Rule-making notices
Notice of Hearing
Agriculture, Trade & Consumer Protection
[
CR 04-039]
(Reprinted From Mid-May Wis. Adm. Register)
Rules related to agricultural and household hazardous waste.
Collection (Clean Sweep) Grant Program.
The State of Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) announces that it will hold a public hearing on a rule which will consolidate Wisconsin's agricultural and urban “clean sweep" grant programs. Since the early 1990s, DATCP has collected unwanted agricultural pesticides and chemicals under ch.
ATCP 34, Wis. Administrative Code. In 2003, the Household Hazardous Waste Collection Grant program was transferred from the Department of Natural Resources to DATCP. The proposed rule revision will allow DATCP to consolidate and efficiently manage both programs.
DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, June 11, 2004 for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department Agriculture, Trade, and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, or by calling 608-224-4545. Copies will also be available at the public hearing.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Thursday, May 27, 2004 by writing to Kris Gordon, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, telephone 608-224-4509. Alternatively, you may contact the DATCP TDD at 608-224-5058. Handicap access is available at the hearings.
Hearing Location:
Thursday, June 3, 2004, 1 p.m. to 5 p.m.
Prairie Oak State Office Building
2811 Agriculture Drive
Board Room
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade & Consumer Protection
This rule consolidates the agricultural “clean sweep" program under s.
93.55, Stats., and the urban “clean sweep" program under s.
93.57, Stats., and establishes standards and procedures for the consolidated program. DATCP provides grants to local governments for “clean sweep" programs to collect and safely dispose of waste agricultural and household chemicals.
Background
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently administers an agricultural chemical and container collection program (agricultural "clean sweep" program). This program is designed to collect and safely dispose of waste pesticides and agricultural chemicals, including chemical containers. DATCP may provide grants to counties to operate agricultural “clean sweep" events (s.
93.55, Stats.). DATCP has adopted agricultural “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code.
Until recently, the Department of Natural Resources (“DNR") administered a similar but smaller urban “clean sweep" program for household hazardous waste. The biennial budget act (
2003 Wis. Act 33) transferred the urban “clean sweep" program from DNR to DATCP, and consolidated funding for the urban and agricultural programs. DATCP may provide grants to counties
or municipalities to establish urban “clean sweep" events (s.
93.57, Stats.).
DATCP must operate the urban “clean sweep" program under DNR rules until DATCP adopts its own rules for the program (see
2003 Wis. Act 33,
nonstatutory provisions). DATCP has general authority to adopt rules for programs that DATCP administers (see s.
93.07(1), Stats.) This rule consolidates the agricultural and urban “clean sweep" programs, and establishes standards and procedures for the consolidated program.
Rule Content
This rule repeals and recreates DATCP's current “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code. This rule does all of the following:
•It consolidates the urban and agricultural “clean sweep" programs, and creates standards and procedures for the consolidated program.
•It provides target levels of funding for agricultural and urban “clean sweep" grants that are consistent with pre-consolidation funding levels, but provides greater flexibility to move unused funds between programs to maximize overall “clean sweep" benefits.
•It streamlines and clarifies “clean sweep" grant procedures, including procedures for grant applications, grant awards and contracts.
• It facilitates cost-effective cooperation between counties and municipalities.
•It updates minimum standards for urban and agricultural “clean sweep" projects.
“Clean Sweep" Grants; General
Under s.
93.55, Stats., and this rule, DATCP may award an agricultural “clean sweep" grant to a county (or group of counties). The county may use the grant to collect waste agricultural chemicals from farmers and from certain businesses that qualify as “very small quantity generators" (these businesses must pay a share of their collection costs).
Under s.
93.57, Stats., and this rule, DATCP may award an urban “clean sweep" grant to a county
or municipality (or to a group of counties or municipalities). A county may combine an urban “clean sweep" with an agricultural “clean sweep."
Eligible Costs
A “clean sweep" grant may reimburse direct “clean sweep" project costs, including:
•Direct costs to hire a hazardous waste contractor to receive, pack, transport and dispose of chemical waste.
