This rule increases lab certification fees to provide sufficient program revenue to fund the lab certification program. It also creates a variable fee schedule that more closely reflects the time required to conduct on-site certification visits in different types of labs and, when required, determine the competency of individual analysts to conduct specific tests.
Under the proposed rule, a certified laboratory must pay the following applicable fees:
• Water tests. An annual certification fee of $276 for each test which detects microbiological contaminants in drinking water. If the Department certifies a water laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $23 for each full month of certification.
• Milk or food tests. An annual certification fee of $336 for each milk or food test. If the Department certifies a milk or food laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $28 for each full month of certification.
• Certified analysts who perform milk or food tests. An annual certification fee of $25 for each analyst who performs one or more milk or food tests. An analyst's certification is valid for an entire year, even if the analyst is no longer employed at the laboratory where the analyst was employed when the Department last granted or renewed the analyst's certification.
Additional analyst certification. A supplemental fee of $150 for each requested certification of one or more analysts to conduct any milk or food test, if the certification occurs at any time other than during a mandatory inspection.
Fiscal Estimate
The proposed rule increases fees for laboratory certification to offset the costs of this program as required in s. 93.12, Wis. Stats.
The Department certifies approximately 180 milk, food and water laboratories in Wisconsin. Currently, the laboratory certification program is underfunded. Portions of this program are mandatory. The Federal Pasteurized Milk Ordinance (PMO) requires laboratories examining milk and water for the grade A dairy industry to be certified. In order for grade A dairy plants to ship fluid milk and milk products out of state, the milk they process and the water they use must be examined at a laboratory certified under this program. About 85% of milk produced in Wisconsin is shipped out of state.
Certain local health departments and local units of government operate certified laboratories. These may be milk and water laboratories or water only laboratories. These are currently certified by the Department. These laboratories currently pay laboratory certification fees unless they are exempted from paying fees by being an agent of the Department for the retail food inspection program.
As stated above, this program is underfunded.
A. During the current fiscal year the Department collected $123,000.
B. The program is authorized 2.5 FTE's (Full-Time Equivalents) requiring $160,000 annual funding.
C. Proposed fees will likely generate $182,000 annually, which should support the program for four (4) years without any additional fee increases.
The proposed annual fee schedule is as follows:
A. Milk or food test - $336
B. Water test - $276
C. Analyst fee - $ 25
D. New analyst fee - $150
Initial Regulatory Flexibility Analysis
This rule establishes fees for certification of laboratories examining milk, food or water for the protection of public health. The 1995-97 biennial budget act transferred much of the administration of Wisconsin's laboratory certification program from the Department of Health and Family Services (DHFS) to the Department of Agriculture, Trade and Consumer Protection (DATCP). Shortly after that transfer, DATCP proposed rules establishing fees to offset the costs of certification of laboratories as required in s. 93.12, Wis. Stats. These fees are based on recovering 100% of the costs of this program from the industry affected by the program. Those rules also required the DATCP to evaluate laboratory certification fees by FY 2000 and make appropriate adjustments to the fees.
The approximately 180 laboratories currently certified range from small, one person laboratories to large facilities with dozens of analysts. This rule will have a fiscal impact on “small businesses" as defined in s. 227.114 (1) (a) Wis. Stats. Annual laboratory fees are increased as compared to the $216 per test fee currently charged by DATCP. This fee increase is due to the fact that the laboratory certification program is inadequately funded. Inadequate funding occurs because the number of laboratories requiring certification has decreased. Costs of the program have actually been reduced in the past two years by reducing program support activities.
The proposed rule will increase costs for laboratories that test milk, food or water. These laboratories currently pay a fee of $216 per test. Fees under the proposed rule range from $336 for one milk or food test to $3,360 for 10 tests. Fees for water laboratories under the proposed rule range from $276 for one test to $1104 for four tests.
The proposed rule will impact local government water laboratories. These laboratories currently pay fees of $216 per test, based on the number of tests they run. Under the proposed rule, these laboratories would pay a $276 fee for each test.
