The proposed rules establish the requirements for the inventory and maintenance of POWTS as reflected in the statutory mandates of
2009 Wisconsin Act 392. The rules require the following:
Governmental units shall conduct, complete and maintain an inventory of all POWTS located in their jurisdiction by October 1, 2013.
Governmental units shall develop and implement a POWTS maintenance program by October 1, 2015.
In addition, the proposed rules include technical revisions to address code inconsistencies and new technologies.
Summary of, and comparison with, existing or proposed federal regulations
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register found two existing federal regulations that address some aspects of private sewage systems:
1.
40 CFR 144.80(e) – Under federal regulations, private sewage systems are classified as Class V Wells, 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: a) The owner or operator submits basic inventory information, and b) 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.
2.
40 CFR Part 122 – Under federal regulations, large private sewage systems require National Pollutant Discharge Elimination System (NPDES) permits which currently are administered by the Department of Natural Resources under its Wisconsin Pollutant Discharge Elimination System (WPDES) program. The WPDES permit process is modeled after the NPDES permit process.
There are no proposed federal regulations that address the inventory and maintenance of POWTS as mandated by
2009 Wisconsin Act 392 or the other matters being clarified under this proposed rulemaking project.
Comparison with similar rules in adjacent states
An Internet-based search for private sewage system regulations in the states of Illinois, Iowa, Michigan and Minnesota found the following:
•
Illinois administrative code, Title 77: Public Health, Chapter I: Department of Public Health, Subchapter r: Water and Sewage, Part 905 Private Sewage Disposal Code regulates all private sewage disposal systems. The Division of Environmental Health's Environmental Engineering Section reviews and approves plans for private sewage disposal systems before construction. There are about 90 local health departments in Illinois that review sewage disposal system construction plans, either by authority of a local ordinance or as an “agent" of the department. In addition, the division licenses about 2,500 individuals to either install or pump out private sewage disposal systems.
•
Iowa's Environmental Protection Commission regulates private sewage disposal systems. Requirements relating to the design, location, installation, use and maintenance of installation private sewage systems can be found in Chapters
64 and
69 of the Iowa Administrative Code. In March 2009, the commission amended Chapter
64, “Wastewater Construction and Operation Permits," and adopted a new Chapter
69, “Private Sewage Disposal Systems." Provisions were added for tank abandonment, grease interceptors and permits by rule. A new rule was added pertaining to inspection of septic systems at the time of transfer of property. Other new provisions include requiring a final inspection on a new system installation and requiring counties to enter basic information about that system into the state onsite wastewater database system.
•
Michigan does not have a statewide onsite sewage system code. The 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.
•
Minnesota statute, Chapter
115 relating to water pollution control and sanitary districts, establishes rules for “Individual and Alternative Discharging Sewage Treatment Systems." The rules require counties to adopt local ordinances “containing minimum standards and criteria for the design, location, installation, use, maintenance, and closure of subsurface sewage treatment systems."
Summary of factual data and analytical methodologies
In developing the proposed rules, the department reviewed the provisions under
2009 Wisconsin Act 392 in conjunction with the department's broad authority under Chapters
101 and
145, Stats., to establish building and construction codes that establish minimum standards for the protection of public health, safety and welfare.
The methodology for the proposed revisions of chapters Comm 81 to 84 relating to POWTS, included a review and assessment by staff of code issues that require clarification.
In addition, the review and assessment process involved the participation of the Private Onsite Wastewater Treatment System (POWTS) Advisory Code Council. The members represent the many stakeholders involved in the private sewage system industry including designers, contractors, regulators, academics and manufacturers. The department gathered information and recommendations from the 11-member POWTS Advisory Code Council on the potential impacts of the administrative and technical requirements of the code. (A listing of the POWTS Advisory Code Council is provided at the end of this analysis.)
Effect on Small Business Including Analysis and Supporting Documents Used to Determine Effect on Small Business
The department believes the proposed rules will have a minimal additional impact on small business. The proposed rules implement the mandates imposed by
2009 Wisconsin Act 392. The Act affects governmental units (counties) and establishes deadlines for the completion of an inventory of private sewage systems within their jurisdictions. The department does not believe the rules will increase the effect on small businesses more than that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or email at
carol.dunn@wisconsin.gov.
