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State Budget: The Good, the Bad, and the Ugly
After a night disrupted by protesters and filled with last-minute surprises (eliminating child labor restrictions!), the Joint Finance Committee of the state legislature completed its review of the state's biennial budget sometime after midnight last Friday. Their version now goes to the full Senate, Assembly and finally the Governor, but rumor has it that the JFC's version will prevail as is. Among all the controversial and far-reaching changes to state programs and funding included in the budget, there were mixed results for the three water quality-related issues we've been tracking.
The Good
The Governor first proposed to eliminate, then proposed delaying, implementing a new rule to control how much algae-causing phosphorus can enter waterways, both from the end of a pipe and from runoff from streets and farms. Perhaps it was all the calls and emails from citizens sick of green water, or perhaps the timely letter from EPA to the legislature informing them that the phosphorus rule now has the force of federal law and any changes must be approved by them. But something convinced the JFC to leave the rule alone. There is talk it could come up as separate legislation at a later date, but for the moment, all is well.
The Bad
The Governor also proposed to delete the requirement that cities must reduce so-called Total Suspended Solids (TSS -- the dirt and often toxic grit that runs off city streets and makes the water cloudy) from their stormwater runoff. The JFC, perhaps by accident or perhaps by design, voted to direct the DNR to repeal the entire set of polluted runoff rules and start over! In a rare case of being sensible, the committee saw the error of this particular move and left the rules intact except for the TSS requirement. This is bad, but it could have been a lot worse.
The Ugly
Erosion from construction sites is a major source of sediment in our waters, and the Governor proposed moving enforcement of erosion control for big commercial projects, like big-box stores, from the DNR, where it belongs, to the Department of Regulation and Licensing. The JFC agreed, moving this responsibility to a department with no experience or expertise in erosion control, and no staff to do the work. So when you see a muddy landslide from a big excavation project heading toward your favorite river, just give a call to the foxes guarding the hen house.
Thanks to everyone who contacted their legislators and stood up for water quality - it did make a difference. As for the not-so-good stuff, we'll just have to keep at it.
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Git Yer Permits Here
About seven years ago, the sweeping and grossly misnamed "Job Creation Act" forced significant streamlining of permits for activities that can have big impacts on how people use land on and near water. Constructing structures such as bridges or piers, or altering waterways by digging on the bank of a river or dredging in lakes, are just some of the activities for which permits are required to be issued in 30 days. Some projects might alter hundreds of feet of shoreline, meaning a 30-day review is pretty fast.
That's not fast enough for Rep. Jim Steineke from Kaukauna, who wants those permits issued in just 20 days, even if DNR doesn't have all the information they need, and with fewer and fewer staff to do the work. The bill he proposes also states that if DNR doesn't meet the quick turn-around, the permit is automatically approved! And if a neighbor or citizen concerned about impacts wants to question whether the permit should be issued, the burden is on them to prove the activity could cause damage. Stay tuned, and look for an upcoming commentary about this issue from the River Alliance in The Capital Times to learn more.
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Milwaukee Riverkeeper Files Suit to Bring Down Estabook Dam
Milwaukee Riverkeeper filed a lawsuit against Milwaukee County, the owner and operator of the Estabrook Dam, for failing to maintain the dam in good repair and condition. Milwaukee Riverkeeper is requesting that the court declare the structure a public nuisance, and order that it be removed.
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Estabrook Dam photo courtesy of: Milwaukee Riverkeeper
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The Estabrook Dam, located on the Milwaukee River just south of Hampton
Avenue between Glendale and Milwaukee, has been in decline for decades and Milwaukee County has not addressed numerous outstanding maintenance and repair requirements pursuant to state dam safety regulations, as well as orders issued by the Wisconsin Department of Natural Resources (WDNR).
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The FLOW Newsletter - Environmental Regulations are GOOD for the Economy
 It's an old argument, and it has been beaten back again and again over the decades, because it doesn't hold up to scrutiny. But in this era of "Wisconsin is open for business," the argument is getting recycled and disturbingly reflected in policy proposals: environmental protection is burdensome regulation that gets in the way of creating jobs. Therefore, for an economy to develop, you need to clear out the regulatory brush and not fuss over a wetland here or a threatened species there.
We feature people in this issue who beg to differ. Indeed, they make the case that vigorous and consistent environmental regulation actually is good for business and that businesses can indeed thrive only if there's a healthy environment. In the case of a Sauk County farm family, it is taking an environmentally conscious path that "sells" their products.
We all - businesses, citizens, government, industry - are beneficiaries from the victories from the of the 1970s and '80s, the heyday of environmental regulation. Those were hard-fought victories that, these days, seem elusive and chimerical.
Read The FLOW Online »
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Sunday June 12!  Costume up yourselves, dress up your boat, your kids and the dog too. Float from the dam at Lake Mendota to Yahara Place Park on Yahara Place, site of the Festival. Gather at the parking lot on Sherman Ave. at the Yahara at 9:30, launch at 10:30, arrive no later than 11:30 at the park. Prizes awarded for the most foolish of fools among you.
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