•Direct costs for equipment rentals, supplies and services to operate the collection site and handle collected chemical waste.
•Direct costs for county or municipal staff to receive and pack chemical waste at a “continuous collection event" that lasts 4 or more days.
•Direct costs for local educational and promotional activities related to the “clean sweep" project.
A grant recipient must fund a portion of the “clean sweep" project costs. DATCP, in its annual call for grant applications, must specify a local cost-share contribution that is at least 25% of project costs.
Grant Application Procedures
If funding is available, DATCP will issue an annual written announcement soliciting “clean sweep" grant applications from counties and municipalities. The notice will specify the following, among other things:
•The total funding available, including separate amounts available for agricultural and urban “clean sweep" grants. Subject to available appropriations, the department will offer at least $400,000 for agricultural “clean sweeps" and $200,000 for urban “clean sweeps" (consistent with pre-consolidation funding levels). Unused funds in either category may be used in the other category.
•The purposes for which grant funds may be used.
•Grant eligibility criteria, including the required local cost-share contribution.
•Grant evaluation criteria.
•Grant application deadlines and procedures.
Grant Applications
A grant application must include the following, among other things:
•The purpose and scope of the proposed “clean sweep" project.
•The proposed collection dates, times, locations, facilities and procedures.
•Whether the project will collect farm chemical waste or hazardous household waste, or both.
•The types and amounts of waste that the applicant expects to collect.
•The proposed hazardous waste contractor.
•The fees, if any, that the applicant proposes to charge to persons delivering waste materials for disposal (a grant recipient may not charge a farmer for the first 200 lbs. of farm chemical waste delivered to an agricultural “clean sweep" event).
•The public information program that will accompany the project.
•The project budget, and the nature and amount of the applicant's proposed contribution.
Evaluating Grant Applications
DATCP must review each grant application to determine whether it meets minimum eligibility requirements. DATCP must then rank each year's eligible grant applications. DATCP may consider the following criteria, among others:
•The types of chemical wastes to be collected.
•The extent of intergovernmental coordination, including coordination with other counties or municipalities.
•The convenience of the proposed collection services.
• The scope and quality of public information and promotional programs that will accompany the project.
•The applicant's capacity to carry out the project.
•The safety and suitability of project facilities and procedures.
•The overall quality of the project, including likely cost -effectiveness and impact.
Grant Award and Contract
DATCP must announce grant awards within 60 business days after the grant application deadline, based on DATCP's ranking of grant applications. DATCP must enter into a contract with each grant recipient, specifying the terms and conditions of the grant.
A grant recipient must take responsibility, as the “hazardous waste generator" under state and federal law, for managing hazardous wastes that the grant recipient collects (there are limited exceptions). The grant recipient must contract with a qualified hazardous waste contractor to receive, pack, transport and dispose of the hazardous waste. The hazardous waste contractor must attend training sponsored by DATCP. For a “clean sweep" project that lasts less than 4 days, the grant recipient must contract with the hazardous waste contractor who manages the State of Wisconsin's hazardous wastes.
Grants are contingent on funding appropriations. If appropriations are not adequate to fund all of the grants awarded, DATCP may cancel grant contracts or reduce grant amounts. Funds allocated but not used for agricultural “clean sweeps" may be reallocated to urban “clean sweeps" and vice versa.
Reports and Payments
A grant recipient must provide DATCP with a final report within 60 days after completing a funded “clean sweep" project. DATCP will not make any grant payment until it receives the final report, except that DATCP may make interim payments for a continuous collection event that lasts 4 days or more (the grant recipient must file interim reports). DATCP will make final payment within 60 days after DATCP accepts the grant recipient's final report.
A grant recipient's final report must indicate the number of participants, types and amounts of waste collected, total cost of the project (including supporting documentation), an evaluation of the project and related pubic information program, and an estimate of types and amounts of wastes yet to be collected.
Contract Termination for Cause
DATCP may terminate a grant contract, or withhold contract payments, if the grant recipient violates DATCP rules or the grant contract, fails to perform the “clean sweep" project, obtains the grant contract by fraud, or engages in illegal or grossly negligent practices. The grant recipient may demand a hearing on DATCP's action.
