Attorney General J.B. Van Hollen Issues Formal Opinion to Deputy Secretary of the DNR Matt Moroney Concerning "Responsible Units" Established Under State Waste Management Laws

Dec 16 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Deputy Secretary of the DNR Matt Moroney Concerning "Responsible Units" Established Under State Waste Management Laws
 

MADISON — Attorney General J.B. Van Hollen issued a formal opinion today to Department of Natural Resources Deputy Secretary Matt Moroney concerning “responsible units” (RUs) established under Wisconsin’s waste management laws. The opinion addressed three questions: (1) can a municipality member of a county RU leave the RU and establish itself as an independent RU more than 90 days after the date the county passed its resolution forming the county RU; (2) can a county RU dissolve, returning RU status to individual municipalities; and (3) if procedures for leaving an RU or dissolution are not defined by statute, should the DNR or a local unit of government implement procedures for these changes through rulemaking or ordinance.

 

Attorney General Van Hollen concluded that Wisconsin law provides no authority for a local municipal member of a county RU to leave the RU more than 90 days after the date that the RU was formed, or for a county RU to dissolve.  Neither the DNR nor county or local governments may establish such procedures through rulemaking or ordinance.  An RU may, however, contract with other permissible entities for the handling of its waste management obligations.

 

A copy of the Attorney General’s opinion is available at the following link:  Opinion.

 

A copy of the opinion request is available at the following link:  Request.

 

Formal and informal opinions issued by Attorney General Van Hollen are available here.