Additional modifications to proposed ch. NR 151 include substituting riparian buffer options for the previous 0.33 T standard, a change in the way “new" and “expanded" facilities are defined, clarification of water quality management areas in regards to groundwater concerns, a shift in the erosion control performance standard from 80% control of sediment to maximum extent practicable with a goal of 80%, further clarification of when and where the infiltration performance standard is to be met, expansion of the buffer standard to reflect differing water resources, the inclusion of a performance standard on nutrient and pest management for large, nonmunicipal pervious areas and refinement of the transportation subchapter to address unique features of a transportation facility.
Chapter NR 152 is intended to secure voluntary uniformity of regulations that affect municipalities. It contains, as appendices, model ordinances for both storm water management and for construction erosion control sites exclusive of building construction. The performance standards included in the ordinances are taken from ch. NR 151. Adoption of the ordinances on the part of local units of government is voluntary.
Chapter NR 153 contains policy and procedures for administering the targeted runoff management grant program. The department currently administers priority watershed and priority lake projects under ch. NR 120. The department will select projects for funding by using the competitive scoring system established in ch. NR 153. The department will score and select projects annually with advice from the Wisconsin Land and Water Conservation Board. The scoring system considers fiscal accountability, cost effectiveness, water quality, extent of pollutant control, project evaluation and monitoring, likelihood of success and regulatory storm water management requirements for the City of Racine. Projects can be up to 3 years in duration unless the department grants an extension, limited to one year. Projects will be consistent with county land and water resources management plans prepared under ch. ATCP 50 and department priorities established on a geographic basis. Projects are not limited to implementation of state nonpoint source performance standards in ch. NR 151, but it is expected that many projects will focus on compliance with these standards. Projects may be located anywhere in the state, including areas within and outside of existing priority watershed and priority lake projects.
Chapter NR 154 identifies cost-effective best management practices, cost-sharing eligibility restrictions and technical standards for use with department cost-sharing. The rule specifies the conditions that apply to all best management practices and the conditions, standards and specifications that apply to cost-shared best management practices. Rural best management practices to comply with performance standards are also contained in ch. ATCP 50.
Chapter NR 155 is a new rule containing policy and procedures for administering the urban nonpoint source and storm water management grant program. The department may make grants under this program to governmental units for practices to control both point and nonpoint sources of storm water runoff from exiting urban areas, and for plans developing urban areas and areas of urban redevelopment. Urban areas include commercial land use, industrial land use (excluding nonmunicipal industrial areas regulated under ch. NR 216) or areas with a population density of at least 1,000 persons per square mile. In order to receive a grant, the governmental unit with jurisdiction over the project area must assure adequate implementation of a comprehensive storm water management program.
The department will select projects for funding by using the competitive scoring system in the rule. The department will score and select projects every other year. The scoring system considers fiscal accountability, cost effectiveness, water quality, extent of pollutant control, project evaluation and monitoring, likelihood of success and regulatory storm water management requirements for the City of Racine. Projects will be consistent with department priorities established on a watershed or other geographic basis. Projects can be up to 2 years in duration unless the department grants an extension, limited to one year.
Chapter NR 216 establishes criteria and procedures for issuance of storm water discharge permits to certain construction sites, industrial facilities and municipalities to limit the discharge of pollutants, carried by storm water runoff into waters of the state. Chapter NR 216 is primarily being revised to incorporate nonagricultural performance standards in proposed ch. NR 151, subchs. III and IV. As revised, components of construction and municipal storm water discharge permits including storm water management programs, pollutant loading assessments, storm water pollution prevention plans, construction erosion control plans, and storm water management plans will need to meet the nonagricultural performance standards. Additional changes to this chapter are also being proposed to clarify the existing requirements of this chapter.
Chapter NR 243 is intended to implement design standards and accepted animal waste management practices for concentrated animal feeding operations that are classified as point sources. It also establishes the criteria under which the department may issue a notice of discharge (NOD) or a permit to other animal feeding operations that discharge pollutants to waters of the state.
