By

Richard Lehmann
WAPA Legal Counsel
Boardman, Suhr, Curry & Field , LLP

The hearings are set for July 13 in Madison (WHEDA building in downtown Madison starting at 9:00 a.m.), July 15 in Rice Lake (Indianhead Technical College, also starting at 9:00 a.m.), and July 17 in Green Bay (Comfort Suites, also starting at 9:00 a.m.)

The proposed rule changes will allow on-site waste disposal systems to be installed where "good soils" are at depths as little as six inches, potentially opening as much as 81.1% of the land area of Wisconsin to installation of on-site waste disposal systems. Currently approximately 57% of the state is eligible for conventional on-site waste disposal systems.

One of the significant issues in the Environmental Impact Statement is the land use implications of this rule change.

The draft EIS takes the position that the current rules do not dictate land use patterns in any general manner. Looking at generalized soils type mapping, significant blocks of land in Wisconsin appear to be off limits for conventional on-site systems. Some of those same areas have densities of on-site systems that are twice the statewide average. This has happened because there are pockets of good soils in areas where generalized soils mapping shows insufficient depth or quality. Additionally, there are regulatory loopholes.

Another significant issue addressed in the EIS is system failures and pollution potentials. The report takes the position that system failures are below 20% and that the average lifetime of a properly installed system is considerably more than 20 years. On the aggregate, the report says that there will be no more private systems installed under the new rules on a statewide basis than would be installed under the old rules.

The proposed rule will give local governments the ability to slap an 18-month moratorium (from the date of adoption of the state rules) on approval of new mound systems serving new construction, as well as a limited list of other technologies in order to allow local governments to get used to the new rules and to develop any land use regulatory responses.

The record of the public hearings will be held open until July 22, 1998. The principal party responsible for this effort within the Department of Commerce is Robert Langstroth, phone 608-264-8801.

Following this article is the full text of Sections 5.6.3 and 5.6.4 of the draft EIS document describing the department's views on land use impacts.

For more information, contact:

Richard A. Lehmann
WAPA Legislative Counsel
Boardman, Suhr, Curry & Field LLP
One South Pinckney Street, Suite 410
P.O. Box 927
Madison, WI 53701-0927

Telephone: 608-283-1719
Fax: 608-283-1709
E-mail: rlehmann@bscf.com