There are no 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 types of professional skills necessary for compliance with the rules.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 34. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 34. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 145.02 (3) and (4), 145.045, 145.13, 145.135, 145.19 and 145.20, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to private onsite wastewater treatment systems and sanitation.

The public hearing will be held as follows:

Wednesday, December 4, 2002 at 1:00 p.m.

Room 3B, Thompson Commerce Center

201 West Washington Avenue

Madison, WI

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until December 18, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Statutory authority: ss. 101.02 (1) and 145.02 (3) and (4), Stats.

Statutes interpreted: s. 145.02 (4), 145.045, 145.13, 145.135, 145.19, 145.20, Stats.

Under s. 145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of the Department to fulfill this responsibility has been the promulgation of rules under ch. Comm 83 establishing standards for the design, installation, inspection and maintenance of private onsite wastewater treatment systems, POWTS.

The current ch. Comm 83 was implemented on July 1, 2000. Since implementation, a number of issues have been brought to the attention of the department regarding inconsistencies in the current code language, requests for clarification of current code language, and requests for additional code language to address issues not covered.

The following summarizes by chapter the more significant revisions proposed in this rule package.

Chapter Comm 2 Fee Schedule; The revision clarifies how fees are calculated for larger systems and sets registration fees for privies that serve state-owned facilities.

Chapter Comm 81 Definitions and Standards; The revision adds two definitions to clarify ch. Comm 83 code language.

Chapter Comm 82 Design, Construction, Installation, Supervision and Inspection of Plumbing; The change revises the manhole opening for a grease interceptor to be consistent with POWTS treatment and holding tanks.

Chapter Comm 83 Private Onsite Wastewater Treatment Systems; The most significant revisions include:

-Clarification that the code is a uniform code statewide.

-Clarification that municipalities generally cannot enact plumbing ordinances that are more or less restrictive than this chapter.

-Allows governmental units to review POWTS designs that are intended to serve not more than two one- or 2-family dwellings and their accessory buildings.

-Modification of language that addresses large system plan review to clarify that DNR concurrence is required and how the designation of a large system is determined.

-Clarification that the department must respond with one or more actions delineated under Table 83.29.

-Addition of Public Water Main horizontal setbacks to Table 83.43-1.

-Clarification that existing, non-pressurized components can be rehabilitated using higher quality effluent without using pressure distribution piping.

-Table 83.44-2 is revised to provide more soil related information and adjustments to soil application rates for effluent.

-Table 83.44-3 is revised to reflect additional treatment information and requirements for coarse sandy soils.

-Horizontal and vertical distance information for the purpose of servicing of tanks has been added for inclusion in management plans.

-Clarification that inspection, maintenance and servicing events must be reported to governmental units.

-Modification of the time period for filing of reports from 10 business days to 30 calendar days.

-Clarification that the governmental units must maintain records related to inspection, maintenance and servicing events.

Chapter Comm 84 Plumbing Products; The revisions involve:

-Clarification relative to minimum size access openings and their locations.

-Clarification regarding labeling requirements for tanks.

Chapter Comm 85 Soil and Site Evaluations; The revisions involve:

-Clarification of how abrupt soil texture changes are to be evaluated and reported.

-Clarification on reporting seasonal soil saturation that occurs at shallow depths.

-Modification of report filing deadlines from 60 days to 180 days.

-Clarifications relative to the hydrograph procedure.

Chapter Comm 91 Sanitation; The revisions involve:

-Addition of language that addresses the registration of vault and pit privies that are designed to serve state-owned facilities.

The proposed rules have been developed with the assistance of the POWTS Advisory Code Council. The members of that citizen advisory council are as follows:

1. Types of small businesses that will be affected by the rules.

The rules will affect any business that owns, designs or installs a private onsite wastewater treatment system. The rules will also affect any business that performs soil and site evaluations related to the installation of a private onsite wastewater treatment system.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no new reporting, bookkeeping or other procedures required for compliance with the rules. However, the rules contain clarifications and modifications of current requirements relating to reporting and recordkeeping for private onsite wastewater treatment systems and soil and site evaluations.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the rules.

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:

Roman Kaminski

Division of Safety and Buildings

Department of Commerce

2715 Post Road

Stevens Point, Wisconsin 54481

Telephone (715) 345-5334

or TTY (608) 264-8777

Written comments will be accepted until December 18, 2002. The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html.

The Safety and Buildings Division is responsible for administering and enforcing rules relating to private onsite wastewater treatment systems and sanitation. Although the proposed rules contain a new fee for the registration of privies that serve state-owned facilities, the Division anticipates the revenue generated will be insignificant. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.