Register

Cover_w_new_logo_O31

Wisconsin

Administrative

Register

No. 526

Publication Date: October 31, 1999

Effective Date: November 1, 1999

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

NewsRelease_O31

The entire Administrative Code is now published on WisLaw®

Starting with the November 1, 1999 release, the entire Wisconsin Administrative Code will be included with your subscription to WisLaw®. There will be no additional charge. The same low subscription rate for WisLaw® remains in effect. In addition, WisLaw® now features Folio Views 4.2, which takes full advantage of the 32-bit capabilities of Windows 95 and higher.

Up-to-date WisLaw® CD-ROM's will be released by the Revisor of Statutes Bureau quarterly. WisLaw®contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, Table of Sections Affected by Acts, the Wisconsin Acts with Index, the Supreme Court Rules and Internal Operating Procedures, recent Opinions of the Attorney General with Index, the Wisconsin Constitution, the U.S. Constitution , the Administrative Register (from January 1996 through CD release date), the Town Law Forms, and the Wisconsin Code of Military Justice. The Wisconsin Administrative Code with Index is the newest addition to WisLaw®.

All of the above WisLaw® Infobases are substantially integrated with hypertext links. WisLaw® is only available by subscription for 12-month periods. End-user license and subscription order forms are available at Document Sales; CD's will only be delivered upon receipt of a signed license and subscription form and full payment. No orders will be accepted by FAX. WisLaw® is distributed by DOA's Document Sales Unit to requesting state agencies on a complimentary basis.

A 12-month subscription plus a license for no more than one simultaneous user costs $99. A 12-month subscription plus a license for no more than 4 simultaneous users costs $149. A 12-month subscription plus a license for no more than 10 simultaneous users costs $199. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.

To obtain a WisLaw® Subscription Order Form call [phone] {TTY [phone]} or write to:

