Notice is hereby further given that pursuant to ss. 144.431 (1) (a), 144.435 (1), 144.44 (2), (3) and (10) and 227.11 (2) (a), Stats., interpreting s. 144.44 (2), (3) and (10), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 502, 503, 506, 512, 514, 516 and 520, Wis. Adm. Code, relating to solid waste management.
Agency Analysis
The proposed rule will:
1) Increase fees;
2) Allow landfill owners greater latitude to change noncritical aspects of their approved operational plans without waiting for written Department approval; and
3) Correct editorial and typographical errors in the rules.
The proposed fees would increase license fees for landfills and collection and transportation services and increase plan review and license fees on non-landfill solid waste facilities. Another provision of the fee proposal is an expedited plan review fee system for applicants desiring a quick turnaround of their plans.
The current rules allow landfill owners to proceed with specific types of modifications to their approved plans if the Department did not object within 30 days of receipt of the proposal by the Department. The Department is proposing to expand this expedited plan modification process to include all noncritical modifications.
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 Assessment
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 Information
Notice is hereby further given that the hearings will be held on:
December 11, 1996 Room 2550
Wednesday Eau Claire Co. Courthouse
At 10:30 a.m. 721 Oxford Ave.
EAU CLAIRE, WI
December 13, 1996 Room 223
Friday Dept. of Transportation
At 10:00 a.m. 141 NW Barstow St.
WAUKESHA, WI
December 19, 1996 Room 203
Thursday Green Bay City Hall
At 10:30 a.m. 100 Jefferson St.
GREEN BAY, 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 Vera Starch at (608) 267-7564 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Person
Written comments on the proposed rule and fiscal estimate may be submitted to:
Dennis Mack
Bureau of Waste Management
P.O. Box 7921
Madison, WI 53707
Written comments must be received no later than December 20, 1996, and will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [SW-56-96] and fiscal estimate may be obtained from Mr. Mack.
Fiscal Estimate
Approximately 7.7 million tons of solid waste were landfilled in Wisconsin in 1995. During August of 1995, a federal court of appeals decision overturned Wisconsin laws which previously had the effect of reducing flows of waste from neighboring states to Wisconsin landfills. Had this decision come prior to calendar year 1995, we estimate that total tonnages landfilled in Wisconsin for 1995 would have been approximately 7.9 million tons. We also believe that ongoing recycling efforts and increases in the amounts of beneficially reused industrial waste will reduce the amount of waste landfilled in coming years.
Considering these factors, the Department believes that revenue generated by the 10 cent per ton license fee surcharge will run between $680,000 and $790,000 per year. We also estimate that the changes in plan review and license fees for non-landfill solid waste facilities and collection and transportation services will generate approximately $150,000 per year.
As would be the case for the private sector, the increased fees would affect counties, cities and towns that own and operate landfills or other solid waste facilities, as well as those which collect solid waste. Currently, there are 21 licensed county landfills, 7 city landfills and 1 town landfill. Based on the annual landfilled tonnage range listed above, we estimate that the license fee surcharge would result in a county landfill paying, on average, between $1,500 and $1,650 per quarter. A city-owned landfill would pay, on average, between $290 and $320 per quarter, and the town landfill would pay approximately $.50 per quarter.
*County-owned Landfills:
Total Annual Cost
21 landfills x $1,500 to $1,650 x 4
quarters =$126,000 to
quarter year $138,600
*City-owned Landfills:
7 landfills x $290 to $320 x 4 quarters =$8,120 to
quarter year $8,960
*Town-owned Landfills:
1 landfill x $.50 x 4 quarters =$2
quarter year ------------
Total Annual Impact = $134,120 to
$147,600
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 85.16, Stats., and interpreting s. 86.303 (5) (f) (intro.) and (i) (intro.), Stats., the Department of Transportation will hold a public hearing at the time and place indicated below to consider the repeal and recreation of ch. Trans 76, Wis. Adm. Code, relating to general transportation aids.
Hearing Information
December 16, 1996 Room 901A
Monday Hill Farms State Trans. Bldg.
9:30 am. 4802 Sheboygan Ave.
MADISON, WI
Parking for people with disabilities and an accessible entrance are available on the north side of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter no later than 10 days prior to the hearing.
Written Comments and Contact Person
The public record on this proposed rulemaking will be held open until close of business December 16, 1996, to permit the submission of written comments from people unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to:
Marcia Traska
Local Transportation Aids, Room 951
Department of Transportation
P. O. Box 7913
Madison, WI 53707-7913
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: s. 85.16
Statute interpreted: s. 86.303 (5) (f) (intro.) and (i) (intro.)
General Summary of Proposed Rule.
The General Transportation Aids (GTA) Program is a program provided to defray a portion of the costs incurred with constructing and maintaining roads under local jurisdiction. The GTA program is a reimbursement program based on each local government's spending patterns. GTA funds are distributed to all Wisconsin counties and municipalities in amounts determined using a formula which is based on local “eligible costs.” Generally, all road or street construction and maintenance expenditures within the right-of-way are considered eligible costs. A percentage of other expenditures are also considered eligible costs, including law enforcement, street lighting maintenance and construction, and storm sewer construction.
The share of cost rate is determined by the available funding and the six-year average costs reported by each county and municipality. Distribution of GTA payments to local governments are computed and paid on a calendar year basis. Quarterly payments are made on the first Monday of January, April, July and October. The Department obtains cost data from Financial Reports which all local units of government must file annually with the Department of Revenue. The reports are based upon calendar year expenditures and revenues and are submitted each spring and summer.
Late filing of Financial Report forms will result in a reduction of the local government's GTA received in 1996. Failure to submit the Financial Report with the Department of Revenue by the deadline will result in a reduction in GTA payments the following year. The reduction will be equal to 1% for each day late, to a maximum of 10%, as provided in s. 86.303 (5) (f) and (i), Stats.
As provided in s. 86.303(5)(f)(intro.) and (i)(intro.), Stats., the Department proposes this rulemaking to administratively interpret the phrase “each day” to exclude Saturday, Sundays and legal holidays. The Department's long-standing and consistent interpretation of the phrases “within 30 days” and “each day” has been calendar days. The Department has concluded that it would be fairer and more reasonable to continue to interpret the phrase “within 30 days” as calendar days, but to exclude Saturdays, Sundays and legal holidays from the interpretation of the phrase “each day” for the purposes of the one percent reduction for each day that the report is late. The reason for this revised interpretation is that the 10% penalty cap can still be reached within 30 calendar days. Using this interpretation, timely reports and calculations will still be available for state and local budgeting and planning purposes.
Fiscal Estimate
Four local governments will be affected for 1997 GTA payments. These four local governments will receive a total of $18,061.93 more based on less days of penalties. This does slightly affect the distribution of funds, but not the appropriation amounts.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of the rule may be obtained upon request, without cost, by contacting:
Julie Johnson, Paralegal, (608) 267-3703
Office of General Counsel, Room 115-B
