Scope statements
Commerce
Subject
Objective of the rule. The objective is to update the department's administrative rules relating to POWTS. This code update may result in one or more rule packages to be presented for public hearings and may include minor changes to other department rules that are related to the POWTS program. A primary driver for the rule update is
2005 Wisconsin Act 347. Certain provisions of Act 347 give specific direction to the department and place additional responsibilities on the department and governmental units particularly with regard to POWTS maintenance. The department has determined that it must consider how to implement the applicable provisions of Act 347 in a timely and equitable manner by working with an advisory code council to review the portions of Act 347 that impact the POWTS program (primarily chapter Comm 83) and the WI Fund program (chapter Comm 87).
Policy Analysis
The current rules, chapters Comm 81-87 apply to POWTS program administrative functions, POWTS soil testing, design, construction, inspection and maintenance. The rules also apply to the WI Fund program.
Chapter
Comm 83 was last revised effective February, 2004. Minor technical issues were addressed during that code revision. This code project will focus on the additional responsibilities placed on the department and governmental units by
2005 Wisconsin Act 347 specifically in the area of POWTS maintenance. In addition, administrative procedures and additional technical issues identified since the last revision will be addressed and updated. The target effective date for this revision is Spring, 2008.
The alternative of not revising these code chapters will result in the continued use of administrative rules that contain technical inaccuracies. It will also prevent the department from addressing the direction and responsibilities contained in Act 347.
Statutory authority
Staff time required
The department estimates it will take approximately 600 hours to develop this rule. This time includes reviewing current code and national standards, drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to perform the rule development process.
Entities affected by the rule
This rule will affect entities public and private that own POWTS or are involved in POWTS program administrative functions, POWTS soil testing, design, construction, inspection and maintenance.
Comparison with federal regulations
There are two existing federal regulations that address some of the activities that are regulated by this rule (Chapter
Comm 83).
40 CFR 144.80(e) addresses Class V Wells also known as Shallow Injection Wells. Specifically,
40 CFR 144.3, defines “Sanitary Waste" as including domestic wastewater. Chapter
Comm 83 addresses treatment and dispersal of domestic wastewater. Also,
40 CFR 144.3, defines “Wells or Injection Wells" as including certain septic systems. Class V regulations specifically address “Large Capacity Septic Systems" which are defined as systems receiving sanitary wastes from multiple dwellings or from non-residential establishments where the system has a capacity to serve 20 or more person per day. These systems are “authorized by rule" provided they meet two minimum federal requirements. 1. The owner or operator submits basic inventory information. 2. The injectate (wastewater) cannot endanger underground sources of drinking water. Chapter
Comm 83, Wis. Adm. Code, addresses Private Onsite Wastewater Treatment Systems (POWTS) which include septic systems that serve all structures residential and non-residential regardless of capacity. Owner information is required as part of the permitting process. Section
145.13, Wis. Stats., requires that chapter Comm 83, Wis. Adm. Code, comply with the provisions of chapter 160, Wis. Stats. Chapter
NR 140, Wis. Adm. Code, contains a list of substances that have preventative action limits and enforcement standards. This list is more specific than the current federal regulations. Chapter
Comm 83, Wis. Adm. Code, incorporates the applicable provisions of chapter 160, Wis. Stats., and chapter NR 140, Wis. Adm. Code.
40 CFR Part 122 addresses National Pollutant Discharge Elimination System (NPDES) permits. Chapter
Comm 83, Wis. Adm. Code, addresses large POWTS systems which are covered by Wisconsin Pollutant Discharge Elimination System (WPDES) permits that are issued by the Department of Natural Resources. The WPDES permit process is modeled after the NPDES permit process.
There are no proposed federal regulations that would address activities that are regulated by this rule (Chapter
Comm 83).
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, Professional Counselor Section
Subject
The Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board proposes amending its rules relating to the issuance of training certificates pursuant to the enactment of
2005 Wisconsin Act 422.
Policy Analysis
Objective of the rule. Training certificates are required in order to obtain 3000 hours of supervised professional counseling practice before being eligible to receive a professional counselor license. Section
MPSW 11.015, sets forth the current requirements for obtaining a training certificate, including a provision that an applicant have an offer of full-time employment. The present certificates are issued for 24 months and are non-renewable. With the enactment of
2005 Wisconsin Act 422 the term “training certificate" is changed to “training license." Additionally, the employment requirement has been eliminated and the amount of time for the credential expanded. Under the proposed new rule, training licenses will be issued for 48 months, with the possibility for an extension. Supervised hours may also be accumulated in an unpaid position.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The section passed the following motions relative to the issuance of training certificates:
The application forms for professional counseling licensure and the professional counseling training certificates are to be combined. (Professional Counselor Section minutes, November 16, 2005)
All supervised hours accumulated on or before March 1, 2005 (without a training certificate) by those individuals eligible for a training certificate will be counted toward licensure. All supervised hours obtained after March 1, 2005, must be completed under a valid training certificate. (Professional Counselor Section minutes, November 16, 2004)
The section designated the credentialing liaison to consult with [Department of Regulation and Licensing] and grant the authority to approve the reapplication of the training certificates. (Professional Counselor Section minutes, February 1, 2005)
The Professional Counselor Section will consider applications for PC licensure for those who received their required supervised practice without the benefit of a training certificate on a case-by-case basis for applicants who gradated prior to 2005. (Professional Counselor Section minutes, October 31, 2005)
The statutory change does not affect existing holders of professional counselor training certificates. Those certificates are valid for the full 24 months and are non-renewable; however, individuals who have not completed their 3000 hours of supervised training at the conclusion of the 24 months will be permitted to apply for a “new" training license.
Statutory authority
Comparison with federal regulations
There is no applicable existing federal legislation.
Entities affected by the rule
Applicants for professional counseling licensure.
Staff time required
200 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, Professional Counselor Section
Subject
The Marriage and Family Therapist Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board proposes to amend its rules relating to the issuance of training licenses pursuant to the enactment of
2005 Wisconsin Act 422.
Policy Analysis
Objective of the rule. Training certificates are required in order to obtain 3000 hours of supervised marriage and family practice before being eligible to receive a marriage and family therapist license. Section
MPSW 17.03, sets forth the current requirements for obtaining a training certificate, including a provision that an applicant have an offer of full-time employment. The present certificates are issued for 24 months and are non-renewable. With the enactment of
2005 Wisconsin Act 422 the term “training certificate" is changed to “training license." Additionally, the employment requirement has been eliminated and the amount of time for the credential expanded. Under the proposed new rule, training license would allow applicants to complete their supervised training hours within 48 months, with the possibility for an extension, and would also permit them to complete those hours in an unpaid position. The new rule would also allow applicants who have a master's degree in a related field and who are enrolled in a COAMFTE accredited or MFT Section approved master's or post-degree marriage and family therapy program, for example, to also be eligible for a training license.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The section passed the following motion relative to the issuance of training certificates at its meeting on April 7, 2004:
The MFT Section may grant a training certificate to an applicant who is employed full-time or who has an offer of full-time employment as an MFT. However, the Section may also grant a training certificate to an applicant who will be in a position, which in the Section's opinion, provides an equivalent experience, and the Section will consider part-time or volunteer positions.
The statutory change does not affect existing holders of marriage and family therapist training certificates. Those certificates are valid for the full 24 months and are non-renewable; however, individuals who have not completed their 3000 hours of supervised training within 24 months will be permitted to apply for a “new" training license.
Statutory authority
Comparison with federal regulations
There is no applicable existing federal legislation.
Entities affected by the rule
Applicants for marriage and family therapist training licensure.
Staff time required
200 hours.
