Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I I I I I ! I i I I I I I 26 If the landfill 'is clo~.ed for the 20 or 30 year period, the ~'sta'te is responsible for its long-term care and the WMF is in.effect immediately. Older waste disposal facilities are not covered by the WMF. They are liable under common law. There is a movement in the legislature to estab- lish strict liability for many of the so called "orphan" landfills in the .state and to establish a fund to care for these with a 20 to 30 cent per ton disposal fee. DAMAGE TO WATER SUPPLIES Thelaw was recently amended to include two methods of replacing polluted water supplies. Under one, a landowner may file a claim with the local unit of government (municipality or township) that his or her drinking waster is contaminated. The city is required to provide a potable water supply to the resident once the claim is filed. The DNR must determine whether the landfill caused the pollution. If so, the landfill owner or operator must reimburse the city or. town for its costs. If the landfill was not responsible, the city or town can assess the property to recover its costs. The second method is where the DNR finds that a well is unfit for human consumption and may order the landfill to treat, repair or replace the well or water supply i.f ~h~ occ~rrenc.~ was. anticipated in the ..pljn of ~peration. If the pollution was not anticipated in the plan of opera- ~ion, the WMF pays for~the costs of repairing or replacing the well or treating the water. ALLEGED OR POTENTIAL ENVIRONMENTAL POLLUTION Wisconsin law also provides for six or more citizens to file a complaint against a facility for an alledged or potential pollution problem. The DNR must hold a hearing and file its findings of fact and conclusions of law and order. If DNR determines the complaint was filed maliciously or in bad faith, the DNR may issue a finding to that effect and the person complained against is entitled to recover expenses fo? the hearing in civil action. NEGOTIATION AND ARBITPJkTION PROCESS FOR NEW FACILITIES Wisconsin has a law that establishes a negotiation and arbitration process between, applicants for a license to establish a solid waste disposal facility and the affected municipality to assure: 1) establishment of waste facilities are not arbitrarily blocked by the local unit of govern- ment; 2) legitimate concerns of residents of the city are addressed; and 3) an adequate mechanism exists to establish waste facilities. The applicant and the city may negotiate any subject except any..proposal to make the applicant's responsibilities less stringent or the need for the facility. Only the following items are subject to arbitration: 1. Compensation to persons for economic impacts resulting from the facility, including insurance and damages not covered by the WMF; 2. Reimbursement of reasonable costs incurred by the city for negotiations;