Rule-Making Notices (Hearing Notices)

•Section Comm 82.32 includes a section to define requirements for campgrounds and exterior sanitary traps.

•Section Comm 82.33 is the subject of clarification for indirect waste piping as well as proper installation for residential dishwashers. Approved materials for these installations are included in ch. Comm 84. Revisions for receptors of indirect wastes will allow more options for acceptable receptors for wastewater from water treatment devices, furnaces, sterilizers and air conditioners. Requirements for the connection of dishwashing and clothes washing machines will be more consistent with national standards.

•Section Comm 82.34, revisions to the requirements for the installation of garage catch basins and interceptors are proposed; these revisions will clarify current policy statements and interpretations.

•Sections Comm 82.35 and 82.36 are being proposed for changes relating to the discharge and dispersal to drain systems.

•Section Comm 82.37, requirements for campground plumbing installations are included in the proposal. Currently no requirements are codified. This section would now include a separate section on water supply and drain systems for campgrounds.

•Section Comm 82.38 and Table 82.38-1 are being created to list the allowable discharge points for drinking fountains, iron filters, water softeners and floor drains.

•Section Comm 82.40 contains allowances for the use of water in a plumbing system that do not comply with drinking water standards as specified in s. Comm 82.70. Other additions proposed for this section are specific to piping serving water treatment devices. Table 82.40-2 includes the revisions to the water supply fixture units for health-care fixtures. Tables 82.40-10 and 82.40-11 are created to reflect loading for various pipe materials.

•Section Comm 82.50, health care and related facilities, is repealed and recreated in its entirety to reflect contemporary health-care practices and facilities, such as hospitals, clinics, and operatories, community-based residential facilities and other inpatient and nursing facilities. The section provides language for safeguarding the water supply as well as reducing scalding for the end user. Table 82.50-1 is being created to specify spouts and actions of various fixtures when used in health care facilities.

•Section Comm 82.51 regarding water supply, and drain and vent systems for mobile home parks is revised in total for better organization and clarification.

•Section Comm 82.60, Table 82.60 is revised to include new materials and the pipe supports.

•Section Comm 82.70 is being created to specify treatment standards for plumbing systems based on specific uses. These standards apply to wastewater treatment devices and drinking water treatment devices.

Chapter Comm 84, plumbing products, is proposed to be revised in part. Tables 84.30-8 and 84.30-9 include footnotes to clarify under what water conditions copper tubing shall not be installed. A new Table 84.30-11 has been created for the listing of piping standards for fixture supply connectors and indirect waste piping/tubing when used with point-of-use water treatment devices. Terminology has been updated in these tables to reflect use of the materials for POWTS.

Proposed changes to ch. Comm 90, design and construction of public swimming pools, relate to modifying terms for slides and water attractions [s. Comm 90.03] as well as creating or modifying sections which outline the process for construction inspection of public pools and water attractions. Minor changes throughout modify the term water recreation attraction to be consistent with state Statutes as water attractions.

The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council. This Council consists of the following individuals: Thomas Boehnen, American Society of Plumbing; Rudy Petrowitsch, American Society of Sanitary Engineers; Gary Hamilton/Jack Ellinger, State AFL-CIO; Gary Kowalke, plumbing contractors; 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; Joe Zoulek, Wisconsin Association of Plumbing, Heating, Cooling Contractors, Inc.; Dave Viola, Plumbing Manufacturers Institute; Dale Schlieve, WI Society of Professional Designers of Engineering Systems, Inc.; and Gene Shumann, plumbing designers.

Interested persons are invited to appear at the hearings 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 February 27, 2002, 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.

Interested persons are invited to appear at the hearings 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 February 27, 2002, 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

Administrative Services Division

P.O. Box 2689

Madison, WI 53701-2689

These hearings are 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 [phone] (TTY) 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.

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 hearings. Requests for the EA and comments on the EA should be directed to:

Jean M. MacCubbin

Division of Administrative Services

Department of Commerce

P.O. Box 2689

Madison, Wisconsin 53701-2689

Telephone [phone]

or TTY [phone]

Written comments will be accepted until February 27, 2002.

Initial Regulatory Flexibility Analysis

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

Portions of this rule revision incorporate changes to plumbing designs and installations for various facilities or buildings, such as mobile home parks, campgrounds, health-care facilities, including CBRFs and nursing homes, and water treatment devices.

• The small CBRFs will have more options than are currently available to supply safe water to their patients.

•There will be time-savings for the property owner as the person installing may submit for review of the plans for private water mains.

