Rule-Making Notices (Hearing Notices)

40 CFR 144.80(e) addresses Class V Wells also known as Shallow Injection Wells. Specifically, 40 CFR 144.3, defines “Sanitary Waste" as including domestic wastewater. Chapter Comm 83 addresses treatment and dispersal of domestic wastewater. Also, 40 CFR 144.3, defines “Wells or Injection Wells" as including certain septic systems. Class V regulations specifically address “Large Capacity Septic Systems" which are defined as systems receiving sanitary wastes from multiple dwellings or from non-residential establishments where the system has a capacity to serve 20 or more person per day. These systems are “authorized by rule" provided they meet two minimum federal requirements. 1. The owner or operator submits basic inventory information. 2. The injectate (wastewater) cannot endanger underground sources of drinking water. Chapter Comm 83, Wis. Adm. Code, addresses Private Onsite Wastewater Treatment Systems (POWTS) which include septic systems that serve all structures residential and non-residential regardless of capacity. Owner information is required as part of the permitting process. Section 145.13, Wis. Stats., requires that chapter Comm 83, Wis. Adm. Code, comply with the provisions of chapter 160, Wis. Stats. Chapter NR 140, Wis. Adm. Code, contains a list of substances that have preventative action limits and enforcement standards. This list is more specific than the current federal regulations. Chapter Comm 83, Wis. Adm. Code, incorporates the applicable provisions of chapter 160, Wis. Stats., and chapter NR 140, Wis. Adm. Code.

40 CFR Part 122 addresses National Pollutant Discharge Elimination System (NPDES) permits. Chapter Comm 83, Wis. Adm. Code, addresses large POWTS systems which are covered by Wisconsin Pollutant Discharge Elimination System (WPDES) permits that are issued by the Department of Natural Resources. The WPDES permit process is modeled after the NPDES permit process.

There are no proposed federal regulations that would address activities that are regulated by this rule making project.

Comparison with adjacent states

An internet search of the State of Illinois website revealed that the Illinois Private Sewage Code was last revised in 2003. Illinois Environmental Protection Agency regulates surface discharge (greater than 1,500 gpd) and “experimental" systems. Illinois Department of Public Health regulates surface discharging systems (less than 1,500 gpd) and all other systems that discharge below ground surface. The rule does not include requirements for maintenance reporting programs.

An internet search of the State of Iowa website revealed that the Iowa Onsite Wastewater Treatment and Disposal Code was last revised in 2003. In Iowa local boards of health have primary responsibility for onsite systems. The Iowa Department of Natural Resources has responsibility for systems that serve more than 15 people. The rule does not include requirements for maintenance reporting programs.

An internet search of the State of Michigan website revealed that Michigan does not have a statewide onsite sewage system code. Michigan Department of Environmental Quality under the authority of Part 22 Groundwater Quality Rules established the 1994 version of `The Michigan Criteria for Subsurface Sewage Disposal. These criteria are used by the Michigan Department of Environmental Quality and by 44 local health departments that develop their own rules to regulate single and two family systems. The Michigan Criteria do not include requirements for maintenance reporting programs.

An internet search of the State of Minnesota website revealed that Minnesota Rules Chapter 7080, Individual Sewage Treatment Systems (ISTS) was last revised in 1999. Counties/Local Governments issue permits for systems with less than 10,000 gpd flows. Minnesota Pollution Control Agency issues permits for systems with greater than 10,000 gpd flows. Local rules may include a maintenance reporting requirement.

Summary of factual data and analytical methodologies

The primary methodology for updating the POWTS rules, primarily chapters Comm 81 and 87, has been a review and assessment of the current rules by an advisory council. The members of the council represent many stakeholders involved in the POWTS industry, including designers, contractors, regulators, academics and manufacturers. (A listing of the council members is provided at the end of this analysis.)

The Department utilizes advisory councils to gather information on potential impacts in complying with the both the technical and administrative requirements of the codes. A responsibility of council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in the Safety and Building Division.)

Analysis and supporting documents used to determine effect on small business

The Department believes that the proposed rules would have a minimal additional impact on small business in light of the following:

The current chapter Comm 83 contains inspection, maintenance, servicing and reporting requirements for POWTS. Contractors involved in providing inspection, maintenance, servicing and reporting services will not have additional requirements to meet based on the proposed code revisions. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the 2005 Wisconsin Act 347.

An economic impact report has not been required pursuant to s. 227.137, Stats.

Council Members and Representation

The proposed rules were developed with the assistance of the following Advisory Council:

POWTS Advisory Code Council

James Converse, Madison, UW Madison – Dept. of Biological Systems Engineering

Steven Crosby, Waunakee, Wisconsin Builders Association

Dale Dimond, Wausau, Marathon County Zoning

Patrick Essie, Madison, Wisconsin Precast Concrete Association

Thomas Gilbert, Madison, Wisconsin Department of Natural Resources

Don Murphy, Eagle, Wisconsin Liquid Waste Carrier Association

Michael O'Connell, Mount Horeb, Wisconsin Association of Plumbing, Heating, and Cooling Contractors

Chris Olson, Door County Sanitarian Office

Sue Schambureck, Reedsville, Wisconsin Onsite Wastewater Recycling Association

Todd Stair, Delafield, Wisconsin Onsite Wastewater Recycling Association

E. Jerry Tyler, Madison, UW Madison – Dept. of Soil Science

Copy of Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail] , or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Roman Kaminski
Division of Safety and Buildings
Department of Commerce
P.O. Box 2689
Madison, Wisconsin 53701
Telephone [phone]

Written comments will be accepted until December 7, 2007.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules

The proposed rule revision will affect soil testers, designers, installers and maintainers of POWTS. The revisions implement portions of 2005 Wisconsin Act 347 regarding POWTS maintenance and are also intended to update and clarify existing rules that were last revised in 2004.

