Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-12-03] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-143]
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.041, 29.014 (1), 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule opens most the of the area of Lake Michigan south of Kewaunee to commercial trap netting during summer, while also defining an area between Manitowoc and Two Rivers where summer trap netting would continue to be banned. In addition, it reduces the number of trap nets from 12 to 6 that may be used by any individual license holder in Lake Michigan south of Kewaunee and establishes new net marking requirements.
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: Commercial fishers of whitefish.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2003   Room 310, Green Bay City Hall
Thursday     100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003   Multi-purpose Room
Tuesday     Lakeshore Tech. College
at 7:00 p.m.     1290 North Ave., Cleveland
January 22, 2003   “C" Auditorium, Milwaukee MATC
Wednesday     1036 North 8th Street, Milwaukee
at 7:00 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-46-02] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Environmental Protection-Solid Waste Management)
[CR 02-145]
NOTICE IS HEREBY GIVEN that pursuant to ss. 289.61 and 227.11 (2) (a), Stats., interpreting s. 289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to NR 520.04 and 520.13 Tables 2 and 3, Wis. Adm. Code, relating to adjusting solid waste licensing and plan review fees. As a result of a projected deficit in the solid waste program revenue account, the Department is proposing a 10% increase in plan review fees and annual license fees for landfills, other solid waste facilities and solid waste collection and transportation services. The new fee schedule would take effect on July 1, 2004.
The Department is also proposing to revise the amount of the landfill license fee surcharge. Currently the surcharge is set at 9 cents per ton of solid waste landfilled during each quarterly reporting period. This fee initially went into effect at 10 cents per ton in July 1996 subject to a sunset in December 1997. The fee became permanent at 9 cents per ton in October, 1997.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. In general, these revisions will affect municipalities and larger businesses.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 21, 2003   CS Conference Rm, 3rd floor GEF #3
Tuesday     125 S. Webster St.
at 1:00 p.m.     Madison
January 22, 2003   Schmeekle Reserve, UW-Stevens Pt
Wednesday     2419 North Point Dr.
10:00 a.m.     Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Colleen Hellenbrand at (608) 267-7515 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Over the past 5 years, the amount of waste disposed of in landfills on which environmental fees are assessed has averaged just under 9 million tons/year. While no clear trends have been observed during this period, we believe that ongoing waste reduction, recycling, and reuse may result in lower landfilled tonnages in come years.
Assuming annual landfilled tonnages between 8.6 and 9.0 million tons for the foreseeable future, the amount of revenue generated by the increases in the landfill license fee surcharge will range from approximately $258,000 and $270,000 in FY 03-04, $30,000 and $450,000 in FY 04-05, and $516,000 and $540,000 in FY 05-06 and subsequent years. We also estimate that the increases in plan review and license fees will generate approximately $128,850/year beginning in FY 04-05. The fee increases would affect both private and publicly owned facilities.
Currently there are 18 county-owned landfills and 5 owned by cities. Based on calendar year 2001 data, county landfills took in an average of 53,400 tons on which environmental fees were assessed. For city-owned landfills, the average was 32,500 tons. Therefore, the average county-owned landfill would pay an additional landfill license fee surcharge of approximately $1,600 in FY 03-04 up to $3,200 in FY 05-06. The average city-owned landfill would pay from $975 in FY 03-04 up to $1,950 in FY 05-06. With respect to plan review and license fees, we estimate that public owners will pay approximately one-fourth of the $128,850/year increase. Total annual impact = $65,900 to $99,700.
Contact Information
Written comments on the proposed rule may be submitted to Ms. Colleen Hellenbrand, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707 no later than January 29, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed [WA-45-02] rule and its fiscal estimate may be obtained from Ms. Hellenbrand.
Notice of Hearing
Natural Resources
(Environmental Protection-Water Supply)
[CR 02-147]
NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11, 281.17 (8) and 227.11 (2) (a), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to safe drinking water requirements for public water systems. The Interim Enhanced Surface Water Treatment Rule (IESWTR) and Disinfectants/Disinfection By-products Rule (D/DBPR) have been promulgated by the U. S. Environmental Protection as mandated by the 1996 amendments to the Safe Drinking Water Act. As the primacy agent for U.S. EPA in Wisconsin, the Department must adopt and implement regulations at least as stringent as those promulgated by U.S. EPA. The proposed rule revisions are a direct result of that requirement. Also included in the proposed rule are minor corrections to ch. NR 809 that address cross-reference changes, typographical errors and omissions.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
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:
January 22, 2003   Video conference participation will
Wednesday     be available at:
10:00 a.m.     Room 021, GEF #2 Building
    101 S. Webster St., Madison
    Room 542, State Office Building
    819 N. 6th St., Milwaukee
    Room 220 Main Building
    UW-Marathon Co., 518 S. 7th Ave.,
    Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carol McCurry at (608) 267-2449 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Neither the department no local governments should experience cost increases as a result of these proposed revisions.
Contact Information
Written comments on the proposed rule may be submitted to Ms. Carol McCurry, Bureau of Drinking Water and Groundwater, P.O. Box7921, Madison, WI 53707 no later than February 3, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-13-03] and fiscal estimate may be obtained from Ms. McCurry.
Notice of Hearing
Pharmacy Examining Board
[CR 02-140)
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3), Stats., and interpreting ss. 450.03 (2) and 450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 2.02 (1) (intro.), relating to filing completed applications for examinations.
Hearing Information
Date:   January 14, 2003
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 31, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 and 450.02 (3), Stats.
Statutes interpreted: ss. 450.03 (2) and 450.04 (3), Stats.
Current s. Phar 2.02 (1) (intro.) requires that a completed application be on file at least 45 days prior to taking any required examinations for licensure. It has come to the board's attention that students graduating from pharmacy schools in the spring semester have difficulty assembling or having submitted required proofs in a timely manner from their respective schools. Such delays may result in a student not being able to take the first available examination following graduation. To remedy this problem, the board will amend s. Phar 2.02 (1) (intro.) to change the application cut-off to 30 days. Such a change will not materially affect the board's or the department's ability to process applications but will increase the ability for newly graduated students to file completed applications in a timely manner.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
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