NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05, 289.06, 289.07 and 227.11 (2) (a), 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 504, 506, 512, 514, 516 and 520, Wis. Adm. Code, relating to landfilling of solid waste. The requirement for landfill operators to submit landfill organic stability plans was approved in Natural Resources Board Order No. WA-47-04 (Clearinghouse Rule No. 04-077). When the Natural Resources Board adopted the rule on March 23, 2005, the Board directed DNR staff to draft more detailed rules for the landfill organic stability plans. Landfill organic stability plans will reduce the environmental and public health risks posed by the long-term persistence of undecomposed organic materials in landfills. These rule revisions contain requirements for the minimum contents of the plans; a set of goals for the landfill operator to use to model the chosen strategy for achieving organic stability; monitoring, evaluation and reporting requirements; and definitions specifying to which landfills these rules apply. The proposed rules attempt to establish achievable goals and an even playing field for landfill operators while remaining non-prescriptive about the methods the operators use to achieve the goals.
The proposed rule also corrects non-substantive rule drafting and style errors inadvertently left in the previous rule package. It also makes one substantive but minor change in the testing requirements for the newly installed landfill liners.
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 SmallBusiness@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, April 11, 2006 at 1:00 p.m.
Room 150 &185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire
Wednesday, April 12, 2006 at 10:00 a.m.
Room 162 West Wing, State Office Building, 141 NW Barstow, Waukesha
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Janet DiMaggio at (608) 264-6001 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Gene Mitchell, Waste and Material Supervisor, 3911 Fish Hatchery Road, Fitchburg, WI 53711. Comments may be submitted until April 21, 2006. 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. Janet DiMaggio, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss. 289.61 and 227.11 (2) (a), Stats., interpreting s. 289.61, Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 520.04 (1) (d) 5., Wis. Adm. Code, relating to balances in the Waste Management Program Revenue Account. The intent of the proposed rule is to make the rule more manageable from a budgeting perspective. The current rule requires the Department of modify the landfill license surcharge fee if the account balance is greater than 8% of the expenditure level for the previous fiscal year. The proposed rule will revise the language to require the Department to modify the surcharge fee to more closely align revenues with expenditures if the account balance exceeds 20% of the expenditure level of the program revenue account for 3 consecutive fiscal years.
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 SmallBusiness@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, April 18, 2006 at 10:00 a.m.
Room 511, GEF #2
101 South Webster Street, Madison
Wednesday, April 19, 2006 at 10:00 a.m.
Conference Room #1, Portage Co. Courthouse Annex
1462 Strongs Ave., Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information 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 proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dennis Mack, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 22, 2006. 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 of Hearing
Veterans Affairs
The Wisconsin Department of Veterans Affairs announces that a public hearing will be held on the 21st day of April, 2006, at 9:45 a.m., at the Stone Harbor Resort and Conference Center, 107 North First Avenue, Sturgeon Bay, Wisconsin on amendments to chapter VA 16, Wis. Adm. Code, relating to the county transportation services grant program.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority: ss. 45.03 (2) and 45.83 (2), Stats.
Statute interpreted: s. 45.83, Stats.
Explanation of agency authority: The legislature has authorized the department to award grants to counties not served by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand veterans transportation services. The statute explicitly directs the department to promulgate administrative rules specifying the application procedure and eligibility criteria.
Related statute or rule: None.
Plain language analysis: The proposed order would require counties that have an ongoing transportation program and who do not intend to expand the program by more than 50% to provide data for a prior 12-month period. Under the current rule, counties are required to estimate mileage during the grant year. The amendments will provide more certainty to the grant calculation process.
Summary of, and comparison with, existing or proposed federal regulations: There is no current or pending federal regulation that addresses this initiative.
Comparison with rules in adjacent states: There are no similar rules in adjacent states.
Summary of factual data and analytical methodologies: The department reviewed data from counties receiving the grant over the last several years. Based upon that review, and at the request of the county veterans service officers association, the department determined that using actual data to calculate the grant was appropriate, inasmuch as the existing transportation programs have maintained their relative share of the funding. However, recognizing that some programs may be initiated or significantly expanded, use of prospective data was retained in the rule.
Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact statement: The department has prepared a fiscal estimate in which it was concluded that the rule changes would have no fiscal impact. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal impact upon the private sector.
Effect on small business: None.
Agency Contact
John Rosinski, Chief Legal Counsel, at (608) 266-7916 or john.rosinski@dva.state.wi.us.
Place where comments are to be submitted and deadline for submission: To the agency contact person at Wisconsin Department of Veterans Affairs, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 within 7 days after the public hearing scheduled for April 21, 2006.
Initial Regulatory Flexibility Analysis
The proposed rule has no effect upon small businesses.
Fiscal Estimate
The proposed rule has no fiscal impact. A copy of the full fiscal estimate may be obtained by contacting the agency contact person, John Rosinski, as indicated above.
TEXT OF RULE
SECTION 1. VA 16.01 (3) is amended to read:VA 16.01 (3) “Grant" means a transportation services grant authorized under s. 45.43 (7m) s.45.83, Stats.
SECTION 2. VA 16.02 (1) is amended to read:
VA 16.02 (1) APPLICATION. An applicant shall file an application with the department not later than March 1, 2003 for a grant for calendar year 2003 and by November 1, 2003 and each subsequent calendar year November 1st immediately preceding the calendar year for which a grant is sought. The Except as provided in sub. (4), the application shall provide sufficient information to establish that the applicant meets the eligibility criteria in sub. (2) and shall be submitted with the following items:
SECTION 3. VA 16.02 (1) (a) is amended to read:
VA 16.02 (1) (a) A financial statement, including a report of all expenses and revenue of the applicant relating to the provision of transportation services to veterans to medical appointments arranged or conducted by the U.S. Department of Veterans Affairs during the most recently completed calendar year 12-month period completed on June 30th of the year in which the application is submitted.
SECTION 4. VA 16.02 (1) (b) is amended to read:
VA 16.02 (1) (b) A statement which outlines the applicant's veterans' proposed transportation program for the calendar year for which the grant is sought 12-month period completed on June 30th of the year in which the application is submitted, including an itemization of the amount budgeted expended for the program, a description of the manner in which the applicant will coordinate coordinated and schedule scheduled trips, a description of the methods of transportation, and a statement of the program fees, if any, which will be were assessed to the veteran who receives the transportation services.
SECTION 5. VA 16.02 (1) (c) is amended to read:
VA 16.02 (1) (c) A report that identifies the number of veterans transported and the number of miles veterans were transported during the most recently completed calendar year 12-month period completed on June 30th of the year in which the application is submitted.
SECTION 6. VA 16.02 (3) is amended to read:
VA 16.02 (3) GRANT AMOUNT. The amount of a grant for each applicant shall be determined based upon the number of miles that eligible veterans were transported by the applicant during the 12-month period completed on June 30th of the year in which the application is submitted, or, if the applicant qualifies under sub. (4), the number of miles that eligible veterans are expected to be transported by the applicant during the subsequent calendar year, as determined by the department. Each eligible applicant shall be entitled to a grant based upon its pro rata share of miles among all eligible applicants, except that a grant may not exceed the unreimbursed expenditures of the applicant for transportation services for the grant year.
SECTION 7. VA 16.02 (4) is created to read:
VA 16.02 (4) NEW OR EXPANDED VETERANS' TRANSPORTATION PROGRAMS. If a county did not operate a veterans' transportation program during the entire 12-month period completed on June 30th of the year in which the application is submitted, or if a county proposes to expand an existing program by increasing the number of miles that veterans are transported by at least 50%, it may submit an application based on the number of estimated miles it expects to transport veterans during the subsequent calendar year. The applicant shall submit a statement which outlines the applicant's proposed transportation program for the calendar year for which the grant is sought, including an itemization of the amount budgeted for the program, a description of the manner in which the applicant will coordinate and schedule trips, a description of the methods of transportation, an estimate of the number of miles veterans will be transported during the grant year, and a statement of the program fees, if any, which will be assessed to the veteran who received the transportation services. The department may subsequently reduce future grants to recover any portion of the grant allocated to the amount that the estimated miles exceed actual miles provided by the county.
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