CCR1990028COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #28-90
RESOLUTION AS TO ASSEMBLY BILL #689
(Number Of Solid Waste Disposal Facilities in a Community)
WHEREAS, AB 689 has been drafted to limit the number of landfills
in a third-class city, and
WHEREAS, the City of Muskego has two active landfills and a third
landfill in the siting process, and
WHEREAS, the present siting law allows for the overriding of
local control, and
WHEREAS, the undeveloped areas of the City are potential landfill
sites due to Muskego’s proximity to a large metropolitan area and
the clay nature of the soil, and
WHEREAS, the placing of landfills in a community has a direct
impact on adjacent property owners and has a socio/economic
impact on the community due to the image it portrays, and
WHEREAS, the present siting law’s ability to override local
zoning should require that the placement of landfills be
distributed fairly.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby express their support of the adoption
of AB 689.
DATED THIS 3+h DAY OF ” 1990.
Mayor Wayne G. Salentine Ald. Patrick A. Patterson
Ald. William T. Simmons Ald. Daniel J. Hilt
Ald. David Taube Ald. Harold L. Sanders
Ald. David J. Sanders Xld. Edwin P. Dumke
ATTEST :
City Clerk a 2/90
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ATTACHMENT TO RESO. #28-90
1989-90 Legislature STATE OF WISCONSIN LRB-3559/2
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1989 ASSEMBLY BILL 689
November 6, 1989 - Introduced by Rnprosontatives LEPAK. PROSSEB, LQFTUS,
WINEKE, OURADA, DLTF, URBAN, Om, JOHNSRUD and WELCH. cosponsored by
Sena1:or ADELMAN. Roforrcd to Committee on Environnrantal Rasaurcoa
and Utilities.
AN ACT to rcnunlbnr 144.44 (1) (e); and to creete 144.44 (1) (a) and 1L14.44
(2) (nu) of the ritatuLcs, rclatinn to the number of solid uustn die-
pose1 facilities in a community.
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Amlysis. by the Legiblatjve Rsfarenco Bureau
solid waste disposal facllfty. Ono requirement for that npproval is that
Currellt law provjdes a procedure for clre approve1 of construction of a
the deparmnnt of natural resources (DNR) issue a favorsblr determination
of Iessitljlity for Lhe facility. This bill prohibits, wit11 specified
exceptions, llNK from issuing a favorable doterminotion of feasibility for
0 solid wasto disposnl facility proyosod to bo Iocatcd it1 A 3rd cl~ss city
onerelion.
in which 2 or more solid WQStR disposal feciliLlor aro already in
For further infornlntlon see rho stam and local fiscal omtirnatn, which
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-.- ...- will be printed as an eppendix LO thlr bill. .. -"-""".""..."".""".""..."""""".""..""..""."""-
SECTION 1. 144.44 (1) (e) of the stetutes is ronumbored 1L4.44 (1)
(am).
SECTIOS 2. 14b.44 (1) (a) of the 6Latute.s is created to reed:
14L.44 (I) (a) "Approved facility" has the meaning givon in 6.
144.441 (1) (a).
SECTION 3. 14L 44 (2) (nu) of tho ~tatutes is created to road:
144,44 (2) (nu) Haxinlum number of fgc1ll.ties. 1. Except nn provided
in subd 2, chc dcpertmcnt may not issue a favorablo dotarmination of
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1989-90 Legirlnture -2- LWB-~SS~/Z
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fcasililicy for n solid waste djsposal, facility in n 3rd class clty if 2
or more apprnvcd facilities that arc solid waste djsposal facilities ate
in operocjon within the city in which the 601id waste disposal frcility is
proposed to ha locatod. '
2, The prohibition in subd. 1 does not apply Lo an expansion of or
addition to an existing approved ,facility .that is a solid waste disposal
facility by the omer or opc.rator of thc existing approvod facility on
proparty that is contiguous to the properry.on which the existing approved
facility lr located and rhat is orsnltd or under option to lease ot purchase
by the omer or operator of the existing approved facility.
SECTION l, 1NITIAI. APpLICADILITY. .This act. first applies to solid
wastc disposal fncilities for which the department of natural resources
has not yct issued the determination o€ feasibility under section lLh.44
(2) of the stacutcs on the effective date of this SECTION.
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