Matter Arbitration Among Madison Landfills

Day, J. This is a review of a decision of the court of appeals 1 reversing a judgment of the circuit court for Dane County, Honorable Gerald C. Nichol, Judge, which vacated and remanded an arbitration award of the Waste Facility Siting Board. This case presents two issues concerning the powers of the Waste Facility Siting Board (Board) during an arbitration proceeding under Sec. 144.445, Stats. (1991-92): 1) must the Board delete a provision in the accepted final offer that would overturn preexisting local approval requirements that are not arbitrary or discriminatory, and 2) can the Board arbitrate landfill designs that would affect the operation of the facility. We hold that Sec. 144.445, Stats., required the Board to delete a provision that would have eliminated preexisting local approval requirements that are not arbitrary or discriminatory. We also hold that the statute allowed the Board to arbitrate landfill design features that would have an affect on the operation of the facility. We therefore affirm the decision of the court of appeals and remand the case to the circuit court for further proceedings not inconsistent with this opinion. 2