Wisconsin § 823.085 Actions against owners or operators of solid waste facilities.

Wisconsin Statutes

§ 823.085 — Actions against owners or operators of solid waste facilities.

Wisconsin § 823.085

Ch. 823Nuisances

This text of Wisconsin § 823.085 (Actions against owners or operators of solid waste facilities.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 823.085 (2026).

Text

085
085(1) (1) In this section, “solid waste facility” has the meaning given in s. 289.01 (35) .
085(2) (2) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:
085(2)(a) (a) Notwithstanding s. 823.03 , the court may not order closure of the solid waste facility or substantial restriction in the operation of the solid waste facility unless the court determines that the continued ope

Free access — add to your briefcase to read the full text and ask questions with AI

823.085
823.085(1) (1) In this section, “solid waste facility” has the meaning given in s. 289.01 (35) .
823.085(2) (2) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:
823.085(2)(a) (a) Notwithstanding s. 823.03 , the court may not order closure of the solid waste facility or substantial restriction in the operation of the solid waste facility unless the court determines that the continued operation of the solid waste facility is a threat to public health and safety.
823.085(2)(b) (b) The department of natural resources shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.
823.085(2)(c) (c) The amount recovered by any person for damage to real property may not exceed the value of the real property as of the date that the solid waste facility began operation increased by 8 percent per year.
823.085(2)(d) (d) Punitive damages may not be awarded.