2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 99
September 21, 2021 - Offered by Representative Sortwell.
21. Page 1, line 3
: delete the material beginning with “Lakes" and ending with 3
“exemptions" on line 4 and substitute “Lakes, extending the time limit for emergency 4
rule procedures, and providing an exemption from emergency rule procedures”
289.43 (8) (title) of the statutes is amended to read:
(title) Exemption from regulation; low-hazard waste and material
8dredged from great lakes.
(d) 1. The department may not regulate under s. 289.30 or 289.31 12
any facility for the disposal of material dredged by a municipality or county or a
contractor for a municipality or county from Lake Michigan, Lake Superior, or bays 2
or harbors adjacent to Lake Michigan or Lake Superior, if all of the following apply:
a. The department determines that the dredging and disposal will have a 4
demonstrable economic public benefit, as defined under s. 281.36 (1) (am).
b. The department determines that the cumulative adverse environmental 6
impact of the dredging and disposal is insignificant and will not injure public rights 7
or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in 8
material injury to the rights of any riparian owner.
c. The department determines that the facility is in compliance with 10
performance standards established by the department by rule.
d. The facility accepts dredged material for not more than 10 years or in an 12
amount not to exceed 35,000 cubic yards, whichever occurs first, unless there is a 13
material adverse change in the contamination of the dredged material that would be 14
disposed of at the facility or if there is a material change in the intended use of the 15
e. The disposal facility is located at least 100 feet from any wetland or critical 17
habitat area and is outside a floodplain. This subd. 1. e. does not apply if the project 18
is for beach nourishment above the ordinary high water mark on a public beach that 19
has already been noticeably disturbed by human activities such as the construction 20
of a parking lot, public swimming area, or other improvement and that has no unique 21
f. The disposal facility is located at least 100 feet from any water supply well.
g. The facility confines the disposal area to as limited a geographic area as is 24
h. The department determines that the application and proposed facility are 2
in compliance with any other conditions established by the department by rule.
i. At least 60 days prior to beginning disposal under this paragraph, the 4
municipality or county or the contractor for the municipality or county submits to the 5
department the address or location of the disposal site, the name of the person or 6
entity accepting the dredged material, a map or aerial image showing the disposal 7
location, the coordinates for the center of the disposal location, the dates when 8
dredged material is to be received at the disposal location, the approximate volume 9
of material to be disposed, the intended uses of the dredged material, and the 10
available laboratory analytical data for samples collected from the dredged material 11
to determine environmental impact.
j. The department determines that a received application is complete and does 13
not provide a written objection to the application within 30 days of receipt by the 14
department. An application may not be reviewed until the department has 15
determined the application is complete. One application may authorize disposal of 16
dredged material from one dredging location at multiple disposal sites.”.
The department of natural resources shall use the procedure under s. 227.24 2
to promulgate rules under s. 289.43 (8) (d) 1. no later than the first day of the 7th 3
month beginning after the effective date of this subsection. Notwithstanding s. 4
227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in 5
effect until the first day of the 36th month beginning after the effective date of the 6
emergency rules or the date on which permanent rules take effect, whichever is 7
earlier. Emergency rules promulgated under this subsection shall be limited to rules 8
pertaining to sediment sample analysis, the number of samples to be collected, and 9
other items determined to be necessary by the department of natural resources. 10
Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not 11
required to provide evidence that promulgating a rule under this subsection as an 12
emergency rule is necessary for the preservation of public peace, health, safety, or 13
welfare and is not required to provide a finding of emergency for a rule promulgated 14
under this subsection.”.