Natural Resources
(Environmental Protection-General
Chs. NR 100--)
Notice is hereby given that pursuant to s. 299.15, Stats., and interpreting s. 299.15, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 101.13(2), Wis. Adm. Code, relating to the general permit fee. The proposed rule will repeal the general permit base fee of $100.
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.
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.
Hearing Information
July 10, 1997 Room 027, GEF#2
Thursday 101 S. Webster St.
at 1:00 p.m. Madison, 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 Tom Aten at (608) 267-7638 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Tom Aten, Bureau of Integrated Science Services, P.O. Box 7921, Madison, WI 53707 no later than July 10, 1997. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [SS-22-97] and fiscal estimate may be obtained from Mr. Aten.
Fiscal Estimate
Summary Of Order. Chapter NR 101, Wis. Adm. Code, establishes the Wastewater Fees program. The rule was last modified in 1992-'93 in response to statutory changes that increased the amount to be collected and authorized a new approach to the fee structure. These changes allowed us to develop the Wastewater Fee Program based on our Wisconsin Pollutant Discharge Elimination System (WPDES) permitting and monitoring program. The Wastewater Fees Program has two types of fees and assess the larger amount. The discharge fees are calculated by multiplying the amount of pollutants discharged during the year by a rate based on the WPDES limit for each pollutant. Base fees are $500 for major permittees, $250 for minor permittees, and $100 for general permittees- although implementation of the general permit fees was delayed until calendar year 1996. This delay was to allow us to establish a quality assurance process for our general permit database. General Permits cover the discharges from non-municipal entities. We've identified significant impediments to implementing the general permit base fee category and are proposing to eliminate the general permit base fee category.
Fiscal Impact. The proposed revisions to ch. NR 101, Wis. Adm. Code, would have no fiscal impact under the requirements of s. 299.15, Stats., (formerly s. 144.96, Stats.) which sets the fiscal target for the Wastewater Fee program. The fiscal target is capped at the FY93 level of $7,451,700, and is assessed one-half to municipal dischargers and one half to industrial dischargers (including other non-municipal dischargers). Within the industrial portion, this action preserves the current assessment structure. The alternative action, that of assessing general permit base fees to all or selected general permit types, would shift a small portion of the fees from the current dischargers to hose dischargers covered under the applicable general permit(s).
Notice of Hearings
Natural Resources
(Environmental Protection-General
Chs. NR 100--)
Notice is hereby given that pursuant to ss. 281.11, 281.12(1), 281.19(1), 281.41 and 227.11(2)(a), Stats., interpreting s. 281.41, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 110, Wis. Adm. Code, relating to revision of technical standards for wastewater treatment facilities. Changes to the proposed rule include:
1. Separation distance requirements - The purpose of the treatment plant isolation distance changes are to maximize site use, clarify requirements and responsibilities, to protect public health and to eliminate the existing waiver provisions. Except for spray irrigation sites, all the proposed separation distances will be less than currently required. The intent of the change is to ensure a minimum separation distance to protect public health, but to effectively transfer responsibilities for any additional separation for nuisance abatement and aesthetic considerations to the local government. The proposed rule will also allow “appropriately zoned commercial uses” within the required separation distances.
Isolation distances are currently specified as a distance from the treatment unit structures to the residential or commercial dwellings. The proposed rule will define a facility “site” and specify that the separation is from the site boundary, instead of the treatment unit structures. The proposed separation distances would have to be met by all new facilities, but the proposed rule would grandfather existing nonconforming development encroaching on existing facilities, or facilities that have awarded contracts for construction before December 31, 1997.
2. Lift station design - Many general code requirements will be clarified. The most significant changes relate to electrical system requirements and to individual grinder pump installations. To help ensure compliance with the National Electrical Code requirements and to improve safety, the proposed code revisions will require that new or upgraded lift stations be designed to allow removal of all equipment without entering the wet well or confined space. A new subsection for simplex and duplex grinder pump requirements is added.
3. Flow monitoring - The proposed revisions will emphasize the need to address flow measurement equipment in design reports submitted with plans and specifications, and will require that both treatment plant influent and effluent flow be measured. The revision will apply to all treatment plants, including lagoon systems, and will codify the existing Department practice of requiring both influent and effluent flow measurement at lagoon systems due to the potential for significant lagoon leakage.
4. Revision of miscellaneous technical design requirements - A major portion of the current design requirements is based on the “Recommended Standards for Wastewater Facilities” (also known as the “Ten State Standards”). Minor revisions relating to design of settling tanks and extended aeration processes are proposed to make the code consistent with the most recent changes to the Ten State Standards.
5. Miscellaneous updates and clarifications - Section NR 110.05 which establishes the authority to deny sewer extensions will be revised to delete the numerous references to correction programs providing compliance by July 1, 1983. This change will not affect the current authorities or implementation of this rule in any way. A new definition of “design flow” is proposed to clarify the basis of various ch. NR 110 design criteria or methods. This revision will not affect the design flow used in the calculation of effluent limits which is established under other separate rules.
Initial Regulatory Flexbility 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.