Business Impact
This rule will have a positive impact on farmers, and on businesses that qualify as “very small quantity generators" of waste pesticides. These may include businesses such as lawn care companies, structural and aerial applicators, golf courses, agricultural chemical dealers, hardware stores, discount stores, marinas, parks, cemeteries, and construction companies.
This rule implements the statewide “clean sweep" program which helps these persons dispose of waste chemicals at little or no cost. Businesses that deliver pesticide wastes must pay a portion of the collection and disposal costs. Farmers may deliver up to 200 lbs. of farm chemical waste without charge (local governments may impose a charge for larger amounts). The safe removal of chemical waste from farm and business locations also reduces health and environmental hazards, and related financial liability.
Many of the beneficiaries of this rule are small businesses. This rule will have no adverse effect on large or small businesses.
Fiscal Impact
This rule will have no fiscal impact on DATCP or local units of government. The Legislature has already created a state “clean sweep" grant program and provided funding for that program. This rule will not increase or decrease the amount of available funding. This rule merely spells out standards and procedures for the distribution of state “clean sweep" grants and the operation of “clean sweep" programs by grant recipients. Local government participation in the “clean sweep" program is entirely voluntary. This rule will not affect DATCP costs to administer the “clean sweep" program.
Environmental Assessment
This rule will have no adverse environmental impact. This rule will streamline and clarify the state “clean sweep" program, which has a positive impact on the environment, public health and the economy of the state.
Federal Programs
This rule implements a grant program for local government collection of waste chemicals. State and federal laws regulate hazardous waste management, but there are no federal laws related to “clean sweep" grant programs. This rule is consistent with state and federal laws on hazardous waste management.
Surrounding State Programs
All surrounding states have state-local cooperative programs to collect household hazardous wastes and certain farm chemicals, but programs vary widely from state to state.
•Michigan. The Michigan Department of Environmental Quality funds 15 permanent household waste collection sites. The Michigan Department of Agriculture uses federal grants, when available, to support agricultural pesticide collections at these household sites.
•Illinois. The Illinois Environmental Protection Agency provides grants for household collections. The Illinois Department of Agriculture typically sponsors two multi-county agricultural events each year.
•Iowa. The Iowa Department of Natural Resources provides start-up grants for local permanent collection facilities, and sponsors Toxic Clean Days that provide collection of both agricultural pesticides and household hazardous wastes.
•Minnesota. Minnesota's law recently changed. Under the revised law, Minnesota's Pollution Control Agency provides funding for 64 permanent household hazardous wastes sites. Minnesota's Department of Agriculture can fund agricultural pesticide collections through any of these local sites that seek funding for those collections.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to the design and construction of public swimming pools, and fees; Chs.
Comm 90 and
2.
The public hearing(s) will be held as follows:
Date and Time:
Thursday June 17, 2004
10:30 a.m.
Location:
T.G. Thompson Commerce Center
Conf. Room 3B
201 W. Washington Ave.
Madison WI
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 July 2, 2004, 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.
Jean M. MacCubbin, Department of Commerce
Safety & Buildings 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 (608) 266-8741 or (608) 264-8777 (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.
Analysis Prepared by the Department of Commerce
The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapter
Comm 90, Design and Construction of Public Swimming Pools, consists of minimum requirements that apply to the design and construction of all new public swimming pools, including whirlpools and water attractions, and to the reconstruction or alteration of any existing public swimming pool.
Section
101.19, Stats., provides the department the authority to fix and collect fees, which shall be as close as possible to the cost of providing the service.
Section
145.26, Stats., provides the department the authority for the establishment of administrative rules; defines public swimming pool and water attraction; provides authority for the department to establish fees for plan review and violations of this chapter. The statues also require plan submittal and approval prior to any construction, alteration or reconstruction of a public swimming pool.
