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(1) Feasibility report required. Prior to constructing a solid waste disposal facility or a hazardous waste facility the person who seeks to construct the facility shall submit to the department a feasibility report.
(2) Local approval application prerequisite. No person subject to s. 289.33 may submit a feasibility report until the latest of the following periods:
(a) At least 120 days after the person submits applications for all applicable local approvals specified as required by the municipality under s. 289.22(1m).
(b) At least 120 days after the receipt by the applicant of a statement by the municipality that there are no applicable local approvals.
(c) At least 120 days after the deadline for the municipal response under s. 289.22(1m) if the municipality does not respond within that time limit.
(3) Compliance required. No person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of ss. 289.23 to 289.29.
(4) Distribution of feasibility report. At the same time an applicant submits a feasibility report to the department, the applicant shall submit a copy of that feasibility report to each participating municipality under s. 289.33(6)(b).
(5) Notification of proposed facility. Immediately upon receipt of a feasibility report the department shall send a notice to the persons specified under s. 289.32 containing a brief description of the proposed facility and a statement that the applicant is required to send a copy of the feasibility report after it is determined to be complete by the department.
Cite this article: FindLaw.com - Wisconsin Statutes Environmental Regulation (Ch. 280 to 299) § 289.23. Feasibility report required; distribution; public notice - last updated January 01, 2018 | https://codes.findlaw.com/wi/environmental-regulation-ch-280-to-299/wi-st-289-23/
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