NR 205 is the chapter for General Provisions in WPDES permits. The proposed technology update is to require electronic submission of discharge monitoring reports. Other changes are clarification of unscheduled bypassing of wastewater or to be consistent with federal regulations.
NR 210 is the chapter for Sewage Treatment Works. The minor clarification changes are to reflect date changes or clarification of terms. A modification is proposed to require that emergency operating provisions (such as stand-by generator or pump) be provided for all wastewater pumping stations.
NR 214 is the chapter for Land Treatment of Industrial Liquid Waste By-Product Solids and Sludges. One proposed change is to clarify subsurface systems to be consistent with ch. COMM 83.
NR 299 is the chapter containing the Water Quality Certification requirements. The proposed changes to this chapter are technical changes to reflect s. 281.36, a statute that was adopted after the rule went into effect and to provide clarity with respect to the original intent of the rule.
NR 328 is the chapter for Shore Erosion Control Structures in Navigable Waterways. The recommended changes are to provide clarification or typographical changes.
NR 341 is the chapter for Grading on the Bank of Navigable Waterways. The proposed changes to this rule are to provide typographical changes.
NR 812 is the chapter for Well Construction and Pump Installation. The proposed change to this rule is to correct the code reference to NR 110 made in this proposed rule package.
Comparison with federal regulations
The proposed rule contains minor modification, fixes typographical errors and updates the current rules to be consistent with federal regulations. Some of the revisions are to make our current regulations more consistent with federal regulations under the federal Clean Water Act.
Comparison with rules in adjacent states
These rules are being updated to be consistent with federal regulations so they should be consistent with adjacent states.
Summary of factual data and analytical methodologies
The proposed code revisions are minor in nature, so there are no data collections or extensive research to substantiate the revisions. Some of the minor modifications are to clarify but not substantially revise, technical requirements that are based on standard engineering design methodologies.
Analysis and supporting documents used to determine the effect on small businesses
The existing rule requirements are in place and these proposed changes are minimal to current practices therefore there is no impact anticipated to small businesses. No economic impact report has been requested.
Small Business Impact
The proposed rule changes are not expected to have a significant effect on small business. There are no significant changes to these rules that would affect small businesses.
Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule revision requires submittal of an electronic version of all plans and specifications, and the electronic submittal of discharge monitoring reports and web-based wastewater permit applications by all Wisconsin Pollutant Discharge Elimination System (WPDES) permittees. Permittees are now required to submit monthly discharge operating reports as part of their WPDES permit requirements. A few WPDES permittees may incur some one-time costs to comply with the electronic form submittal requirements, but the requirements will also provide significant annual cost savings for the Department.
Cost savings associated with the electronic submission of forms are summarized as follows:
A.   Printing cost savings of $6,300 for no longer having to process 100,000 double-sided pages of monthly discharge monitoring reports.
B.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to review the quality control of the documents before sending them to the third-party contractor that converts paper copy submittals to the Department's electronic database.
C.   Contractual savings of $45,000 for no longer needed to contract with a third-party entity for paper-to-electronic information conversion.
D.   Postage savings of $6,000.
E.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to scan WPDES facility plans and specifications to electronic copies for our database.
In total, annual cost savings are estimated to be $103,100. State expenditures for staff will not increase to cover the program revisions, and there will be no reduction in state revenues associated with state cost decreases.
For Plans and Specification submittals, most facilities hire consultants to do this work and they should have a computer or they could scan the documents and submit a CD of the plans with their paper copy submittal. Minor costs may be passed on to the permittee for this additional service.
All municipal WPDES permittees (979) are currently submitting their Compliance Maintenance Annual Report (CMAR) electronically as part of NR 208; therefore, this rule change has no fiscal effect at the local government level.
The proposed rule package would require all industrial permittees to submit monthly reports electronically to our database.
A.   One-Time Costs
1.   The Department estimates that 50 industrial permittees do not have a computer and will be required to incur one-time costs to buy a computer. Estimated costs for the computer are $1,500 x 50 facilities = $75,000.
2.   Once the industrial permittees go on-line and begin electronic report submittals, the Department estimates that they will achieve overall postal cost savings of $1,200 in the first year.
B.   Annualized Costs
1.   Annualized internet access costs for a new computer user to prepare electronic submittals are based on the estimated use per year: $360 year/facility x 50 facilities = $18,000.
2.   Form completion costs should be the same as sending in a paper copy. It is estimated that it will take the same amount of time for the operator to fill out an electronic submission as they spend on a paper copy.
State fiscal effect
Decrease costs.
Local government fiscal effect
Fund sources affected
Agency Contact Person
Susan Sylvester
Phone:   608-266-1099
Fax:   608-267-2800
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss. 118.38 (2) (bm) and 227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating section PI 8.01 (4), relating to waiver of school hours.
Hearing Information
The hearing will be held as follows:
Date and Time   Location
February 1, 2010   Madison
1:00 - 3:00 p.m.   GEF 3 Building
  125 South Webster Street
  Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Paul Sandrock, Director, Content and Learning, (608) 267-3726 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule and fiscal note are available on the internet at A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 5, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Sections 115.01 (10 ) (a) 2. and 3. and 118.38 (2) (bm), Stats.
Statutory authority
Sections 118.38 (2) (bm) and 227.11 (2) (a), Stats.
Explanation of agency authority
Section 118.38 (2) (bm), Stats., requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., if school is closed by order of a local health officer, department of health services, or school district administrator under s. 115.01 (10) (a) 2. or 3., Stats.
Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Section 121.02 (1) (f) 2., Stats.
Plain language analysis
2009 Wisconsin Act 42 allows school boards to meet the 180 school day requirement by including the following in the definition of “school day": 1) a school district administrator closing a school due to a threat to the health or safety of pupils or school personnel, unless the school board determines otherwise (this does not include days closed due to inclement weather) and 2) the department of health services (in addition to a local health officer) closing a school.
Notwithstanding these provisions, a school board must still provide the required number of instructional hours under s. 121.02 (1) (f) 2., Stats. Thus, the Act requires the department to promulgate rules establishing criteria for waiving the required number of hours of direct pupil instruction if a school is closed for either reason stated above.
As required in the Act, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., to address either of the above scenarios.
Comparison with federal regulations
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to school hours or waiving of school hours.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.