One of the proposed changes to ch. NR 243 is to incorporate the agricultural performance standards and prohibitions into the NOD program. In addition, other changes are proposed to clarify or further define department procedures for large permitted animal feeding operations and other animal feeding operations. Some of the proposed changes to large permitted livestock facilities include clarification of manure management requirements, inclusion of requirements for composting and short-term stacking of manure, clarification of requirements for department approval of design structures and groundwater monitoring and clarification of requirements for mixed waste. Other revisions were made to delineate the circumstances under which the department may issue a notice of discharge or a permit. Finally, changes were made to establish procedures for issuing grants to local units of government to be used as cost sharing to animal feeding operations that receive an NOD.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis for agricultural small businesses is as follows:
a. Types of small businesses affected: Crop and livestock producers
b. Description of reporting and bookkeeping procedures required: For livestock operations with less than 1,000 animal units or crop producers, the reporting, bookkeeping and other procedures required to achieve compliance with applicable performance standards and prohibitions are dependent on the type of performance standard or prohibition. In general, the required bookkeeping procedures are designed to document that an operation is complying with performance standards and prohibitions. For livestock operators with 1,000 animal units or more, annual reports are required for the land application of manure as well as some reporting requirements for compliance issues and groundwater monitoring. It is not expected that reporting requirements will be any different than those currently used.
c. Description of professional skills required: While the performance standards and prohibitions establish an acceptable level of performance for agricultural operations, the level of professional skills required for compliance with the performance standards depends on the performance standard or prohibition. For permit requirements for large operators, the type of professional skills needed to comply with the rule are not expected to be significantly different from the skills needed to meet existing rules.
The initial regulatory flexibility analysis for nonagricultural small businesses is as follows:
a. Types of small businesses affected: Any small business if constructing a new building where the land disturbance exceeds 5 acres or an industrial facility that requires storm water discharge permit coverage under subch. II of ch. NR 216.
b. Description of reporting and bookkeeping procedures required: A small business must submit a Notice of Intent prior to construction. Part of the submittal includes the development of an erosion and sediment control plan, a storm water management plan. Industrial facilities subject to subch. II of ch. NR 216's permitting requirements must prepare an industrial storm water pollution prevention plan where needed. This is already required in the current ch. NR 216. Both types of facilities will need to comply with the nonagricultural performance standards in proposed ch. NR 151.
c. Description of professional skills required: Depending on the site and size of a facility, the creation of the plans may require the assistance of a licensed professional engineer. The need to hire a consultant already exists under the current ch. NR 216.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, the Department has prepared an Environmental Assessment for this action. The Department has made a preliminary determination that the proposal will not cause significant adverse environmental effects and that an Environmental Impact Statement will not be required.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
March 12, 2001
Monday
|
Richland Center Community Center
600 W. Seminary Street
Richland Center
at 1:00 p.m. and 6:00 p.m.
|
March 13, 2001
Tuesday
|
Best Western Midway Hotel
2851 Hendrickson Drive
Eau Claire
at 1:00 p.m. and 6:00 p.m.
|
March 14, 2001
Wednesday
|
Fitchburg Community Center
5520 Lacy Road
Fitchburg
at 1:00 p.m. and 6:00 p.m.
|
March 19, 2001
Monday
|
Room 233, UW-Marathon Center
518 South 7th Avenue
Wausau
at 1:00 p.m. and 6:00 p.m.
|
March 20, 2001
Tuesday
|
Christie Theater
UW-Green Bay Union
2420 Nicolet Drive
Green Bay
at 1:00 p.m. and 6:00 p.m.
|
March 22, 2001
Thursday
|
Room BO201/202
Waukesha Co. Technical College
800 Main Street
Pewaukee
at 1:00 p.m. and 6:00 p.m.
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Carol Holden at (608) 266-0140 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules and Environmental Assessment may be submitted to Carol Holden, DNR Runoff Management Section, P.O. Box 7921, Madison, WI 53707 no later than April 6, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings.
A copy of the proposed rules, Environmental Assessment and fiscal estimates may be obtained from Ms. Holden.
