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.
Analysis Prepared by the Department of Regulation and Licensing
In this proposed rule-making of the Department of Regulation and Licensing, proposes to repeal and recreate ch.
RL 87, Appendix
I, which contains the Uniform Standards of Professional Appraisal Practice (USPAP).
The department proposes to repeal Appendix I which contains the USPAP and recreate it to incorporate by reference the 2002 edition of USPAP. As required under s.
227.21, Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2002 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Chapter RL 87, Appendix I is repealed and recreated:
Appendix I
Uniform Standards of Professional Appraisal Practice
The 2002 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this appendix. The 2002 edition of USPAP is effective January 1, 2002 to December 31, 2002.
After January 1, 2002, copies of the 2002 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722. After January 1, 2002, copies of the 2002 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at
http://www.appraisalfoundation.org.
Note: As required under s.
227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2002 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2002, copies of the 2002 edition of the USPAP will be on file in the offices of the Department of Regulation and Licensing, the Secretary of State and the Revisor of Statutes.
Fiscal Impact
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
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 53708-8935, (608) 266-0495.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 and
458.085, Stats., and interpreting ss.
458.06,
458.08,
458.13,
458.24 and
458.26, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order revising chs.
RL 80 to
87, relating to real estate appraisers.
Hearing Date, Time and Location
Date: October 15, 2001
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 133
