AB915: Bill Text

LRB-4298/1

RCT:wlj:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 915

February 26, 2004 - Introduced by Representatives Owens, Olsen, Freese, Jeskewitz, Hines, Ainsworth, F. Lasee and Hahn, cosponsored by Senator Ellis. Referred to Committee on Natural Resources.

AB915,1,4 An Act to repeal 20.370 (2) (fq), 289.645 (4) (d) and 292.70; to amend 289.54 (2); and to create 289.54 (3) of the statutes; relating to: prohibiting the disposal in solid waste disposal facilities of dredged material that contains polychlorinated biphenyls.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) regulates solid waste disposal facilities, such as landfills. Current law prohibits DNR from approving the request by an operator of a solid waste disposal facility to accept dredged materials that contain polychlorinated biphenyls (PCBs) in a concentration of less than 50 parts per million for disposal in the facility until after DNR holds a public meeting concerning the request in the community in which the facility is located. Under current law, DNR also administers a program that regulates the storage, treatment, and disposal of hazardous waste. Under that program, DNR has promulgated rules that generally prohibit the disposal in a landfill of liquid wastes containing PCBs in a concentration of 50 parts per million or more.

This bill prohibits the operator of a solid waste disposal facility from accepting dredged materials for disposal if the dredged materials contain PCBs.

Current law authorizes DNR to enter into an agreement with a municipality under which this state agrees to indemnify the municipality against liability resulting from the municipality's acceptance for disposal of dredged materials that are from the Great Lakes basin and are contaminated with PCBs. This bill eliminates that authority.

For further information see the state and local 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:

AB915, s. 1 Section 1. 20.370 (2) (fq) of the statutes is repealed.

AB915, s. 2 Section 2. 289.54 (2) of the statutes is amended to read:

AB915,2,9 289.54 (2) The department may not approve a request by the operator of a solid waste disposal facility to accept dredged materials that contain PCBs or heavy metals in a concentration of less than 50 parts per million for disposal in the solid waste disposal facility until after the department holds a public meeting in the city, village or town in which the solid waste disposal facility is located. At the public meeting, the department shall describe the nature of the requested disposal and shall solicit public comment.

AB915, s. 3 Section 3. 289.54 (3) of the statutes is created to read:

AB915,2,12 289.54 (3) The owner or operator of a solid waste disposal facility may not accept dredged materials for disposal if the dredged materials contain PCBs.

AB915, s. 4 Section 4. 289.645 (4) (d) of the statutes, as created by 2003 Wisconsin Act 33, is repealed.

AB915, s. 5 Section 5. 292.70 of the statutes is repealed.

AB915, s. 6 Section 6. Initial applicability.

AB915,2,19 (1) The treatment of section 289.54 (2) and (3) of the statutes first applies to dredged materials that are offered for disposal on the effective date of this subsection.

AB915,2,20 (End)