The proposed rules are created to revise a portion of chapter Comm 90, Design and Construction of Public Swimming Pools, while considering a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. This national standard is not being officially adopted by reference, with permission, but was used as a base code, and subsequently modified for use in Wisconsin. The major proposed revisions to chapter Comm 90 relate to the creation of two subchapters:
Subchapter IV—Water Attractions, which includes water parks and other water attractions such as interactive play features, and Subchapter V—Slides, which is being created and expanded to address these common pool features.
Minor changes to the remainder of chapter Comm 90 were made either for consistency with the newly created subchapters, creating rules for slides and other play features installed in pools or water parks, or to reflect provisions in chapters Comm 81 to 87, the state uniform plumbing code and chapters Comm 61 to 65, the state commercial building code.
In addition, section
Comm 2.68, Fees, is proposed for minor revisions to fees for associated slides, and plan review and inspection fees for water attractions and water attraction complexes.
The following summarizes by section the more significant revisions proposed in this rule revision.
•
Subchapter headings are created to assist in directing users to specific areas of the code. For example, slides are no longer contained within the same section as swimming pools; provisions for water attractions also are now contained in a separate subchapter.
•
Section
Comm 90.03: With the addition of definitions specific to water attractions and play features, this section has been repealed and recreated. New definitions include: interactive play attraction and specific titles for water attractions to be consistent with NSPI-9.
•
Section
Comm 90.04: The plan review and approval provisions are being revised to include the requirements for water attractions and slides. Submittal details have been revised to reflect the numerous items common to public swimming pools as well as pool and water attraction complexes.
•
Section
Comm 90.11: Recirculation and turn over times have been revised to more accurately reflect industry standards and known health-related concerns.
•
Sections
Comm 90.13 and
90.14: Minor revisions to the construction of public swimming pools are included in this revision. These revisions include performance standards for pool circulation systems and the location of hosebibbs provided for pool maintenance.
•
Section
Comm 90.16: The layout and materials for dressing areas, shower rooms and toilet facilities have been revised to reflect the state commercial building code, chapters Comm 61 to 65. Revised sanitary fixture counts are proposed to address sanitation needs, particularly in instances where sanitary facilities are already available and accessible. Fixture counts are based on cumulative area of surface water of all pools and water attractions within a complex.
•
Section
Comm 90.18: For water-conserving measures as well as acknowledging turnover times needed to initially treat water, whirlpools and wading pools may be filled using pool water, providing that water meets standards as specified in section
HFS 172.09 (2).
•
Sections
Comm 90.20,
90.205 and
90.206: A new subchapter is proposed to specifically address water attractions, play features and interactive play attractions. The sections contained in this subchapter are additions and modifications to a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. Basic principles of water attraction design are enumerated in this new subchapter; many design parameters allow designers flexibility while providing the necessary health and safety features for the user.
- Permanently installed play features are being addressed in this rule revision. Design and installation specifications are provided in responding to user safety issues such as entrapment, falls and other safety hazards.
- Interactive play features, commonly known as splash pads, are being addressed in this rule revision; these include items which may use water for user play. Provisions include water quality and supply, turnover times and recirculation, access points and fencing.
• Section
Comm 90.30: Subchapter V is proposed regarding the design, manufacture and installation of all slides installed as appurtenances to public swimming pools or water attractions. Installation parameters are detailed in Table 90.30-1 by slide type; slides are now defined by height, amount of water running through the flume and depth of water at entry.
•Sections
Comm 90.40 and
90.405: Subchapter VI, Incorporation of Standards, is created. Two standards are being adopted: ANSI/NSF 50-2001 and ANSI/ASME A112.19.8M-1987 (R1996). Section
Comm 90.405 comprises previous section
Comm 90.21, Enforcement.
• Appendices: Proposed additions to the appendix include updated information regarding submittals and fees as well as representatives of the department who are authorized to conduct construction inspections as provided in this chapter. In addition, a listing of nationally recognized agencies that are deemed accepted to the department is included. Other items have been added for clarification purposes or reprinting of pertinent sections of chapters Comm 81-87, the state uniform plumbing code.