•The proposed rules for the installation of water treatment devices will allow for the industry standard materials to be installed and may save money for the installer and customer.

•The rules for water treatment and the options for water reuse may open new markets for small businesses.

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

The requirement for the submission of plans for water treatment systems designed to treat nonpotable water for additional use may increase plan submittals in the future.

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

All of the proposed rules require that professionals (master plumbers, journeymen, etc.) install the systems except for the installation of plumbing in a single family home, owned and occupied by the person installing the plumbing.

Fiscal Estimate

The department regulates pool construction. Pool construction plans must be submitted to Commerce for review and approval. Onsite inspections will be performed by Commerce to insure that the pools are constructed in accordance with the approved plans. Fees will be paid in accordance with s. 2.68 Table 2.68-1 at the time the plans are submitted for review which offset the cost to administer and enforce the code. The program will be administered with existing staff. The agency will absorb the cost within current resources. This proposal also revises the fee schedule to offset the rising inflation costs to administer the program

Based on an expected annual submittal rate of 150 pools, the estimated annual revenue from the proposed fee schedule is $45,000.

Copies of Rule and Contact Person

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at: www.commerce.state.wi.us/SB/SB-HomePage. Copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Notice of Hearing

Financial Institutions-Savings Institutions
[CR 02-006]

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Savings Institutions will hold a public hearing at the time and place indicated below to consider creating rules relating to acquiring and holding stock in bank-owned banks.

Date, Time and Place of Hearing

February 11, 2002   T.G. Thompson Conference Room

Monday     5th Floor

9:00 a.m.     Department of Financial Institutions

    345 West Washington Avenue

    Madison, WI 53703

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Lisa Bauer at [phone] or TTY [phone] for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.

Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.

Analysis Prepared by Department of Financial Institutions, Division of Banking

To create ss. DFI-SB 16.03 (8) and DFI-SL 16.06. The rules would allow state-chartered savings banks and state-chartered savings and loan associations, with the prior approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s. 221.1202, Stats.; a national bank chartered under 12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s. 221.1202; or a bank holding company wholly owning a bank chartered under 12 USC 27(b)(1). Section 221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rules would be the implementing provision under state law authorizing state-chartered savings banks and state-chartered savings and loan associaions to acquire and hold stock in bank-owned banks. The rules would ensure that state-chartered savings banks and state-chartered savings and loan associations will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.

Statutory Authority

Sections 214.03, 214.49 (15), 215.135, 215.13 (26) (f), 218.04 (7) (d) and 227.11 (2), Stats.

Fiscal Estimate

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

Initial Regulatory Flexibility Analysis

The proposed rule will not have an effect on small businesses.

Contact Person

A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:

Mark Schlei, Deputy General Counsel

Department of Financial Institutions

Office of the Secretary

P.O. Box 8861

Madison, WI 53708-8861

Tel. [phone]

TTY [phone]

A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.

Notice of Hearings

Natural Resources
(Environmental Protection-General)

[CR 02-004]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15 and 283.13, Stats., interpreting ss. 281.15 and 283.13, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 102, 104 and 106, Wis. Adm. Code, relating to stream classifications. Chapter NR 102 contains water quality standards for Wisconsin surface waters. The major change made to ch. NR 102 includes relocation of standards and associated rule language from ch. NR 104 to ch. NR 102 since it is the more appropriate rule for language associated with specific designated use categories and water quality criteria necessary to support those uses for the surface waters of Wisconsin. A minor change has been to reserve Subchapter II for the thermal water quality standards currently being developed.

Chapter NR 104 contains the uses and designated standards for surface waters. The purpose of the revisions to this chapter is to update the lists of uses and designated standards to reflect current state of knowledge for those waters.

Chapter NR 106 contains procedures for the calculation of water quality-based effluent limitations for toxic and organoleptic (taste & odor) substances. Two additional subchapters have been added to this rule. Subchapter II has been reserved for the procedures for calculating water quality-based effluent limitations for the discharge of heat (i.e., temperature limitations) which are currently under development, and Subchapter III has been created to include effluent limitations for water designated as limited aquatic life waters in ch. NR 104 have been transferred from ch. NR 104 to ch. NR 106 which is a more logical location.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any business that may wish to discharge effluent to a stream.

b. Description of reporting and bookkeeping procedures required: Would be specified in a permit issued to the business depending on the type and amount of effluent discharged.

c. Description of processional skills required: Dependent on the size and type of business discharging effluent.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on: