2021 - 2022 LEGISLATURE
February 11, 2021 - Introduced by Senators Jacque and Felzkowski, cosponsored
by Representatives Sortwell, Callahan, Moses, Tittl, Tusler and
Wichgers. Referred to Committee on Labor and Regulatory Reform.
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
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:
30.20 (2m) of the statutes is created to read:
30.20 (2m) Individual permits; removal of sediment from Lake Michigan or
The department shall issue an individual permit to an applicant 4
proposing to remove sediment, as defined in s. 289.01 (31g), deposited on the bed of 5
Lake Michigan or Lake Superior by currents, storms, or other natural activity if a 6
sediment sample analysis indicates that the sediment has a level of contamination 7
at or below the level of contamination present at the area where the sediment is 8
proposed to deposited.
289.01 (31g) of the statutes is created to read:
“Sediment” means a soil material that has settled on the bottom 11
of a water body.
289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and 13
amended to read:
(intro.) “Solid waste" means any garbage, refuse, sludge from a 15
waste treatment plant, water supply treatment plant, or air pollution control facility, 16
and other discarded or salvageable materials, including solid, liquid, semisolid, or 17
contained gaseous materials resulting from industrial, commercial, mining, and 18
agricultural operations, and from community activities. “Solid waste” does not 19
include solids any of the following:
or dissolved material in domestic sewage,
or solid or dissolved 2
materials in irrigation return flows or industrial discharges which are point sources 3
subject to permits under ch. 283, slag.
generated by the production or processing of iron or steel and that is 5
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 7
defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (1). “Solid
8waste” does not include post-use
plastics or nonrecycled feedstock that are processed at a pyrolysis 10
or gasification facility; that are held at a pyrolysis or gasification facility, prior to 11
processing at the facility where they are being held, to ensure that production is not 12
interrupted; or that are held off site before delivery to a pyrolysis or gasification 13
facility with the intent that they will be processed at a pyrolysis or gasification 14
289.01 (33) (e) of the statutes is created to read:
(e) Sediment deposited on the bed of Lake Michigan or Lake 17
Superior by currents, storms, or other natural activity that is removed and for which 18
a sediment sample analysis indicates a level of contamination at or below the level 19
of contamination at the proposed deposit area.