289.34 Noncompliance with plans or orders.
(1) In this section, “applicant" means any natural person, partnership, association or body politic or corporate that seeks to construct a solid waste disposal facility or hazardous waste facility under ss. 289.21 to 289.32.
(2) The department may not issue a favorable determination of feasibility, approve a plan of operation or issue an operating license for a solid waste disposal facility or hazardous waste facility if the applicant or any person owning a 10 percent or greater legal or equitable interest in the applicant or the assets of the applicant either:
(a) Is named in and subject to a plan approved, or an order issued, by the department regarding any solid waste facility or hazardous waste facility in this state and is not in compliance with the terms of the plan or order; or
(b) Owns or previously owned a 10 percent or greater legal or equitable interest in a person or the assets of a person who is named in and subject to a plan approved, or an order issued, by the department regarding any solid waste facility or hazardous waste facility in this state and the person is not in compliance with the terms of the plan or order.
(3) Subsection (2) does not apply if the person named in and subject to the plan or order provides the department with proof of financial responsibility ensuring the availability of funds to comply with the plan or order using a method under s. 289.41.
History: 1995 a. 227 s. 572.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 289 - Solid waste facilities.
289.05 - Solid waste management standards.
289.08 - Duties of metallic mining council.
289.09 - Confidentiality of records.
289.10 - County solid waste management plans.
289.12 - Landfill official liability.
289.23 - Feasibility report required; distribution; public notice.
289.24 - Feasibility report contents; completeness; distribution.
289.25 - Environmental review.
289.26 - Informational hearing.
289.27 - Contested case hearing.
289.28 - Determination of need.
289.29 - Determination of feasibility.
289.32 - Distribution of documents.
289.33 - Solid and hazardous waste facilities; negotiation and arbitration.
289.34 - Noncompliance with plans or orders.
289.35 - Shoreland and floodplain zoning.
289.36 - Acquisition of property by condemnation.
289.41 - Financial responsibility.
289.42 - Operation of facilities.
289.44 - Exemption for certain alcohol fuel production systems.
289.445 - Exemption for certain fruit and vegetable washing facilities.
289.46 - Transference of responsibility.
289.51 - Solid waste open burning standards.
289.53 - Commercial PCB waste storage and treatment facilities.
289.54 - Disposal of certain dredged materials.
289.57 - Disposal and treatment records.
289.59 - Disposal and burning of low-level radioactive waste.
289.61 - License and review fees.
289.63 - Groundwater and well compensation fees.
289.64 - Solid waste facility siting board fee.
289.67 - Environmental repair fee and surcharge.
289.68 - Payments from the waste management fund and related payments.
289.92 - Review of alleged violations.