The proposed rule has no other impact on small businesses. It would not be necessary for certified laboratories to retain additional professional services such as accounting or legal services to comply with this rule.
Notice of Hearing
Commerce
(Plumbing, Chs. Comm 82-87)
Notice is hereby given that pursuant to s. 145.02 (2), Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules affecting ch. Comm 83, relating to private sewage systems.
Hearing Information
The public hearing will be held as follows:
Date and Time: Location:
June 29, 1999 1st Floor Mtg. Room
Tuesday Plover Municipal Ctr.
10:00 a.m. Village of Plover
2400 Post Rd.
PLOVER, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rule-making will remain open until July 10, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Copies of Rules
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-8741, FAX (608) 264-8795 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Contact Information
Agency contact person for substantive questions:
Roman Kaminski, Program Manager
Telephone Number (715) 345-5334
Agency contact person for internal processing:
Jean M. MacCubbin
Environmental Code Consultant
Telephone Number (608) 266-0955
Analysis of Proposed Rules
Statutory authority: ss. 101.02 (1), 101.63 (1), 101.73 (1), 101.82 (1) and 145.02 (3)
Statute interpreted: s. 145.02 (2)
Under s. 145.02, Stats., the Department of Commerce has the responsibility of the proper siting, design, installation, inspection, and maintenance of private sewage systems.
This rule revision relates to action of JCRAR on December 8, 1998 suspending the first two sentences of s. Comm 83.03 (2) regarding current mandate for a property to abandon a private sewage system once public sewer service is available.
This revision would remove the portion of the current rule that requires owners of private sewage systems to discontinue use of such systems and connect to public sewer when public sewer becomes available.
Text of Rule
SECTION 1. Comm 83.03 (2) is amended to read:
Comm 83.03 (2) PUBLIC SEWER CONNECTION SYSTEM ABANDONMENT. When public sewers approved by the department of natural resources become available to the premises served, the use of the private sewage system shall be discontinued within that period of time required by the order, but to exceed one year. The building sewer shall be disconnected from the private sewage systems and be connected to the public sewer. All abandoned treatment tanks and seepage pits shall have the contents pumped and disposed of in accordance with ch. NR 113, Wis. Adm. Code. The top or entire tank shall be removed and the remaining portion of the tank or excavation shall be immediately filled with suitable soil material.
Environmental Analysis and Review
Record of Decision
The Department of Commerce intends to amend s. Comm 83.03 (2), Wis. Adm. Code in response to action taken on December 8, 1998 by the Joint Committee for Review of Administrative Rules. This is an administrative action that would remove the Department's requirement that the use of a private sewage system be discontinued when access to a public sewer becomes available to the property served.
Chapter ILHR 1 categorizes Departmental actions into three types for the purpose of determining needs for environmental analysis and review. Type I actions are major actions that may significantly affect the quality of the environment and require an environmental impact statement (EIS). Type II actions have some potential to affect the environment and require an environmental assessment (EA) to determine whether or not an EIS is needed. Type III actions do not normally have the potential to cause significant effects and do not require an EA or EIS.
The proposed administrative action is not categorized by Table ILHR 1.06. Section ILHR 1.06 (4) establishes that an action not categorized by Table ILHR 1.06 shall be evaluated for determination of the type of action .The Department has evaluated this action and determines that this action is a Type III action and that there is no need for further environmental assessment. This document constitutes the record of decision and findings of the Department's consideration of the potential environmental consequences of the proposed action.
The proposed action is of an administrative nature and would not affect the statutory authority of a local governmental unit, including a sewage district, to require connection to a public sewer. Thus, the Department considers this action to have no potential for significant adverse impact on the human environment.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
None known.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
None required.
3. Types of professional skills necessary for compliance with the rules:
None required.
Fiscal Estimate
The Department further believes that, pursuant to s. 281.34, Wis. Stats., municipalities and sanitary districts are in the best position to determine the availability of, and require connection to, public sewers.
There are no changes to Department workload or revenue with regard to this proposed rule revision.
Notice of Hearing
Commerce
(Credentials, Ch. Comm 5)
(Plumbing, Chs. Comm 82-87)
