Governor: Change the PECFA award deductible amount for certain underground petroleum product storage tanks. Currently, the deductible for underground tanks is $2,500 plus 5% of eligible costs, but not more than $7,500, except that the deductible for heating oil tanks owned by public school districts and technical college districts is 25% of eligible costs. Under the bill, the deductible for an underground petroleum product storage tank system for marketers (the system stores products for resale) or nonmarketers that handle an annual average of more than 10,000 gallons of petroleum per month, would change to $10,000, plus another $2,500 if the eligible costs exceed $50,000, plus $2,500 if the eligible costs exceed $80,000, plus $10,000 for each whole $100,000 by which eligible costs exceed $150,000. (For example, for eligible costs of $50,000 the deductible would increase from $5,000 to $10,000, for eligible costs of $100,000 it would increase from $7,500 to $15,000, for eligible costs of $250,000 the deductible would increase from $7,500 to $25,000, and for eligible costs of $1,000,000 it would increase from $7,500 to $95,000.) The deductible for aboveground storage tanks located at terminals would change to $15,000 plus 15% (instead of 5%) of the amount by which eligible costs exceed $200,000. A terminal is a facility that is connected to a petroleum pipeline.
The change would first apply to remedial action activities or emergency actions that begin on the effective date of the biennial budget act. The deductible for noncommercial underground tanks of less than 10,000 gallons would remain at the current $2,500, plus 5% up to a maximum of $7,500. This current maximum would also apply, under the bill, to large tanks and commercial tank owners or operators if Commerce promulgates administrative rules that would exempt a class of owners or operators from the higher deductibles.
[Bill Sections: 1987, 1991 thru 1993 and 9310(4)]
9. PECFA -- INTEREST COST REIMBURSEMENT
Governor: Require that PECFA reimbursement for interest costs incurred by a PECFA claimant would be: (a) eliminated for applicants with gross revenues that exceed $20,000,000 in the most recent tax year before the applicant submits a claim; and (b) limited to 5% for other applicants. The limitations would first apply to interest incurred on November 1, 1999, for claims submitted on November 1, 1999. Commerce would be authorized to promulgate administrative rules that specify information and audit requirements to implement the provision. Currently, reimbursable interest rates are limited to 2% above the prime rate for loans secured after January 31, 1993, and before October 15, 1997, and 1% above the prime rate for loans secured on or after October 15, 1997. Currently, the prime rate is approximately 8.5%. Under the 5% interest limitation, interest incurred on or after November 1, 1999, would be reimbursed at 5% if the claim is submitted on or after November 1, 1999, or at up to 2% or 1% above the prime rate (depending on when the applicant secured the loan) for claims submitted before November 1, 1999.
[Bill Sections: 1980, 1986, 9310(3) and 9410(7)]
10. PECFA -- SITE BID INSURANCE
Governor: Authorize Commerce to promulgate rules that require a person to pay a specified fee as a condition of submitting a bid to provide a service for a cleanup under the PECFA program. Any fees collected under the provision would be deposited in the petroleum inspection fund. If Commerce imposes a fee, the Department would be authorized to use the PECFA awards appropriation to purchase, or provide funding for the purchase of, insurance to cover the amount by which the costs of conducting the cleanup service exceed the amount bid to conduct the cleanup service.
[Bill Sections: 220, 714 and 1981]
11. PECFA -- JOINT AGENCY REPORT
Governor: Require Commerce and DNR to submit a report to the Governor and appropriate standing committees of the Legislature every January 1 and July 1 that relates to petroleum storage tank cleanups that are in progress. The report would be required to provide the following information for each petroleum cleanup that is underway: (a) the date on which the record of the site investigation was received; (b) the environmental risk factors, as defined by Commerce rule, identified at the site; and (c) the year in which DNR or Commerce expects to issue a case closure letter or written approval of the remedial action activities for the site.
