SPS 387.02(2) (2) Applications received by the department prior to February 1, 2005 are governed by the rules as they existed on or before January 31, 2005.
SPS 387.02(3) (3) This chapter applies to existing failing POWTS installed prior to July 1, 1978.
SPS 387.02 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) and (2), cr. (3) Register January 2005 No. 589, eff. 2-1-05.
SPS 387.03 SPS 387.03Definitions. The following definitions apply to this chapter.
SPS 387.03(1) (1) “Department" means the department of safety and professional services.
SPS 387.03(2) (2) “Determination of failure" has the meaning given in s. 145.245 (1) (a), Stats.
SPS 387.03 Note Note: Section 145.245 (1) (a), Stats., reads:
SPS 387.03 Note “Determination of failure" means any of the following:
SPS 387.03 Note 1. A determination that a private sewage system is failing, according to the criteria under s. 145.245 (4), Stats., based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department.
SPS 387.03 Note2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f) or 281.19 (2), Stats.
SPS 387.03 Note3. A written enforcement order issued under s. 254.59 (1), Stats., by a governmental unit.
SPS 387.03(3) (3) “Failing private sewage system" has the meaning given in s. 145.245 (4), Stats.
SPS 387.03 Note Note: Section 145.245 (4), Stats., reads:
SPS 387.03 Note The department shall establish criteria for determining if a private sewage system is a failing private sewage system. A failing private sewage system is one which causes or results in any of the following conditions:
SPS 387.03 Note (a) The discharge of sewage into surface water or groundwater.
SPS 387.03 Note (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system.
SPS 387.03 Note (c) The discharge of sewage to a drain tile or into zones of bedrock.
SPS 387.03 Note (d) The discharge of sewage to the surface of the ground.
SPS 387.03 Note (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system.
SPS 387.03(4) (4) “Governmental unit" has the meaning as given in s. 145.01 (5), Stats.
SPS 387.03 Note Note: Section 145.01 (5), Stats., reads:
SPS 387.03 Note “Governmental unit responsible for regulation of private sewage systems" or “governmental unit", unless otherwise qualified, means the county, except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage system is located. “Governmental unit" also includes a federally recognized American Indian tribe or band.
SPS 387.03(5) (5) “Owner", for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS.
SPS 387.03(6) (6) “Participating governmental unit" means a governmental unit which applies to the department for financial assistance under this chapter, and which meets the conditions as specified in s. 145.245 (9), Stats.
SPS 387.03(7) (7) “Person" means any one of the following:
SPS 387.03(7)(a) (a) Any individual including the estate of an individual.
SPS 387.03(7)(b) (b) Two or more individuals having a joint or common interest in a principal residence, as defined in s. 145.245 (1) (c), Stats., which uses a POWTS.
SPS 387.03 Note Note: Section 145.245 (1) (c), Stats., reads:
SPS 387.03 Note “Principal residence" means a residence which is occupied at least 51% of the year by the owner.
SPS 387.03(7)(c) (c) A nonprofit corporation as defined in s. 181.0103 (17), Stats.
SPS 387.03(7m) (7m) “POWTS" has the same meaning as s. SPS 381.01 (182) and (194).
SPS 387.03 Note Note: Sections SPS 381.01 (182) and (194) read:
SPS 387.03 Note (182) “POWTS" means a private onsite wastewater treatment system.
SPS 387.03 Note (194) “Private onsite wastewater treatment system" has the meaning given for `private sewage system' under s. 145.01 (12), Stats.
SPS 387.03 Note Note: Section 145.01 (12), Stats., reads:
SPS 387.03 Note “Private sewage system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district.
SPS 387.03(8) (8) “Principal residence" means a residence which is occupied at least 51% of the year by the owner. Principal residence includes a residence owned by a trust or an estate of an individual, if the residence is occupied at least 51% of the year by a person who has an ownership interest as a beneficiary of the trust or estate.
SPS 387.03(9) (9) “Project period" means any of the following:
SPS 387.03(9)(a) (a) For applications submitted to the department for installations of replacement of private sewage systems, project period means the period of time beginning on February 1 and ending on December 31 of the following year.
SPS 387.03(9)(b) (b) For applications submitted to the department for annual costs of monitoring replacement experimental sewage systems, project period means the period beginning on February 1 and ending on December 31 of the 5th year after the date of installation.
SPS 387.03(9)(c) (c) For applications for loans as provided in s. 145.245 (12m), Stats., the project period means the period beginning on February 1 and ending on December 31 of the following year after the date of installation.
