Statement of Scope
Department of
Safety and Professional Services
Rule No. :
|
Chapter
SPS
3
6
0
, 302, 303
, 320 to 325
|
Relating to
:
|
Erosion control
|
1.
Detailed d
escription of the objective of the
proposed
rule:
The objective of this rulemaking project is to update
ch
.
SPS 3
60
,
E
rosion control, sediment control and storm water
.
This rulemaking update is
intended to
make
th
is
administrative rule chapter
consistent
with legislation enacted since the previous update of this chapter. The rule will
remove ambiguities and outdated provisions in
ch.
SPS 360
relating to storm water management
and to erosion control at construction sites over one acre in size
.
In addition, the project
is expected to
evaluate other administrative codes of the
Department
that may be affected by th
is
update of
ch.
SPS 3
60
,
including
chs
.
SPS
302
and
303
,
relating to
fees and
administrative procedures
. This evaluation may result in changes and
updates
of
the
rules
in
these chapters.
2. Description of
the
existing policies relevant to the rule
,
new policies proposed to be included in the rule
,
and an
analysis of policy alternatives:
Chapter
SPS
360
establishes uniform standards and criteria for the design, installation, and maintenance of erosion control, sediment control, and storm water management.
The statutory authority of the Department to establish standards related to erosion control for public buildings and places of employment was limited to construction sites less than one acre by
2013 Act 20
. The authority to establish standards for erosion control at construction sites over one acre a
s well as
standards for storm water management
we
re granted to the Department of Natural Resources
(DNR)
by Act 20.
This rule package proposes to
amend SPS 360 to bring the code in
line with change made under
2013 Act 20
. The rules will eliminate re
gulation of erosion control at
construction sites over one acre and will eliminate references to storm water management.
This will eliminate conflicts between current rules of this Department and rules
promulgated
by the DNR.
The primary alternative
to these rule revisions
would be to
not perform this
rule
update
process. This would
maintain the existing conflicts between the
administrative rules of the Department and the DNR
.
3.
Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section
101.02 (1)
,
Stats
.
reads
,
“
The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings
.
”
Section
101.1206 (1)
, Stats. reads, “The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.”
Section
101.1206 (7)
, Stats. reads, “The department shall promulgate rules for the administration of this section.”
4. Estimate of amount of time that state employees will spend develop
ing
the rule and of other resource
s necessary to develop the rule:
The Department estimates approximately
4
00 hours will be needed to perform the review and develop any needed rule changes. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
5.
List with description of all entities that may be affected by the proposed rule:
The proposed rules
will not
affect any business
or other entity
involved with
building construction
.
6
. Summa
ry and preliminary comparison with
any existing or proposed federal regulation that is intended to address the activities to be regulated by t
he rule:
Federal regulations
require erosion and sediment controls on construction sites over one acre. No existing or proposed federal regulations address construction sites under one acre.
Code of Federal Regulations
– An Internet-based search for “
building site erosion control
”
in the
Code of Federal Regulations
(CFR) did not identify any federal regulations pertaining to th
is
topic.
Federal Register
–
An Internet-based search for
“
building site erosion control
” in the
Federal Register
did not identify any proposed federal regulations pertaining to th
is
topic.
7
. Anticipated economic impact of implementing the rule
(
n
ote if the rule is likely to have a significant economic impact on small businesses):
The anticipated economic impact of implementing this rule is m
inimal
. The rule is
not
likely to have a significant impact on a substantial number of small businesses.