Fiscal Estimates
Ch. NR 120 - Many of the changes to ch. NR 120 are mandated by statute. These statutorily mandated changes include: elimination of new project selection (1997 Wis. Act 27); transfer of rural local assistance grant administration to DATCP (1999 Wis. Act 9); elimination of supplemental cost sharing based on match provided by the local governmental unit (1997 Wis. Act 27); and restrictions on reimbursements that can be made to grantees who exceed the annual expenditure amounts established by the Department (1997 Wis. Act 237). In addition, 1999 Wis. Act 9 essentially required the Department to increase its cost share rates to 70% in order to implement agricultural performance standards established under 1997 Wis. Act 27. Under Act 27, at least 70% cost sharing must be made available before the performance standards can be enforced for existing practices and facilities. There is no net fiscal impact related to the cost share changes because the available funding will simply be distributed among fewer grantees. However, the fiscal impact of transferring rural local assistance grant administration to DATCP - including calculating local assistance grant awards, monitoring spending, and issuing grant documents and award payments - represents a savings of 0.25 FTE and $9100 in salary-related savings to the Department ($17.34/hr x 520 hours).
Ch. NR 151 - State impacts - Ch. NR 151 performance standards will primarily be implemented through existing programs in ch. NR 216 (Storm Water Discharge Permits) and ch. NR 243 (Animal Waste Management), and also through chs. NR 153 and 155 (Runoff Management Grants Program). The Department estimates an increased workload of 10.0 FTE annually related to implementing the ch. NR 151 performance standards, detailed as follows:
Agricultural Performance Standards (Subchapter II of ch. NR 151):
a. Implementing these standards will require approximately 0.5 FTE per region for evaluation, guidance and information and education--or 2.5 FTE statewide. These water resource engineer positions will assist with field investigations, provide guidance to Department and county staff on implementing agricultural performance standards and prohibitions, and conduct outreach efforts to inform and educate landowners and the public on agricultural performance standards and prohibitions. These positions would also provide support to modeling efforts and in-field evaluations designed to determine the effectiveness of agricultural performance standards and prohibitions. This would be an ongoing work effort with approximately 1040 hours per year per region. Salary-related costs associated with these positions equal (1040 hours x $28.36/hr x 5 regions = $147,500).
b. Implementing these standards will also require approximately 0.5 FTE per region for enforcement - or 2.5 FTE statewide. These positions would be water resource management specialists working on enforcement actions associated with implementation of agricultural performance standards for crop producers (performance standards and prohibitions for livestock producers will be handled through ch. NR 243). These positions would work with counties in enforcing county ordinances and serve as the lead in enforcement in counties not enacting ordinances. This would be an ongoing work position requiring about 1040 hours annually per region. Salary-related costs associated with these positions equal (1040 hours x $23.29/hr x 5 regions = $121,100).
c. Implementing these standards will also require approximately 0.5 FTE statewide for reviewing ordinances. This water resource management specialist position would most likely be located in the Department's central office, responsible for reviewing local livestock operation ordinances that exceed statewide performance standards and prohibitions. In consultation with the Department of Agriculture, Trade and Consumer Protection, this position would be responsible for determining if local ordinances exceeding state wide performance standards and prohibitions are justified based on water quality concerns. Given the number of local governments that can enact ordinances and the fact that local ordinances regarding livestock operations are likely to be dynamic in nature as farming practices and the nature of local communities change, it is expected that this would be an ongoing position requiring about 1040 hours per year. The salary-related costs associated with this position are (1040 hours x $23.29/hr - $24,200).
Non-Agricultural Performance Standards, BMPs and Technical Standards (Subchapters II, IV and V of ch. NR 151: a. Implementing these standards will also require a water resource management specialist FTE for developing and revising technical standards for BMPs. This position would be the primary (lead) person working on items such as revising the Wisconsin Construction Site Best Management Practice Handbook and developing an infiltration technical standard. There are over 2080 hours of work to be done on the BMP handbook and infiltration standard and this does not include other technical standards that should be developed. Technical standard revisions will continue to be needed annually in the foreseeable future. The salary-related costs associated with this position are (2080 hours x $23.29/hr = $48,400).
