There is an increasing number storm water and sediment control structures coming on-line as a result of more comprehensive storm water control requirements imposed by the USEPA's revisions to the storm water discharge permit program of the Clean Water Act. The department, in accord with its responsibilities as a delegated program, then promulgated revisions to ch. NR 216, effective August 1, 2004. To address the increase in both the number of structures and the volume of accumulated sediment, the department has developed a streamlined approach to sediment management featuring self-regulation. The department has identified stakeholders who will be affected by the proposed rule and formed a Technical Advisory Committee (TAC) comprised of representatives of these organizations and interests. The department has met with this TAC five times in 2007 and 2008 to obtain their input and advice in writing rule language for this streamlined approach to sediment management.

The proposed rule for sediment management, ch. NR 528, is expected to reduce costs to small businesses. Currently, compliance with the department's existing rules, ch. NR 216, Wis. Adm. Code, is resulting in an increase in the number of storm water practices for small business. Routine maintenance of these sediment control structures generates accumulated sediment. Under existing solid waste rules, the NR 500 series, a person responsible for cleaning out a sedimentation pond may either transport the sediment to a licensed landfill or apply to the solid waste program for an exemption. By eliminating the need to apply for an exemption and removing the need for the department to approve the end use chosen by small business, the costs to small business will be reduced.

The proposed rule is also expected to reduce costs to small business by simplifying and clarifying the process and thereby providing known expectations for small business. Further, because the department's role is greatly reduced, costs owing to any delays that result from the current departmental review process for sediment management proposals is eliminated. Because of the proposed self regulation process, project timing would be completely under the control of the small business.

Likewise, because submittal of reports to the department is eliminated, costs normally associated with submitting these reports are eliminated. Instead, the self-certification process provides a logical flow through the sediment evaluation and management process and all data and records are maintained by the small business. Further, costs associated with sediment sampling and lab analysis are reduced under the proposed rule because the number of parameters is greatly reduced in most cases. Even when more analysis is warranted because indications of contamination are detected, it is likely that the simplified requirements in the proposed rule will still reduce sediment evaluation costs. Current department rules do not specify how the sediment must be characterized so staff can be inconsistent in what they require and in an effort to be prudent, often choose an extensive list of compounds for which to analyze. The proposed rule includes a specific list that is considerably shorter and thus reduces sampling costs.

The rule revisions will have a neutral to net positive effect on small businesses since they would otherwise have to comply with existing requirements. Under existing rules a sediment manager, when cleaning out a storm water management structure, must either take the sediment to a licensed landfill or apply with the Waste and Materials Management program for an exemption. This proposed rule would eliminate the requirement to apply for an exemption when the sediment manager determines that the sediment is clean enough to take to an end use site. Further, the proposed rule provides other end use options that will usually be less expensive than costs associated with the transportation distance to the licensed landfill and the tipping fees at the landfill.

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. As the DNR's position of Small Business Regulatory Coordinator is currently vacant, if you have questions regarding the impact to small businesses you may contact Jack Connelly by E-mail at Johnston.Connelly@ Wisconsin.gov or by phone at (608) 267-7574.

The DNR has made a determination that the proposed rules have no fiscal effect on state government and the fiscal effect on local government and the private sector is indeterminate.

The storm water permit program requires new development, and in some cases existing development, to treat the runoff from impervious surface with water quality practices that remove total suspended solids. This has resulted in an increase in the number of such practices in the last five years and this trend is expected to accelerate in the future. Maintenance of these practices requires removal of the accumulated sediment every 10-20 years, depending on the storage capacity of the storm water management structures (ponds). The person responsible for removing the sediment, the sediment manager, may be a local unit of government including towns, villages, cities and counties and even school districts as well as private entities such as business owners and homeowner associations.

Under the current solid waste rules, this sediment can he taken to a licensed landfill, or the sediment manager can request an exemption from the department to place the material in a location other than a landfill. This exemption request requires the sediment manager to conduct sediment sampling and lab analysis at the discretion of the department reviewer. The relative newness of these ponds means that department staff has limited information on the environmental risk of this material and so the list of parameters to sample can be lengthy. There is also a fee associated with the request for exemption.

The proposed rule will identify minimum parameters to test for and some key threshold levels to assist the sediment manager in deciding the appropriate end use. The proposed rule also identifies when sampling for additional parameters may be necessary due to the nature of the material. Even when more analysis is warranted because indications of contamination are detected, it is likely that the simplified requirements in the proposed rule will reduce sediment evaluation costs. The sediment manager can use the rule and guidance to select an end use and then follow through with that decision without requesting approval from the department. The proposed rule is based on a self-certification process. This saves both time and money.

