Agriculture, Trade & Consumer Protection
▶ Reprinted from March 31, 2000 Wis. Adm. Register.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on proposed rule changes to ATCP 35, Wis. Adm. Code. The hearing will be held at the times and places shown below. The public is invited to attend the hearing and make comments on the proposed rule. Following the public hearing, the hearing record will remain open until April 25, 2000, for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708 or by calling (608)224-4523. Copies will also be available at the public hearing.
An interpreter for the hearing impaired will be available on request for the hearing. Please make reservations for a hearing interpreter by April 5, 2000 either by writing Karen Ayers, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4523), or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearing.
Hearing Information
One hearing is scheduled:
April 11, 2000 Conference Room 472
Tuesday Department of Agriculture, Trade
1:00 p.m. - 3:00 p.m. and Consumer Protection Office
Building
2811 Agriculture Drive
Evening session Madison, WI
5:00 p.m. - 7:00 p.m.
April 11, 2000 (via Video Conference to Madison)
Tuesday Conference Room 4
1:00 p.m. – 3:00 p.m. Wisconsin Rapids State Office
Building
2610 Industrial Street
Wisconsin Rapids, WI
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07(1) and 94.73 (11)
Statute Interpreted: s. 94.73
This rule modifies current rules related to the department's agricultural chemical cleanup program. The program is designed to clean up spills of agricultural chemicals and minimize environmental contamination. Under the program, the Department of Agriculture, Trade and Consumer Protection (DATCP) may reimburse a portion of the cleanup cost. Cleanups, reimbursement applications and reimbursement payments must comply with DATCP rules under ch. ATCP 35, Wis. Adm. Code.
This rule makes the following changes to the current rules:
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Clarifies landspreading requirements, and expands DATCP's authority to reimburse landspreading costs incurred in a cleanup project.
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Clarifies and expands DATCP's authority to reimburse the cost of removing or relocating utilities and other fixtures.
•
Modifies competitive bidding and other cost control procedures.
•
Requires consultants to identify, in their project bids to persons needing cleanup services, any contract services and costs that are not eligible for DATCP reimbursement.
•
Authorizes DATCP to reimburse a person for some reasonable and necessary cleanup costs, even if the person fails to comply with competitive bidding or other cost control requirements.
•
Creates an advisory council to advise DATCP on the cleanup program.
Landspreading
Current rules authorize landspreading of soils contaminated with fertilizers or pesticides if those fertilizers or pesticides can be legally applied to land. Landspreading reduces the concentration of the fertilizer or pesticide, and provides an economical and potentially useful disposal option in many cases. Persons proposing to landspread soils contaminated with fertilizers or pesticides must obtain a permit from DATCP. This rule clarifies permit application requirements, and describes the documentation required. This rule also authorizes DATCP to reimburse some additional landspreading costs.
Costs to Move Utilities, Equipment and Other Fixtures
This rule authorizes DATCP to reimburse costs for moving utilities, equipment and other fixtures, so that contaminated soils can be removed. Current rules prevent reimbursement of these costs. This rule authorizes DATCP to reconsider these cost claims that were not previously eligible for reimbursement.
Bidding for Services
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
See page 23 of the March 31, 2000 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 24 of the March 31, 2000 Wis. Adm. Register.
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
▶ Reprinted from March 31, 2000 Wis. Adm. Register.
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.
