NOTICE IS HEREBY GIVEN that pursuant to ss.
281.12,
281.34 and
227.11 (2) (a), Stats., interpreting s.
281.34, Stats., the Department of Natural Resources will hold public hearings on the creation of ch.
NR 820, Wis. Adm. Code, relating to annual reporting of groundwater pumping information from high capacity wells, designation of groundwater management areas, environmental review of high capacity well applications for impacts on groundwater protection areas and springs and evaluation of wells with greater than 95% water loss.
2003 Wisconsin Act 310 expands the Department's authority over high capacity wells to include consideration of impacts to certain sensitive water resources, requires annual reporting of groundwater pumping from high capacity wells and directs the Department to designate two groundwater management areas. The proposed ch.
NR 820, Wis. Adm. Code, implements the provisions of
2003 Wisconsin Act 310. Under the proposed code, all owners of high capacity wells will be required to submit annual pumping reports to the department. The rule also establishes the areal extent of two groundwater management areas, one in the southeast part of the state and another in the northeast part of the state. The two areas include the entire area of each city, village and town in which the level of the underlying groundwater has dropped by at least 150 feet as a result of groundwater pumping.
Proposed ch.
NR 820, Wis. Adm. Code, establishes processes and criteria to guide the review of proposed high capacity wells near springs, trout stream, outstanding resource waters (ORW) and exceptional resource waters (ERW). The rule includes screening criteria that will be used to determine the necessary level of environmental review for wells that are proposed to be located near springs or within a groundwater protection area (within 1200 feet of a trout stream, ORW or ERW). Applicants for wells near springs or in groundwater protection areas will be required to submit information to demonstrate that the proposed well will not result in significant adverse environmental impact to the surface water resource. When it is determined that a proposed well could result in a significant adverse environmental impact, the applicant may be required to submit an environmental impact report and the department will prepare an environmental assessment prior to approving or denying the proposed well. Any approval issued for a well near a spring or within a groundwater protection area must include conditions to ensure that significant adverse environmental impact does not result from construction and operation of the well. Similarly, the proposed rule requires that the department prepare an environmental assessment for any high capacity well that has a water loss of greater than 95%. In addition, the department must include conditions in its approvals to ensure that wells with high water loss do not result in significant adverse environmental impact to nearby water resources.
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 is as follows:
a. Types of small businesses affected: Any small business, including agriculture, golf courses, non-metallic mining, condominium developments, various industrial/commercial uses, recreational facilities, ethanol production and food processing.
b. Description of reporting and bookkeeping procedures required: Annual reporting of water use of all high capacity well owners and specifies informational requirements for high capacity well applications that involve wells located near springs and within groundwater protection areas. Owners will need to keep records of the amount of water pumped from each well.
c. Description of professional skills required: The owner of a high capacity well may need to hire qualified persons to install water metering devices on the wells in order to compile the annual pumpage data. In addition, owners of proposed wells that are to be constructed near springs or in a groundwater protection area will need to contract with qualified consultants to provide the necessary hydrological analysis and other information required in such instances.
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:
Wednesday, December 13, 2006 at 1:00 p.m.
Multipurpose Room, Dunn Co. Judicial Center, 615 Stokke Parkway, Menomonie
Friday, December 15, 2006 at 10:00 a.m.
Room 207, Green Bay City Hall, 100 N. Jefferson St., Green Bay
Monday, December 18, 2006 at 1:00 p.m.
Rooms 255 & 259, Waukesha Admin. Bldg., 515 Moorland Rd, Waukesha
Enter through Courthouse
Tuesday, December 19, 2006 at 2:30 p.m.
St. Croix Room, Dept. of Admin. Bldg., 101 E. Wilson Street, Madison
Wednesday, December 20, 2006 at 6:00 p.m.
Conference Rooms 1 & 2, Portage Co. Courthouse Annex, 1462 Strongs Ave., Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Larry Lynch at (608) 266-7553 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed rule does not create any processes or requirements that were not contemplated and evaluated at the time that Act 310 was enacted. The fiscal impacts associated with Act 310 were recognized by the Legislature; there are no additional state or local government fiscal impacts associated with this proposed rule.
Submission of Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http:// adminrules.wisconsin.gov. Search this website using Natural Resources Board Order No. DG-37-06. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Lawrence Lynch, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 5, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Lynch.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Stats., and subch.
VI of ch. 440, Stats., as created by section 2336m. of
2005 Wisconsin Act 25, and s.
440.03 (13) (a),
(b) and
(c), Stats., and interpreting subch.