b. Implementing these standards will also require a water resource management engineer FTE for modeling support and developing tools to measure BMP effectiveness. This position would be expected to become an expert at the different runoff models available such as P8 and SLAMM. This position would give support and training to consultants and other Department staff and would be modeling projects to evaluate the effectiveness of BMPs and give recommendations on BMP technical standards development. This is an ongoing position that would require approximately 2080 hours annually. The salary-related costs associated with this position are (2080 hours x $28.36/hr = $59,000).
c. Implementing these standards will also require a 0.50 FTE water resource management specialist per region for evaluation, guidance, and information and education - or 2.5 FTE statewide. This position would conduct field investigations to evaluation project implementation and give the general public and private consultants guidance, training, and education on the performance standards, BMPs, and technical standards. This ongoing work will require approximately 1040 hours annually per region. The salary-related costs associated with these positions are (1040 hours x $23.29/hr x 5 regions = $121,100).
Ch. NR 152 - Ch. NR 152 has no significant fiscal impact on either state or local governments. The only state fiscal impact is that associated with printing, distribution and information/education activity attendant to distributing the ordinances. It is anticipated that this can be done as part of the workload identified in the fiscal estimate for ch. NR 153. There is no impact to local units of government, as adoption of the ordinance is not required by this rule.
Ch. NR 153 - The Department anticipates increased workload totaling 2.0 FTE and increased annual costs of $112,500 associated with implementing ch. NR 153. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements of chs. NR 153, 155 and 120. There are a limited number of cases where the ch. NR 153 grant program will be the only way to honor existing grant obligations created under ch. NR 120 for non-county, non-urban grantees such as lake districts. These situations will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.
Ch. NR 154 - Although there may be fiscal impacts associated with implementing the proposed changes to chs. NR 120, 151, and 243 (see related fiscal notes), there are no fiscal impacts to state or local government directly related to ch. NR 154).
Ch. NR 155 - The Department anticipates increased workload totaling 4.0 FTE and increased annual costs of $225,600 associated with implementing ch. NR 155. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements between chs. NR 153, 155 and 120. The Department has also assured grantees that existing priority watershed grant commitments created under ch. NR 120, and that will now be administered under ch. NR 155, will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.
Ch. NR 216 - There will not be any additional financial costs to either state or local governments to implement the proposed changes to ch. NR 216, except those costs associated with meeting the performance standards of ch. NR 151. Since the additional fiscal impacts to state or local governments are due to implementation of ch. NR 151, the changes proposed to ch. NR 216 are assumed to have no cost to state or local governments. The frequency of reviewing erosion and sediment control plans and storm water management plans will continue at the same frequency. There will be no additional time spent on reviewing plans that will now be required to meet the performance standards under ch. NR 151. Note: See the fiscal estimate for ch. NR 151 for the fiscal effects of implementing the performance standards of ch. NR 151.
Ch. NR 243 -The fiscal impact on DNR will be an increase of 0.8 FTE in workload. This increase is the result of a shift in responsibility for administration of cost-share grants from DATCP to DNR for notices of discharge (NODs). This shift is the result of legislation contained in 1999 Wis. Act 9. The Department will continue to issue NODs to livestock feeding operations with unacceptable practices (practices that impact water quality or fail to comply with statewide performance standards and prohibitions in draft NR 151 Wis. Adm. Code). Cost-sharing is provided to livestock feeding operations who receive NODs to assist them financially in correcting unacceptable practices associated with manure management.
The Department has historically been only responsible for ensuring compliance with the NODs. The Department will now also handle grant administration functions including determining grant eligibility, preparing grants, reviewing grants and grant forms; tracking projects; developing and maintaining policy and procedures; and fiscal management functions including recording contracts, balancing accounts, maintaining files and dispersing funds.
DATCP staff currently handle the workload associated with cost-share grant administration for NODs. DATCP estimates that the decrease in staff workload associated with the shift of this responsibility to DNR is 7% of 10 grant management and policy FTEs and 10% of 1 fiscal management FTE.
Assuming that 7% of 10 FTEs + 10% of 1 FTE will be sufficient to address this workload:
7% x 1820 hrs. x 10 FTEs = 1274 hrs.
