Wisconsin Legislature: Text

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Terry Mace at (608) 231-9333 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule, emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the rules may be submitted via U.S. mail to Mr. Terry Mace, Bureau of Forestry Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 5, 2006. 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. Mace.

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.201, 295.12 and 227.11 (2) (a), Stats., interpreting s. 30.201 and subch. I of ch. 295, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 135 and 340, Wis. Adm. Code, relating to the reclamation of nonmetallic mining sites. The proposed revisions:

Remove “start-up" language from the rule. These rule changes will make some minimal changes to uniform statewide reclamation standards for nonmetallic mines and some important changes to administrative procedures to program administered by county the local government. In addition, the “start-up" language that is no longer applicable will be removed from the rule. Numerous provisions were included in the original rule for special permitting and review processes for nonmetallic mining operations that were active when the mine reclamation program began. These are no longer necessary or applicable and should be removed.

Clarify and simplify through improvements to fee collection and timing of annual report submittal. Currently operators pay fees by anticipating unreclaimed acreage in the upcoming year and provide annual reports based upon the previous year. The proposed language revises s. NR 135.39 so that only one deadline is required for both fee submittal and for the submittal of the annual report. In addition, both fees and the report will now be based on unreclaimed acreage in the previous year.

Fee increase. Fee increase are proposed in the rule to reflect adjustments for inflation. This will affect the portion of the fees collected by regulatory authorities which are forwarded to the DNR to cover its administrative costs. In addition, fees that the DNR would assess if the DNR was forced to become the regulatory authority would also be adjusted. To date the DNR has not been required to assume the contingency role as the regulatory authority.

Dispute resolution. Currently DNR can work to assist in the resolution of disputes between nonmetallic mine operators and their regulatory authority. Under the current rule language, the process and the outcomes of this resolution are vague. The proposed revisions to s. NR 135.52 clarity the roles of each party, the steps to be taken and corresponding timeframes. The proposed revisions will require the DNR to provide a written opinion, but not a binding decision.

Clarify language based on experience. The proposed revisions include various minor wording changes to rule language that address very specific issues which have arisen over the past five years as well as several changes to definitions. One of these changes relates to the safety and stability of slopes that exceed 3:1 after site reclamation. Several minor changes to reclamation plan submittal requirements, public hearings, conditional approvals and explanatory notes are also proposed.

Harmonize financial assurance with ch. NR 340 on nonmetallic mining and reclamation associated with navigable waterways and adjacent areas. The use of additional options that can be employed to satisfy ch. NR 340 financial assurance requirements, as provided in recent statutory changes. The anticipated changes to ch. NR 340 will reflect the mandated changes to s. 30.203, Stats., and will also make the financial assurance provisions of ch. NR 340 more consistent with corresponding provisions of ch. NR 135.

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

a. Types of small businesses affected: Nonmetallic mines

b. Description of reporting and bookkeeping procedures required: No new requirements

c. Description of professional skills required: No new requirements.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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:

Thursday, April 13, 2006 at 1:00 p.m.

Council Chambers, Wausau City Hall, 407 Grant Street, Wausau

Friday, April 14, 2006 at 1:00 p.m.

Room G09, 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Thomas Portle at (608) 267-0877 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Thomas Portle, Bureau of Waste Materials & Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 28, 2006. 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. Portle.

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.59 and 289.61, Stats., interpreting s. 281.59 and 281.61, Stats., the Department of Natural Resources will hold a public hearing on the repeal of chs. NR 127, 128 and 160 and the repeal and recreation of ch. NR 166, Wis. Adm. Code, relating to the Safe Drinking Water Loan Program. Chapters NR 127, 128 and 160 were the rules for grant programs that have been obsolete for more than 10 years due to changes in federal regulations and state statutes. Repealing these codes should eliminate any confusion their existence may cause about available funding programs.