A comparison of the four neighboring states found that all states have regulations for public swimming pools. The depth of the regulation is inconsistent however, as Iowa requires only registration whereas Minnesota, Illinois and Michigan require pool plan approval prior to construction. The emphasis of this proposal is on water attractions (waterslides, splash pads, activity pools, etc.) and Wisconsin's neighboring states have various mechanisms (or lack of mechanisms) for addressing new technology and imaginative designs. Illinois has addressed the water attraction design variability by allowing individual review for any installation that is not specifically addressed in the code. The Illinois code also has specific language for spray pads (interactive play attractions), slides and lazy rivers (leisure rivers). Michigan has rules for waterslide and pool slide construction and installation while Minnesota requires an individual approval where the designer must prove a design's compliance with the intent of the code.
An internet search was conducted to review and compare any federal rules or proposed federal rules for “water attractions", “water parks", “water recreation facilities" and “public swimming pools." No Federal rule or proposed rule was found that addresses public swimming pools, water parks or in-pool water attractions or play devices.
An internet search to review and compare any federal rules or proposed federal rules for “pool slides" resulted in the finding of 16CFR, Part 1207, Consumer Product Safety Commission Standards regarding swimming pool slides (revised January 2004). It is found that 75% of pool slides are installed in residential pools, not within the scope of this rule. No Federal rule or proposed rule was found that addresses the manufacture, construction or installation of water slides as they exist in today's water parks.
The proposed rule revisions were developed with the assistance of the Commerce Pool Advisory Code Council. This council consists of the following individuals:
Name - Representing
Dave Baker - Pool Operators
Bill Branson - City of LaCrosse/Plumbing Inspectors
Tracynda Davis/David St. Jules - Wisconsin Department of Health & Family Services
Duane Jackson - Wisconsin Environmental Health Professionals
Roxanne Johnson - Ramaker & Associates / Engineers
Juliene Heftner/Tom Carrico - Wisconsin Park & Recreation Association
Daryl Matzke (past chair) - Ramaker & Associates / Pool Designers
Chuck Neuman/Dean Mueller - World Water Park Association
Bill Rollins - Stubenrausch/Pool Designers
Peter Simon (chair) - Neuman Pools Inc./ Pool Designers
Sean O'Connor - Badger Swim Pools/ Pool Construction Contractors
Doug Voegeli - Madison Dept. of Public Health/Municipal Agents
Jack Waterman - Wisconsin Innkeepers Association
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
•
Hotel/motel industry where construction or alteration includes a public pool, water slide, water attraction or play feature may be made.
•
Apartment complexes or campgrounds where construction or alteration includes of a public pool, water slide, water attraction or play feature may be an amenity.
•
Newly constructed or altered municipally-owned pools, water slides, water attractions or play features.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
None enumerated.
3. Types of professional skills necessary for compliance with the rules.
No additional skills are required to comply with this rule.
Fiscal Estimate
This order revises the Department's rules for licensing emergency medical technicians - intermediate (EMTs - intermediate). Revision of the rules will not significantly affect the expenditures or revenues of state government or local governments. The only additional costs would be associated with increased training hours for those services that want to be licensed at the new EMT-Intermediate level. There is no requirement for services to upgrade to this level of service, so any additional costs would be the result of the service wanting to increase their level of care.
Notice of Hearing
Health and Family Service
(Health, Chs.
110—)
Notice is hereby given that pursuant to ss.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of s.
HFS 158.04, relating to the fee for monitoring radiation emissions in the vicinity of nuclear power plants.
Hearing Information
The public hearing will be held:
Date & Time Location
June 22, 2004 1 W. Wilson St
Tuesday Room B155
1-2 pm Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Deadline for Comment Submission
Written comments for this rule that are submitted using the Department's website or which the Department receives by mail or email to the contact person listed below, no later than 4:30 p.m., June 25, 2004, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Health and Family Services
Under s.
