Initial Regulatory Flexibility Analysis
Implementation of 2015 Wis. Act 204 requirements for financial responsibility at contaminated sediment sites. No economic impacts on small businesses are anticipated for rules relating to Act 204 and contaminated sediments. Small businesses are rarely involved as responsible parties in sediment contamination sites. For all parties that are found to be responsible for contaminated sediment sites, including small businesses, the flexibility that the rules will provide to those seeking to meet the statutory requirements would counterbalance any economic impacts that may arise under various parts of the rule. With regard to the changes affecting rules relating to contaminated sediment sites within the VPLE program, the voluntary nature of the program fully mitigates any economic impacts on small businesses; parties can choose to participate depending upon whether they find the program to be advantageous.
Continuing obligations for interim actions and notifications, semi-annual reporting, and fees.
Other rule revisions are not anticipated to incur costs to small businesses, except in cases where the small business is a responsible party. While the department does not have a defined data set for small business, staff conservatively estimates that 30% or fewer responsible parties are small businesses. In this case, annual statewide costs to small business may be subject to the following costs:
Database requirements within ch. NR 708 for interim actions with continuing obligations, ranging from $51,975 to $189,000 per year in total.
The deadline within ch. NR 708 for interim action reporting, ranging from $12,994 to $47,250 per year in total.
Chapter NR 725 notification requirements ranging from $7,950 to $29,415 per year in total.
Section NR 700.11 semi-annual reporting requirements may have an impact of $186,900 per year in total.
Fee increases under ch. NR 749, including the following:o
Payment of processing charges for electronic submission, ranging from $994 to $1325.o
Increase of fees in Table 1 by 2% upon effectiveness, averaging $3,683.o
Increase of fees in Table 1 by 5% every third calendar year, beginning Jan. 1, 2025, averaging $4,418. o
New interim action report fees, averaging $33,705.o
Increase to existing construction documentation report fee, averaging $548.The total annual costs statewide range from $303,167 to $496,244. Please note that these estimates are conservative due to the lack of dependable data regarding the percentage of responsible parties that are small businesses.
Agency Small Business Regulatory Coordinator
Emma Esch (608) 266-1959
