Fiscal Impact
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Written comments on the emergency rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Bergquist.
Notice of Hearings
Natural Resources
(Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to s.
30.2035, Stats., interpreting s.
30.12 (2) and
(3) (a) 3., Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
II of ch. NR 328, Wis. Adm. Code, relating to permanent breakwaters for control of shore erosion. Several of Wisconsin's large inland flowages exhibit systemic problems related to water level management. One of the most severe problems is loss of their adjacent wetlands. Historically, these wetlands have been protected by summer drawdown (to reestablish emergent plants) or by placing of riprap against the face of the wetland. Permanent breakwaters are another newer approach that protects the wetland from erosion while promoting a natural transition zone. This approach entails the construction of an off-shore, wave-arrestor structure to absorb wave energy which provide a quiet zone behind it. Aquatic plants soon colonize the quite zone and provide a natural transition between the water and the wetland. The wave arrestors are typically linear rock structures placed 50-100 feet of shore, roughly parallel to the shoreline.
This proposed subchapter enables the Department to identify the permanent breakwaters in these limited settings as structures and work with local municipalities to control shore erosion and preserve/restore aquatic habitat. The affected waters include Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis ? Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago. The purpose of this subchapter is to establish when deposits of material constitute structures (as opposed to fill) for the purpose of controlling shore erosion and to set criteria for determining when structures will be authorized under s.
30.12, Stats.
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 hearings will be held on:
October 15, 2001 Room 027, GEF #2, 101 South
Monday Webster, Madison
at 3:00 p.m.
October 16, 2001 Schmeeckle Reserve, UW-Stevens
Tuesday Pt., 2419 N. Point Dr., Stevens Point at 3:00 p.m.
October 17, 2001 Room A, James P. Coughlin Center Wednesday 625 E. County Road Y, Oshkosh
at 3:00 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 Paul Cunningham at (608) 267-7502 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 Paul Cunningham, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than October 27, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-31-01] and fiscal estimate may be obtained from Mr. Cunningham.
Fiscal Impact
State Costs:
Subchapter I: The Department anticipates no net increase in costs associated with administering Subchapter I of these proposed rules, only a shift in workload resulting from: 1) less workload associated with long-form permit decisions (site analysis, permit decisions, and contested case hearings); and 2) and offsetting increase in the workload associated with short form review, technical assistance, and application of the rule.
Subchapter II: The Department anticipates no more than one municipal breakwater permit per year as authorized under Subchapter II of these proposed rules. the workload associated with municipal breakwater permit and plan review is estimated to be 100 hours per permit. The annual salary-related costs associated with this permitting and plan review are estimated @ $30 per hour for 100 hours, or $3000 annually. The Department will absorb with workload in its current budget.
Local Costs (Subchapter II only):
Local government costs are permissive only. Currently local units of government do not have the opportunity to place permanent breakwaters on the beds of lakes and flowages through a Department permitting process. Permits for offshore breakwaters may be issued to municipalities for placement in the following water bodies: Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis - Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago.
These listed waters are generally typified by the following conditions - impounded; 5000 acres and larger; extensive water level fluctuation; high shoreline recession rates; and historic loss of shoreline vegetation. As stated above, the Department anticipates no more than one municipal breakwater permit per year, statewide.
There are no direct fees or costs to local municipalities associated with processing permits. Local municipalities' permissive costs (planning, engineering services) to implement breakwater projects and comply with the administrative rule will vary widely. For purposes of this fiscal note, the Department assumes that local governments applying for municipal breakwater permits have developed management plans. The Department estimates that, on average, a local government would invest up to 300 hours to develop the proposed NR 328 permit application information. Assuming that the local government's costs are $30 per hour, it would incur up to $9000 in costs related to the permit application.
Notice of Hearings
Natural Resources
(Hazardous Waste and Water Supply, Chs.
NR 600— and Chs.
NR 800—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
280.11 (1),
281.11,
281.12 (1),
281.17 (8),
283.001 (2),
291.07 (1) and
(2),
292.31 (3),
293.13 (1) and
(2),
295.35 (2) and
(3) and
227.11 (2) (a), Stats., interpreting ss.
281.17 (8) and
283.001 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 600.03 and
600.04 and the creation of ch.
NR 815, Wis. Adm. Code, relating to the control of underground injection wells. Proposed ch.
NR 815 has been developed in response to new federal rules for Class V injection wells that went into effect on April 5, 2000. The new regulations expanded the definition of an injection well, prohibited the construction or use of a large-capacity cesspool, and prohibited the disposal of waste fluids from the repair or maintenance of motorized vehicles via an injection well.
Proposed ch.
NR 815 utilizes definitions that are consistent with those used in the federal regulations and establishes an injection well classification scheme similar to that used in those states where the U.S. Environmental Protection Agency implements the underground injection control program. The proposed rule provides references to existing requirements already found in other parts of the Wisconsin Administrative Code that apply to the use of injection wells. The proposed rule also adopts prohibitions and injection well reporting requirements that are consistent with those imposed under federal law.
Proposed revisions to ch.
