There are approximately 10,500 active LUST made spill sites across the state that require some level of remedial effort. Of those, just over 2,000 sites have been transferred to the Department of Commerce for their oversight. Given current staffing constraints, only minimal staff involvement and oversight are provided to responsible parties (RPs) and/or site owners. Most RPs are left to proceed on their own, relying solely on their consultants for guidance. A percentage of the remaining sites, approximately 20% or 1700 sites statewide, have not made progress towards site cleanup, in some cases due to an inability to finance the work. Traditional Department procedures would require staff to initiate formal enforcement actions to gain compliance. Developing and following through on these actions takes considerable staff time and resources, often only to confirm that resources are not available for the RP. This rule offers the Department another enforcement tool to use in gaining compliance with existing rules and regulations, as well as providing an appropriate response for RPs at sites where there is not other alternative to proceed, due to a true lack of resources.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Commerce (CR 96-63):
An order affecting s. Comm 5.99 and ss. ILHR 51.21, 51.23 and ILHR Table 2.64-1 and chs. ILHR 82 and 84, relating to plumbing plans and adopted standards.
Part effective 01-01-97.
Part effective 03-01-97.
Commerce (CR 96-144):
An order amending the effective date clause of Clearinghouse Rule 94-116 and affecting ss. ILHR 2.31, 59.22 and 82.40 and chs. ILHR 50, 51, 52, 54, 55, 56, 57, 58, 60, 62, 63, 64, 66 and 72, relating to energy conservation and ventilation.
Effective 04-01-97.
Health & Family Services (CR 92-55):
An order affecting chs. HSS 46 and 55, relating to group day care centers.
Effective 08-01-97.
Health & Family Services (CR 96-124):
An order affecting ss. HSS 136.03 and 136.04, relating to embalming standards.
Effective 02-01-97.
Health & Family Services (CR 96-154):
An order affecting s. HSS 105.36 and ch. HSS 107, relating to elimination of coverage under the Medical Assistance (MA) program for services that are medically unnecessary, including services and items that enhance fertility in males or females, and limitation of coverage of certain other services to medically necessary situations.
Effective 02-01-97.
Psychology Examining Board (CR 96-123):
An order affecting ss. Psy 2.01, 2.015, 2.05 and 3.01, relating to transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
Effective 02-01-97.
Transportation (CR 96-146):
An order affecting ss. Trans 325.01, 325.02, 326.01 and 328.03, relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
Effective 02-01-97.
Transportation (CR 96-155):
An order amending s. Trans 269.11 (2a), relating to transportation of garbage or refuse permits.
Effective 02-01-97.
rules_published Rules Published In This Wis. Adm. Register
The following administrative rule orders have been adopted and published in the December 31, 1996 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection (CR 96-71):
An order affecting chs. ATCP 10 to 12, relating to animal health, including farm-raised deer and poultry disease reporting requirements.
Effective 01-01-97.
Commerce (CR 96-80):
An order affecting chs. ILHR 63 and 64, relating to ventilation and energy conservation.
Effective 01-01-97.
Commerce (CR 96-89):
An order amending ss. ILHR 14.31 (3) (c) 1., ILHR 14.36 and ILHR 14.38, relating to the inspection of fire extinguishing systems.
Effective 01-01-97.
Employe Trust Funds (CR 96-125):
An order repealing and recreating s. ETF 10.75, relating to signatures on Wisconsin Retirement System (WRS) documents by an agent holding the person's power of attorney.
Effective 01-01-97.
Employe Trust Funds (CR 96-126):
An order creating ss. ETF 20.04 (4), 20.07 and 60.53, relating to optional forms of annuity and to automatic distributions of Wisconsin Retirement System (WRS) benefits to participants and alternate payees who have attained age 69.5 and to beneficiaries of deceased annuitants.
Effective 01-01-97.
Employe Trust Funds (CR 96-137):
An order affecting ss. ETF 10.01, 20.14, 20.15 and 20.16, relating to purchases of service under the Wisconsin Retirement System, including forfeited, qualifying and other governmental service.
Effective 01-01-97.
Health & Family Services (CR 96-103):
An order affecting ss. HSS 124.27, 124.29, 124.30, 124.31, 132.812, 132.815 and 134.815, relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the State Building Code, and fees for plan review.
Effective 01-01-97.
Insurance, Commissioner of (CR 96-37):
An order affecting s. Ins 6.20, relating to investments by town mutual insurers.
Effective 01-01-97.
Insurance, Commissioner of (CR 96-94):
An order affecting chs. Ins 14 and 51, relating to financial standards for insurers.
Effective 01-01-97.
Natural Resources (CR 95-192):
An order affecting the chs. NR 400 series, relating to revision of the definition of volatile organic compound (VOC), and to updating, clarification and corrective changes throughout the chs. NR 400 series.
Part effective 01-01-97.
Natural Resources (CR 96-23):
An order affecting ss. NR 20.015, 20.03 and 21.04, relating to sport fishing.
Part effective 03-01-97.
Part effective 04-01-97.
Natural Resources (CR 96-72):
An order creating s. NR 20.04 (5), relating to sport fishing in urban waters.
Effective 01-01-97.
Natural Resources (CR 96-97):
An order repealing and recreating s. NR 20.038, relating to special size and bag limits for sport fishing on the Lac du Flambeau reservation.
Effective 01-01-97.
Natural Resources (CR 96-112):
An order affecting ss. NR 20.03, 20.036, 20.13 and 20.18, relating to sturgeon spearing.
Effective 02-01-97.
Natural Resources (CR 96-114):
An order amending ss. NR 20.02 (1) (c) and 25.05 (1) (e), relating to sport and commercial fishing for yellow perch in Lake Michigan.
Effective 01-01-97.
Natural Resources (CR 96-116):
An order amending s. NR 20.08 (10), relating to fishing tournament permitting.
Effective 01-01-97.
Revenue (CR 96-83):
An order repealing and recreating s. Tax 11.95, relating to the retailer's discount.
Effective 01-01-97.
Revenue (CR 96-91):
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.