Opinion No. Oag 16-88, (1988)

CAL W. KORNSTEDT, Corporation Counsel Dane County

You have requested my opinion on the meaning of section 144.44 (2)(nm)4., Stats., relating to the application of the so-called "needs" determination to the replacement of existing municipal solid waste disposal facilities. Specifically. you ask whether a municipality is exempt from the needs determination if it is applying for a facility to replace an existing facility. It is my opinion that proposed municipal solid waste disposal facilities are not exempt from the needs determination. It is further my opinion that the Department of Natural…