Section 289.28 - Determination of need(1) DETERMINATION OF NEED; ISSUES CONSIDERED. A feasibility report shall contain an evaluation to justify the need for the proposed facility unless the facility is exempt under sub. (2). The department shall consider the following issues in evaluating the need for the proposed facility: (a) An approximate service area for the proposed facility which takes into account the economics of waste collection, transportation and disposal.(b) The quantity of waste suitable for disposal at the proposed facility generated within the anticipated service area.(c) The design capacity of the following facilities located within the anticipated service area of the proposed facility: 1. Approved facilities, including the potential for expansion of those facilities on contiguous property already owned or controlled by the applicant.2. Nonapproved facilities which are environmentally sound. It is presumed that a nonapproved facility is not environmentally sound unless evidence to the contrary is produced.3. Other proposed facilities for which feasibility reports are submitted and determined to be complete by the department.4. Facilities for the recycling of solid waste or for the recovery of resources from solid waste which are licensed by the department.5. Proposed facilities for the recycling of solid waste or for the recovery of resources from solid waste which have plans of operation which are approved by the department.6. Solid waste incinerators licensed by the department.7. Proposed solid waste incinerators which have plans of operation which are approved by the department.(d) If the need for a proposed municipal facility cannot be established under pars. (a) to (c), the extent to which the proposed facility is needed to replace other facilities of that municipality at the time those facilities are projected to be closed in the plans of operation.(2) DETERMINATION OF NEED; EXEMPT FACILITIES. Subsections (1) and (3) and ss. 289.24(1) (f) and 289.29(1) (d) do not apply to: (a) Any facility which is part of a prospecting or mining operation with a permit under s. 293.45 or 293.49.(b) Any solid waste disposal facility designed for the disposal of waste generated by a pulp or paper mill.(3) ISSUANCE OF DETERMINATION OF NEED. Except for a facility which is exempt under sub. (2), the department shall issue a determination of need for the proposed facility at the same time the final determination of feasibility is issued. If the department determines that there is insufficient need for the facility, the applicant may not construct or operate the facility.1995 a. 227 ss. 556, 557, 560, 991.