That was the question put to the village board on April 16th in response to communication from Scenic Pit, L.L.C. on March 5, 2015 indicating their intention to seek approval for a "landfill" or otherwise defined as a "solid waste facility" under Wisconsin State Statutes.
The following is a summary of those letters:
Atty. for Scenic Pit L.L.C. was seeking clarification from DNR regarding how Scenic Pit would be classified.
Cynthia Moore responded that while there may be processes and procedures from the State of WI, they are not exempt from local zoning requirements. DNR said their proposal would lend itself toward the classification of "Other Facility". The location and performance requirement prohibit a facility from having various adverse impacts.
Jim Healy asked DNR for clarifications. Has the DNR received anything that indicates intent to seek DNR approvals under Ch. 289.2. Will the DNR attempt to bypass local ordinances and is the Atty. incorrectly applying the legislative intent of the statutes.
Cynthia Moore response to those questions.
The DNR has not received any correspondence from anyone seeking approval for the Scenic Pit under Ch 289 and their proposal would still require local approvals. Their petition to the Waste Siting Board is not appropriate or necessary for activities being proposed by Scenic Pit, L.L. C.
Having received these emails staff believes it best to continue their charted course until otherwise notified the intent is withdrawn or denied by DNR.
The Village board voted to establish the "Local Negotiating Committee" consisting of Village Administrator, Administrative Services Coordinator KateLynn Schmitt and Village Atty. Riffle, so the village will be ready to respond to the State of WI if necessary. There was discussion regarding the question if a village board member should be on the committee. Since many board members have full time jobs this decision can be made in the future.