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.
Hearing Information
June 18, 1997 Room 137B
Wednesday Transportation Office Bldg.
at 10:00 a.m. 141 NW Barstow St.
Waukesha, WI
July 9, 1997 Room 149
Wednesday Marathon Co. Courthouse
at 9:30 a.m. 500 Forest Street
Wausau, WI
July 10, 1997 Osprey Room, Student Center
Thursday UW Center
at 9:30 a.m. 1800 College Drive
Rice Lake, WI
July 11, 1997 Room 611A, GEF #2
Friday 101 S. Webster Street
at 10:00 a.m. Madison, 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 Roger Larson at (608) 266-2666 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Tom Gilbert, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than July 18, 1997. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WW-46-96] and fiscal estimate may be obtained from Mr. Gilbert.
Fiscal Estimate
There is no financial impact to state or local government.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting ss. 66.75(lm)(f)5., 73.03(50), 77.52(9) and (12), 77.59(9) and (9m), 77.54(7m), 77.705, 77.982(4) and 77.991(4), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on June 1, 1997, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statutes interpreted: ss. 66.75(1m)(f)5., 73.03(50), 77.52(9) and (12), 77.53(9) and (9m), 77.54(7m), 77.705, 77.982(4) and 77.991(4)
SECTIONS 1, 2 AND 3. Tax 11.001(intro.) is amended to add a reference to the stadium tax which was created effective January 1, 1996, by 1995 Wis. Act 56.
Tax 11.001(4) is renumbered Tax 11.001(5) and new Tax 11.001(4) is created to set forth that the common use of the term stadium tax means the Local Professional Baseball Park District Tax created effective January 1, 1996, by 1995 Wis. Act 56.
SECTIONS 4 AND 5. Tax 11.001(5) is repealed and Tax 11.001(6) is created to reflect the insertion of the definition of stadium tax and improve language and style per Legislative Council Rules Clearinghouse standards. Note that Tax 11.001(6) as created is similar to what was provided by sub. (5) prior to its repeal.
SECTION 6. Tax 11.002(title), relating to registration for Wisconsin sales and use and local exposition district taxes, is amended to make clear the subject of this section.
Tax 11.002(1) and (2)(c) are amended to reflect correct punctuation.
SECTION 7. Tax 11.002(2)(d), relating to registering for local exposition district taxes, is created due to the creation of ss. 66.75(1m)(f)5., 77.982(4) and 77.991(4), Stats., by 1993 Wis. Act 263.
SECTION 8. Tax 11.002(3), relating to application for permits or certificates, is amended to reflect the change in title to Form A-101.
Tax 11.002(4)(a) and (b) are amended to conform style to Legislative Council Rules Clearinghouse standards.
The note at the end of Tax 11.002 is revised for the following reasons:
a. To reflect the repeal of s. 77.52(7) and (8), Stats., by 1995 Wis. Act 27.
b. To give the statutory reference for use tax registration not previously mentioned.
c. To reflect the creation of ss. 66.75(1m)(f)5., 77.982(4) and 77.991(4), Stats., by 1993 Wis. Act 263.
SECTION 9. Tax 11.01(1)(b), relating to forms for reporting sales and use taxes, is amended to reflect stadium taxes pursuant to 1995 Wis. Act 56.
SECTION 10. Tax 11.01(1)(i), (j) and (k), relating to forms for reporting sales and use taxes, are created to describe Department of Natural Resources forms that are used for reporting sales or use tax on the sales of boats, snowmobiles and all-terrain vehicles.
SECTION 11. Tax 11.35(title), relating to the occasional sales for nonprofit organizations, is amended to remove reference to an effective date. Since this date is prior to any period open to adjustment under the statute of limitations, it is no longer necessary to mention it in the title.
SECTION 12. Tax 11.35(1) and (2) are renumbered Tax 11.35(2) and (1) to conform to Legislative Council Rules Clearinghouse standards, and Tax 11.35(2)(b), as renumbered, is amended to correct an error regarding the $300 limit for entertainment as provided in s. 77.54(7m), Stats.
SECTION 13. Tax 11.35(3) and (5)(b) are amended to conform style to Legislative Council Rules Clearinghouse standards.
Tax 11.35(6)(a) is amended to clarify that the occasional sales exemption may apply to a nonprofit organization's sales at an admission event where that nonprofit organization is not sponsoring the event.
SECTION 14. Tax 11.97(1) is amended to conform punctuation and style to Legislative Council Rules Clearinghouse standards.
SECTIONS 15 AND 16. Tax 11.97(6)(a), relating to out-of-state companies engaged in business in Wisconsin, is renumbered Tax 11.97(6) to reflect the repeal of Tax 11.97(6)(b), and it is amended to reflect the change in title of Form A-101 and to remove the statement that there is no fee since a fee may apply under the business tax registration provisions that were adopted as part of 1995 Wis. Act 27.
Tax 11.97(6)(b) is repealed and set forth in a Note, since the material is informational rather than substantive.
Text of Rule
SECTION 1. Tax 11.001(intro.) is amended to read:
