Small businesses involved in the disturbance and development of building sites with disturbed areas of one acre or more will be affected by these rules. Small businesses that own such sites will be required to develop and submit a stormwater management plan in accordance with this chapter.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No new reporting or bookkeeping is required.
Types of professional skills necessary for compliance with the rules.
When utilizing infiltration for the handling of stormwater or clearwater on a building site, a small business may need to retain the services of a certified soil tester, soil scientist or other professional to conduct a site and soil investigation as well as to assist in the design of the stormwater or clearwater infiltration plan.
Environmental Assessment
Relating to: Fees and Uniform State Plumbing Code
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing to be held:
Wednesday, May 19, 2004
9:30 a.m.
TG Thompson Commerce Bldg., Conf. Rm. 3C
Madison, WI
201 W. Washington Ave.
Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
(608) 266-0955
or TTY (608) 264-8777
Written comments will be accepted until: June 4, 2004.
Fiscal Estimate
No State fiscal effect.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting sections
Ins 17.01(3) and
17.28 (6), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees.
Hearing Information
Date: Tuesday, May 18, 2004
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: OCI, 2nd Floor, Room 223, 125 South Webster Street, Madison, WI
Written comments or email comments submitted through the Wisconsin Administrative Rule website at
https://apps3.dhfs.state.wi.us/admrules/public/Home on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by the end of business on the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707-7873.
Analysis
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2004. These fees represent a 20 % decrease compared with fees paid for the 2003-04 fiscal year. The board approved these fees at its meetings on December 17, 2003 and on February 25, 2004, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $46.00 for physicians and $3.00 per occupied bed for hospitals, representing an increase from 2003-04 fiscal year mediation panel fees.
Comparison of Similar Rules in Adjacent States as Found by OCI
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 25,, 2004 meeting.
The Wisconsin Patients Compensation Fund is a unique fund; there are no funds like it in the country. The WI PCF provides unlimited liability and participation is mandatory. These two items are what makes it unique as compared to funds in other states. The only persons being affected by this rule change; are the Fund participants themselves; as the PCF is fully funded through assessments paid by Fund participants.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2004-2005, is approximately $23.0 million, which represents a 20% decrease to fiscal year, 2003-2004 fee revenue.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 125 South Webster Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Environmental Protection—WPDES)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
281.19 (1),
283.31,
283.55 (1) and
299.15, Stats., interpreting chs.
281,
283 and
299, Stats., the Department of Natural Resources will hold a public hearing repealing and recreating Tables A, B, BM, C, D, E, EM and F of ch.
NR 219 and creating Table ES of ch.
NR 219, Wis. Adm. Code, relating to analytical test methods for testing effluent discharges. Chapter
NR 219 establishes analytical test procedures required for the analyses of wastewater samples for WPDES permit compliance. The purpose of revising ch.
NR 219 is to adopt revisions to the federal regulations. Other U.S. EPA methods which have been revised will have their citations updated. In addition, methods for the analysis of PCBs in sludge will be included.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 12, 2004
(Wednesday)
at 9:00 a.m.
|
Video conference participation will be available at:
Room 8F, State Office Building
101 E. Wilson Street, Madison
Room 618, State Office Building
200 N. Jefferson Street, Green Bay
Room 139, State Office Building
718 W. Clairemont Ave., Eau Claire
|
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 Ron Arneson at (608) 264-8949 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copies of Rule
Written comments on the proposed rule may be submitted by mail to Mr. Ron Arneson, Bureau of Integrated Science Services, P.O. Box 7921, Madison, WI 53707 or by e-mail to Mr. Arneson at
Ronald.Arneson@dnr.state.wi.us no later than
May 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rules and fiscal estimates are available at
http:/DNR.Wisconsin.gov/org/es/science/LC/ or may be obtained from Mr. Arneson.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: All certified and registered laboratories analyzing samples for compliance with WPDES permits.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
Fiscal Estimate
The proposed rule would require that municipal sewage treatment plant sludges have required extract clean-up procedures for the analysis of PCBs in sludge. Many laboratories do not use all of the clean-up procedures necessary to enable proper chromatography of sludge samples.
There will be no significant cost increases to the state to prepare and implement the rules.
The increased cost estimates for municipalities are as follows:
Current PCB testing for most municipalities is once every 5 years at a cost estimated at about $125 per sample. At an average of
81 samples per year, this equates to $10,125 per year (81 X $125 = $10,125).
The number of samples would remain the same under the revised administrative code changes. It is assumed the additional clean-up step for the analyses will cost approximately $125 per sample more. Therefore, the total cost under the proposed rule revision
is $20,250 per year (81 X $250 - $20,250).
The estimated net increase in sampling costs is $10,125 per year ($20,250 new - $10,125 existing = $10,125)
It is assumed that there are no other significant costs to the state or to municipalities to implement the proposed rule revisions.
Environmental Analysis
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 of Hearing
Natural Resources
(Environmental Protection-Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.01 (1am),
30.12,
30.121,
30.123,
30.13,
30.19,
30.20,
30.2035,
30.206,
30.208,
30.209,
30.28,
30.291,
30.298,
227.11 (2),
227.24,
281.22,
281.36 and
281.37, Stats., interpreting ss.
30.01 (1am),
30.10 to
30.27,
30.281,
31.02 to
31.38,
281.22,
281.36 and
281.37, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order Nos. FH-13-04(E), FH-14-04(E), FH-15-04(E), FH-16-04(E), FH-17-04(E), FH-18-04(E), FH-19-04(E), FH-20-04(E), FH-22-04(E), FH-23-04(E) pertaining to regulation of activities in Wisconsin's navigable public waters. These emergency orders will take effect on April 19, 2004.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 19, 2004 Room 041, GEF #3
(Wednesday) 125 South Webster Street
at 3:00 p.m. Madison
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 Ms. Liesa Nesta at (608) 266-2997 with specific information on your request at least 10 days before the date of the scheduled hearing.
Analysis Prepared by Department of Natural Resources
The emergency rules explain procedures for exemptions, general permits and individual permits, designate waters where exemptions don't apply, and provide standards for piers, dredging, shore protection and other activities along lakes and rivers. The proposed emergency rules implement
2003 Wisconsin Act 118, which went into effect on February 6, 2004. The rules are intended to speed waterway permit decisions and assure the law changes are applied consistently statewide while maintaining the protections for lakes and rivers that are guaranteed by Wisconsin's courts and constitution. The individual emergency orders include:
• FH-13-04(E) creating ss.
NR 1.016,
1.05,
1.06 and
1.07 relating to Natural Resources Board policies on protection and management of public waters
