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Wisconsin Act 347 Greg Kester, P.E., WDNR 608-267-7611 Greg.Kester@dnr.state.wi.us

Wisconsin Act 347 Greg Kester, P.E., WDNR 608-267-7611 Greg.Kester@dnr.state.wi.us. AB 449 Legislative Council Committee Formed 2004. Examine POTW capacity and future needs for septage disposition Review current Statutes adequacy

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Wisconsin Act 347 Greg Kester, P.E., WDNR 608-267-7611 Greg.Kester@dnr.state.wi.us

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  1. Wisconsin Act 347Greg Kester, P.E., WDNR608-267-7611Greg.Kester@dnr.state.wi.us

  2. 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

  3. Septage receiving • Advantages • Revenue source • Good public relations • Environmental protection

  4. AB 449 • Legislation Introduced June 1, 2005 • Governor signed April 14, 2006 • Wisconsin Act 347 effective April 29, 2006

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. $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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