[Bill Section: 1995]
12. ENVIRONMENTAL REGULATORY SERVICES INFORMA-TION TECHNOLOGY APPLICATIONS
SEG $581,600
Governor: Provide $290,800 annually from the petroleum inspection fund for the services of computer programmer analysts and development of existing and planned database and automation projects. This includes: (a) $111,600 annually for the Petroleum Inspection Bureau, of which $90,000 annually is one-time funding for accelerated modification and improvement of current petroleum inspection and tank databases, and $21,600 annually is ongoing funding for computer programmer analyst services to maintain and modify the databases; and (b) $179,200 annually for the PECFA Bureau, of which $90,000 is one-time funding for accelerated modification and improvement of the current PECFA database, and $89,200 annually is ongoing funding for computer programmer analyst services, maintenance and development of the database and development of data exchanges with DNR.
13. PETROLEUM LABORATORY EQUIPMENT
SEG $59,600
Governor: Provide $29,800 annually from the petroleum inspection fund to purchase mercury free equipment for 14 petroleum laboratories throughout the state. The funds would be provided under a seven-year master lease, with total lease payments over eight fiscal years of $417,200 (based on a 6.25% interest rate). The $333,800 in total principal amount includes: (a) $93,000 for six automatic reid vapor pressure units, which measure the internal pressure within gasoline, or its tendency to volatize; (b) $210,000 for 14 electronic flash point test units, which test the gas contaminants in oil samples; and (c) $30,800 for 14 gravitometers, which measure the specific gravity of gas and oil.
14. PETROLEUM TANK LOCAL PROGRAM OPERATOR PROGRAM
SEG - $1,500,000
Governor: Decrease by $750,000 annually the amount in unallotted reserve for storage tank local program operator (LPO) payments from the petroleum inspection fund. The LPO program provides funds to local governments and contractors that inspect underground and aboveground storage tanks. LPOs are paid based on the number of tanks in the geographic area of the contract. Current expenditure authority for LPO payments is $3,152,000 annually, of which half ($1,576,000) is budgeted as supplies and services and the other half is in unallotted reserve and transferred when payments exceed $1,576,000. The bill would maintain $2,402,000 annually for LPO payments.
15. HAZARDOUS SUBSTANCE TANK REGULATION
SEG-REV $20,000
Governor: Expand the Department's authority for regulation of tanks that store flammable and combustible liquids to also include tanks that store liquids that are considered hazardous substances under the federal Superfund Act. Specify that these tanks would be subject to the current $100 groundwater fee for plan review and approval if they have a capacity of 1,000 gallons or more. The current groundwater fee applies to plan reviews for tanks that store flammable and combustible liquids and that have a capacity of 1,000 gallons or more. Up to 200 tanks annually could become subject to the groundwater fee, which is deposited in the environmental fund.
[Bill Sections: 1973 thru 1976 and 1979]
16. PETROLEUM TANK INFORMATION DISCLOSURE
Governor: Repeal the requirement that the Department must treat as confidential the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises.
[Bill Section: 1977]
17. SAFETY AND BUILDINGS STAFF
Funding Positions
PR $954,400 7.50
Governor: Provide $438,700 in 1999-2000 and $515,700 in 2000-01 with 7.5 positions in the Division of Safety and Buildings. The positions would include: (a) 1.5 private sewage system plan reviewers for septage management activities; (b) 1.0 wastewater specialist for private onsite wastewater treatment system maintenance tracking; (c) 2.0 building plan reviewers; (d) 1.5 engineering consultants related to fire prevention and suppression review and inspection; (e) 1.0 engineering consultant for audit of certain programs delegated to local governments; and (f) 0.5 environmental health specialist to inspect "sick buildings." The Division develops administrative rules, reviews plans and performs inspections related to construction such as commercial buildings, dwellings, plumbing, private sewage systems, electrical and heating systems and elevators. Program revenue is provided from several plan review and inspection activities. Administration officials indicate that Commerce would promulgate administrative rule changes to increase several fees to generate additional revenue beginning in 2000-01.
18. PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM TRAINING CENTER
PR $250,000
Governor: Provide $125,000 each year as one-time financing, to establish, in conjunction with the University of Wisconsin-Small Scale Waste Management Project, a private onsite wastewater treatment system (POWTS) training center at the UW Arlington Farm facility. The Department anticipates that POWTS installers and manufacturers would provide an in-kind match of time or equipment valued at up to $250,000 during the 1999-01 biennium. The training center would provide classroom training and demonstrations using real POWTS components and equipment. Training would be available to local government code administrators, plumbers, soil testers, POWTS system designers, homeowners, builders and realtors.
19. PRIVATE SEWAGE SYSTEM REPLACEMENT OR REHABILITATION GRANT PROGRAM
Governor: Make the following changes in the private sewage system replacement or rehabilitation grant program. Base level funding of $3,500,000 GPR annually is available for financial assistance to home and small business owners who meet certain income and eligibility criteria, to cover a portion of the cost of repairing or replacing failing private sewage systems.
a. Change the definition of annual family income to federal adjusted gross income of the owner of the failing private sewage system and the owner's spouse instead of the current use of the Wisconsin adjusted gross income. Under the program, a person who owns a principal residence served by a failing private sewage system is eligible for a grant if the owner's annual family income does not exceed $45,000.
b. Provide grant eligibility if the private sewage system serving the principal residence or the small commercial establishment was installed before July 1, 1978, and the owner meets the other eligibility requirements. This would replace the current requirement that the principal residence was constructed and inhabited before July 1, 1978, and is served by a covered private sewage system (one that discharges sewage into surface water, groundwater or bedrock or to drain tile or the surface of the ground) or the small commercial establishment was constructed before July 1, 1978, and is served by a covered system.
c. Add a $3 million private sewage system replacement or rehabilitation no-interest loan program administered by Commerce and DOA for counties to supplement state payments if funding is prorated. (See the entry under the "Environmental Improvement Fund.")
[Bill Sections: 2220 thru 2223 and 2225 thru 2227]
20. PRIVATE SEWAGE SYSTEM ADMINISTRATION BY LOCAL GOVERNMENTS
Governor: Make changes related to delegation of regulation of private sewage systems and sanitary permits to local governments as follows.
a. Authorize local governments to delegate the regulation of private sewage systems to Commerce, with the Department's consent. If Commerce consents to the delegation, it could contract for the administration of the delegated responsibilities.
b. Consolidate two authorizing statutes to permit both Commerce and local governments to issue sanitary permits for the installation of private sewage systems. Currently, one statute authorizes local governments to issue sanitary permits for the installation of private sewage systems and another statute permits both the Department and local governments to issue sanitary permits.
c. Authorize Commerce to order a local government to remedy its failure to adopt a private sewage system ordinance or carry out its regulatory duties. This would replace the current prohibition of a local government to issue a sanitary permit for the installation of a private sewage system if the local government fails to adopt an ordinance or carry out its regulatory duties.
d. Specify that the sanitary installation permit may be renewed for a two-year period (rather than current references to a two-year period and a "specified period").
e. Repeal a provision under the soil tester certification statute that states a plumber or septic tank installer may also be a soil tester and may install any system after approval of the site or project by Commerce or the governmental unit responsible for the regulation of private sewage systems. While the bill repeals this provision, there are no other provisions that would prohibit a plumber or septic tank installer from becoming a certified soil tester.
[Bill Sections: 709, 2190, 2192, 2193, 2197, 2199, 2202, 2203 and 2206]
21. REGULATION OF SMALL SEWAGE SYSTEMS
Governor: Require Commerce to regulate "small sewage systems" instead of "private sewage systems," effective January 1, 2000. DNR would regulate sewage systems that are not defined as small systems. Currently, Commerce regulates private sewage systems, which are defined as a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure, or an alternative sewage system approved by Commerce such as a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. Currently, DNR regulates point sources of water pollution that discharge pollution from a pipe into the surface water or groundwater (such as a municipal sewage treatment plant), and requires point sources to obtain a water pollution discharge permit from DNR.
