for public exposure to hazardous waste or hazardous constituents through releases from the facility including, but not limited to, the following: (a) A description of any releases that may be expected to result from normal operations or accidents at the facility, including releases associated with transportation to or from the facility. (b) A description of the possible ways that humans may be exposed to hazardous waste or hazardous constituents as a result of a release from the facility, including the potential for groundwater or surface water contamination, air emissions or food chain contamination. (c) The potential extent and nature of human exposure to hazardous waste or hazardous constituents that may result from a release. (3) DETERMINATION IF A FEASIBILITY REPORT IS COMPLETE. Within 60 days after a feasibility report is submitted, the department either shall determine that the feasibility report is complete or shall notify the applicant in writing that the feasibility report is not complete and specify the information which is required to be submitted before the feasibility report is complete. (4) DISTRIBUTION. Immediately after the applicant receives notification of the department’s determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under s. 289.32. History: 1995 a. 227 s. 550, 991; 1997 a. 35.
289.25
Environmental review. (1) PRELIMINARY DETERMINATION IF ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED. Immediately after the department determines that the feasibility report is complete, the department shall issue a preliminary determination on whether an environmental impact statement is required under s. 1.11 prior to the determination of feasibility. If the department determines after review of the feasibility report that a determination of feasibility cannot be made without an environmental impact statement or if the department intends to require an environmental impact report under s. 23.11 (5), the department shall notify the applicant in writing within the 60-day period of these decisions and shall commence the process required under s. 1.11 or 23.11 (5). (2) ENVIRONMENTAL IMPACT STATEMENT PROCESS. If an environmental impact statement is required, the department shall conduct the hearing required under s. 1.11 (2) (d) in an appropriate place it designates in a county, city, village or town which would be substantially affected by the operation of the proposed facility. The hearing on the environmental impact statement is not a contested case. The department shall issue its determination of the adequacy of the environmental impact statement within 30 days after the close of the hearing. Except as provided under s. 293.43, the department shall complete any environmental impact statement process required under s. 1.11 before proceeding with the feasibility report review process under sub. (3) and ss. 289.26 and 289.27.
Updated 23-24 Wis. Stats.
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(3) NOTIFICATION ON FEASIBILITY REPORT AND PRELIMINARY ENVIRONMENTAL IMPACT STATEMENT DECISIONS. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give notice in the area of the proposed facility, and shall publish the notice on its Internet website. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the notice for a solid waste disposal facility or within 45 days after the notice for a hazardous waste facility is published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32. For the purpose of determining the date on which notice is published under this subsection, the date on which the department first publishes the notice on its Internet website shall be considered the date of notice. History: 1995 a. 227 ss. 552, 991; 2011 a. 167; 2017 a. 365 s. 112.