Wisconsin Department of Administration

Bureau of Integrated Document Services

Document Sales and Distribution Section

P.O. Box 7840

Madison, WI 53707-7840

TOC526_O31

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 11.
Agriculture, Trade and Consumer Protection:	Rule relating to drug residues in raw milk. Rules relating to security of dairy plant payments to milk producers.
Commerce:	Resources for Communities, etc., Chs. Comm 105-128 Rules relating to certified capital companies.
Crime Victims Rights Board:	Rules relating to review of allegations of crime victims rights violations.
Employment Relations Commission:	Rules relating to calculation of minimum qualified economic offers for school district employes.
Geologists, Hydrologists & Soil Scientists Examining Board:	Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
Health & Family Services:	Management, etc., Chs. HFS 1-- Rule relating to caregiver background checks.
Health & Family Services:	Medical Assistance, Chs. HFS 100-108 Rules relating to operation of the BadgerCare health insurance program. Rule relating to certification of specialized medical vehicle providers.
Health & Family Services:	Health, Chs. HFS 110- Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP). Rules relating to distribution of closed nursing home beds to a veterans' nursing home.
Higher Educational Aids Board:	Rules relating to the Minority Teacher Loan Program.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to the 1999 migratory game bird season.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to determination of navigability in farm ditches. Rules relating to ski jumps and platforms.
Natural Resources:	Environmental Protection-Investigation & Remediation, Chs. NR 700-- Rules adopted creating ch. NR 746, relating to sites contaminated with petroleum products from petroleum storage tanks. [FIRST APPEARANCE]
Revenue:	Rule relating to sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Scope Statements.	Pages 12 to 13.
Commerce (Elevators, Ch. Comm 18)   (Barrier-Free Design, Ch. Comm 69):	Chs. Comm 18 and 69 - Relating to elevators and mechanical lifting devices.
Commerce (Plumbing, Chs. Comm 82-87):	Chs. Comm 83 and 87 - Relating to private sewage systems and the Private Sewage Rehabilitation Grant Program.
Natural Resources (Environmental Protection--     Air Pollution Control, Chs. NR 400--):	S. NR 423.035 - Relating to control of volatile organic compound (VOC) emissions from industrial clean-up solvents.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 14 to 15.
Chiropractic Examining Board:	S. Chir 4.07 - Relating to practice while suspended.
Chiropractic Examining Board:	S. Chir 4.06- Relating to utilization reviews.
Commerce:	Chs. Comm 2, 3, 20, 50 to 64, 66, 70, 75 and 90 - Relating to one- and two-family dwellings, commercial buildings, and multi-family dwellings.
Health & Family Services (Community Services,       Chs. HFS/HSS 30--):	Ch. HFS 32 - Relating to community mental health inpatient treatment programs.
Health & Family Services (Community Services,       Chs. HFS/HSS 30--):	Ch. HFS 33 - Relating to mental health day treatment programs for adults.
Transportation:	Ch. Trans 316 - Relating to wood harvesting slashers.
Notices of Hearings or of Proposed Rules.	Pages 16 to 22.
Chiropractic Examining Board:	Hearing to consider s. Chir 4.06, relating to utilization reviews.
Chiropractic Examining Board:	Hearing to consider s. Chir 4.07, relating to practice while suspended.
Commerce:	Fee Schedule, Ch. Comm 2 Petition for Variance, Ch. Comm 3 Uniform Dwelling, Chs. Comm 20-25 Building and Heating, Chs. Comm 50-64 Multi-family Dwellings, Ch. Comm 66 Historic Buildings, Ch. Comm 70 Existing Buildings, Ch. Comm 75-79 Swimming Pools, Ch. Comm 90 Hearing to consider revision to several rules.
Commerce:	Petroleum Environmental Cleanup Fund Interagency Responsibilities, Chs. Comm 46 and NR 746 Hearing to consider chs. Comm 46 and NR 746, relating to sites contaminated with petroleum products from petroleum storage tanks.
Controlled Substances Board:	Hearing to consider s. CSB 2.25, relating to scheduling drugs in ch. 961, Stats.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearing to consider revising s. NR 19.27 and creating s. NR 19.26, relating to regulating the harvest, possession and sale of native amphibians, lizards and snakes which are not listed as threatened or endangered.
Natural Resources:	Environmental Protection--Investigation and Remediation, Chs. NR 700-- See notice under Commerce (Petroleum Environmental Cleanup Fund Interagency Responsibilities) regarding joint hearing on chs. Comm 46 and NR 746.
Revenue:	Proposed creation of s. Tax 11.96, relating to delivery of ordinances for county and premier resort area tax.
Transportation:	Proposed creation of ch. Trans 316, relating to wood harvesting slashers.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 23.
Agriculture, Trade & Consumer Protection:	(CR 99-87) - Ch. ATCP 34
Chiropractic Examining Board:	(CR 99-40) - S. Chir 3.08
Veterinary Examining Board:	(CR 99-127) - SS. VE 2.01 and 3.03
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 24.
Agriculture, Trade & Consumer Protection:	(CR 99-85) - Ch. ATCP 15
Employment Relations Commission:	(CR 95-179) - SS. ERC 1.06, 2.02, 12.02 and chs. ERC 10 and 20
Hearings and Appeals, Division of:	(CR 98-119) - Ch. HA 3
Natural Resources:	(CR 99-21) - Ch. NR 409 and ss. NR 400.02, 439.098, 484.10 and 484.11
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:	(CR 99-39) - Ch. SFC 3 and ss. SFC 11.03, 14.01, 14.02, 16.01, 16.02, 18.01 and 18.02
Rules Published in this Wis. Administrative Register.	Page 25.
Commerce:	(CR 99-29) - Ch. Comm 7
Commerce:	(CR 99-48) - Ch. Comm 14
Commerce:	(CR 99-65) - Chs. Comm 11, 12, 13, 40 and 43
Commerce:	(CR 99-75) - Ch. Comm 112
Dentistry Examining Board:	(CR 99-16) - Ch. DE 7
Natural Resources:	(CR 98-181) - Chs. NR 400--
Natural Resources:	(CR 99-84) - SS. NR 46.15 and 46.30
Public Service Commission:	(CR 99-3) - Ch. PSC 135
Revenue:	(CR 97-128) - SS. Tax 11.03 and 11.11
Revenue:	(CR 99-54) - SS. Tax 11.05, 11.87 and 11.94
Revenue:	(CR 99-76) - S. Tax 11.51
Transportation:	(CR 99-63) - Ch. Trans 2
Workforce Development:	(CR 98-202) - Ch. DWD 16
Workforce Development:	(CR 98-203) - Chs. HSS 217 and DWD 17
Sections Affected by Rule Revisions and Corrections.	Pages 26 to 30.
REVISIONS
Commerce (Explosive Materials, Ch. Comm 7):	Ch. Comm 7
Commerce (Liquefied Petroleum Gases, Ch. Comm 11):	Ch. Comm 11
Commerce (Liquefied Natural Gas, Ch. Comm 12):	Ch. Comm 12
Commerce (Compressed Natural Gas, Ch. Comm 13):	Ch. Comm 13
Commerce (Fire Prevention, Ch. Comm 14):	Ch. Comm 14
Commerce (Gas Systems, Ch. Comm 40):	Ch. Comm 40
Commerce (Anhydrous Ammonia, Ch. Comm 43):	Ch. Comm 43
Commerce (Financial Resources for Businesses and Communities,     Chs. Comm 105 to 128):	Ch. Comm 112
Dentistry Examining Board:	Ch. DE 7
Health and Family Services (Economic Support, Chs. HSS 200--):	Ch. HSS 217
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 46
Natural Resources (Env. Protection--Air Pollution Control,     Chs. NR 400--):	Chs. NR 400, 401, 404 to 408, 415, 417 to 425, 429, 436 and 438
Public Service Commission:	Ch. PSC 135
Revenue:	Ch. Tax 11
Transportation:	Ch. Trans 2
Workforce Development:	Chs. DWD 16 and 17
EDITORIAL CORRECTIONS
Commerce (Fire Prevention, Ch. Comm 14):	Ch. Comm 14
Commerce (Anhydrous Ammonia, Ch. Comm 43):	Ch. Comm 43
Commerce (Uniform Multi-family Dwellings, Ch. Comm 66):	Ch. Comm 66
Ethics Board:	Ch. Eth 2
Health and Family Services (Community Services,       Chs. HFS/HSS 30--):	Chs. HFS 61, 62 and 83
Health and Family Services (Health, Chs. HFS/HSS 110--):	Chs. HFS 111, 112 and 135
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 2
Natural Resources (Env. Protection--General, Chs. NR 100--):	Chs. NR 106, 117, 133, 134, 165 and 185
Natural Resources (Env. Protection--Air Pollution Control,     Chs. NR 400--):	Chs. NR 407 and 420
Natural Resources (Env. Protection--Investigation and Remediation,     Chs. NR 700--):	Ch. NR 724
Waste Facility Siting Board:	Chs. WFSB 1 to 4, 7 and 9 to 12
ERRATA
Commerce (Uniform Multi-family Dwellings, Ch. Comm 66):	Ch. Comm 66
Final Regulatory Flexibility Analyses.	Pages 31 to 32.
1. Commerce:	(CR 99-29) - Ch. Comm 7
2. Commerce:	(CR 99-48) - Ch. Comm 14
3. Commerce:	(CR 99-65) - Chs. Comm 11, 12, 13, 40 and 43
4. Commerce:	(CR 99-75) - Ch. Comm 112
5. Dentistry Examining Board:	(CR 99-16) - Ch. DE 7
6. Natural Resources:	(CR 99-84) - Ch. NR 46
7. Natural Resources:	(CR 98-181) - Chs. NR 400--
8. Public Service Commission:	(CR 99-3) - Ch. PSC 135
9. Revenue:	(CR 97-128) - SS. Tax 11.03 and 11.11
10. Revenue:	(CR 99-54) - SS. Tax 11.05, 11.87 and 11.94
11. Revenue:	(CR 99-76) - S. Tax 11.51
12. Transportation:	(CR 99-63) - Ch. Trans 2
13. Workforce Development:	(CR 98-202) - Ch. DWD 16
14. Workforce Development:	(CR 98-203) - Ch. DWD 17
Executive Orders.	Page 33.
Executive Order #380.	Relating to the Creation of the Menomonee River Council.

emer526_add

E m e r g e n c y R u l e s N o w I n E f f e c t

Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.

Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.

Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.

Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.

EMERGENCY RULES NOW IN EFFECT (2)

Agriculture, Trade & Consumer Protection

1.   Rules were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.

Finding of Emergency

The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:

(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.

(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.

(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.

(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.

(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.

(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.

(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:

(a) Protect the public milk supply against drug residue contamination by assuring proper disposal of contaminated milk.

(b) Provide additional assurance that milk producers will not be subjected to serious penalties or financial losses based on inaccurate drug residue tests.

Publication Date:   April 30, 1999

Effective Date:   April 30, 1999

Expiration Date:   September 27, 1999

Hearing Date:   June 18, 1999