Under the bill, "small sewage system" would mean a holding tank that is connected to a building, drain or waste piping system or a wastewater treatment and disposal system with a final point of discharge that is below the surface of the ground and with an estimated design flow that does not exceed the maximum design flow specified in rules promulgated by Commerce, in cooperation with DNR. Commerce would be authorized to promulgate emergency rules to designate the maximum design flow for a small sewage system.
References to private sewage system would be changed to small sewage systems related to: (a) the governmental unit responsible for the regulation of systems; (b) issuance of sanitary permits; (c) inspection of systems; (d) special assessments for holding and septic tank pumping; (e) variances to siting or design standards; (f) the private sewage system replacement or rehabilitation grant program; and (g) the private sewage system replacement or rehabilitation loan program created under the bill (see the entry under the Environmental Improvement Fund).
DNR would be authorized to exempt, by rule, certain classes or categories of small sewage systems from the requirement to obtain a water pollution discharge permit.
The groundwater statute exemptions for private sewage systems from design and management criteria related to nitrate standards would be changed to refer to "exempt sewage systems." Exempt sewage systems would include a small sewage system or a sewage system that is in existence on January 1, 2000, that would be a small sewage system except that its design flow exceeds the maximum design flow specified in Commerce rules for a small sewage system. This means exempt systems would include holding tanks and all wastewater treatment and disposal systems that discharge below the surface of the ground.
[Bill Sections: 216, 305, 1581 thru 1589, 1639, 1640, 2183 thru 2188, 2190, 2192, 2194 thru 2196, 2198, 2200, 2201, 2204, 2205, 2207 thru 2213, 2215 thru 2219, 2221, 2223, 2224, 2228, 2230 thru 2237, 2239, 2240, 2285, 2506, 2553, 9110(2) and 9410(6)]
22. SMALL SEWAGE SYSTEM INSPECTION FREQUENCY
Governor: Require Commerce to promulgate a rule that establishes a schedule for the inspection and pumping of small sewage systems. The requirement would go into effect on the first day of the 13th month beginning after publication of the budget act and would replace the current requirement for systems to be inspected or pumped every three years under maintenance programs administered by Commerce and local governments (generally counties) for new or replacement private sewage systems.
[Bill Sections: 2214 and 9410(2)]
23. SMALL SEWAGE SYSTEM INSPECTORS
Governor: Delete persons licensed by DNR to service septic tanks (pumpers) as a class of approved inspectors of private sewage systems and add small sewage system inspectors certified by Commerce as persons who may inspect small sewage systems, effective January 1, 2000. The bill would retain current requirements that persons obtain a license from DNR in order to service septic tanks.
[Bill Sections: 2213, 2489, 2490 and 9410(1)]
24. PLUMBING LICENSE DENIAL, SUSPENSION AND REVOCATION
Governor: Direct Commerce to promulgate rules for the denial, suspension and revocation of master or journeyman plumber licenses, cross-connection control tester registrations and utility contractor licenses or temporary permits. The provision would take effect on the first day of the 13th month beginning after publication of the budget act. The bill would replace current statutory authority and specified procedures which the Department must follow to suspend or revoke licenses, permits or registrations of master or journeyman plumbers, cross-connection control testers or utility contractors. Current statutes require Commerce to: (a) provide at least 10 days notice to the licensee before it suspends the license, permit or registration; (b) make certain findings that the holder of the license, permit or registration has made material misstatements in the application, committed gross negligence or misconduct, has failed to correct violations of Department rules or has falsified information; and (c) hold a public hearing before revoking the license, registration or permit.
[Bill Sections: 2191 and 9410(3)]
25. PLUMBING VIOLATIONS REPORTING REQUIREMENT
