Wisconsin Act 347 Greg Kester, P.E., WDNR

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 Advantages –Revenue source –Good public relations –Environmental protection

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

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 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 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 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 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 Cert Means to inject, incorporate or add lime Keep track of when, where, how Communicate with County Ensure County receives pumping report

Budget Initiative 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 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 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

MONEY FLOW OF ENVIRONMENTAL MANAGEMENT ACCOUNT $25 Sanitary Permit Fee $9 Motor Vehicle Impact Fee Waste Generator Fee Pesticide Sales Fee Other (e.g. PECFA fees, metallic mining fees, etc.) Environmental Mgmt. Acct. of Environmental Fund DNR Commerce Health & Family Services Military Affairs Univ. of Wisconsin System Water FTE Law Enforceme nt 8.08 FTE Air,/Waste/R&R FTE CAER 4.81 FTE