(1) One observer from each of the two political parties whose candidate for governor or president received the greatest number of votes in the municipality, in the last general election, may accompany the special voting deputies to absentee voting locations described in s.
6.875, Stats.
(2) Observers shall conform their conduct to the requirements of s.
GAB 4.01. The special voting deputies shall exercise the authority of the chief inspector under s.
GAB 4.01 to regulate observer conduct.
(3) The special voting deputies shall establish observation areas to allow observers to view all public aspects of the absentee voting process.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the special voting deputies, threatens the orderly conduct of the absentee voting process, the special voting deputies shall issue a warning under s.
GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s.
GAB 4.01 (10).
(5) Observers shall not be permitted to use a video or still camera inside the voting location.
(6) All of the observers' questions shall be directed to the special voting deputies.
GAB 4.06 Observers at a recount.
(1) Pursuant to s.
9.01 (1) (b) 11., Stats., the recount of any election shall be open to any interested member of the public including candidates and their counsel.
(2) Observers shall conform their conduct to the requirements of s.
GAB 4.01. The board of canvassers shall exercise the authority of the chief inspector under s.
GAB 4.01 to regulate observer conduct.
(3) The board of canvassers may limit observers to a designated area, but the observers shall be positioned so that they can see the poll lists and each individual ballot as it is counted. If there is not room for all observers to view the ballots as they are being counted, visual preference shall be given to the candidates or their representatives.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of canvassers, threatens the orderly conduct of the count, the board of canvassers shall issue a warning under s.
GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s.
GAB 4.01 (10).
(5) Observers shall be permitted to use a video or still camera inside the recount location unless it is disruptive or interferes with the administration of the election.
(6) All of the observers' questions and challenges shall be directed to the member of the board of canvassers designated to receive questions and challenges.
GAB 4.07 Communications media observers.
(1) Observers from communications media organizations shall identify themselves and the organization they represent to the chief inspector upon arriving at the polling place. The inspector shall record that information on the inspectors' statement, EB-104.
(2) Communications media observers shall be permitted to use video and still cameras provided the cameras are not used in a manner that allows the observer to see or record how an elector has voted and provided the cameras do not interfere with voting or disrupt the orderly conduct of the election.
GAB 4.08 Polling Place Accessibility Assessments.
(1) This section applies to disability advocates and other individuals authorized by the board to assess the compliance of a polling place with s.
5.25 (4) (a), Stats.
(2) When practical, groups and individuals observing under this section shall notify the clerk at least 24 hours in advance of their intent to assess polling place accessibility.
(3) Disability advocate observers shall be allowed out of the designated observation area to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.
(4) Disability advocate observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.
(5) Disability advocate observers shall be allowed to wear shirts or name tags identifying themselves as disability advocate observers.
(6) Election officials, including poll workers, shall facilitate the work of disability advocates in making their accessibility assessments.
SECTION 3. EFFECTIVE DATE. This permanent rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22(2)(intro.), Stats.
Agency Contact Person
Michael Haas, Staff Counsel, Government Accountability Board, 212 E. Washington Avenue, 3
rd Floor, Madison, Wisconsin 53707-7984; Phone 608-266-0136;
Michael.haas@wisconsin.gov.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
1—
DNR # WA-33-10
NOTICE IS HEREBY GIVEN THAT pursuant to sections
227.16 and
227.17, Stats., the Department of Natural Resources will hold a public hearing on repeal of NR 502.12 (1) (a) to (f), (8) (a) 4. and 6. and (9); renumbering of NR 502.12 (8) (a) 5., 7. and 8.; renumbering and amendment of NR 502.12 (4) (e) 3.(note); amendment of NR 500.03 (45), (185), (253) and (262), NR 502.12 (title), (1) (intro.) and (note), (2), (3) (title), (intro.) and (a), (4) (title), (intro.), (c), (e) (intro.) and 3., (5) (title), (intro.), (b) to (e) and (f) (intro.), 1. and 2., (6) (title), (intro.), (b), (c) and (e), (7) (title), (intro.), (a) to (c), (8) (title) and (a) (intro.), (10) (intro.) and (a) to (e), (h) 3. and (j) (note), (11) (intro.), (a) and (b), (12) (a) and(b), (13) (title), (intro.), (b), (e), (f), (g), (h) and (k), (14) (a) and NR 518.04 (1) (intro.), (b) and (i); repeal and recreation of NR 502.12 (4) (e) 2., (7) (e) and (f), (8) (b), (11) (d), (15), (table 1) and (table 2); and creation of NR 500.03 (20r), (29), (30g), (30r), (44m), (86m), (88m), (155m), (219m) and (253m), NR 502.12 (4) (e) 4., (8) (c), (11) (e), (13) (m), (n), (o) and (p), and (16), Wis. Adm. Code, relating to composting of solid waste, at the date, time and locations listed below.