254.41 of the Wisconsin statutes, the Department of Health and Family Services is responsible for monitoring radiation emissions around nuclear plants operating in or near Wisconsin. The Department assesses a fee to operating nuclear plants in Wisconsin that supports the Department's and local health agencies' collection of emissions and analysis activities. Chapter
HFS 158 specifies the Department's annual base fee, which is currently $47,500. Chapter
HFS 158 also allows the Department to raise the fee each year based on changes in the consumer price index. Consequently, the current fee is $55,940.
The Department's monitoring costs over the past 13 years have risen at a rate exceeding that of the consumer price index. In addition, federal and other funding sources that also supported monitoring activities have either been eliminated or reduced. Consequently, the fee has become the primary funding source for monitoring activities. In response to these revenue losses, the Department reduced the scope of monitoring activities rather than raise the base fee in ch.
HFS 158. However, the Department cannot further reduce monitoring activities without compromising minimal national standards. Therefore, to continue to monitor activities at a minimum level consistent with national standards, the Department is proposing to increase the base fee in ch.
HFS 158 to $95,000.
Statutory Authority
The Department's authority to amend and create these rules is found in s.
254.41, Stats.
Statutes Interpreted
The rules interpret s.
254.41, Stats.
Fiscal Estimate
The Department of Health and Family Services is mandated by s.
254.41, Stats., to conduct environmental radiation monitoring within 20 miles of any nuclear plant impacting Wisconsin. The Department assesses an annual fee to the operating plants in Wisconsin that supports the Department's sample collection and analysis activities. The fee established in rule may be increased annually by the cost of living index. The current fee is $55,940. Since the last fee increase by administrative rule in 1991, program costs have increased faster than the cost of living index. As a result, the Department is proposing to increase the fee in ch.
HFS 158 to $95,000.
The environmental monitoring program consists of 1.0 FTE with an SFY 2004 operating budget of $206,864. SFY personnel costs are $89,428 (salary and fringe) with total capital, supplies and services of $117,436. SFY 2004 operating revenue of $176,090 is derived from annual fees, voluntary contributions from the nuclear utility industry and SFY 03 carryover. The department projects a program deficit of $30,774 in SFY 04.
The fiscal effect on the utilities operating nuclear plants in Wisconsin will be minimal.
Effect on Small Business
This proposed rule change will not affect small businesses.
For More Information
A copy of the full text of the rule and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website, you can also register to receive email notification whenever the Department posts new information about this rulemaking. During the public comment period, you can submit comments on the rulemaking order and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting:
Paul Schmidt
Chief, Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11 (2) (a), Stats., interpreting s.
29.181,
29.132,
29.347 and
29.885 (4m), Stats., the Department of Natural Resources will hold a public hearing on amendments to chs.
NR 10,
12 and
19, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed rule changes provide clarification to current rules, update definitions, increase management efficiency and alter limitations on hunters. The changes are minor in nature and non-controversial. This rule order includes rule changes that:
•Eliminate and update outdated administrative code language including definitions and citations.
•Clarify existing rules and, in some cases, simplify hunting and trapping rules and regulations.
•Define a number of hunting and trapping terms previously missing or which were placed in other areas of the administrative code.
•Eliminate references to tagging and license language made obsolete with the automated licensing system.
•Simplify and clarify firearm restrictions for turkey, deer and bear hunting.
•Clarify the use of crossbows for resident senior citizens.
•Clarify the code relating to trap placement and sets.
•Update deer hunting rules for the Sandhill wildlife area.
•Correct an omission relating to the sunset dates for small game and waterfowl hunting in state parks.
•Clarify the procedure for an individual to possess spotted deer hides.
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 hearing will be held on:
Friday, June 11, 2004 at 1:00 p.m.
Room 517, GEF #2,
101 South Webster Street, Madison
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No fiscal impact is anticipated.
Written comments on the proposed rules may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than June 14, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
77.06 (2),
77.91 (1) and
227.11 (2) (a), Stats., interpreting ss.
77.06 (2) and
77.91 (1), Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of s.
