Wisconsin act 347 greg kester p e wdnr 608 267 7611 greg kester@dnr state wi us
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Wisconsin Act 347 Greg Kester, P.E., WDNR 608-267-7611 [email protected] AB 449 Legislative Council Committee Formed 2004. Examine POTW capacity and future needs for septage disposition Review current Statutes adequacy

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Ab 449 legislative council committee formed 2004
AB 449 Legislative Council Committee Formed 2004

  • Examine POTW capacity and future needs for septage disposition

  • Review current Statutes adequacy

  • Develop legislation to better address septage management and related issues


Septage receiving
Septage receiving

  • Advantages

    • Revenue source

    • Good public relations

    • Environmental protection


Ab 449
AB 449

  • Legislation Introduced June 1, 2005

  • Governor signed April 14, 2006

  • Wisconsin Act 347 effective April 29, 2006


Statutory provisions of act 347
Statutory Provisions of Act 347

  • Requires septage needs be considered in Fac Plan when capacity increase > 20%

  • Provides zero percent loan for septage capacity

  • Protocol for setting costs & 60 day notification of changes

  • Establishes PSC as mediator for rate disputes


Statutory provisions of act 3471
Statutory Provisions of Act 347

  • Provides for DOJ referral in addition to DA’s

  • Explicitly disallows restrictive ordinances

  • All Counties must administer maintenance program (5 don’t currently)

  • Limits farmer exemption to septic tanks


Farmer exemption issues
Farmer Exemption Issues

  • Many reports of abuse

  • No connection between farmer and DNR

  • Problem stemmed from rural dwellers claiming to be farmers

  • True farmers suffering consequences


Farmer exemption flexibility
Farmer Exemption Flexibility

  • Developed Farmer Non-Commercial Septage Operator Certificate

  • Waive exam, fee, and OIC requirements

  • Not require license or fee

  • Not require annual reports to DNR


Farmer non commercial cert
Farmer Non-Commercial Cert

  • Verify they are farmer with 40 tillable acres

  • Verify would qualify for exemption

  • Verify adequate acceptable land

  • Means to pump and apply the waste


Farmer non commercial cert1
Farmer Non-Commercial Cert

  • Means to inject, incorporate or add lime

  • Keep track of when, where, how

  • Communicate with County

  • Ensure County receives pumping report


Budget initiative 07 09
Budget Initiative 07-09

  • Amendment not to adjust fees by rule

  • Recognize need to increase septage staff

  • Budget initiative would propose funding mechanism

  • Budget initiative would provide sufficient staff


Budget initiative 07 091
Budget Initiative 07-09

  • Plan A and B rejected

  • Plan A – Modify septage business fees

    • Only 500 businesses so not enough revenue

  • Plan B – Have County send bill with pumping notice

    • Proposed $30/3 years

    • County keep $27; transfer $3 to DNR


Budget initiative 07 09 plan c
Budget Initiative 07-09 Plan C

  • Assume 20,000 sanitary permits per year

  • Increase permit fee by $20

  • Increase business license fees by 100%

  • Create designated appropriation to allow funds to be used only to implement septage program

  • Would fund 7 additional FTE’s


$25 Sanitary Permit Fee

Water 21.17 FTE

DNR

Air,/Waste/R&R 35.25 FTE

$9 Motor Vehicle Impact Fee

Commerce

Law Enforcement 8.08 FTE

Environmental Mgmt. Acct. of Environmental Fund

Waste Generator Fee

Health & Family Services

CAER

4.81 FTE

Pesticide Sales Fee

Military Affairs

Other (e.g. PECFA fees, metallic mining fees, etc.)

Univ. of Wisconsin System

MONEY FLOW OF ENVIRONMENTAL MANAGEMENT ACCOUNT


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