Register

Iron, Mercer Community Center, 2848 Margaret St., Mercer

Jackson, Black River Falls Middle School, LG1 Room, 1202 Pierce, Black River Falls

Jefferson, Jefferson County Fair Grounds, Activity Cen- ter, 503 N. Jackson St., Jefferson

Juneau, Juneau County Courthouse, Courtroom, 220 E. State St., Mauston

Kenosha, Bristol Grade School, Gymnasium, 20121 83rd St., Bristol

Kewaunee, Kewaunee County Courthouse, County Board Room, 620 Juneau St., Kewaunee

La Crosse, Onalaska High School, Auditorium, 700 Hill Top Pl., Onalaska

Lafayette, Darlington Community High School, Cafete- ria, 11838 Center Hill Rd., Darlington

Langlade, Multipurpose Building, Clover Rm., 1581 Neva Rd., Antigo

Lincoln, Tomahawk School Complex, 1048 E. King Rd., Tomahawk

Manitowoc, UW Center-Manitowoc, Room, 705 Viebahn St., Manitowoc

Marathon, Edgar High School, Gymnasium, 203 Birch St., Edgar

Marinette, Wausaukee High School, Auditorium, N11941 Hwy. 141, Wausaukee

Marquette, Montello High School, Community Rm., 222 Forest Ln., Montello

Menominee, Menominee County Courthouse, Basement Meeting Room, Keshena

Milwaukee, Wauwatosa West High School, 11400 W. Center St., Wauwatosa

Monroe, Sparta High School, Auditorium, 506 N. Black River St., Sparta

Oconto, Suring High School, Cafeteria, 411 E. Algoma, Suring

Oneida, Rhinelander High School, Auditorium, 665 Cool- idge Ave., Rhinelander

Outagamie, Riverview Middle School, 101 Oak Street,
Kaukauna

Ozaukee, Circle B Recreation Center, 6261 Highway 60, Cedarburg

Pepin, Pepin County Government Center, County Board Room, 740 7th Ave. W., Durand

Pierce, Ellsworth Senior High School, Auditorium, 323 Hillcrest, Ellsworth

Polk, Polk Co. Government Center, 100 Polk Plaza,
Balsam Lake

Portage, Ben Franklin Junior High School, Auditorium, 2000 Polk St., Stevens Point

Price, Price County Courthouse, County Board Room, Phillips

Racine, Union Grove High School, 3433 S. Colony Ave., Union Grove

Richland, Richland County Courthouse, Circuit Court Room, 181 W. Seminary, Richland Center

Rock, Moose Lodge, 2701 Rockport Rd, Janesville

Rusk, Ladysmith High School, Auditorium, 1700 Edge wood Ave. E., Ladysmith

St. Croix, WI Indianhead Tech College, Cashman
Auditorium, 1019 S. Knowles Ave., New Richmond

Sauk, Al Ringling Theater, 136 4th Ave., Baraboo

Sawyer, Hayward High School, Hayward

Shawano, Shawano Middle School, 1050 S. Union St., Room LGI, Shawano

Sheboygan, Sheboygan Falls High School, Auditorium, 220 Amherst Ave., Sheboygan Falls

Taylor, Taylor County Fairgrounds, Multi-purpose Bldg., Medford

Trempealeau, Whitehall City Center, Auditorium, 36245 Park St., Whitehall

Vernon, Viroqua Middle School, Large Lecture Room, Blackhawk Drive, Viroqua

Vilas, Plum Lake Community Building, Golf Course Rd., Sayner

Walworth, Delavan Darien High School, Auditorium, 150 Cummings St., Delavan

Washburn, Agriculture Research Station, Hwy. 70E, Spooner

Washington, Washington County Fairgrounds, Exhibit Hall, 3000 Hwy. P.V., West Bend

Waukesha, Waukesha County Expo Center, 1000 North View Rd., Waukesha

Waupaca, Waupaca High School, Auditorium, E2325 King Rd., Waupaca

Waushara, Wautoma High School, Performing Arts
Center, 514 S. Cambridge, Wautoma

Winnebago, Oshkosh North High School, Auditorium, 1100 W. Smith, Oshkosh

Wood, Pittsville High School, Gymnasium, 5407 1st Ave., Pittsville

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 Candy Knutson at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule revisions for fisheries may be submitted to Mr. Tim Simonson, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed rule revisions for wildlife may be submitted to Mr. Pat Beringer, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked no later than April 10, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. Written comments will NOT, however, be counted as spring hearing votes.

