Rule-Making Notices (Hearing Notices)

• 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 [phone] 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 [phone] 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 [phone] 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