2019 - 2020 LEGISLATURE
July 31, 2019 - Introduced by Representatives Sortwell and Brooks, cosponsored
by Senator Jacque. Referred to Committee on Environment.
1An Act to renumber and amend
289.01 (33); and to create
289.01 (33) (e) of 2
the 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:
289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and 4
amended to read:
(intro.) “Solid waste" means any garbage, refuse, sludge from a 2
waste treatment plant, water supply treatment plant, or air pollution control facility, 3
and other discarded or salvageable materials, including solid, liquid, semisolid, or 4
contained gaseous materials resulting from industrial, commercial, mining, and 5
agricultural operations, and from community activities. “Solid waste” does not 6
include solids any of the following:
or dissolved material in domestic sewage
or solid or dissolved 8
materials in irrigation return flows or industrial discharges which are point sources 9
subject to permits under ch. 283, slag.
generated by the production or processing of iron or steel and that is 11
managed as an item of value in a controlled manner and is not discarded
material, as defined in s. 254.31 (10), special nuclear material, as 13
defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (1). “Solid
14waste” does not include post-use
plastics or nonrecycled feedstock that are processed at a pyrolysis 16
or gasification facility; that are held at a pyrolysis or gasification facility, prior to 17
processing at the facility where they are being held, to ensure that production is not 18
interrupted; or that are held off site before delivery to a pyrolysis or gasification 19
facility with the intent that they will be processed at a pyrolysis or gasification 20
289.01 (33) (e) of the statutes is created to read:
(e) Sand deposited on the bed of Lake Michigan or Lake Superior 23
by currents, storms, or other natural activity that is removed and for which a
sediment sample analysis indicates an average level of contamination below 2
background or below the level of contamination present at the proposed deposit area.