AB 99 — Relating to: sediment removed from Lake Michigan or Lake Superior.

- 2022 LEGISLATURE LRBa0740/1LRB-1751/1 ZDW:skwZDW:ahe ASSEMBLY AMENDMENTBILL 1,99 TOFebruary ASSEMBLY18, SUBSTITUTE2021 AMENDMENT- 1,Introduced TOby ASSEMBLYRepresentatives BILLSORTWELL 99, SeptemberCALLAHAN 21,, 2021MOSES -, OfferedTITTL, T USLER and W ICHGERS , cosponsored by RepresentativORTWELLSenators J ACQUE and FELZKOWSKI .

AtReferred theto locationsCommittee indicated,on amendEnvironment. the substitute amendment as follows:

1.A N A CT to renumber and amend 289.01 (33);

Pageand 1,to linecreate 3:30.20 (2m), 289.01 (31g) and 289.01 (33) (e) of the statutes;

deleterelating theto: material beginning with “Lakes" and ending with “exemptions" on line 4 and substitute “Lakes, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures”.

2.sediment removed from Lake Michigan or Lake Superior.

PageAnalysis 2,by linethe 1: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.

beforeCurrent thatlaw linegenerally insert: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.

“SECTIONThe 1m.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.

289.43The (8)bill (title)also ofprovides that the statutesremoved sediment is amendednot tosolid read:waste.

289.43Under (8)current (titleXEMPTIONlaw, FROMDNR REGULATION;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.

LOW-HAZARD“Solid WASTEwaste” ANDdoes MATERIALnot DREDGEDinclude FROMmaterial GREATin LAKES”.domestic sewage, irrigation return flows, or permitted industrial - 2022 Legislature - 2 - LRB-1751/1 ZDW:ahe ASSEMBLY BILL 99 discharges;

3.slag generated by iron or steel production;

Pagecertain 2,radioactive lineor 2:nuclear materials;

deleteor thecertain materialproducts beginningprocessed withat thatpyrolysis lineor andgasification endingfacilities. with page 3, line 2, and substitute:

“289.43The (8)people (d)of 1.the state of Wisconsin, represented in senate and assembly, do enact as follows:

TheSECTION department1. may not regulate under s.

289.3030.20 or(2m) 289.31of any facility for the disposalstatutes ofis materialcreated dredged by a municipality or county or a LRBa0740/1 - 2022 Legislature - 2 - ZDW:skw contractor for a municipality or county from Lake Michigan, Lake Superior, or bays or harbors adjacent to Lakeread: Michigan or Lake Superior, if all of the following apply:

a.30.20 (2m) INDIVIDUAL PERMITS;

TheREMOVAL departmentOF determinesSEDIMENT thatFRLMAKEM theICHIGAN dredgingOR andLAKE disposalSUPERIOR. will have a demonstrable economic public benefit, as defined under s.

281.36The (1)department (am).shall issue an individual permit to an applicant proposing to remove sediment, as defined in s.

b.289.01 (31g), deposited on the bed of Lake Michigan or Lake Superior by currents, storms, or other natural activity if a sediment sample analysis indicates that the sediment has a level of contamination at or below the level of contamination present at the area where the sediment is proposed to deposited.

TheSECTION department2. determines that the cumulative adverse environmental impact of the dredging and disposal is insignificant and will not injure public rights or interests, cause environmental pollution, as defined in s.

299.01289.01 (4),(31g) orof resultthe instatutes materialis injurycreated to theread: rights of any riparian owner.

c.289.01 (31g) “Sediment” means a soil material that has settled on the bottom of a water body.

TheSECTION department3. determines that the facility is in compliance with performance standards established by the department by rule.

d.289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and amended to read:

The289.01 facility(33) accepts(intro.) dredged“Solid materialwaste" formeans notany moregarbage, thanrefuse, 10sludge yearsfrom ora inwaste antreatment amountplant, notwater tosupply exceedtreatment 35,000plant, cubicor yards,air whicheverpollution occurscontrol first,facility, unlessand thereother isdiscarded aor materialsalvageable adversematerials, changeincluding insolid, theliquid, contaminationsemisolid, of the dredged material that would be disposed of at the facility or ifcontained theregaseous ismaterials aresulting materialfrom changeindustrial, incommercial, themining, intendedand useagricultural ofoperations, theand dredgedfrom material.community activities.

e.“Solid waste” does not include solids any of the following:

TheLRB-1751/1 disposal- facility2022 isLegislature located- at3 least- 100ZDW:ahe feetS fromECTION any3 wetlandASSEMBLY BILL 99 (a) Solids or criticaldissolved habitatmaterial areain anddomestic issewage, outsideor asolid floodplain.or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch.

This283, subd.s.ag (b) Slag generated by the production or processing of iron or steel and that is managed as an item of value in a controlled manner and is not discarded, source (c) Source material, as defined in s.

1.254.31 (10), special nuclear material, as defined in s.

e.254.31 (11), or by-product material, as defined in s.

does254.31 not(1). apply if the project is for beach nourishment above the ordinary high water mark on a public beach that has already been noticeably disturbed by human activities such as the construction of a parking lot, public swimming area, or other improvement and that has no unique ecological value.

f.“Solid waste” does not include post-use (d) Post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility;

Thethat disposalare facilityheld isat locateda pyrolysis or gasification facility, prior to processing at leastthe 100facility feetwhere fromthey anyare waterbeing supplyheld, well.to ensure that production is not interrupted;

g.or that are held off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.

TheSECTION facility4. confines the disposal area to as limited a geographic area as is practicable.

LRBa0740/1289.01 -(33) 2022(e) Legislatureof -the 3statutes -is ZDW:skwcreated h.to read:

The289.01 department(33) determines(e) thatSediment deposited on the applicationbed andof proposedLake facilityMichigan areor inLake complianceSuperior withby anycurrents, storms, or other conditionsnatural establishedactivity bythat is removed and for which a sediment sample analysis indicates a level of contamination at or below the departmentlevel byof rule.contamination at the proposed deposit area.