Implementation of the proposed rule would not increase or decrease the revenue to the department. Currently staff process exemption requests and associated review fees when they are submitted by a sediment manager. However, there have been relatively few requests to date. Therefore, there is not a significant revenue stream from this source. As the number of sediment ponds needing to be cleaned out increases with time, the revenue coming into the department would increase and more staff would be needed for the case-by-case reviews. The department does not have sufficient staff to review these submittals so instead prefers to implement the proposed self-certification approach which requires little direct staff involvement. This approach means the future revenue stream will be less than if the existing program were still being used, but the demand on staff time would be significantly less.

The cost to sample and analyze for specific parameters is expected inmost cases to be less than what is currently required with an exemption request. While it is anticipated that the overall cost to the sediment manager will be neutral or even less than under the current system, this difference cannot be quantified. Therefore the fiscal effect of the proposed rule is indeterminate for both local units of government add the private sector.

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 GIVEN that pursuant to s. 341.35, Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter Trans 126, Wis. Adm. Code, relating to municipal or county vehicle registration fee.

The hearing will be held:

Date	Location
January 28, 2009 at 1:30 PM	Room 144-B Hill Farms State Transportation Bldg. 4802 Sheboygan Avenue Madison, Wisconsin

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available.

A copy of the proposed rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail at carson.frazier@dot. state.wi.us.

Section 341.35, Stats.

Sections 227.11, 341.35 (4), (6), (6m), and (8), Stats.

The Wisconsin Department of Transportation is authorized to administer and collect a municipal or county vehicle registration fee when a municipality or county elects to impose such a fee by ordinance and notifies the Department of such an election, pursuant to s. 341.35, Stats. The Department's Division of Motor Vehicles collects a municipality or county vehicle registration fee at the same time it collects the state vehicle registration fee.

Section 349.03 (2), Stats., provides that [n]o local authority may enact or enforce any traffic regulation…requiring local registration of vehicles, except as authorized by s. 341.35, Stats.

Chapter Trans 126 governs the Department's administration of the municipality or county vehicle registration fee. This proposed amendment increases from 60 days to 90 days the notice that municipalities and counties must give the Department, prior to the first day of the month in which an ordinance to enact, amend, or repeal the municipal or county vehicle registration fee is effective. In recent years, statutory changes have required vehicle registration renewal notice mailings to be advanced. As a result, 60-day notice from the municipality or county is insufficient time for the Department to place updated information on renewal notices before mailing the notices to customers.

This proposed amendment also clarifies operational questions. The rule states how the Department determines where a vehicle is customarily kept, and how the Department determines which vehicles receive the municipal or county registration fee calculation upon initial implementation. The proposed amendment also updates the mailing address for the Division of Motor Vehicles, and clarifies references to the municipal or county vehicle registration fee and the administrative fee per vehicle application.

This proposed amendment also removes obsolete language.

No federal regulations relate to this rule.

Michigan does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.

Minnesota counties may assess a “wheelage tax," similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with state vehicle registration fee.

Illinois does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.

Iowa does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.

Section 341.08 (4m), Stats., requires that the Department mail vehicle registration renewal notices to customers at least 30 days before registration expiration. As provided by s. 341.28(7)(a), Stats., automobile registration expiration may be any day of the month. The Department mails registration renewal notices for all registrations expiring during a month at one time. The Department must make, and test, any changes to text or billing on the renewal notice prior to selecting registration records for printing and mailing. As a result, the 60-day notice from municipalities or counties is insufficient, and this amendment increases the time to 90 days.

The Department has received numerous questions from municipalities and counties considering enacting a municipal or county vehicle registration fee, regarding operational issues. This amendment clarifies these points, for the benefit of those governments considering enacting such an ordinance. In particular, the amendment clarifies how the Department determines which county or municipality the vehicle is kept in; how the Department determines which vehicles are subject to the municipal or county registration fee calculation upon initial implementation; updates the mailing address for the Division of Motor Vehicles; and clarifies references to the municipal or county vehicle registration fee and the administrative fee per vehicle application.

This proposed rule applies to municipalities and counties that enact, amend or repeal a municipal or county registration fee. Although a municipality or county action to enact, amend or repeal a municipal or county registration fee may affect small businesses, this rule has no effect on small businesses.

This proposed rule has no effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. Although a municipality or county action to enact, amend or repeal a municipal or county registration fee would affect the revenues of the municipality or county, this rule has no fiscal effect.

The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail: carson.frazier@dot.state. wi.us, to obtain copies of the proposed rule.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.