Scope statements
Agriculture, Trade and Consumer Protection
Subject
Chemical and Container Collection Program.
Policy analysis
Objective of the rule. Update and clarify current rules to consolidate Wisconsin's urban and rural “Clean Sweep" programs. DATCP currently operates the rural "Clean Sweep" program. The biennial budget act (
2003 Wis. Act 33) transferred the state's urban “Clean Sweep" program from the Department of Natural Resources to DATCP.
Preliminary policy analysis
Since 1990, DATCP has operated the rural “Clean Sweep" program, which has collected over 2 million pounds of waste pesticides and other farm chemicals. Under this program, DATCP can distribute a total of up to $560,000 each year for rural “Clean Sweep" grants to counties. Most of the collections have been single-day events. In recent years, several counties have chosen to work together to set up regional multi-day events. Since 1998, DATCP has provided grants to counties and regional planning commission to operate year-long collections at permanent hazardous waste collection sites. Counties can accept waste agrichemicals from farmers. They can also accept waste agrichemicals from commercial firms, such as agrichemical dealers and golf courses, that share in the disposal costs.
The biennial budget act (
2003 Wis. Act 33) transferred the state's urban “Clean Sweep" program from the Department of Natural Resources to DATCP. Under the urban “Clean Sweep" program, DATCP can distribute a total of up to $150,000 each year to counties and municipalities for collection of household hazardous wastes. DATCP plans to consolidate this urban “Clean Sweep" program with its rural “Clean Sweep" program.
DATCP has adopted rules under ch.
ATCP 34, Wis. Adm. Code, to operate its rural “Clean Sweep" program. DATCP proposes to revise its current rules to:
•Address urban “Clean Sweep" programs.
•Clarify grant application procedures, grant approval procedures, contract arrangements, reporting requirements, reimbursement procedures, selection of hazardous waste handlers, and other operating procedures for the rural and urban “Clean Sweep" programs.
•Make other changes, as necessary, to consolidate and implement the “Clean Sweep" programs.
Policy alternatives
No change. If DATCP takes no action, current rules will remain in effect. There will be no rules for the urban "Clean Sweep" program, and rules for the rural "Clean Sweep" program will be outdated. This will cause confusion, and inhibit effective administration of the “Clean Sweep" programs.
Statutory authority
DATCP proposes to revise chapter ATCP 34, Wis. Adm. Code, under authority of ss.
93.07 and
93.55, Stats.
Staff time required
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Agricultural Chemical Cleanup Program; Fees and Reimbursements.
Policy analysis
Objective of the rule. Adjust fees and reimbursement rates under the Agricultural Chemical Cleanup Program. The rules will incorporate statutory changes made by
2003 Wis. Act 33 (biennial budget act).
Preliminary policy analysis
The Agricultural Chemical Cleanup Program (ACCP) reimburses persons for costs that they incur to clean up certain fertilizer and pesticide spills. The program reimburses a specified share of eligible costs. The Legislature, in
2001 Act 16 and
2003 Wisconsin Act 33, changed applicable cost eligibility and reimbursement rate provisions. This rule will incorporate those statutory changes.
DATCP makes reimbursement payments from the Agricultural Chemical Cleanup Fund. The fund is financed by fertilizer and pesticide license and tonnage fee surcharges. DATCP establishes surcharge amounts by rule, subject to statutory limits. DATCP projects that the fund will be in deficit by July 1, 2004.
2003 Wisconsin Act 33 allows DATCP to increase fertilizer surcharges. This rule may increase current fertilizer surcharges (subject to the new statutory limit), to help forestall the projected fund deficit.
Policy alternatives
•No change. If DATCP does not update its rules, the rules will not conform to current statutes. If DATCP does not increase fertilizer surcharges, the Agricultural Chemical Cleanup fund will likely be in deficit by July 1, 2004. That will prevent or delay reimbursement of agricultural chemical cleanup costs, and inhibit timely cleanup of fertilizer and pesticide spills.
Statutory authority
DATCP proposes to revise chapters ATCP 35 and 40, Wis. Adm. Code, under authority of ss.
93.07 and
94.73, Stats.
Staff time required
DATCP estimates that it will use approximately 0.1 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. Some of these actions may be completed in concert with other rulemaking actions already underway in these programs. DATCP will use existing staff to develop this rule.
Insurance
Subject
Objective of the rule. The purpose of these changes is to ensure that requirements and remedies specified in this rule are as broad as the enabling statutes allow. The current rule does not list all permissible sanctions that the statutes allow for discovery misconduct and other situations. Also, there may be other changes such as specifically allowing summary judgement and other kinds of motions.
Policy analysis
Chapter
Ins 5 attempted to set forth procedures for administrative hearings held by OCI. Specific standards and time periods were stated. Some sanctions specifically allowed by the enabling statutes were not specifically described in the rule thus leading to questions of whether these sanctions could be utilized. This rule will clearly allow OCI to use all remedies and motions available when there is misconduct by one side or the other.
Statutory authority
Staff time required
100 hours.
Kickapoo Reserve Management Board
Subject
Ch.
KB 1 - relating to Kickapoo Valley Reserve management.
Policy analysis
Objectives of the rule. The objective of the rule is to amend Ch.
KB 1 to give the Board specific authority to post areas of the Reserve off limits for hunting for safety particularly in proximity to the visitor center and maintenance buildings.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of policy alternatives.
Current rules governing the use and management of the Reserve give the Board general authority to close areas and structures on Reserve land by posted notice. (See s.
KB 1.03 (1) (b).) Current authority therefore appears to exist to post areas of and buildings on the reserve closed to hunting.
The proposal to give the Board specific authority to post areas of the Reserve off limits for hunting is made to remove any doubt concerning adequate notice and ability to enforce violations of Board posting of off limits for hunting.
The policy alternative is to rely on existing authority.
Statutory authority
Staff time required
The Board estimates that it will take approximately 10 hours of staff time to develop the rule.
Natural Resources
Subject
