LRB-4616/2
PEN:skg:jlb
1995 - 1996 LEGISLATURE
October 26, 1995 - Introduced by Representatives Ourada, Hubler, Johnsrud,
Gronemus, Seratti, Baldus, Prosser, La Fave, Klusman, Brancel, Green, Ott,
Silbaugh, Grothman, Gard, Hoven, Ward, Coleman, Brandemuehl, Lehman,
Albers, Musser, Ainsworth, Owens, Urban, Huebsch, Powers, Gunderson,
Freese, Skindrud, Jensen, Murat, Goetsch, Nass, Hahn, Hutchison,
Hasenohrl, Springer, Boyle
and Olsen, cosponsored by Senators Schultz,
Shibilski, A. Lasee, Breske, Rude, Wineke, Farrow, Moen, Drzewiecki,
Andrea, Buettner, Moore, Zien, Petak
and Welch. Referred to Committee on
Natural Resources.
AB640,1,3 1An Act to create 144.4385 and 147.0175 of the statutes; relating to: exempting
2certain fruit and vegetable washing facilities from certain permitting, plan
3approval and licensing requirements.
Analysis by the Legislative Reference Bureau
Under current law, it is unlawful to discharge any pollutant into any waters of
this state from a discernible, confined and discrete conveyance such as a pipe or a
ditch without a permit issued by the department of natural resources (DNR). The
permit establishes the conditions for lawful discharges and regulates, among other
things, the frequency of discharges and the concentrations of pollutants discharged.
Also under current law, a person may not construct a facility for the disposal
of solid waste, including garbage, refuse and liquid materials resulting from
agricultural operations, without first obtaining approval of the proposed plan of
operation for the facility. If the facility is constructed in conformity with the
approved plan of operation, DNR issues the facility an operating license, without
which the facility may not operate.
This bill allows water used to wash fruits or vegetables to be sprayed or
irrigated on certain land without a permit if the wash water contains only
biodegradable additives used during the washing process, dirt and other substances
removed from the fruit or vegetables during the cleaning. Plant parts removed
during the washing process may be composted or spread on land without obtaining
a permit, license or plan approval from DNR. The bill also allows the construction
and operation of a facility for the treatment, storage or disposal of wash water
without submitting a plan of operation or obtaining a license from DNR.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB640, s. 1 1Section 1. 144.4385 of the statutes is created to read:
AB640,2,3 2144.4385 Exemption for certain fruit and vegetable washing facilities.
3(1) Definitions. As used in this section:
AB640,2,44 (a) "Storage facility" has the meaning given in s. 147.0175 (1) (a).
AB640,2,55 (b) "Washing station" has the meaning given in s. 147.0175 (1) (b).
AB640,2,66 (c) "Wash water" has the meaning given in s. 147.0175 (1) (c).
AB640,2,11 7(2) Exemption. No permit, license or plan approval is required under this
8chapter for the owner of a washing station to establish, construct or operate a solid
9waste facility for the treatment, storage or disposal of wash water or to compost or
10land spread plant parts separated from wash water if all of the following
11requirements are met:
AB640,2,1312 (a) The washing station is not adjacent to or operated as part of a food
13processing plant, as defined in s. 97.29 (1) (h).
AB640,2,1614 (b) All wash water is either stored in a storage facility or is irrigated or sprayed
15on land owned or leased by the owner of the washing facility in a manner which
16avoids ponding, runoff or nuisance conditions.
AB640,2,2117 (c) All plant parts that are separated from wash water are either composted or
18stored in a storage facility and disposed of using an environmentally safe land
19spreading technique. The treatment, storage, disposal or composting under this
20paragraph must be confined to property owned or leased by the owner of the storage
21facility.
AB640, s. 2
1Section 2. 147.0175 of the statutes is created to read:
AB640,3,3 2147.0175 Exemption for certain fruit and vegetable washing facilities.
3(1) Definitions. As used in this section:
AB640,3,54 (a) "Storage facility" means a facility, including a settling pond or lagoon, that
5is used to store wash water.
AB640,3,76 (b) "Washing station" means a facility where fruits or vegetables are washed
7or cleaned after harvesting and before further processing.
AB640,3,118 (c) "Wash water" means water that has been used at a washing station to wash
9or clean fruits or vegetables and that may contain dirt or other substances removed
10from the fruits or vegetables during the washing process or biodegradable additives
11used during the washing process.
AB640,3,15 12(2) Exemption. The owner of a washing station may discharge or dispose of
13wash water, and may land spread or compost plant parts separated from the wash
14water, without a permit under this chapter if all of the following requirements are
15met:
AB640,3,1716 (a) The washing station is not adjacent to or operated as part of a food
17processing plant, as defined in s. 97.29 (1) (h).
AB640,3,2018 (b) All wash water is either stored in a storage facility or is irrigated or sprayed
19on land owned or leased by the owner of the washing facility in a manner which
20avoids ponding, runoff and nuisance conditions.
AB640,3,2421 (c) All plant parts that are separated from the wash water are either composted
22or stored in a storage facility and disposed of using an environmentally safe land
23spreading technique. The disposal or composting must be confined to property
24owned or leased by the owner of the washing facility.
AB640,3,2525 (End)
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