SB386: Bill Text

1995 Senate BILL 386

October 25, 1995 - Introduced by Senators Schultz, Shibilski, A. Lasee, Breske, Rude, Wineke, Farrow, Moen, Drzewiecki, Andrea, Buettner, Moore, Zien, Petak and Welch, cosponsored 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, Jensen, Goetsch and Hahn. Referred to Committee on Environment and Energy.

SB386,1,3 An Act to create 144.4385 and 147.0175 of the statutes; relating to: exempting certain fruit and vegetable washing facilities from certain permitting, plan approval 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:

SB386, s. 1 Section 1. 144.4385 of the statutes is created to read:

SB386,2,3 144.4385 Exemption for certain fruit and vegetable washing facilities. (1) Definitions. As used in this section:

SB386,2,4 (a) "Storage facility" has the meaning given in s. 147.0175 (1) (a).

SB386,2,5 (b) "Washing station" has the meaning given in s. 147.0175 (1) (b).

SB386,2,6 (c) "Wash water" has the meaning given in s. 147.0175 (1) (c).

SB386,2,11 (2) Exemption. No permit, license or plan approval is required under this chapter for the owner of a washing station to establish, construct or operate a solid waste facility for the treatment, storage or disposal of wash water or to compost or land spread plant parts separated from wash water if all of the following requirements are met:

SB386,2,13 (a) The washing station is not adjacent to or operated as part of a food processing plant, as defined in s. 97.29 (1) (h).

SB386,2,16 (b) All wash water is either stored in a storage facility or is irrigated or sprayed on land owned or leased by the owner of the washing facility in a manner which avoids ponding, runoff or nuisance conditions.

SB386,2,21 (c) All plant parts that are separated from wash water are either composted or stored in a storage facility and disposed of using an environmentally safe land spreading technique. The treatment, storage, disposal or composting under this paragraph must be confined to property owned or leased by the owner of the storage facility.

SB386, s. 2 Section 2. 147.0175 of the statutes is created to read:

SB386,3,3 147.0175 Exemption for certain fruit and vegetable washing facilities. (1) Definitions. As used in this section:

SB386,3,5 (a) "Storage facility" means a facility, including a settling pond or lagoon, that is used to store wash water.

SB386,3,7 (b) "Washing station" means a facility where fruits or vegetables are washed or cleaned after harvesting and before further processing.

SB386,3,11 (c) "Wash water" means water that has been used at a washing station to wash or clean fruits or vegetables and that may contain dirt or other substances removed from the fruits or vegetables during the washing process or biodegradable additives used during the washing process.

SB386,3,15 (2) Exemption. The owner of a washing station may discharge or dispose of wash water, and may land spread or compost plant parts separated from the wash water, without a permit under this chapter if all of the following requirements are met:

SB386,3,17 (a) The washing station is not adjacent to or operated as part of a food processing plant, as defined in s. 97.29 (1) (h).

SB386,3,20 (b) All wash water is either stored in a storage facility or is irrigated or sprayed on land owned or leased by the owner of the washing facility in a manner which avoids ponding, runoff and nuisance conditions.

SB386,3,24 (c) All plant parts that are separated from the wash water are either composted or stored in a storage facility and disposed of using an environmentally safe land spreading technique. The disposal or composting must be confined to property owned or leased by the owner of the washing facility.

SB386,3,25 (End)