Department of Health Services
1 W. Wilson Street, Room 650
Madison, WI 53707
Phone: 608-226-1279
Submission of Written Comments
Comments may be submitted to Rosie Greer listed above, or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until February 18, 2010, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
The rules created under s.
895.59 (2) Stats., are required to include a reduction or waiver of penalties for voluntary disclosure by a small business of actual or potential violations of rules or guidelines. Section
895.59 (2) Stats., further requires that the rule specify when the use of discretion in the enforcement of a rule or guideline against a small business will not be allowed. Section
895.59 (2), Stats., includes a list of circumstances under which discretion is not allowed. These circumstances must also be included in the rule. The rules may include consideration of a violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge.
Related statute or rule
Plain language analysis
The Department proposes to create a rule consistent with the requirements of s.
895.59, Stats., by indicating when the Department may use discretionary enforcement concerning small businesses and when discretionary enforcement concerning small businesses is prohibited.
Comparison with federal regulations
There appear to be no proposed or existing federal regulations that are intended to address the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
There appear to be no rules in Illinois that are similar to the proposed rules.
Iowa:
There appear to be no rules in Iowa, that are similar to the proposed rules.
Michigan:
There appear to be no rules in Michigan that are similar to the proposed rules.
Minnesota:
There appear to be no rules in Minnesota that are similar to the proposed rules.
Summary of factual data and analytical methodologies
The Department reviewed statutes that authorize enforcement to determine the limitations if any of whether discretionary enforcement could be used and the extent of that discretion.
Analysis and supporting documents used to determine effect on small business
Entities that may be affected by the proposed rules include the following: Emergency Medical and Ambulance Service Providers; Asbestos & Lead Abatement Providers, Consultants, and Trainers; Hotels and Motels; Bed and Breakfast Establishments; Tourist Rooming Houses; Recreational and Educational Campgrounds; Restaurants (including mobile restaurants); Tattoo and Body Piercing Establishments; Tanning Bed Facilities; Public Pools; Vending Machine Operators; WIC Vendors; persons subject to licensing and regulation under ch.
DHS 157; other entities regulated by the Department's Division of Public Health; and certain Medical Assistance providers regulated by the Department's Division of Health Care Access and Accountability.
Section
895.59, Stats., is applicable only to small businesses that are not covered under ss.
48.685 or
50.065, Stats. Because the rule requires a reduction or waiver of a penalty for voluntary disclosure of a violation, it is likely that the rule will have a positive fiscal effect on those businesses that receive a waiver or reduction.
Small Business Impact
The proposed rules will have a direct impact on a substantial number of small businesses that are not covered under ss.
48.685 or
50.065, Stats. The economic impact on the businesses affected by this rule is indeterminate.
Small business regulatory coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
Indeterminate.
Agency Contact Person
Rosie Greer
Department of Health Services
1 W. Wilson Street, Room 650
Madison, WI 53707
Phone: 608-226-1279
Natural Resources
Environmental Protection — General, Chs.
NR 100—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.11 (2) (a),
281.16,
281.19,
281.65 and
281.66, Stats., the Department of Natural Resources will hold public hearings on proposed revisions to Chapters
NR 151,
153 and
155, Wis. Adm. Code, relating to the control of polluted runoff and two grant programs that help fund those controls.
Hearing Information
The hearings will be held on:
January 25, 2010 Outagamie County Highway Dept.
at 1:00 p.m. Highway Shop Conference Room
1313 Holland Road
Appleton
January 28, 2010 Best Western Trail Lodge
at 1:00 p.m. 3340 Mondovi Road
Room: Chippewa #1
Eau Claire
February 2, 2010 State Office Bldg.
at 1:00 p.m. 141 NW Barstow St., Room 151
Waukesha
February 10, 2010 Lyman F. Anderson Agricultural and
at 1:00 p.m. Conservation Center
1 Fen Oak Court
Classrooms A & B (1st floor)
Madison
February 11, 2010 Rib Mountain Municipal Center
at 1:00 p.m. 3700 N. Mountain Road (HWY NN)
Wausau
February 25, 2010 UW Platteville, Pioneer Student Center
at 1:00 p.m. University North Room
One University Plaza
Platteville
Each hearing will begin with a 1 hour informational session followed by formal testimony.
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided to qualified individuals with disabilities upon request. Please call Carol Holden at (608) 266-0140 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Fiscal Estimate
The proposed rule revisions and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following internet site:
https://health.wisconsin.gov/admrules/public/ Home (Search this website using “NR 151", select “NR 151, 153, 155 Relating to Runoff Management Performance Standards and Grants."). If you do not have internet access, a personal copy of the proposed rules and supporting documents, including the fiscal estimate may be obtained from Carol Holden, DNR – WT/3, P.O. Box 7921, Madison, WI 53707-7921 or by calling (608) 266-0140.
Submission of Written Comments
Written comments on the proposed rules may be submitted via U.S. mail to Carol Holden, DNR – WT/3, P.O. Box 7921, Madison, WI 53707-7921 or by e-mail to carol.holden@ wisconsin.gov. Comments may be submitted until March 12, 2010. 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rule
Plain language analysis of the rule
Chapter NR 151, Runoff Management
The rule adds new and modifies existing performance standards that address nonpoint source pollution from both agricultural and non-agricultural sources, including transportation. The new performance standards include:
•
a setback from waterbodies in agricultural fields within which no tillage would be allowed;
•
a limit on the amount of phosphorus that may run off croplands as measured by a phosphorus index;
•
a prohibition against significant discharge of process wastewater from milk houses, feedlots, and other similar sources;
•
a standard that requires implementation of best management practices designed to meet a load allocation specified in an approved Total Maximum Daily Load (TMDL).
Modifications are made to the agricultural performance standards addressing cropland soil erosion control, nutrient management and manure storage. The rule also changes the non-agricultural performance standards that address construction site erosion control, post-construction storm water management and developed urban areas. The subchapter addressing transportation performance standards is moved to the non-agricultural performance standards sections. The agricultural implementation and enforcement sections are modified to clarify cost-share eligibility and to better align with the department's stepped enforcement procedures. Some definitions are added and other definitions that are no longer used are deleted.