Reporting, bookkeeping and other procedures required for compliance with the rules

The proposed rule revision does not establish new requirements for soil testers, designers, installers and maintainers of POWTS.

Types of professional skills necessary for compliance with the rules

The proposed rule revision will not establish the need for additional or new skills for soil testers, designers, installers or maintainers of POWTS.

Will the rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Fiscal Estimate

2005 Wisconsin Act 347 directs the department to implement a maintenance reporting program for private onsite wastewater treatment systems, POWTS. This program includes activities undertaken by governmental units (counties) to insure compliance with POWTS maintenance requirements.

Many counties have existing POWTS maintenance reporting programs in place. There is a broad range of technical ability and sophistication of these programs. The programs range from a paper based reporting system to a fully integrated electronic reporting system. The number of POWTS entered into databases range from 0 to all known POWTS within the jurisdictional area. Four counties currently do not participate in the Wisconsin Fund program and therefore do not have some form of maintenance reporting which is a requirement for participation.

Costs for implementation of a POWTS maintenance reporting program will vary depending on the level of program currently in place and are therefore indeterminable. Governmental units are able to implement fees, by ordinance, to support the implementation or expansion of a POWTS maintenance reporting program.

Governmental units have other existing sources of POWTS revenue such as Sanitary Permits. It is unknown whether governmental units may pass direct costs associated with a maintenance reporting program to owners.

A proposed change will shift the required plan review for holding tanks to be performed at the local level by all governmental units. Many governmental units currently perform this review. The department anticipates that there will be a loss of $60,000 in annual revenue as a result of the shift.

It is not anticipated that there will be additional costs for others to comply with these rule revisions. The current chapter Comm 83 contains inspection, maintenance, servicing and reporting requirements for POWTS. Contractors involved in providing inspection, maintenance, servicing and reporting services will not have additional requirements to meet based on the proposed code revisions. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by 2005 Wisconsin Act 347.

Long-range fiscal implications

None anticipated for department operations. For governmental units, ongoing costs associated with operation of a reporting program database and compliance follow-up will occur.

Notice of Hearing

Commerce

(Financial Resources for Businesses and Communities, Chs. Comm 104-131 )

[CR 07-101]

NOTICE IS HEREBY GIVEN that pursuant to s. 560.28 (2), Stats., the Department of Commerce will hold a public hearing on proposed rules in chapter Comm 130, Wis. Adm. Code, relating to certifying businesses as being eligible to claim tax credits for fuel and electricity used in manufacturing, under ss. 71.07 (3t), 71.28 (3t), and 71.47 (3t), Stats., and affecting small business.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
November 28, 2007 Wednesday 9:30 A.M.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or [phone] (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 a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until December 5, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. All written comments should be submitted by e-mail to [e-mail]. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Analysis Prepared by the Department of Commerce

Statutes interpreted

Sections 71.07 (3t), 71.28 (3t), 71.47 (3t), and 560.28, Stats.

Statutory authority

Sections 227.11 (2) (a) and 560.28 (2), Stats.

Explanation of agency authority

Section 560.28 (2), Stats., requires the Department to promulgate rules for certifying businesses as eligible to claim tax credits for fuel and electricity used in manufacturing, under ss. 71.07 (3t), 71.28 (3t), and 71.47 (3t), Stats.

Related statute or rule

The Department has rules for several other programs associated with tax credits, but none of those programs relate to certifying businesses as being eligible to claim these tax credits.

Plain language analysis

The proposed rules specify (1) the eligibility requirements for businesses to become certified, (2) the documentation that must be submitted to receive certification, (3) the Department's response to the submitted documentation, and (4) use of the Department's response when filing claims with the Department of Revenue for the corresponding tax credits.

Comparison with federal regulations

Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulations that address these tax credits.

Comparison with adjacent states

Neither the Department nor the Department of Revenue is aware of any rules in adjacent states that address these tax credits.

Summary of factual data and analytical methodologies

The data and methodology for developing these rules were derived from and consisted of (1) incorporating the criteria in 2003 Wisconsin Act 99; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic development, business development, and tax-credit verification; and (3) soliciting and utilizing input from the Department of Revenue, and from representatives of the stakeholders who are expected to participate in this program.

Analysis and supporting documents used to determine effect on small business

The primary document that was used to determine the effect of the proposed rules on small business was 2003 Wisconsin Act 99. This Act requires the Department to promulgate rules for certifying businesses as eligible to claim tax credits for fuel and electricity used in manufacturing, under sections 71.07 (3t), 71.28 (3t), and 71.47 (3t) of the Statutes.

Effect on small business

The proposed rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by businesses that choose to pursue these tax credits.

Agency Contact Person

Amy Cumblad, Wisconsin Department of Commerce, Bureau of Business Development, P.O. Box 7970, Madison, WI, 53707-7970; telephone [phone]; e-mail [e-mail].

Copy of Rules