Hearing Information
The hearing for this matter will be held at 10:00 a.m. on Monday, December 13, 2010 at the following locations simultaneously (the locations will be linked electronically):
State Natural Resources Building (GEF 2) Room 513
101 South Webster Street
Madison, WI 53707
DNR Oshkosh Service Center
Suite 700
625 E. Cty Road Y,
Oshkosh, WI 54901
DNR Northern Region Rhinelander Headquarters
107 Sutliff Avenue
Rhinelander, WI 54501
DNR Southeast Region Headquarters
2300 N. Martin Luther King Jr Drive
Milwaukee, WI 53212
DNR West Central Region Headquarters
1300 West Claremont Avenue
Eau Claire, WI 54702
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Brad Wolbert at 608-264-6286,
Brad.Wolbert@wisconsin.gov. A request must include specific information and must be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System website at
http://adminrules.wisconsin.gov. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Brad Wolbert at 608-264-6286,
Brad.Wolbert@wisconsin.gov.
Submittal of Written Comments
Comments on the proposed rule must be received on or before Tuesday, December 21. Written comments may be submitted via U.S. mail, fax, E-mail or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Brad Wolbert, Bureau of Waste and Materials Management,
Department of Natural Resources
101 South Webster Street
P.O. Box 7921
Madison, WI 53707
Phone: 608-264-6286
Fax: 608-267-2768
Analysis Prepared by the Department of Natural Resources
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Section
227.11, Stats., confers general agency rule-making authority. Sections
289.05,
289.06 and
289.07, Stats., assign the duty and provide the authority to the Department to promulgate rules implementing ch.
289, Stats. Section
289.43, Stats., gives the Department the authority to specify by rule types of solid waste facilities that are not required to be licensed under ss.
289.21 to
289.32 or types of solid waste that need not be disposed of at a licensed solid waste disposal facility.
Related statute(s) or rule(s)
None
Plain language analysis
Composting is regulated as a form of solid waste processing that converts decomposable organic materials to a substance with many beneficial uses and avoids the adverse environmental impacts of landfill disposal or incineration. The proposed rule revisions would (1) expand the types and quantities of decomposable organic materials that could be composted with minimal regulation, and (2) provide a voluntary set of quality standards for certain finished compost products, allowing commercial and municipal composters to distinguish their high-quality compost products in the marketplace.
Summary of, and comparison with, existing or proposed federal regulations
None.
Comparison with rules in adjacent states
Adjacent states' compost regulations have a number of basic similarities to those of Wisconsin, but vary significantly from each other in their details. Note that Michigan, Minnesota and Illinois, like Wisconsin, are in various stages of revising their composting regulations, in large part as a response to burgeoning interest among food residuals generators nationwide in diverting their material from landfills. Iowa's compost regulations are relatively new, and Iowa's DNR is considering proposals to revise them to facilitate larger-scale food residuals composting.
