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- 2022 LEGISLATURE LRBa0740/1 ZDW:skw ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 99 September 21, 2021 - Offered by RepresentativORTWELL .
- 2022 LEGISLATURE LRB-1751/1 ZDW:ahe ASSEMBLY BILL 99 February 18, 2021 - Introduced by Representatives SORTWELL , CALLAHAN , MOSES , TITTL, T USLER and W ICHGERS , cosponsored by Senators J ACQUE and FELZKOWSKI .
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Environment.
1.
A N A CT to renumber and amend 289.01 (33);
Page 1, line 3:
and to create 30.20 (2m), 289.01 (31g) and 289.01 (33) (e) of the statutes;
delete the 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”.
relating to:
2.
sediment removed from Lake Michigan or Lake Superior.
Page 2, line 1:
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.
before that line insert:
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.
“SECTION 1m.
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.
289.43 (8) (title) of the statutes is amended to read:
The bill also provides that the removed sediment is not solid waste.
289.43 (8) (titleXEMPTION FROM REGULATION;
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.
LOW-HAZARD WASTE AND MATERIAL DREDGED FROM GREAT LAKES”.
“Solid waste” does not include material in 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;
Page 2, line 2:
certain radioactive or nuclear materials;
delete the material beginning with that line and ending with page 3, line 2, and substitute:
or certain products processed at pyrolysis or gasification facilities.
“289.43 (8) (d) 1.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
The department may not regulate under s.
SECTION 1.
289.30 or 289.31 any facility for the disposal of material 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 Lake Michigan or Lake Superior, if all of the following apply:
30.20 (2m) of the statutes is created to read:
a.
30.20 (2m) INDIVIDUAL PERMITS;
The department determines that the dredging and disposal will have a demonstrable economic public benefit, as defined under s.
REMOVAL OF SEDIMENT FRLMAKEM ICHIGAN OR LAKE SUPERIOR.
281.36 (1) (am).
The department 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.
The department 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.
SECTION 2.
299.01 (4), or result in material injury to the rights of any riparian owner.
289.01 (31g) of the statutes is created to read:
c.
289.01 (31g) “Sediment” means a soil material that has settled on the bottom of a water body.
The department determines that the facility is in compliance with performance standards established by the department by rule.
SECTION 3.
d.
289.01 (33) of the statutes is renumbered 289.01 (33) (intro.) and amended to read:
The facility accepts dredged material for not more than 10 years or in an amount not to exceed 35,000 cubic yards, whichever occurs first, unless there is a material adverse change in the contamination of the dredged material that would be disposed of at the facility or if there is a material change in the intended use of the dredged material.
289.01 (33) (intro.) “Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities.
e.
“Solid waste” does not include solids any of the following:
The disposal facility is located at least 100 feet from any wetland or critical habitat area and is outside a floodplain.
LRB-1751/1 - 2022 Legislature - 3 - ZDW:ahe S ECTION 3 ASSEMBLY BILL 99 (a) Solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch.
This subd.
283, 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.
does not 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.
254.31 (1).
f.
“Solid waste” does not include post-use (d) Post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility;
The disposal facility is located at least 100 feet from any water supply well.
that are held at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, 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.
The facility confines the disposal area to as limited a geographic area as is practicable.
SECTION 4.
LRBa0740/1 - 2022 Legislature - 3 - ZDW:skw h.
289.01 (33) (e) of the statutes is created to read:
The department determines that the application and proposed facility are in compliance with any other conditions established by the department by rule.
289.01 (33) (e) Sediment deposited on the bed of Lake Michigan or Lake Superior by currents, storms, or other natural activity that is removed and for which a sediment sample analysis indicates a level of contamination at or below the level of contamination at the proposed deposit area.
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i.
At least 60 days prior to beginning disposal under this paragraph, the municipality or county or the contractor for the municipality or county submits to the department the address or location of the disposal site, the name of the person or entity accepting the dredged material, a map or aerial image showing the disposal location, the coordinates for the center of the disposal location, the dates when dredged material is to be received at the disposal location, the approximate volume of material to be disposed, the intended uses of the dredged material, and the available laboratory analytical data for samples collected from the dredged material to determine environmental impact.
j.
The department determines that a received application is complete and does not provide a written objection to the application within 30 days of receipt by the department.
An application may not be reviewed until the department has determined the application is complete.
One application may authorize disposal of dredged material from one dredging location at multiple disposal sites.”.
4.
Page 3, line 4:
after “if" insert “the amount of dredged material deposited at the facility exceeds 35,000 cubic yards,".
5.
Page 3, line 6:
substitute “facility," for “facility".
6.
Page 4, line 4:
delete the material beginning with that line and ending with page 5, line 17.
7.
Page 5, line 18:
before that line insert:
“S ECTION 7m.0Nonstatutory provisions.
LRBa0740/1 - 2022 Legislature - 4 - ZDW:skw (1) The department of natural resources shall use the procedure under s.
227.24 to promulgate rules under s.
289.43 (8) (d) 1.
no later than the first day of the 7th month beginning after the effective date of this subsection.
Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 36th month beginning after the effective date of the emergency rules or the date on which permanent rules take effect, whichever is earlier.
Emergency rules promulgated under this subsection shall be limited to rules pertaining to sediment sample analysis, the number of samples to be collected, and other items determined to be necessary by the department of natural resources.
Notwithstanding s.
227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.”.
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