A copy of the proposed rules and fiscal estimates may be obtained from Ms. Candy Knutson, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Fiscal Estimate

Bureau of Wildlife Management. New turkey management zones. The creation of 2 new management zones would result in an estimated $3,500 in revenue generated from license and stamp sales.

We do not estimate that the other rule proposed will result in an increase or decrease in revenues or expenditures for Wildlife program.

Bureau of Law Enforcement. For a majority of these issues and rule changes, there will be no net change in FTE hours or expenditure of new funds. The change will only be in terms of method of enforcement tactic used and definition of terms within said rules. Wardens will use existing equipment and existing hours to enforce these rules.

In regards to the issues which may possible result in a change in FTE hours or expenditure of funds, (addition Turkey Zones, Longer Trapping season, etc.), it's expected that these additional hours and expenditures can be absorbed within our current budgetary allotments.

Notice of Hearings

Natural Resources

(Environmental Protection—General, Chs. NR 100—)

[CR 00-25 through CR 00-36]

NOTICE IS HEREBY GIVEN that pursuant to ss. 92.15, 227.11(2)(a), 281.16, 281.19, 281.33(4), 281.41, 281.65, 283.001, 283.11, 283.13, 283.31 and 283.37, Stats., interpreting ss. 29.15, 281.11, 281.12, 281.16, 281.19, 281.20, 281.33, 281.41, 281.65, 281.66, 281.96, 281.97, 281.98, 283.001, 283.11, 283.13, 283.19, 283.31, 283.33, 283.37, 283.53, 283.55, 283.59, 283.63 and 283.83, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 120, Wis. Adm. Code, relating to the priority watershed management program, the creation of ch. NR 151, Wis. Adm. Code, relating to runoff management performance standards and prohibitions, the creation of ch. NR 152, Wis. Adm. Code, relating to model ordinances for construction site erosion control and storm water management, the creation of ch. NR 153, Wis. Adm. Code, relating to the targeted runoff management grant program, the creation of ch. NR 154, Wis. Adm. Code, relating to best management practices, conditions and technical standards, the creation of ch. NR 155, Wis. Adm. Code, relating to the creation of the urban nonpoint source and storm water management grant program, revisions to ch. NR 216, Wis. Adm. Code, relating to storm water discharge permits, and the repeal and recreation of ch. NR 243, Wis. Adm. Code, relating to animal feeding operations.

Chapter NR 120 is the rule under which the Department currently administers the nonpoint source water pollution abatement program. Chapter NR 120 as recreated contains changes in three main areas including scope of the chapter, cost-share administration and critical sites administration. There are three main changes in the scope of the rule. The process for selecting priority watershed and lake projects has been eliminated entirely. Provisions dealing with rural local assistance grants have been deleted and moved to ch. ATCP 50 for administration by the Department of Agriculture, Trade and Consumer Protection. Provisions dealing with urban nonpoint source grants are retained in the code to accommodate county administration of urban portions of their priority watershed projects. The section that identifies best management practices eligible for cost sharing and applicable cost share conditions are also retained in ch. NR 120.

Changes in cost share administration include an increase in priority watershed project periods, changes in cost share rates for several best management practices, modified criteria for determining economic hardship and restrictions on cost share reimbursements to rural grantees that exceed the expenditure amounts established by the department. Changes in critical sites administration include added flexibility in the notification schedule and an explicit requirement that grantees cover all critical sites needs provided that adequate cost sharing is made available by the department.

Chapter NR 151 is a new chapter that establishes runoff pollution performance standards for nonagricultural practices, including transportation and performance standards and prohibitions for agricultural facilities and practices. These standards are intended to be minimum standards of performance necessary to achieve water quality standards. The chapter also specifies a process for the development and dissemination of department technical standards to implement the non-agricultural performance standards. In some areas of the state, where the performance standards may not achieve the desired water quality, the chapter proposes a process to establish, by rule, more site specific targeted performance standards. The code also includes requirements for department review of local livestock operation ordinances that exceed state performance standards and prohibitions for agricultural sources of pollution. The chapter also establishes implementation and enforcement provisions for the performance standards and prohibitions. This section has been expanded to include a more detailed strategy for coordination and sharing responsibility for implementation and enforcement between the state and local government, a revised method for determining economic hardship and a method to achieve better integration of state and local resource management issues through grant allocations.

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 [phone] 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: