Under current rules, a person seeking DATCP reimbursement of cleanup costs must use a competitive bidding process to contract for cleanup services. This rule modifies the current bidding requirements. Under this rule:
•
The applicant must submit the initial bids to DATCP. DATCP must also approve any revised cost estimate.
•
The general contractor (consultant) must give the responsible person written notice of any cleanup costs that are ineligible for reimbursement.
Failure to Implement Cost Controls; Partial Reimbursement
Under current rules, DATCP must deny a reimbursement claim if the applicant fails to comply with competitive bidding and other cost control measures. This rule authorizes DATCP to reimburse a portion of the reasonable and necessary cleanup costs, even if the claimant fails to comply with cost control measures. Under this rule, DATCP may pay up to 75% of the reimbursement that would have been available, had the claimant complied with all required cost control measures.
Advisory Council
This rule creates an advisory council for the agricultural chemical cleanup program. The agricultural chemical cleanup council will advise DATCP on reimbursement decisions, program funding and rulemaking needs. This advisory council will replace a statutory advisory council that was recently eliminated.
Fiscal Estimate
The Department of Agriculture, Trade and Consumer Protection anticipates a cost increase as a result of the proposed rules that can be absorbed. Most of the costs result from expanding the eligibility of certain remedial activities at sites conducting cleanups of agricultural chemicals. As a result, the following is a listing of items that will have an annual fiscal impact to the ACCP fund, an estimated amount and a brief explanation of how that estimate was calculated. The total annual increase is estimated to be $76,000.
•
Facility equipment moving: $12,000 based upon 5 sites/year at $3,000/site at 80% reimbursement.
•
Fixture or structure removal and reinstallation: $20,000 based upon 5 sites/year at $5,000/site at 80% reimbursement.
•
Landspreading incentive payment: $12,000 based upon 30,000 yards of soil spread per year at $.50 per yard at 80% reimbursement.
•
The rule proposes to reimburse a portion of all reasonable and necessary corrective action costs even if they were incurred without following all of the cost control provisions of the rules. This is expected to increase the annual expenditures by about $12,000 based upon $30,000 denied annually because of not following cost control provisions. The department might pay 50% of those costs eligible of which they would get reimbursed 80%.
A one time impact to the ACCP reimbursement fund will also occur based upon allowing past claimants to submit old costs for the first three items above to the fund after the rule becomes effective. This total amount is estimated to be $40,000 and is based upon sites where we are aware of fixtures or equipment being moved in the past.
Initial Regulatory Flexibility Analysis
The proposed changes to ATCP 35, Wis. Adm. Code, will allow greater reimbursement of business expenses when a business cleans up a spill of fertilizer or pesticide.
Expected Business Income
The proposed changes to ATCP 35, Wis. Adm. Code, will decrease business costs for cleaning up spills. The proposed changes to ATCP 35 include:
•
Expanding reimbursement eligibility to include costs that have been ineligible in the past. Additional costs proposed to be eligible include removing and replacing fixtures (railroad tracks, ties and ballast; culverts; fences; and utility equipment).
•
Expanding reimbursement eligibility to include a portion of costs that a responsible person incurred without complying with the cost control provisions of the rule. The current rule language denies all of these costs whether or not they were reasonable or necessary corrective actions.
•
Expanding reimbursement eligibility to include payment to landowners for use of their land to landspread soil which contains agricultural chemicals.
•
Modifying the contracting language to require contractors to be more accountability to the responsible persons and the agency.
Alternative Options Considered
Most of the fiscal impacts for small businesses contained in proposed revisions to ch. ATCP 35, Wis. Adm. Code, are costs savings. Maintaining status quo was the alternative options considered.
Draft Environmental Assessment
The Department has prepared a draft environmental assessment (EA) for the proposed 2000 amendments to the rules on the Agricultural Chemical Cleanup Program. Copies are available from the Department on request and will also be available at the public hearing. Comments on the EA 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 Duane Klein. Phone 608/224-4519. Written comments on the EA will be accepted until April 25, 2000.
Notice of Hearings
Agriculture, Trade & Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on the proposed repeal and recreation of chapter ATCP 75, Wisconsin Administrative Code, relating to Retail Food Establishments. Included in the revisions is the adoption of the “Wisconsin Food Code" as Appendix A. The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until May 15, 2000, for additional written comments. The hearings will be held in conjunction with hearings held by the Department of Health and Family Services, which has proposed the repeal and recreation of its rule for restaurants (chapter HFS 196). The DHFS rule includes the identical “Wisconsin Food Code" as appendix A to its proposed rule.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by April 10, 2000, either in writing to Debbie Mazanec, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, (608) 224-4712, or by contacting the message relay system (TTY) at (608) 266-4399 to forward your call to the department at (608) 224-5058. Handicap access is available at all locations for the hearings.
Hearing Information
Five hearings are scheduled:
April 25, 2000 Eau Claire
Tuesday Eau Claire Health Department
9:30 a.m. until 12:30 p.m. Room G 30-31
720 Second Avenue
Eau Claire WI 54703
Handicapped accessible through front door.
April 27, 2000 Appleton
Thursday Appleton Public Library
9:30 a.m. until 12:30 p.m. Lower Level
125 N Oneida Street
Appleton WI 54911
Handicapped accessible through front door.
April 28, 2000 Milwaukee
Friday Milwaukee Health Department
9:30 a.m. until 12:30 p.m. Northwest Health Center
Basement Conference Room
7630 W. Mill Road
Milwaukee WI 53218
Handicapped accessible front door.
The hearing is scheduled for video-conference participation from each of the five locations shown below.
May 2, 2000
Tuesday
9:30 a.m. until 12:30 p.m.
Madison
Wis. Department of Agriculture,
Trade and Consumer Protection
Prairie Oak State Office Building
Room 472
2811 Agriculture Drive
Madison WI 53718
Handicapped accessible through front door.
(Note: A live hearing is also scheduled in Madison on May 5, 2000.)
LaCrosse
LaCrosse State Office Building
Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible through front door.
Wisconsin Rapids State Office Bldg
2610 Industrial Street
Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible through front door.
Department of Transportation –
Superior
