Register

Notices_A31

N o t i c e S e c t i o n

Notice of Hearing

Agriculture, Trade and
Consumer Protection

[CR 99-117]

▶ (Reprinted from Mid-August, 1999 Wis. Adm. Register,
  page 21)

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides.

Hearing Information

The hearings will be held at the times and places shown below.

August 31, 1999   La Petite Room

Tuesday   Best Western

1:00-4:00 p.m.   1616 Crestview Dr.

6:30-8:00 p.m.   HUDSON, WI

September 1, 1999   Main Meeting Room

Wednesday   Comfort Suites

1:00-4:00 p.m.   300 Division North St.

6:30-8:00 p.m.   STEVENS POINT, WI

September 2, 1999   Room Timber Wolf A

Thursday   Black Wolf Lodge

1:00-4:00 p.m.   1400 Black Wolf Dr.

6:30-8:00 p.m.   WISCONSIN DELLS, WI

Copies of Rule

A copy of this rule may be obtained, free of charge, form the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, 2811 Agriculture Drive, Box 8911, Madison, WI 53708-8911, or by calling [phone]. Copies will also be available at the public hearings.

Written Comments

The public is invited to attend the hearings and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement which accompanies the rule. Following the public hearings, the hearing record will remain open until September 17, 1999 for additional written comments.

An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by August 20, 1999 either by writing to Paula Noel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4505) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.

Written comments will be accepted until September 17, 1999.

Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection

Statutory authority: ss. 93.07(1), 94.69(9), 160.19(2), and 160.21(1)

Statutes interpreted: ss. 94.69, 160.19(2) and 160.21(1)

In order to protect Wisconsin groundwater, current rules under ch. ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards.

Based on new groundwater test data, this rule expands the number of areas in which atrazine use is prohibited.

This rule also corrects an outdated statutory reference in the department's current aldicarb (not atrazine) rules. Currently, under s. ATCP 30.24(5)(b), Wis. Adm. Code, the Department may grant an exemption from an aldicarb use prohibition if certain conditions are met. The current rule identifies those conditions by reference to a statute which has since been repealed. This rule eliminates the outdated statutory reference, and identifies the conditions in the rule itself. This rule does not change the substance of the current aldicarb rule.

Atrazine Prohibition Areas

Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 101 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.

This rule repeals and recreates 1 current prohibition area to expand the area, and creates 2 new prohibition areas, resulting in a new total of 103 prohibition areas throughout the state. The rule includes maps describing each of the new and expanded prohibition areas.

Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface which complies with ss. ATCP 29.151(2) to (4), Wis. Adm. Code.

Fiscal Estimate

See page 21 of the Mid-August, 1999 Wis. Adm. Register.

Initial Regulatory Flexibility Analysis

See page 22 of the Mid-August, 1999 Wis. Adm. Register.

Notice to Dept. of Development

The Department has given notice of this proposed rule to the Wisconsin Department of Development, as required by s. 227.114(5), Stats.

Draft Environmental Impact Statement

The Department has prepared a draft environmental impact statement (EIS) for proposed 2000 amendments to rules on the use of pesticides containing atrazine. Copies are available from the Department on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI, 53708 in care of Jeff Postle. Phone [phone]. Written comments on the EIS will be accepted until September 17, 1999.

Notice of Hearing

Commerce

(Plumbing Code, Chs. Comm 82-87)

[CR 99-123]

Notice is hereby given that pursuant to ss. 227.14 (4m) and 227.17, Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules relating to: Chs. Comm 82 and 84, Wisconsin Uniform Plumbing Code.

Hearing Information

The public hearing will be held as follows:

October 6, 1999   Conference Room 3C

Wednesday   WHEDA

10:30 a.m.   201 West Washington Ave.

  MADISON, WI

This hearing is held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Written Comments and Contact Information

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until October 16, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to:

Jean M. MacCubbin

Department of Commerce

Safety & Buildings Division

P.O. Box 2689

Madison, WI 53701-2689

Copies of Rule

A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689; telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Analysis of Proposed Rules

Statutory authority: ss. 101.02 (1), 101.63 (1), 101.73 (1), 101.82 (1) and 145.02 (3)

Statutes interpreted: ss. 145.02 (4), 145.045, 145.13, 145.135, 145.19, 145.20

Under s. 145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of the Department to fulfill this responsibility has been the promulgation of the state uniform plumbing code, chs. Comm 82-87.

This rule revision includes changes to various definitions important to health-related occupancies so as to conform to regulations of the Department of Health and Family Services (DHFS). Other proposed revisions are in response to 1997 Wis. Acts 27, 237 and 768 and updating administrative rules to be more contemporary within the industry by adopting more recent nationally-recognized standards.

Chapter Comm 82, the design, construction, installation, supervision and inspection of plumbing, is proposed to be revised to address conformance in definitions with Department of Health and Family Services for health-related occupancies. Section Comm 82.50 provides for methods to avoid scalding at the point of water usage, as well as providing a maximum water system temperature to reduce and/or eliminate the environment for Legionella bacteria in the supply water system.

The adoption of updated standards would now allow the use of elliptical concrete piping for storm and clear water drain. Also, included are provisions for the Department to create a process to tag and track cross connection control devices for the purposes of maintaining cyclical testing to assure the compliant operation of these devices.

A process for submittal and review of alternate and experimental plumbing systems in s. Comm 82.20 has also been established. This will allow submittals and review of plumbing systems for statewide use on an experimental basis, similar to approvals for plumbing and building products and materials.

Section Comm 82.33 has been repealed and recreated to clarify the allowable options for swimming pool and whirlpool discharge.