Minnesota:
Minnesota regulations establish two categories of composting facilities: (a) yard material facilities, which are subject to a permit-by-rule system similar in effect to Wisconsin's exemption for yard material compost sites with less than 20,000 cubic yards' capacity, and (b) facilities for composting all other materials, which must obtain individual permits. Minnesota requires all composting facilities to file an annual report with the state regulatory agency. Facilities accepting decomposable material other than yard residuals for composting are subject to design and other permit requirements that were developed for municipal solid waste composting. These have been criticized as being overly strict when applied to materials like food scraps and non-recyclable paper—hence the effort underway to revise the composting rules to establish a “middle" category of composting facility that would avoid some of the current regulatory impediments to composting food and other source-separated decomposable materials. For non-yard facilities, Minnesota's rules require testing of the compost product, and imposes quality standards under a classification system that distinguishes between high quality (Class I) compost suitable for unrestricted use, and Class II compost, the use of which is restricted. The metals standards for the two compost classes are based on federal standards for landspreading sewage sludge, or biosolids, contained in Part 503 of the federal Clean Water Act. Minnesota does apply a more stringent limit to mercury content as well as a PCB limit.
Illinois:
In Illinois, composting is relatively highly restricted by the state. Composting facilities must be individually permitted similar to facilities such as landfills, except for facilities at which landscape material is composted and used on an agricultural crop farm. The practical implication of this regulatory system is that food scrap composting is not economically feasible in Illinois. Illinois legislators have recently proposed bills to remove the regulatory barriers to food scrap composting.
Michigan:
In Michigan, the composting rules are being revised to align composting of food scraps and other decomposable materials with composting of yard residuals. Current Michigan rules do not include general standards for composting materials other than yard residuals, and composters of more than 500 cubic yards are required to obtain a solid waste processing permit. The exception to this requirement is food scraps, which, because they are not considered solid waste in Michigan, are not subject to any composting requirements. In practice, Michigan has very few composting sites other than those for yard residuals in part because local authorities are hesitant to issue permits for food scrap composting in the absence of state rules. Michigan's proposed rules would allow source-separated compostable materials similar to Wisconsin's proposed definition to be composted with yard residuals without plan review, a site-specific permit or an overall limit on the size of the site. The rule would impose operational standards on composting facilities that are comparable to Wisconsin's, with more stringent standards for liners and for control of liquids. Farm sites would be subject to fewer restrictions so long as they were not operating as a large commercial compost operation. The proposed compost facility standards include annual reporting requirements and requirements for testing and labeling of compost products, but do not impose numerical standards for chemical constituents in general-use composts made from yard residuals or source-separated compostable materials.
Iowa:
Iowa's compost regulations establish a tiered system similar to Wisconsin's in concept, with exemptions for small, on-premises and agricultural sites, a permit-by-rule provision for yard residual composting facilities, and an individual permit system for larger composting facilities accepting materials other than yard residuals. Permit-by-rule facilities as well as permitted facilities are required to report volumes annually. Iowa allows permit-by-rule composting of mixed food and yard materials up to 2 tons per week, as well as unlimited quantities of yard residuals and on-farm ag materials. Permit-by-rule and permitted facilities have operational and design requirements comparable to those in Wisconsin for exempt and non-exempt facilities, respectively. Compost from permitted facilities must be tested for pathogens and metals, and meet standards equivalent to federal Part 503 biosolids standards, in order to be applied to land or marketed. Permitted facilities receiving more than 5,000 cubic yards of feedstock annually are subject to financial assurance requirements.
Summary of factual data and analytical methodologies
The Department developed the proposed rule in response to a petition for rulemaking brought by composters and recyclers through the Associated Recyclers of Wisconsin (AROW). To ensure sound and informed technical and policy analysis, the Department formed a technical advisory committee composed of stakeholders representing municipal and commercial composters, the University of Wisconsin, AROW, the environmental community, the Wisconsin Department of Transportation (a potential large-scale user of compost) and the Wisconsin Department of Agriculture, Trade and Consumer Protection. Department staff also consulted with a number of other external interested parties from municipal government, the waste disposal industry, compostable materials generators and other groups. Staff performed an extensive comparison of compost regulations and compost quality standards in other states, Canada and Europe, and reviewed the development of the current federal risk-based metals limits for biosolids.
Analysis and supporting documents used in determination of effect on small businesses
