Register

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This rule also corrects an outdated statutory reference in the department's current aldicarb (not atrazine) rules.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 The current rule identifies those conditions by reference to a statute which has since been repealed. This rule eliminates the outdated statutory reference, and identifies the conditions in the rule itself.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.

Chapter Comm 84, plumbing products, is proposed to be revised to reflect the adoption of more recent nationally-recognized standards for various plumbing products-- fixtures and faucets, and piping materials, joints and fittings.

The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council. The Plumbing Advisory Code Council consists of the following individuals: Thomas Boehnen, American Society of Plumbing Engineers; Rudy Petrowitsch, American Society of Sanitary Engineers; Gary Hamilton, State AFL-CIO; Gary Kowalke, Wisconsin Association of Plumbing, Heating, and Cooling Contractors, Inc.; Mark Krowski, City of Milwaukee; Jeff Kuhn, Plumbing and Mechanical Contractors of SE Wisconsin; Clint McCullough, Madison Contractors Association; Bob Netzler, League of Wisconsin Municipalities; Dave Viola, Plumbing Manufacturers Institute; Dale Schlieve, WI Society of Professional Designers of Engineering Systems, Inc.; and Gene Shumann, plumbing designers.

Environmental Assessment

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing. Requests for the EA and comments on the EA should be directed to:

Robert Langstroth

Division of Safety and Buildings

Department of Commerce

P.O. Box 2689

Madison, WI 53701

Telephone [phone]

or TTY [phone]

Written comments will be accepted until October 16, 1999.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules:

By adopting more current nationally-recognized standards for plumbing fixtures and faucets, piping materials, joints and fittings, and allowing the use of performance standards for storm sewer design, the industry will now submit for review and eventually install systems without applying for a petition for variance for approval from the Department. This will not only reduce application fees for the submitter, but also decrease staff time dedicated to reviewing plan submittals now needing a petition.

By providing for a maximum system and point of use temperature, the plumbing installation and operation will have reduced costs that will offset current energy costs.

Businesses and agents who now conduct performance testing of cross connection control devices will now have the ability to tag and track these products more clearly and receive updated information from the state.

2. Reporting, bookkeeping and other procedures required for compliance with the rules:

Cross connection control device testers would be required to file test reports with the local purveyor of water in addition to the current requirement to file such reports with the Department.

3. Types of professional skills necessary for compliance with the rules:

There are no additional skills necessary to comply with these proposed rule revisions.

Fiscal Estimate

There are no new regulatory schemes contained in these proposed rule revisions that would significantly affect revenues or expenditures.

Notice of Hearing

Commerce