Chapter NR 166 is being repealed and recreated to clarify the eligibility, procurement, amendment and scoring sections of the rule. The updated rule includes new subsections in the eligibility and amendments section of ch. NR 166 to write existing program policies into the rule. In addition, language is added to limit the refinancing of local governmental units' existing debt on projects that are already constructed. Some inconsistencies between ch. NR 162 on the Clean Water Fund program and ch. NR 166 are eliminated making administration of the two programs more efficient.

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. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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, April 12, 2006 at 10:00 a.m.

Video conference participation will be available at:

Room G11, GEF #2 State Office Building

101 South Webster St.

Madison

Room 139, State Office Building

718 W. Clairemont Avenue

Eau Claire

Room 318, State Office Building

200 N. Jefferson Street

Green Bay

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeanne Cargill at (608) 267-7587 with specific information on your request at least 10 days before the date of the scheduled hearing.

There is no state or local fiscal impact.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Jeanne Cargill, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 26, 2006. 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. Cargill.

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05, 289.06, 289.07 and 227.11 (2) (a), Stats., interpreting ss. 289.24, 289.30 and 289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 504, 506, 512, 514, 516 and 520, Wis. Adm. Code, relating to landfilling of solid waste. The requirement for landfill operators to submit landfill organic stability plans was approved in Natural Resources Board Order No. WA-47-04 (Clearinghouse Rule No. 04-077). When the Natural Resources Board adopted the rule on March 23, 2005, the Board directed DNR staff to draft more detailed rules for the landfill organic stability plans. Landfill organic stability plans will reduce the environmental and public health risks posed by the long-term persistence of undecomposed organic materials in landfills. These rule revisions contain requirements for the minimum contents of the plans; a set of goals for the landfill operator to use to model the chosen strategy for achieving organic stability; monitoring, evaluation and reporting requirements; and definitions specifying to which landfills these rules apply. The proposed rules attempt to establish achievable goals and an even playing field for landfill operators while remaining non-prescriptive about the methods the operators use to achieve the goals.

The proposed rule also corrects non-substantive rule drafting and style errors inadvertently left in the previous rule package. It also makes one substantive but minor change in the testing requirements for the newly installed landfill liners.

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. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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:

Tuesday, April 11, 2006 at 1:00 p.m.

Room 150 &185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire

Wednesday, April 12, 2006 at 10:00 a.m.

Room 162 West Wing, State Office Building, 141 NW Barstow, Waukesha

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Janet DiMaggio at (608) 264-6001 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Gene Mitchell, Waste and Material Supervisor, 3911 Fish Hatchery Road, Fitchburg, WI 53711. Comments may be submitted until April 21, 2006. 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. Janet DiMaggio, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707.

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 the amendment of s. NR 520.04 (1) (d) 5., Wis. Adm. Code, relating to balances in the Waste Management Program Revenue Account. The intent of the proposed rule is to make the rule more manageable from a budgeting perspective. The current rule requires the Department of modify the landfill license surcharge fee if the account balance is greater than 8% of the expenditure level for the previous fiscal year. The proposed rule will revise the language to require the Department to modify the surcharge fee to more closely align revenues with expenditures if the account balance exceeds 20% of the expenditure level of the program revenue account for 3 consecutive fiscal years.

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. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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:

Tuesday, April 18, 2006 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street, Madison

Wednesday, April 19, 2006 at 10:00 a.m.

Conference Room #1, Portage Co. Courthouse Annex

1462 Strongs Ave., Stevens Point

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Mack at (608) 267-9386 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dennis Mack, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 22, 2006. 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. Mack.

The Wisconsin Department of Veterans Affairs announces that a public hearing will be held on the 21st day of April, 2006, at 9:45 a.m., at the Stone Harbor Resort and Conference Center, 107 North First Avenue, Sturgeon Bay, Wisconsin on amendments to chapter VA 16, Wis. Adm. Code, relating to the county transportation services grant program.