The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov or to:
JamesW.Schmidt @Wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Jim Schmidt, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 16, 2008. 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. Schmidt.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
Fiscal Estimate
Revenues. In the past 4 years, WPDES fees associated with copper limits have ranged between $45,000 to $60,000 per year. Assuming that copper-related fees would increase by 15% under this proposal, and applying that percentage to the upper range of copper-related fees collected, the Department estimates that the proposed rule package would increase annual WPDES fee collections under NR 101 by $9,000 ($60,000 x 15%). Furthermore, the Department estimates that the proposed rule changes for the remaining 17 toxic substances will have a minimal impact on WPDES fee collections.
Costs. A minimal amount of DNR staff time will be required to implement the proposed rule changes.
Notice of Hearings
Natural Resources
(Environmental Protection-Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.20(1),
(1k),
(1t) and
(2),
30.206 and
227.11(2), Stats., interpreting ss.
30.20(1),
(1g),
(1k),
(1m),
(1t) and
(2) and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 345, Wis. Adm. Code, relating to general permit standards to allow operation of a motor vehicle on the beds of outlying waters to remove algae, mussels, dead fish and similar large public nuisance deposits and for the removal and control of invasive plants on exposed lakebeds.
The operation of motor vehicles and the removal or disturbance of materials on the beds of navigable waterways (also known as dredging) is regulated by ch.
30, Stats., and ch.
NR 345. The statutes and current rule allow lakefront property owners to apply for an individual permit to use mechanized methods to remove nuisance deposits or other invasive or unwanted vegetation. However, individual permits require a $500 application fee and a 30-day public comment period before the permit can be issued.
Considering the changing lakeshore due to decreased water levels and the abundance of invasive species, the department proposes to revise ch.
NR 345 to create two new general permits. The general permits would allow lakefront property owners to operate motor vehicles on the beds of “outlying" navigable waters to remove public nuisance deposits (Cladophora, Zebra mussels, dead fish, etc.) and to control and manage invasive vegetation on exposed lakebed more efficiently while complying with general permit conditions created to protect the public interest in the lakebed. The general permit has a $50 application fee and is processed in 30 days.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 15, 2008 Room 151
Tuesday at 10:00 a.m. Dreyfus State Office Building
141 NW Barstow St.
Waukesha
January 16, 2008 Lake Michigan Room
Wednesday at 10:00 a.m. DNR Northeast Region Hdqrs.
2984 Shawano Avenue
Green Bay
January 17, 2008 Video conference participation
Thursday at 10:00 a.m. will be available at:
Room 306
Conference Center
Wis. Indianhead Tech. College
2100 Beaser Avenue
Ashland
Room L130
UW Center – Marinette
750 W. Bay Shore St.
Marinette
Large Conference Room
DOT Superior-District 8
1701 N. 4th St.
Superior
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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copy of Rule and Submission of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov or to
MartinP.Griffin@ Wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Martin Griffin, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 21, 2008. 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. Griffin.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER 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:
Types of small business that will be affected by the rule
Small businesses affected by this rule will include contractors, developers and consultants who provide plans or design for projects along public navigable waterways which may include the removal of unwanted aquatic plants and dead animals from shoreline as well as participating in invasive species control and management.
Reporting, bookkeeping and other procedures required for compliance with the rule
The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required. For the aquatic plant management activities outlined in the rule, an invasive species control plan that includes a description of the existing condition (including the types of plants present and their abundance); a strategy for the control of the invasive species; a plan for the re-establishment of the native plant community; and a monitoring plan to assess the success or failure of the control plan may be required.
Type of professional skills necessary for compliance with the rule
Map reading, basic computer use, mathematics, drawing to scale, and clear writing are the skills needed to comply with these rules. While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, then professional ecological or engineering expertise may be helpful.
Small business regulatory coordinator
Environmental Analysis
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.
Fiscal Estimate
The Department estimates that under the proposed rule, approximately 2 dredging requests per year will continue to require a $500 individual permit, for a total of $1,000 in individual permit revenue. It is estimated that the remaining 38 requests will require general permits, for a total of $1,900 in general permit revenue (38 general permits x $50/each). Therefore, total revenue for individual and general permits is estimated to be $2,900, which represents a $1,900 increase over revenue generated under current rules.
The rule changes will have no impact on local government costs.