NR 46.30 (2) (a) to
(c) relating to the administration of the Forest Crop Law and Managed Forest Law. Sections
77.06 (2) and
77.91 (1), Stats., require an annual hearing relating to the determination of stumpage values used in calculating severance and yield taxes on timber cut from Forest Crop Lands (FCL) and Managed Forest Lands (MFL). This rule revises the annual stumpage values used to calculate severance and yield taxes due on timber cut during the period from November 1, 2004 through October 31, 2005. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 7.29% increase over current rates. The pulpwood prices, on average, would increase 3.56%.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop law and Managed Forest Law
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, June 14, 2004 at 9:00 a.m.
Fitchburg Room, Fitchburg Community Center
5520 Lacy Road
Fitchburg
Jackson Co. UW Extension Office
227 S. 11th Street
Black River Falls
State Patrol Headquarters
2805 Martin
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 Linda DePaul at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The preliminary 2005 stumpage rate schedule includes an average 7.29 % increase in sawtimber prices and an increase of 3.56% in cordwood prices. The severance and yield tax collection in CY 2003 was $1,050,000. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 7.29 % increase in sawtimber prices would generate an additional estimated $15,309 in revenues. An increase of 3.56% in cordwood prices would generate an estimated additional $29,904 in revenues. The cumulative effect would be a net increase in revenues of $45,213. Under current statutes, the gross receipts are shared equally between the municipality and the state. The municipality in turn shares 20% of their receipts with the county.
The net fiscal impact is based on the assumption that the volume and the the ratio of the pulpwood and sawtimber will remain the same this year as last year.
The net fiscal effect of this rule change will be an increase of approximately $22,607 to both state and local revenues. The state revenue received from severance and yield taxes are deposited into the Forestry account of the Conservation Fund.
Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than June 14, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Ms. DePaul.
Notice of Hearings
Natural Resources
(Environmental Protection—General,
Chs.
NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
281.17 (3), Stats., interpreting ch.
281, Stats., the Department of Natural Resources will hold public hearings on amendments to subch.
II of ch. NR 114, Wis. Adm. Code, relating to septage operator certification. The proposed rule removes the lifetime certification status and creates a more practical certification grading system. Those certified operators who are currently designated as an Operator-In-Charge (OIC) will automatically be classified as OIC's in the new certification system as well. Experience requirements are established along with a mandatory class and examination in order to become an OIC in the future. However, those who would have qualified for the lifetime certification status within three years of the effective date of the rule will be exempt from those requirements. Fees for examinations, certificate renewals, late fee penalties, and Operator-in-Training registrations are increased. In turn the department will use fees generated under this subchapter for the purposes of implementing this program and ch.
NR 113. Specifically the proposed revisions achieve the following objectives:
•
Eliminates the lifetime certification classification.
•
Increases fees for examinations, certification renewals, late renewal penalties, and operator-in-training registrations.
•
It is clearly stated that the department is to use fees generated by this program and from septage business licensing only for the purposes of implementing this subchapter and chapter NR 113.
•
Condense certification grades from 3 to 2. The distinction is based on whether any septage is land applied (Grade L) or if it is all hauled to a wastewater treatment plant (Grade T).
•
Automatically extends Operator-in-Charge (OIC) status in the new grading system to those designated as OIC in the current system.
•
Establishes minimum experience requirements, a mandatory class, and a mandatory examination in order to be designated as an OIC in the future. However, those whom would have been eligible for the lifetime certification within 3 years of the effective date of this rule are exempt from such requirements.
•
Establishes a variance procedure to allow flexibility in implementing this subchapter for non-statutory sections. This would include situations that may arise and leave a part of the state in jeopardy of having no one to service systems, which could pose a public health threat such as on large islands. Another example would be for situations that may jeopardize the viability of a family business such as debilitating illness or death.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Approximately 500 licensed septage businesses
b. Description of reporting and bookkeeping procedures required: The businesses will be required to continue reporting operator training and payment of fees
c. Description of professional skills required: No new skills will be required.
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:
Wednesday, June 16, 2004 at 10:00 a.m.