VI of ch. 440, Stats., and s.
440.03 (13) (a),
(b) and
(c), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create s.
RL 4.07 (66m) and chs.
RL 174 to
177, relating to the registration of sanitarians.
Hearing Date, Time and Location
Date: December 13, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 13, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Department of Regulation and Licensing has the authority to promulgate rules interpreting the provisions of any statute enforced or administered by it and to effectuate the purpose of the statute. The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch.
VI of ch. 440, Stats., pursuant to
2005 Wisconsin Act 25.
Related statute or rule: The proposed rules are intended to replace the former rules in ch.
HFS 150.
Plain language analysis: The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch.
VI of ch. 440, Stats., pursuant to
2005 Wisconsin Act 25, s.
2336m. Registered sanitarians were previously regulated in ch.
HFS 160.
The proposed rules shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a sanitarian. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders. The rules contain definitions, registration requirements, qualifications for examination, qualifying work experience requirements, reciprocal licensure, and standards of conduct.
Section
RL 4.07 (66m) is created to include registered sanitarians in the department's rules relating to conducting investigations to determine whether an applicant for registration as a sanitarian has been charged with or convicted of a crime.
Summary of, and comparison with, existing or federal regulation: There is no existing or federal regulation pending.
Comparison with rules in adjacent states:
Minnesota: Minnesota regulates and licenses environmental health specialists and sanitarians pursuant to Minnesota Statute 214.3, to plan, develop, and enforce health and sanitation standards and prevent the spread of the communicable diseases. The regulations specify the requirements and procedures for obtaining licensure, including education, examination, work experience and fees.
Michigan: Michigan regulates and licenses sanitarians pursuant to their Public Health Code sec. 1615, with specified requirements for qualifying education, examination and experience.
Illinois: Illinois regulates and licenses environmental health practitioners pursuant to Part 1247 of the Environmental Health Practitioners Act. The Illinois rules include provisions governing licensure and examination requirements, approved educational programs, work experience, supervision, endorsement, renewals and fees.
Iowa: Iowa does not regulate or license sanitarians. A voluntary registration program is operated by the Iowa Environmental Health Association.
The comparison information with the rules in adjacent states was obtained directly from a review of the state statutes and rules. The rule revisions were based on information from various sources and recommendations from advisory committee members who were knowledgeable about the profession. The comparison of the proposed rules to the adjacent states demonstrates that the rules are comparable to those in adjacent states.
Summary of factual data and analytical methodologies:
No study resulting in the collection of factual data was used relating to this rule. The primary methodology for creating the rule is the department's analysis and determination that a rule change is necessary.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The proposed rules would reflect the newly created statutory requirements for the transfer of credentialing authority of registered sanitarians to the Department of Regulation and Licensing. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders and are intended to replace the former rules in ch.
HFS 160.
There are 579 registered sanitarians licensed in Wisconsin. Of the 579 registered sanitarians, a very small percentage of them probably work in small business. The field is primarily made up of state and local public health officials. This rule change will not have an effect on small business.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before December 13, 2006, to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. RL 4.07 (66m) is created to read:
RL 4.07 (66m) Registered sanitarian.
SECTION 2. Chapters
RL 174 to
177 are created to read:
Chapter
RL 174
REGISTERED SANITARIANS AUTHORITY, SCOPE, PURPOSE AND DEFINITIONS
RL 174.01 Authority and intent. The rules in chs.
RL 174 to
177 are adopted pursuant to s.
440.98, Stats., and are intended to replace the former rules in ch.
HFS 160.
RL 174.02 Scope. The rules in chs.
RL 174 to
177 shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a “registered sanitarian."
RL 174.03 Purpose. Sanitarian registration minimum qualifications are established to:
(1) Safeguard life, health and the environment.\
(2) Identify persons qualified in environmental health services.
(3) Develop reciprocity agreements with states having equivalent registration requirements.
(4) Promote the delivery of environmental health services by qualified individuals certified on the basis of recognized examination.
RL 174.04 Definitions. (1) “Accredited college or university" means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.
(2) “Department" means the department of regulation and licensing.
(3) “Environmental health" means the science and art which pertains to the protection of human health through the assessment, management, control and prevention of environmental factors that may adversely affect the health, comfort, safety or well being of individuals or the environment.
(4) “Field of environmental health" means employment, whether private or public, where the principles of environmental health are directly applied to one or more of the following areas:
(a) Air quality.
(b) Food protection.
(c) Hazardous substances.
(d) Product safety.
