NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 5:00 p.m. to 6:00 p.m. prior to the hearings in Waukesha, Eau Claire and Minocqua and from 11:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday September 7, 2004 at 6:00 p.m.

Room 151, State Office Building

141 NW Barstow Street, Waukesha

Wednesday, September 8, 2004 at 6:00 p.m.

Conference Room, DNR West Central Region Hdqrs.

1300 W. Clairemont

Eau Claire

Thursday, September 9, 2004 at 6:00 p.m.

Minocqua Community Building

415 Menominee

Minocqua

Friday, September 10, 2004 at 12:00 noon

Room 349, GEF #3

125 S. Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that 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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.

Most of the permitting activities covered by this administrative rule remain unchanged in terms of the workload required by Department staff and revenues generated by required permits. The exception is for the permanent boat shelter permits, which were issued on an individual permit basis prior to Act 118, and will be issued as general permits under this proposed administrative rule. The net fiscal impact is estimated to be a workload decrease of about 95 hours/year, which equates to about $2,000 in salary and fringe benefits, and a revenue decrease of about $4,800/year.

Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.

The proposed rule 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 Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. 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 Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05, 289.06 and 289.07, Stats., interpreting ss. 289.24, 289.30 and 289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 500, 504, 506, 507, 512, 514, 516 and 520, Wis. Adm. Code, relating to landfilling of solid waste. The proposed rule allows for the potential for longer leachate lines in municipal solid waste landfills, improved landfill design and construction standards, requires a stabilization plan, and allows the Department to approve practices that should lead to quicker biodegradation (stability) of the waste in municipal solid waste landfills.

The proposed rule revisions would allow the maximum length of leachate collection piping to increase from 1,200 feet to 2,000 feet. The proposed revision reflects changes in the current design and construction standards of municipal solid waste landfills. The maximum width of municipal solid waste landfills would increase by approximately two-thirds and the height by about 100 feet. The volume of waste that could be placed in a single municipal solid waste landfill would approximately double.

The proposed rule would also allow the Department to approve adding liquids to degrade the waste faster thereby reducing the potential long-term threat of landfills. The Department is specifically asking for comments on the provisions to add additional liquids to foster quicker biodegradation and changes in final cover and run-on of water from precipitation.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:

SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, August 17, 2004 at 10:30 a.m.

Gathering Waters Room

DNR South Central Region Hdqrs.,

3911 Fish Hatchery Road

Fitchburg

Wednesday, August 18, 2004 at 1:30 p.m.

Schmeekle Room

UW-Stevens Point

2419 N. Point Drive

Stevens Point

NOTICE IS HEREBY FURTHER GIVEN that 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 Dennis Mack at (608) 267-9386 with specific information on your request at least 10 days before the date of the scheduled hearing.

The overall costs to counties and private companies that own, operate and develop landfills will be reduced. Allowing longer leachate lines (up to 2000 feet) will result in the following:

- Lower development cost per cubic yard of landfill volume and potentially lower disposal costs to landfill users,

- Reduced need to buy addition land to develop a new landfills (better existing landuse),

- Allow for better infra-structure use (associated roads, gas recovery, structures, etc.),

- Reduced impacts to sewerage system because leachate can be recirculated to help stabilize the landfill rather than being shipped to a publicly owned wastewater treatment facility for treatment, and

- Potentially negative impacts on recycling interests.

Fiscal impacts to the Waste Management Program (DNR) during this biennium (FY 05) will consist of the following:

- Develop guidance on the code revisions for staff, consultants and landfill staff (400 hours),

- No net increased of staff review and approval costs (complexity that is offset by program streamlining efforts of the new of modified landfills.

The estimated costs are $18,000 in FY 05 and are a one time costs.

The following assumptions were made in this determination:

- Hourly staff cost is $40 per hour (salary plus fringes),

- Developing guidance for staff, designers and owner/operators to use in their review and designs, will significantly reduce the staff and information resources needed to implement the rules in landfill designs.

- While the rule revisions will result in some extra resources being expended, the streamlining rule revisions will reduce the staff and information resources and result in a net resources increase/decrease of zero.

The proposed rule 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 Dennis Mack, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. 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. Mack.

Notice is hereby given that, pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 71.01 (8r), 71.42 (3m), 71.63 (1m) and (5m), 71.65 (3) (a), 73.029, 77.58 (1m), 77.61 (14), 77.96 (5m), 78.12 (5), 78.55 (5m), 139.01 (5m), 139.30 (8m) and 139.75 (5m), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on August 1, 2004, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:

Statutes interpreted: ss. 71.01 (8r), 71.42 (3m), 71.63 (1m) and (5m), 71.65 (3) (a), 73.029, 77.58 (1m), 77.61 (14), 77.96 (5m), 78.12 (5), 78.55 (5m), 139.01 (5m), 139.30 (8m) and 139.75 (5m), Stats.

Statutory authority: s. 227.11 (2) (a), Stats.

Explanation of agency authority: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Related statute or rule: There is no related statute or rule that specifically addresses a requirement to make payments of certain installment agreements on overdue tax accounts using electronic funds transfer.

Plain language analysis: The Wisconsin statutes provide that the department may require electronic funds transfer only by promulgating rules. This rule is being promulgated so that the department may require electronic funds transfer for payments on overdue tax accounts meeting at least one of the following requirements:

•The initial overdue balance is at least $2,000.

•The installment agreement is for more than 2 years in length.

•The installment agreement was requested by an entity with an active business permit.

•The installment agreement is for a person with an out-of-state account.

• The payment history of the account dictates that it would be in the department's best interest to require electronic funds transfer.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.

Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.

Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.

SECTION 1. Tax 1.12 (4) (a) (intro.) is revised, to reflect the creation of a new subdivision.