Section NR 419.07 (4) is proposed to be amended to provide that in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha counties, contaminated soil with a total organic compound concentration of more than 250 mg/kg may only be landspread on the property from which the soil was excavated unless the project has been approved by the Department under ch. NR 502 or 518, and to prohibit the operation of more than one landspreading facility on a property at any one time in all counties within the state.
Distinctions between landspreading of contaminated soil as proposed to be regulated in ch. NR 718, and as it is currently regulated in ch. NR 518, include:
1. Landspreading regulated under ch. NR 718 will be limited to single applications of contaminated soil on a landspreading facility.
2. Chapter NR 718 will allow responsible parties to landspread petroleum-contaminated soil without prior approval from the Department if the criteria specified in the rule are met.
3. Chapter NR 718 will not require that a plan review fee be assessed to the responsible party.
4. Chapter NR 518 will continue to regulate operations where contaminated soil is landspread more than one time.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
Notice is hereby further given that the Department has prepared an environmental analysis (EA) for these proposed rule changes. The Department's EA concluded, however, that the proposed changes to chs. NR 419, 518 and 718 do not constitute a major action which would significantly affect the quality of the human environment and, therefore, an environmental impact statement is not required under ch. NR 150, Wis. Adm. Code.
Hearing Information
Notice is hereby further given that the hearings will be held on:
November 11, 1996 Council Chambers
Monday Rhinelander City Hall
At 1:00 p.m. 135 South Stevens
RHINELANDER, WI
November 12, 1996 Room 2560
Tuesday County Board Room
At 9:00 a.m. Eau Claire Co. Courthouse
721 Oxford Ave.
EAU CLAIRE, WI
November 12, 1996 Council Chambers
Tuesday Tomah City Hall
At 1:00 p.m. 819 Superior Ave.
TOMAH, WI
November 13, 1996 Council Chambers
Wednesday Janesville City Hall
At 10:00 a.m. 18 North Jackson St.
JANESVILLE, WI
November 14, 1996 Council Chambers
Thursday Manitowoc City Hall
At 9:00 a.m. 817 Franklin St.
MANITOWOC, WI
November 14, 1996 Room 137A
Thursday Dept. of Transportation
At 1:00 p.m. 141 NW Barstow St.
WAUKESHA, WI
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 Lawrence Lester at (608) 266-7596 with specific information on your request at least 10 days before the date of the scheduled hearing.
Public Comments/Alternatives Sought
The Department is specifically seeking comments from the public which address alternatives to the proposed limitation of single application landspreading in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha counties to the property where the contaminated soil originated. The provision has been proposed in order to limit the volatilization of organic compounds in the area of the state where ozone attainment efforts are ongoing.
Copies of Rule and Contact Person
Written comments on the proposed rule changes, and on the EA, may be submitted to:
Lawrence J. Lester
Bureau of Remediation & Redevelopment
P.O. Box 7921
Madison, WI 53707-7921
Written comments must be received no later than November 18, 1996, and will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule changes [SW-9-96], the EA and the fiscal estimate may be obtained from Mr. Lester at no charge.
Fiscal Estimate
Background:
Chapter NR 718 was created to address the storage, transportation, treatment and disposal of contaminated soil, and certain other solid wastes, generated at Emergency and Remedial Response Program (now the Remediation and Redevelopment Program) response actions conducted in accordance with the requirements of chs. NR 700 to 726. When ch. NR 718 became effective on May 15, 1995, the landspreading of all solid waste was regulated by the Solid Waste Program of the Bureau of Solid and Hazardous Waste Management (now the Bureau of Waste Management) under ch. NR 518.
As of June 15, 1995, single-application landspreading of contaminated soil excavated during response actions conducted in accordance with chs. NR 700 to 726 is overseen by district Remediation and Redevelopment Program staff under the authority of ch. NR 518. The proposed amendment to ch. NR 718 is intended to move the rule provisions that apply to single-application landspreading to ch. NR 718, to streamline the cleanup process by maintaining a single point of contact for cleanup actions where single-application landspreading is being pursued as a remedial option.
Fiscal Impact to State Government:
The amendment to ch. NR 718 does not create additional regulatory workload. No state fiscal impact is anticipated as a result of the amendment of ch. NR 718.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. ILHR 202 - Relating to relocation assistance.
Chs. ILHR 82 and 84 - Relating to plumbing plans and adopted standards.
Chs. ILHR 20 and 21 - Relating to soil erosion at one- and two-family dwelling construction sites.
SS. HSS 172.04, 175.04, 178.05, 195.04, 196.04, 197.04 and 198.04 - Relating to permit fee increases for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels, motels and tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations.
SS. HSS 172.03 and 172.05 - Relating to operation of public swimming pools.
Chs. NR 19, 21 and 22 - Relating to turtle harvest.
SS. NR 20.03, 20.036, 20.13 and 20.18 - Relating to sturgeon spearing.
SS. NR 20.02 and 25.05 - Relating to sport and commercial fishing for yellow perch in Lake Michigan.
S. NR 20.08 - Relating to fishing tournament permitting.
SS. Psy 2.01, 2.015, 2.05 and 3.01 - Relating to transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