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the ownership, design, construction and installation, inspection, repair and maintenance of private onsite wastewater treatment systems. The proposed rules implement the mandates imposed by
2009 Wisconsin Act 392. The Act affects governmental units (counties) and establishes deadlines for the completion of an inventory of private sewage systems within their jurisdictions. The department does not believe the rules will increase the effect on small businesses more than that imposed by the Act.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses.
No. Rules not submitted to Small Business Regulatory Review Board.
Environmental Impact
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:
Division of Department of Commerce
P.O. Box 2689
Madison, WI 53701
Telephone (608) 266-8741
or TTY (608) 264-8777
Written comments will be accepted until July 11, 2011.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
No local government costs.
Assumptions used in arriving at fiscal estimate
The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, installation or construction, inspection and maintenance of private onsite wastewater treatment systems. The proposed rules consist of updates of chapters Comm 81 to 84 relating to private sewage systems.
The proposed rules implement the mandates imposed by
2009 Wisconsin Act 392. The Act affects governmental units (counties) by setting deadlines for the completion of an inventory of private sewage systems within their jurisdictions. However, Act 392 does not impose any additional responsibilities that would have a fiscal effect.
Anticipated costs incurred by the private sector
The proposed rules will not have a significant effect on the private sector.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-02-11)
NOTICE IS HEREBY GIVEN that pursuant to sections 23.09 (2) (b), 29.011, 29.014, 29.063 (3), 29.335, 29.361, and 227.11, Stats, the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 10,
15,
19 and
45, Wis. Adm. Code, relating to game and hunting, game refuges and the use of department managed properties.
Hearing Information
Date and Time Location
June 28, 2011 Natural Resources State Office
Tuesday Building (GEF-2), Room 608 at 1 P.M. 101 South Webster Street
Madison, WI 53703
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 Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submittal of Written Comments and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
June 29, 2011. 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. Loomans.
Analysis Prepared by the Department of Natural Resources
Statutory authority and explanation of agency authority
Statutes that authorize the promulgation of this rule order include ss.
23.09 (2) (b),
29.011,
29.014,
29.063 (3),
29.335,
29.361, and
227.11, Stats. These sections grant rule making authority to the department to manage department lands, establish open and closed seasons for hunting and to establish other regulations for hunting and trapping. All rules promulgated under this authority are subject to review under ch.
227, Stats.
Statute(s) interpreted and explanation
In promulgating this rule, ss.
23.09 (2) (b),
29.011,
29.014,
29.063 (3),
29.335,
29.361 and
227.11, Stats., have been interpreted as providing the department with the authority to make these housekeeping clarifications. Statutes establish trap tagging requirements, which were updated by
2009 Act 38, and provisions in administrative code are no longer needed.
Plain language analysis
The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Policy issues affected by this rule are ones which have already been addressed by previous rulemaking. The proposed rules will:
1. Clarify that the definitions of “animal part or animal byproduct" and “carcass" apply to bear baiting regulations as well as to deer baiting and feeding. These sections also clarify that eggs are not legal to use as bear bait and milk is, consistent with current interpretation. Lastly, this proposal clarifies that the term carcass includes domestic as well as wild animal carcasses.
2. Relax the deer registration requirement in the CWD management zone so that it is consistent with the registration requirements for archery hunters in the rest of the state.
3. Eliminate the April 10 elk permit application deadline in order to allow more time for people to submit applications. A new deadline will not be established by rule.
4. Allow the use of no. 8 gauge shotguns for waterfowl hunting as long as the gun is modified so that the chamber cannot hold cartridges larger than no. 10 gauge and no larger cartridges are possessed.
5. Repeal trap tagging information that is unnecessary because there is a specific statutory requirement and because 2009 ACT 38 allowed use of a department issued customer identification number instead of name and address information.
6. Correct the location information of Vernon Marsh Wildlife Management area in Waukesha County to include acreage in an additional township.
7. Clarify that the prohibition on the placement of personal property on department lands also applies to items left out to mark or “reserve" trap locations if the season is not open.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Comparison with similar rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Federal regulatory analysis
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in
50 CFR part 10.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
