LRB-3662/1
ZDW:ahe
2019 - 2020 LEGISLATURE
July 31, 2019 - Introduced by Representatives Sortwell and Brooks, cosponsored
by Senator Jacque. Referred to Committee on Environment.
AB347,1,2 1An Act to renumber and amend 289.01 (33); and to create 289.01 (33) (e) of
2the statutes; relating to: sand removed from Lake Michigan or Lake Superior.
Analysis by the Legislative Reference Bureau
This bill provides that the definition of “solid waste” does not include certain
sediments removed from the bed of Lake Michigan or Lake Superior.
Under current law, the Department of Natural Resources administers rules
relating to the management and disposal of solid waste. “Solid waste” includes
garbage, sludge from treatment plants and pollution control facilities, and other
discarded or salvageable materials. “Solid waste” does not include material in
domestic sewage, irrigation return flows, or industrial discharges subject to permits
or certain radioactive or nuclear materials. This bill provides that “solid waste” does
not include sand naturally deposited on the bed of Lake Michigan or Lake Superior
that is removed and for which a sediment sample analysis indicates an allowable
level of contamination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB347,1 3Section 1. 289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and
4amended to read:
AB347,2,6
1289.01 (33) (intro.) “Solid waste" means any garbage, refuse, sludge from a
2waste treatment plant, water supply treatment plant, or air pollution control facility,
3and other discarded or salvageable materials, including solid, liquid, semisolid, or
4contained gaseous materials resulting from industrial, commercial, mining, and
5agricultural operations, and from community activities. “Solid waste” does not
6include solids any of the following:
AB347,2,9 7(a) Solids or dissolved material in domestic sewage , or solid or dissolved
8materials in irrigation return flows or industrial discharges which are point sources
9subject to permits under ch. 283, slag.
AB347,2,11 10(b) Slag generated by the production or processing of iron or steel and that is
11managed as an item of value in a controlled manner and is not discarded , source.
AB347,2,14 12(c) Source material, as defined in s. 254.31 (10), special nuclear material, as
13defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (1). “Solid
14waste” does not include post-use
AB347,2,20 15(d) Post-use plastics or nonrecycled feedstock that are processed at a pyrolysis
16or gasification facility; that are held at a pyrolysis or gasification facility, prior to
17processing at the facility where they are being held, to ensure that production is not
18interrupted; or that are held off site before delivery to a pyrolysis or gasification
19facility with the intent that they will be processed at a pyrolysis or gasification
20facility.
AB347,2 21Section 2. 289.01 (33) (e) of the statutes is created to read:
AB347,3,222 289.01 (33) (e) Sand deposited on the bed of Lake Michigan or Lake Superior
23by currents, storms, or other natural activity that is removed and for which a

1sediment sample analysis indicates an average level of contamination below
2background or below the level of contamination present at the proposed deposit area.
AB347,3,33 (End)
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