Conflict over use of Lake Michigan water for Foxconn lies at the heart of public hearing

Foxconn Technology Group’s plans to use millions of gallons of water a day from Lake Michigan has prompted sharply different views that will be on display Wednesday night in an important next step in the state’s regulatory review of the massive manufacturing complex.

At issue is whether Foxconn should be able to tap Lake Michigan water and what impact the company’s industrial process will have on the lake.

RELATED: Racine seeks state OK to tap up to 7 million gallons from Lake Michigan a day for Foxconn in Mount Pleasant

The City of Racine wants approval to divert an average of 7 million gallons a day. Of that, the city says 5.8 million gallons is to be used by Foxconn in the Village of Mount Pleasant.

The Foxconn complex would cost an estimated $10 billion to build and could employ as many as 13,000 workers.

The state Department of Natural Resources is holding a hearing at 6 p.m. in Sturtevant at the SC Johnson iMET Center on the request.

The DNR plays an oversight role because Mount Pleasant is situated in both the Lake Michigan and Mississippi River basins. Thus, it straddles both watersheds.

Racine officials have touted the economic benefits of the Foxconn project and say the company’s water needs would still fall far below industrial demand of 20 years ago.

Water use between 1995 and 2015 fell by 41% to 13 million gallons a day — less than a quarter of Racine’s authorized capacity, the city said.

But environmental groups and residents have raised concerns about Foxconn on numerous fronts — the lack of a state wetlands review and no requirements for a state environmental impact statement, for example. Those groups question whether the request meets requirements of the Great Lakes Compact and state law that implements the compact.

A key point, they say, is whether Racine’s request to divert water meets the test for public use because it will be piped to a factory.

“It should be for a public water supply and not a narrow private water use,” said Ezra Meyer of Clean Wisconsin.

The Great Lakes Compact, approved in 2008 to protect water resources, requires the state to approve requests by so-called straddling communities like Mount Pleasant when water leaves the Great Lakes basin.

Racine’s proposal for 7 million gallons compares to the 8.2 million gallons Milwaukee will ship to the City of Waukesha, which lies outside of the Great Lakes basin and whose request was handled differently. Waukesha needed the approval of other Great Lakes states.

Environmental groups are also expected to ask the DNR to ensure that pollutants from Foxconn operations are treated properly and kept out of the lake.

Foxconn will manufacture liquid crystal display panels for a variety of commercial uses — a process of applying crystals over layers of ultra-thin sheets of glass or plastic that requires large volumes of water.

A third concern is the substantial amount of water that will not be returned to the basin — so-called consumptive use. Racine’s application shows that 2.7 million gallons, or 39% , will be lost, largely due to evaporation.

Adam Freihoefer, the DNR’s chief of water use, said his agency is reviewing state law and compact language to see if Foxconn would constitute a private use of water.

DNR’s work on the diversion request will also analyze Foxconn’s consumptive loss. Freihoefer also said officials with both the DNR and Racine will explain Wednesday how wastewater from the plant will be handled.

Foxconn plans to pre-treat effluent before wastewater is returned to Racine’s wastewater facility. The DNR must approve Foxconn’s pre-treatment systems. Afterward, day-to-day oversight comes from Racine.

RELATED: Foxconn in Wisconsin

Clean Wisconsin’s Meyer said the problem with Foxconn is that the company’s manufacturing process is novel in the United States.

“In what state will the water be?” Meyer asked. “How dirty will it be? What is the technology? We really don’t have any information.”

A Racine spokesman said permits from a company for pre-treatment systems typically are applied for as construction nears completion.

A fact sheet released by Racine officials said specific information on Foxconn’s wastewater is not yet available.

“It’s important to note that Foxconn will be treated the same as any industrial wastewater users,” Racine’s fact sheet says. “There are no exemptions to any local, state or federal environmental requirements related to wastewater discharges."

On the issue of public vs. private use of water, Racine officials said Foxconn will be employing thousands of employees who will need to use water.

Foxconn said in a statement on Wednesday that "environmental sustainability is a priority and that includes compliance with the Great Lakes Compact," and Wisconsin laws regulating water quality and treating wastewater.

The DNR expects to decide on the diversion by early May.

WisconsinEye plans to broadcast the hearing live, starting at 6 p.m.