LRB-0308/1
RCT:wlj:rs
2007 - 2008 LEGISLATURE
January 30, 2007 - Introduced by Representatives Owens, Kaufert, Kerkman and
Musser, cosponsored by Senators Ellis and Risser. Referred to Committee on
Natural Resources.
AB40,1,4
1An Act to repeal 20.370 (2) (fq), 289.645 (4) (d) and 292.70;
to amend 289.54
2(2); and
to create 289.54 (3) of the statutes;
relating to: prohibiting the
3disposal in solid waste disposal facilities of dredged material that contains
4polychlorinated biphenyls.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) regulates solid
waste disposal facilities, such as landfills. 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. The
prohibition takes effect on January 1, 2009, or on the date on which local approvals
have been issued for a facility for the vitrification of sediments in Brown County,
Outagamie County, or Winnebago County if that date is before January 1, 2009.
Vitrification is the conversion of something into glass or a glassy substance using
heat.
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:
AB40, s. 1
1Section
1. 20.370 (2) (fq) of the statutes is repealed.
AB40, s. 2
2Section
2. 289.54 (2) of the statutes is amended to read:
AB40,2,93
289.54
(2) The department may not approve a request by the operator of a solid
4waste disposal facility to accept dredged materials that contain
PCBs or heavy
5metals in a concentration of less than 50 parts per million for disposal in the solid
6waste disposal facility until after the department holds a public meeting in the city,
7village or town in which the solid waste disposal facility is located. At the public
8meeting, the department shall describe the nature of the requested disposal and
9shall solicit public comment.
AB40, s. 3
10Section
3. 289.54 (3) of the statutes is created to read:
AB40,2,1211
289.54
(3) (a) The owner or operator of a solid waste disposal facility may not
12accept dredged materials for disposal if the dredged materials contain PCBs.
AB40,2,1313
(b) The prohibition in par. (a) does not apply until the earlier of the following:
AB40,2,1414
1. January 1, 2009.
AB40,3,215
2. The date on which the county and, as appropriate, a town, village, or city has
16issued all necessary approvals for the siting within Brown County, Outagamie
17County, or Winnebago County of a facility for the vitrification of sediments
18containing PCBs removed from the bed of water bodies in the Fox River system as
19part of a remedial action required under s. 292.11 or 292.31 or under the federal
1Comprehensive Environmental Response, Compensation, and Liability Act,
42 USC
29601 to
9675.
AB40, s. 4
3Section
4. 289.645 (4) (d) of the statutes is repealed.
AB40, s. 5
4Section
5. 292.70 of the statutes is repealed.
AB40,3,16
6(1) No later than the first day of the 7th month beginning after the effective date
7of this subsection, the department of natural resources shall submit to the
8legislature, in the manner specified in section 13.172 (2) of the statutes, and to the
9department of administration a proposal for a program to assist in the development
10of a facility for the vitrification of sediments containing PCBs, as defined in section
11299.45 (1) (a) of the statutes, removed from the bed of water bodies in the Fox River
12system as part of a remedial action required under s. 292.11 or 292.31 of the statutes
13or under the federal Comprehensive Environmental Response, Compensation, and
14Liability Act,
42 USC 9601 to
9675. The department shall include in the proposed
15program technical assistance to developers of the vitrification technology and
16appropriate financial assistance or incentives.
