| 1 | 1 | | LRB-5846/1 |
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| 2 | 2 | | ZDW:cjs |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 1118 |
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| 5 | 5 | | February 23, 2024 - Introduced by Representatives STUBBS, RATCLIFF, BALDEH, |
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| 6 | 6 | | MOORE OMOKUNDE, JOERS, SHELTON, SINICKI, BARE, SUBECK, MADISON, J. |
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| 7 | 7 | | ANDERSON, JACOBSON, DRAKE, PALMERI and OHNSTAD, cosponsored by Senators |
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| 8 | 8 | | AGARD and L. JOHNSON. Referred to Committee on Housing and Real Estate. |
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| 9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 10 | 10 | | AN ACT to create 283.33 (8m) of the statutes; relating to: safety requirements |
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| 11 | 11 | | for storm water retention ponds and granting rule-making authority. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Under current law, the Department of Natural Resources issues water |
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| 14 | 14 | | pollutant discharge elimination system (WPDES) permits and storm water |
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| 15 | 15 | | discharge permits. DNR promulgates rules for the administration of both permits. |
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| 16 | 16 | | This bill requires that DNR promulgate rules establishing that any pond |
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| 17 | 17 | | located in an area with a population density of at least 1,000 people per square mile |
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| 18 | 18 | | that is constructed as part of an activity for which a WPDES or stormwater discharge |
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| 19 | 19 | | permit is required must include one or more of the following safety features: (1) a |
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| 20 | 20 | | shallow ledge around the periphery of the pond; (2) vegetation that is at least 24 |
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| 21 | 21 | | inches high between the pond and any easy point of access; or (3) any other |
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| 22 | 22 | | alternative safety feature authorized by DNR by rule. |
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| 23 | 23 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 24 | 24 | | enact as follows: |
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| 25 | 25 | | SECTION 1. 283.33 (8m) of the statutes is created to read: |
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| 26 | 26 | | 283.33 (8m) RULES FOR STORM WATER POND SAFETY. The department shall |
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| 27 | 27 | | promulgate rules under sub. (8) establishing that any pond located in an area with |
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| 32 | 32 | | 5 - 2 -2023 - 2024 Legislature LRB-5846/1 |
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| 33 | 33 | | ZDW:cjs |
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| 34 | 34 | | SECTION 1 ASSEMBLY BILL 1118 |
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| 35 | 35 | | a population density of not less than 1,000 people per square mile that is constructed |
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| 36 | 36 | | as part of an activity for which a permit is required under sub. (1) or s. 283.31 must |
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| 37 | 37 | | include one or more of the following features for safety: |
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| 38 | 38 | | (a) A shallow ledge around the periphery of the pond. |
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| 39 | 39 | | (b) Vegetation that is not less than 24 inches high between the pond and any |
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| 40 | 40 | | easy point of access. |
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| 41 | 41 | | (c) Any other alternative safety feature authorized by the department by rule. |
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| 42 | 42 | | (END) |
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