Subject:
Ch. NR 726 - Relating to the application of deed restrictions and deed notices to closure of contaminated properties with residual soil contamination.
Description of policy issues:
Subject of the administrative code action/nature of Board action:
Chapter NR 726, Case Closure, regarding the application of deed restrictions and deed notices to closure of contaminated properties with residual soil contamination.
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The rule change is being proposed in response to public comments on ch. NR 746. The comments requested that the Department clarify the criteria for applying deed notices and deed restrictions to contaminated properties where residual soil contamination remains after site closure. This rule change will help ensure consistent application of deed restrictions and deed notices by staff at the Department of Natural Resources and the Department of Commerce. The rule change will also affect owners of contaminated property by clearly establishing the type of institutional control that will be used by the agencies at the time of closure.
This rule/Board action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Currently, deed restrictions and deed notices are placed on contaminated properties with residual soil contamination largely at the discretion of agency staff. Chapter NR 726 currently requires deed restrictions only for properties with groundwater contamination above ch. NR 140 enforcement standards and for properties with soil contamination above industrial cleanup standards. The proposed rule change will establish specific criteria for applying soil deed restrictions and soil deed notices. Eventually, the agency intends that the GIS system currently under development for groundwater use restrictions will be expanded to include sites with soil contamination. When the GIS system is developed enough to include soil-contaminated sites, listing on a publicly-available database will replace soil deed notices. A separate rule agenda checklist will be submitted for that rule-making in mid-2001.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization.
The rule affects contaminated properties that have been investigated and remediated to the point that site closure can be approved.
Statutory authority for the rule:
Sections 227.11 (2) (a), 292.11 and 292.31, Stats.
Anticipated time commitment:
The anticipated time commitment is 152 hours. Three public hearings are proposed to be scheduled in February 2001 at Madison, Milwaukee and Wausau.
Contact information:
For additional information, please contact:
Bureau of Remediation and Redevelopment
Dept. of Natural Resources
Telephone: (608) 266-2111
FAX: (608) 267-7646
Pharmacy Examining Board
Subject:
Phar Code - Relating to transfer of prescription orders for noncontrolled substances.
Description of policy issues:
Objective of the rule:
The objective of the rule is to permit an unlimited number of transfers between pharmacies. The modification would apply only to the transfer of prescription orders for noncontrolled substances. Federal law prohibits more than a one-time transfer of prescription orders for controlled substances.
Policy analysis:
The current “one-time transfer" rule creates undue inconvenience and expense for the consumer. There does not appear to be any adequate reason to prohibit the prescription order from “following" the consumer. The Board believes the current rule is unduly burdensome and restrictive in light of today's mobile society. As long as appropriate procedures set forth in the rule are followed between the pharmacies, permitting unlimited transfers of prescription orders is consistent with the health, safety and welfare of consumers.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 450.02(3) (a) and (e), Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
100 hours.
Contact information:
For additional information, please contact:
Pamela Haack, Adm. Rules Coordinator
Dept. of Regulation and Licensing
Telephone: (608) 266-0495
Mailing address:
Office of Administrative Rules
Dept. of Regulation and Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Subject:
SFC Code - Relating to requiring that supervision of precertification supervised practice of social work be approved in advance by the Social Worker Section.
Description of policy issues:
Objective of the rule:
The objective of the rule is to require a person contemplating supervision by a person other than an independent clinical social worker to obtain approval by the Social Worker Section in advance of the supervision period.
Policy analysis:
Currently, there is no requirement for advance approval of supervisors. The rule permits supervision by a psychologist or a psychiatrist “if the social worker section determines that supervision by a certified social worker is unobtainable or unreasonably restrictive of the delivery of social work services to a particular population, or unduly interferes with training social workers in providing services to a particular population." Different interpretations of that language have led to misunderstandings. To avoid situations, advance approval of supervisors other than independent clinical social workers will be required.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
80 hours.
Contact information:
For additional information, please contact:
Pamela Haack, Adm. Rules Coordinator
Dept. of Regulation and Licensing
Telephone: (608) 266-0495
Mailing address:
Office of Administrative Rules
Dept. of Regulation and Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Subject:
SFC Code - Relating to permitting the Social Worker Section to consider any criminal or disciplinary background by an applicant for a social work training certificate.
Description of policy issues:
Objective of the rule:
The objective of the rule is to require a person applying for a social work training certificate to supply information about any prior disciplinary history and to grant authority to the Section to deny an application based on a relevant disciplinary history or a criminal history substantially related to the profession.
Policy analysis:
Currently, there is a requirement that an applicant for a social work training certificate supply information about any criminal history. The rule does not specifically authorize the consideration of that information in the decision to grant a training certificate, nor does it require an applicant to provide any relevant disciplinary history.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
