LRB-1751/1
ZDW:ahe
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Sortwell, Callahan, Moses,
Tittl, Tusler and Wichgers, cosponsored by Senators Jacque and
Felzkowski. Referred to Committee on Environment.
AB99,1,3
1An Act to renumber and amend 289.01 (33); and
to create 30.20 (2m), 289.01
2(31g) and 289.01 (33) (e) of the statutes;
relating to: sediment removed from
3Lake Michigan or Lake Superior.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to issue individual
permits for the removal of certain sediment from the bed of Lake Michigan or Lake
Superior.
Current law generally prohibits a person from removing material from the bed
of a navigable body of water unless DNR has issued an individual permit or a general
permit authorizing the removal. The bill requires DNR to issue an individual permit
to an applicant for the removal of sediment deposited on the bed of Lake Michigan
or Lake Superior by currents, storms, or other natural activity if the sediment has
a level of contamination at or below the level of contamination present at the area
where the sediment will be deposited.
The bill also provides that the removed sediment is not solid waste. Under
current law, DNR administers rules relating to the management and disposal of solid
waste, which 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 permitted industrial
discharges; slag generated by iron or steel production; certain radioactive or nuclear
materials; or certain products processed at pyrolysis or gasification facilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB99,1
1Section
1. 30.20 (2m) of the statutes is created to read:
AB99,2,82
30.20
(2m) Individual permits; removal of sediment from Lake Michigan or
3Lake Superior. The department shall issue an individual permit to an applicant
4proposing to remove sediment, as defined in s. 289.01 (31g), deposited on the bed of
5Lake Michigan or Lake Superior by currents, storms, or other natural activity if a
6sediment sample analysis indicates that the sediment has a level of contamination
7at or below the level of contamination present at the area where the sediment is
8proposed to deposited.
AB99,2
9Section
2. 289.01 (31g) of the statutes is created to read:
AB99,2,1110
289.01
(31g) “Sediment” means a soil material that has settled on the bottom
11of a water body.
AB99,3
12Section
3. 289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and
13amended to read:
AB99,2,1914
289.01
(33) (intro.) “Solid waste" means any garbage, refuse, sludge from a
15waste treatment plant, water supply treatment plant, or air pollution control facility,
16and other discarded or salvageable materials, including solid, liquid, semisolid, or
17contained gaseous materials resulting from industrial, commercial, mining, and
18agricultural operations, and from community activities. “Solid waste” does not
19include
solids any of the following:
AB99,3,3
1(a) Solids or dissolved material in domestic sewage
, or solid or dissolved
2materials in irrigation return flows or industrial discharges which are point sources
3subject to permits under ch. 283
, slag.
AB99,3,5
4(b) Slag generated by the production or processing of iron or steel and that is
5managed as an item of value in a controlled manner and is not discarded
, source.
AB99,3,8
6(c) Source material, as defined in s. 254.31 (10), special nuclear material, as
7defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (1).
“Solid
8waste” does not include post-use
AB99,3,14
9(d) Post-use plastics or nonrecycled feedstock that are processed at a pyrolysis
10or gasification facility; that are held at a pyrolysis or gasification facility, prior to
11processing at the facility where they are being held, to ensure that production is not
12interrupted; or that are held off site before delivery to a pyrolysis or gasification
13facility with the intent that they will be processed at a pyrolysis or gasification
14facility.
AB99,4
15Section
4. 289.01 (33) (e) of the statutes is created to read:
AB99,3,1916
289.01
(33) (e) Sediment deposited on the bed of Lake Michigan or Lake
17Superior by currents, storms, or other natural activity that is removed and for which
18a sediment sample analysis indicates a level of contamination at or below the level
19of contamination at the proposed deposit area.