NR 600 modify the current state ban on underground injection of hazardous wastes and allow reinjection at clean-up sites under certain circumstances. The current U.S. EPA rules and policy regarding underground injection of hazardous waste allow this type of reinjection. Underground injection of any hazardous waste is currently prohibited in Wisconsin. The rule revisions provide that the Department can approve the injection of treated, contaminated groundwater that meets the definition of a hazardous waste or contains a hazardous waste if that activity is necessary for the cleanup of soil or groundwater 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 hearings will be held on:
October 17, 2001 Room 027, GEF #2, 101 South
Wednesday Webster Street, Madison
at 1:00 p.m.
October 18, 2001 Room A, Oshkosh Public Library,
Thursday 106 Washington Avenue, Oshkosh
at 10:30 a.m.
October 24, 2001 Room 158, DNR West Central
Wednesday Region Service Center, 1300 W.
Clairemont, Eau Claire
at 1:30 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 Richard Roth at (608) 266-2438 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The Bureau o f Drinking Water and Groundwater believes that the primary fiscal effect of the proposed action will be an increase in the cost of establishing and maintaining a statewide inventory of injection wells. The Bureau currently allocates 36 hours of staff time, at approximately $34 per hour for salary and fringe, to maintain a statewide injection well inventory. The time required to maintain this inventory might triple upon the adoption of the proposed chapter because of an increase in the number of wells reporting. The fiscal impact is likely therefore to be $34 x 72 hours = $2448.
The Bureau used the following assumptions in making its determination:
1. Most underground injection has been prohibited under state administrative rules that were first adopted in the 1930s;
2. State administrative rules governing septic systems, including those that may be classified as injection wells, have been adopted and enforced by the Wisconsin Department of Commerce and its predecessor agencies since the 1980s;
3. State administrative rules enacted as part of the Wisconsin Pollutant Discharge Elimination System (WPDES) program already govern or prohibit the discharge of municipal wastewater, industrial wastes, or other pollutants to subsurface land treatment systems;
4. State administrative rules governing environmental remediation already exist, proposed revisions to ch.
NR 600 will simply clarify existing provisions or extend the beneficial use of injection techniques to cleanup sites dealing with hazardous wastes.
5. An unknown number of large-capacity septic systems and other subsurface land treatment systems may need to submit inventory information because they will be included under the expanded definition of an injection well.
The Bureau expects to absorb the costs of this proposal by renegotiating annual workplan activities with EPA and reallocating staff hours from existing authorized positions.
Written comments on the proposed rule may be submitted to Mr. Richard Roth, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than October 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-22-01] may be obtained from Mr. Roth at the above address, by calling (608) 266-2438 or via e-mail at
rothr@dnr.state.wi.us.
Notice of Hearing
Nursing Home Administrator Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Nursing Home Administrator Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
456.02, Stats., and interpreting ss.
456.05,
456.07 (2),
456.08 and
456.10 (1) (d), Stats., the Nursing Home Administrator Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
NHA 1.02 (intro.) and
(3),
2.02 (intro.),
3.02 (5), the Note following ss.
NHA 3.03 (1) (c),
4.01 (1) (d), and the Note following ss.
NHA 4.03 (1); and to create ss.
NHA 1.02 (2n),
(5m) and
5.02 (15) relating to examination, education, continuing education, reciprocity requirements and unprofessional conduct.
Hearing Date, Time and Location
Date: October 18, 2001
Time: 10:00 A.M.
Location: 1400 East Washington Avenue Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
In this proposed rule-making order the Nursing Home Administrator Examining Board amends several provisions contained in chs.
NHA 1,
2,
3 and
4, relating to examination, education, continuing education and reciprocity requirements, and creates several provisions relating to unprofessional conduct.
First, the following minor and technical changes are made to the rules for purposes of clarity, grammar, form and style.
1.
Name and address change. The definition of “NAB" found in s.
NHA 1.02 (3), is being revised to reflect the organization's name change. In addition, the note following s.
NHA 3.03 is being revised to reflect NAB's new address.
2.
Application deadline. Section
NHA 2.02 (intro.), requires an applicant to submit an application for examination “60 calendar days prior to the date of examination. This requirement is being eliminated because the board now offers computer-based examinations on a weekly basis.
3.
Continuing education hours. In s.
NHA 3.02 (5), “continuing education credits" is being change to “continuing education hours" to reflect the terminology used in chs.
NHA 1 and
3.
5.
Address change. The note following s.
NHA 4.03 (1) is being revised to reflect the American College of Health Care Administrators' new address.
Second, s.
NHA 1.02 (2n) is being created to define the term “inspection" to mean any type of inspection conducted by the Wisconsin Department of Health and Family Services pursuant to s.
50.04, Stats., or
42 CFR Part 488. Section
1.02 (5m) is being created to define “pattern of serious violations of federal or state statutes, rules or regulations," as that phrase is used in s.
456.10 (1) (d), Stats.
Third, s.
NHA 5.02 (15) is being created to state that it shall be unprofessional conduct for a nursing home administrator to intentionally provide false information to the board in connection with an application for a license or for renewal of a license.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Proposed Rule
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
458.24, Stats., and interpreting ss.
458.24 and
458.26 (3) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on October 1, 2001, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
