There has not been much action on solid waste related legislation in the Legislature this past month; in contrast, however, several administrative rules have moved forward substantially.

The next floor period of the Legislature runs from Feb. 21 to March 9 and it is possible that several solid waste bills that have had a committee vote could see action by one or both houses of the Legislature.

Current legislation

There was action on only two solid waste related bills in January, with a hearing and committee vote on an open burning and tire storage bill, and the introduction of a bill on contaminated sites.

SB 470 is identical to AB 878 and authorizes DNR and local law enforcement officials to issue citations for violations of laws or licenses regulating the open burning of solid waste, along with authorizing DNR to issue a citation to a person who operates a solid waste facility at which waste tires are stored, treated, or disposed of without a license or in violation of an approved plan of operation. There are no changes in the definition of what can and what cannot be open burned. It was introduced on Dec. 9, 2005 with one Senate sponsor and 9 Assembly co-sponsors and referred to the Committee on Veterans, Homeland Security, Military Affairs, Small Business and Government Reform. A hearing was held on Jan. 3, 2006, with the committee recommending adoption on a 4-1 vote on Jan. 24, 2006. Three environmental groups have reported lobbying in favor of this bill; the Wisconsin Sheriffs and Deputy Sheriffs Association has registered as undecided or that it has reservations.

SB 546 relates to the cleanup of environmentally contaminated property, and includes provisions that a local governmental unit is exempt from solid waste management standards and other legal requirements relating to solid waste for a property that was acquired in a way that would qualify for the exemption from clean-up requirements, with a number of exceptions and conditions. The exemption from solid waste requirements does not apply to a solid waste facility that was operated by the local governmental unit or owned by the local governmental unit while it was operated or to landfills that were once licensed by DNR. The bill requires a local governmental unit to obtain permission from DNR for any construction on the property and requires the local governmental unit to maintain any health or safety system on the property, such as a system to collect landfill gas, that DNR required before the local governmental unit acquired the property. It was introduced on Feb. 1, 2006 with eight sponsors in the Senate and fifteen sponsors in the Assembly and was referred to the Committee on Natural Resources and Transportation. One group has registered as lobbying this bill, with their position as either being undecided or with reservations.

The web page for the Wisconsin Legislature is http://www.legis.state.wi.us/.

Rules revisions

Current active rule revisions in the solid waste field include organic stability for landfills and hazardous waste regulations. In addition, the streamlining rule became effective on Feb. 1, 2006.

As part of the NR 500 revisions for landfill design and operation, a requirement was included for organic stability. The rule requires new and expanded landfills to include plans for the accelerated stabilization of biodegradable organics. The plans are to be submitted by Jan. 1, 2007. A draft rule has been developed and approval will be sought from the Natural Resources Board at the February meeting to go to public hearings. The web page for this proposed rule is at http://dnr.wi.gov/org/aw/wm/solid/landfill/stability/index.htm.

A comprehensive (1000+ pages) revision of the hazardous waste regulations went to the Legislature as Clearinghouse Rule 05-032, and had hearings in both the Senate and the Assembly in January. The Legislature has 30 days in which to accept the proposal or to recommend changes. The web page for this rule is http://www.dnr.state.wi.us/org/aw/wm/hazard/proprules/indexnew.htm.

Governor's Blue Ribbon Task Force

The Blue Ribbon Task Force has followed up its public informational meetings with a meeting on Jan. 11 of both the whole Task Force and its workgroups. Brief reports were given by each of the workgroups after they held meetings from early to mid-afternoon. The meeting is scheduled for Feb. 22, at a location yet to be specified. A web page of the Task Force's membership and meeting materials is available at http://www.wasteresources.wi.gov/.

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