10% x 1820 hrs. x 1 FTE = 182 hrs.
Total = 1456 hrs. = 0.8 FTE.
0.8 FTE x $65,000 (salaries, fringe and supplies and services) = $52,000
Some land conservation department staff may elect to assist in the administration of NODs in their county. It is estimated that approximately 1/3 of the counties in the state (24) will decide to participate. NOD activities are further estimated to entail an average of .10 FTE annually, or a total of 2.4 FTE statewide. Based on estimates of $50,000 per county FTE for salaries, fringe benefits and supplies and services, this will total $120,000 annually in local costs.
Notice of Hearings
Natural Resources
(Environmental Protection—General, Chs. NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 281.665 and 227.11(2)(a), Stats., interpreting s. 281.665, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 199, Wis. Adm. Code, relating to the municipal flood control and riparian restoration grant program. The grant program provides 70% cost-sharing grants to cities, villages, towns and metropolitan sewerage districts to acquire or floodproof structures, purchase easements, restore riparian areas or construct flood control structures. Applications would be ranked based on avoided flood damages, restoration or protection of natural and beneficial functions of water bodies, use of natural flood storage techniques or environmentally sensitive detention ponds and enhanced recreation opportunities. The proposed rule establishes the eligibility, requirements and procedures for filing applications and awarding grants.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 13, 2001
Tuesday
10:00 a.m.
|
Video conference participation will be available at:
Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 542, State Office Building
819 North 5th Street
Milwaukee
Room 618, State Office Building
200 North Jefferson Street
Green Bay
Room 139, State Office Building
718 North Clairemont Avenue
Eau Claire
Room B29, State Office Building
3550 Mormon Coulee Road
La Crosse
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Gary Heinrichs at (608) 266-3093 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Gary Heinrichs, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 23, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT 10-01] and fiscal estimate may be obtained from Mr. Heinrichs.
Fiscal Estimate
There is no fiscal impact.
Notice of Hearings
Natural Resources
(Environmental Protection—Remediation, etc.),
Chs. NR 700—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11(2)(a), Stats., interpreting ss. 292.11 and 292.31 and ch. 160, Stats., the Department of Natural Resources will hold a public hearing to revise ss. NR 714.05 and 714.07, Wis. Adm. Code, relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site. The proposed rule requires persons who are responsible for hazardous substance discharges to notify affected property owners if the hazardous substance contamination migrates off of the source property onto neighboring properties. The proposed rule also includes the requirement that, for leaking underground storage tank sites, responsible persons are to notify the general public, not just neighboring property owners, whenever a site investigation is required at a site, in addition to providing notice to property owners whose property has been affected by migrating contamination.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 21, 2001
Wednesday
1:00 p.m.
|
Video conference participation will be available at:
Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room 542, State Office Building
819 North 5th Street
Milwaukee
Lower Level Conference Room
DNR Headquarters
810 W. Maple Street
Spooner
Room 3
DNR Regional Headquarters
107 Sutliff Avenue
Rhinelander
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Terry Evanson at (608) 266-0941 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Ms. Laurie Egre, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than March 30, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR 39-00] and fiscal estimate may be obtained from Ms. Egre.
Fiscal Estimate
There is no fiscal impact.
Submission of proposed rules to the legislature
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 00-145)
Ch. ATCP 11 - Relating to importing bovine animals, goats or cervids from tuberculosis “non-modified accredited" states.
Agriculture, Trade and Consumer Protection
(CR 00-146)
Chs. ATCP 10 and 11 - Relating to the reimbursement of Johne's disease testing costs. It also makes minor technical changes to current equine rules.
Ch. DE 2 - Relating to a system of remediation for applicants who have failed the clinical and laboratory examinations more than 3 times.
Ch. HFS 133 - Relating to home health licensure.
Ch. NR 233 - Relating to the regulation of effluent limitations and pretreatment standards for the pesticide chemicals industry.
Ch. NR 252 - Relating to the regulation of effluent limitations and pretreatment standards for the leather tanning and finishing industry.
Ch. NR 19 - Implementing the department's authority to void local hunting, fishing and trapping ordinances.