Video conference participation will be available at:
State Office Building
Room 139
718 W. Clairemont Avenue
Eau Claire
State Office Building
Room 618
200 N. Jefferson Street
Green Bay
State Office Building
Room B29
3550 Mormon Coulee Road
La Crosse
UW Extension Pyle Center
Room 327
702 Langdon Street
Madison
UW-Platteville
Ottensman Hall, Room 203
1 University Plaza
Platteville
DNR Northern Region Headquarters
Room 3
107 Sutliff Avenue
Rhinelander
DNR Northern Region Headquarters
Conference Room, 810 W. Maple
Spooner
UW-Stevens Point
College of Professional Studies
Room 104, 1901 Fourth Avenue
Stevens Point
State Office Building
Room 153, 141 NW Barstow Street
Waukesha
Fiscal Estimate
The rule revisions will increase costs to the private sector as follows:
1. Annual certification examinations
Current cost ~ 175 exams @ $25 each = $4375
New cost ~ 175 exams @ $100 each = $17500
Increase ~ $13125
2. Annual Certification Renewals
Current cost ~ 323 renewals @ $45 each = $14535
New cost ~ 323 renewals @ $65 each = $20995
Increase ~ $6460
3. Late Fee Penalty
Current cost ~ 60% Late – 194 Late @ $25 each = $4850
New cost ~ 194 late @ $100 each = $19400
Increase ~ $14550
4. Operator-in-Training Registration
Current cost ~ 60 OIT @ $10 each = $600
New cost ~ 60 OIT @ $25 each = $1500
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 Greg Kester at (608) 267-7611 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Mr. Greg Kester, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than June 25, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Kester.
Notice of Hearing
Natural Resources
(Environmental Protection—Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to s.
30.19 (1g) (c),
(1d),
(1m),
(3r) (a) 2. and
4., Stats., interpreting s.
30.19 (1g) (c),
(1d),
(1m),
(3r) (a) 2. and
4., Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-21-04(E) to repeal s.
NR 340.02 (2),
(8) and
(19) and to create ch.
NR 341 relating to the regulation of grading on the bank of a navigable waterway. This emergency order has an effective date of May 19, 2004.
The rule determines what constitutes a bank for priority navigable waterways and navigable waterways; establishes criteria defining those activities needing a grading permit for grading sites located on the bank of a navigable waterway; and specifies conditions under which individual permit coverage is required. This rule recognizes the similarity between the requirements of a grading permit and the requirements of a ch.
NR 216 stormwater construction site discharge permit. This rule specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner rights and property.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, June 16, 2004 at 3:00 p.m.
Room 041, GEF #3
125 South Webster Street
Madison
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 Ms. MaryAnn Lowndes at (608) 261-6420 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the emergency rule may be submitted to Ms. MaryAnn Lowndes, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707-7921 no later than June 18, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained by calling Ms. Roberta Lund at (608) 266-2220 or it is available on either the Revisor of Statutes website at
www.legis.sta
te.wi.us/rsb/code or the Department`s website at:
www.dnr.wi.gov/org/water/fhp/waterway/emergencyrules.shtml.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 18th day of June, 2004, at 9:30 a.m., in the Marden Center Multi-Purpose Room, at the Wisconsin Veterans Home at King, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
The creation of chapter VA 18 establishes the application process, eligibility criteria, stipend amount, repayment provisions, and employment requirements for the administration of the stipend program authorized by the legislature and governor in
2003 Wis. Act 33. The stipend program was enacted to provide financial incentives to individuals to attend school and receive the credentials necessary to become employed in a critical need position at the Veterans Homes operated by the Department of Veterans affairs at King and Union Grove, Wisconsin. The critical need employment position identified in the proposed order is the position of registered nurse. The statutory authority directs the department of Veterans Affairs to promulgate rules for the stated purposes.
There are no current or pending federal regulations that address stipends for registered nurses as an inducement to become employees of State Veterans Homes. However, recent federal legislation has been proposed that, if enacted, could provide a subsidy of up to 50% of the amount of stipends paid under this program. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector. The rule provides an inducement to individuals to accept and retain employment as a registered nurse with the Department of Veterans Affairs.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is not expected to have any fiscal impact. Funding for the program was provided under the provisions of
2003 Wisconsin Act 33.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
