Rule-making notices
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.041,
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 a public hearing on the amendment of s.
NR 25.09 (2) (b) 2. e., Wis. Adm. Code, relating to commercial fishing with trap nets 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, except in designated areas near Manitowoc and Sheboygan. The designated area near Manitowoc is controversial because it is heavily used by sport fishers, many of whom have asked that it be eliminated or moved to the north. In June, 2004 the Natural Resources Board adopted Emergency Order No. FH-49-04(E), moving the Manitowoc area a few miles to the north. Under the proposed rule, the boundaries of the Manitowoc summer trap netting area would be permanently changed to the area temporarily established by the emergency order during 2004.
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: Lake Michigan commercial trap net fishers.
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 hearing will be held on:
Tuesday, December 14, 2004 at 5:00 p.m.
Lake Michigan Room 140
Lakeshore Tech. College
1290 North Avenue, Cleveland
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
No fiscal impact is anticipated
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 14, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Environmental Protection-General)
NOTICE IS HEREBY GIVEN that pursuant to s.
292.65, Stats., interpreting s.
292.65 (3) (a), Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 169, Wis. Adm. Code, relating to the dry cleaner environmental response program. This rule outlines the procedures for owners and operators of dry cleaner facilities, or property owners of licensed facilities or their agents to obtain reimbursement for the costs of site investigations and cleanups that under conducted under the NR 700 rule series. This rule identifies eligible applicants and eligibility requirements for conducting immediate actions, interim actions, site investigations, and remedial actions.
The rule specifies requirements for eligible actions (including bidding requirements) as well as procedures applicants must follow to obtain reimbursement. The rule establishes the allocation of funds based on the environmental priority of the site (25% for high priority, 60% for medium priority, and 15% for low priority sites). Reimbursements are made within those categories based on the order in which applications are received. In addition, the rule reiterates the statutory requirements for maximum award limits and deductibles which the owner or operator of the facility must pay. The rule also reiterates statutory requirements for pollution prevention and licensing requirements for dry cleaning facilities. The rule contains cost-control measures as part of the bidding requirements for consultants conducting the response actions at dry cleaner sites. The rule revisions incorporate the new deadline for participation in the program (notification to the department must be made by August 30, 2008). The rule revisions also allow for partial reimbursements if site investigation costs exceed $45,000, to ease the financing burden on these small businesses.
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: Dry cleaners.
b. Description of reporting and bookkeeping procedures required: No new procedures.
d. Description of professional skills require: 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:
Wednesday, December 15, 2004
Video conference participation will be available at:
Room 139, State Office Building
718 W. Clairemont Ave.
Eau Claire
Room 618, State Office Building
200 N. Jefferson St.
Green Bay
Room 227
UW Extension-Pyle Center
702 Langdon Street
Madison
Room 98, State Office Building
819 N. 6th Street
Milwaukee
Room 3, DNR North Central Hdqrs.
107 Sutliff Ave.
Rhinelander
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. Theresa Evanson at (608) 266-0941 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Revisions to ch.
NR 169, the rule for administering the Drycleaner Environmental Response Fund (DERF) program, incorporate statutory changes including the deadline for participation in the program. This is a voluntary program which reimburses eligible drycleaner owners or operators, or property owners of licensed drycleaning facilities (or their agent) for eligible investigation and remediation costs up to $500,000. The rule identifies processes to be followed including bidding requirements as cost control measures.
There are 4 positions funded from the DERF program - one auditor in DNR Community Financial Assistance, two regional project managers in DNR Remediation and Redevelopment and one position for the Department of Revenue to issue licenses and collect the appropriate fees from drycleaners and solvent distributors. These rules do not affect these positions, nor do they affect current fees or expenditures.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Theresa Evanson, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 31, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Evanson
