289.23

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289.23 Feasibility report required; distribution; public notice.

289.23(1)

(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.

289.23(2)

(2) Local approval application prerequisite. No person subject to § 289.33 may submit a feasibility report until the latest of the following periods:

289.23(2)(a)

(a) At least 120 days after the person submits applications for all applicable local approvals specified as required by the municipality under § 289.22 (1m).

289.23(2)(b)

(b) At least 120 days after the receipt by the applicant of a statement by the municipality that there are no applicable local approvals.

289.23(2)(c)

(c) At least 120 days after the deadline for the municipal response under § 289.22 (1m) if the municipality does not respond within that time limit.

289.23(3)

(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 §§ 289.23 to 289.29.

289.23(4)

(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 § 289.33 (6)(b).

289.23(5)

(5) Notification of proposed facility. Immediately upon receipt of a feasibility report the department shall send a notice to the persons specified under § 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.