WasteCap Wisconsin

Wisconsin Solid Waste Legislative Update
May 5, 2006
by John Reindl, Reindl@co.dane.wi.us

For all intents and purposes, the Legislature has concluded its work on most legislation for this session. While nearly a dozen and a half bills were introduced that directly covered solid waste and recycling topics, only a few had hearings and even fewer were acted upon.

In the last month, two bills were adopted by both houses of the Legislature, with one signed by the Governor and one soon to be sent to the Governor. In addition, an administrative rule on quicker organic stability in landfills is moving through the process.

New law
AB 609 relates to the management of tissue and carcasses from CWD deer and in part allows DNR and the Department of Agriculture, Trade and Consumer Protection to enter into agreements with persons who own or operate landfills, meat processing facilities, or wastewater treatment facilities to indemnify them for damages resulting from processing or disposal of cervids that have chronic wasting disease. Adopted by both houses and signed into law as 2005 Wisconsin Act 286 on April 11.

Recently adopted legislation
SB 546 (and AB 999) 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. Adopted by both houses, the Senate noted that it was correctly enrolled on May 4. The next step is to send this bill to the Governor for his review and possible signature.

More information on individual bills can be found on the web page for the Wisconsin Legislature at http://www.legis.state.wi.us/.

Rules revisions
As part of the recent NR 500 revisions for landfill design and operation, a requirement was included for achieving organic stability in a shorter time frame than what is currently achieved. The proposed rule requires new and expanded landfills to include plans for the stabilization of biodegradable organics, either through diversion of organics, pre-processing of organics, in-situ treatment, or a combination of these approaches. The plans are to be submitted by Jan. 1, 2007, and a DNR advisory workgroup has both provided advice and assistance in developing the proposed rules and put together a list and description of possible strategies for fulfilling this requirement. Hearings were held at two locations in mid-April and written comments received, with these comments reviewed and discussed at a meeting of the advisory committee in late April. The DNR is now working on the responses to the comments received and expects to make changes in the rule. Staff expects to submit the revised proposed rule the Natural Resources Board for approval early this summer, followed by a review by the Legislature. The web page for the rule is at https://apps4.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=783, while the web page for the workgroup is at http://dnr.wi.gov/org/aw/wm/solid/landfill/stability/index.htm.

Governor's Blue Ribbon Task Force
The Blue Ribbon Task Force has its next meeting scheduled for May 10, at the DNR South Central Region. Two areas of focus at this next meeting will be open burning and construction and demolition debris reduction and recovery. Final recommendations are to be submitted to the Governor by the end of this year. A web page of the Task Force's membership and meeting materials is available at http://www.wasteresources.wi.gov/.

For questions regarding legislation, please contact John Reindl at Reindl@co.dane.wi.us

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