SPS 387.03 Note Note: Records of applications are retained for the current project period only. Any loan applications, therefore, should be made in the current project period.
SPS 387.03(10) (10) “Small commercial establishment" has the meaning given in s. 145.245 (1) (e), Stats. Small commercial establishment includes a farm, including a residence on a farm, if the residence is occupied by a person who is an operator of the farm and if the maximum daily wastewater flow rate of the farm and residence is less than 5,000 gallons per day as determined by the design criteria of the state plumbing code.
SPS 387.03 Note Note: Section 145.245 (1) (e), Stats., defines small commercial establishment as a commercial establishment or a business place with a maximum daily wastewater flow rate of less than 5,000 gallons per day.
SPS 387.03 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (5), (7) (b) and (9) (intro.), cr. (7m) and (9)(c) Register January 2005 No. 589, eff. 2-1-05; correction in (7m) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633; correction in (1), (7m) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
SPS 387.04 SPS 387.04Application by governmental units to participate. An application by a governmental unit to participate in this program shall include at least all of the following:
SPS 387.04(1) (1) Certified copies of the following approved resolutions of the governing body of the governmental unit as follows:
SPS 387.04(1)(a) (a) A resolution designating an authorized representative and authorizing such representative to apply for a grant under s. 145.245, Stats., and this chapter on behalf of the governmental unit. The authorized representative shall be an official or employee of the governmental unit.
SPS 387.04(1)(b) (b) A resolution certifying that grants will be used for rehabilitation or replacement of a POWTS for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements of s. 145.245 (5), Stats., that the funds will be used as provided under s. 145.245 (6), Stats., and that the maximum allowable amount of financial assistance will not exceed the amount permitted under s. 145.245 (7), Stats., and Tables 387.30-1 to 387.30-6.
SPS 387.04(1)(c) (c) A resolution certifying that grants will be used for replacement or rehabilitation of POWTS which will be properly installed and maintained.
SPS 387.04(1)(d) (d) A resolution certifying that financial assistance provided to the governmental unit will be disbursed to eligible owners, as specified in s. SPS 387.30 and s. 145.245, Stats.
SPS 387.04(2) (2) Documentation of a regulatory program to insure proper installation and maintenance of all new or replacement POWTS constructed in the area of jurisdiction of the governmental unit. An approvable regulatory program shall include the following:
SPS 387.04(2)(a) (a) Adoption of an ordinance that specifically requires compliance with the maintenance program set forth in par. (d). and that specifically grants enforcement authority to the governmental unit.
SPS 387.04(2)(b) (b) A system for providing written notice of the maintenance program requirements to each owner applying for a sanitary permit.
SPS 387.04(2)(c) (c) An inspection program, that includes at least one inspection during installation of a POWTS.
SPS 387.04(2)(d) (d) A maintenance program in effect.
SPS 387.04 Note Note: For additional maintenance program requirements, refer to ch. SPS 383.
SPS 387.04(2)(e) (e) A central record keeping system, capable of maintaining records for a period of not less than six years from the date of a POWTS installation and capable of providing evidence that the governmental unit is administering the program as specified in this chapter.
SPS 387.04(2)(f) (f) Where considered appropriate by the governmental unit, a system of user charges and cost recovery that assures that each recipient of service under this program will pay a proportionate share of the program costs. User charges and cost recovery may include the cost of the grant application fee and the cost of supervising and maintaining an installation and maintenance program.
SPS 387.04(3) (3) Other information as requested by the department.
SPS 387.04 History History: CR 04-068: cr. Register January 2005 No. 589, eff. 2-1-05; correction in (1) (b), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.05 SPS 387.05Grant application by participating governmental units.
SPS 387.05(1)(a) (a) The participating governmental unit shall review information received from owners and determine eligibility under s. 145.245, Stats., and this chapter, except for applications for monitoring as specified in s. SPS 387.31.
SPS 387.05(1)(b) (b) In order to receive an allocation of financial assistance, the participating governmental unit shall prepare and submit an application to the department. The application shall be on forms acceptable to the department.
SPS 387.05 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 387.05(2) (2) An application from a participating governmental unit for financial assistance to replace or rehabilitate a POWTS shall include all of the following:
SPS 387.05(2)(a) (a) A list of owners approved as eligible by the participating governmental unit. The list shall include, at a minimum, the name of each owner and the maximum allowable amount of financial assistance as determined under s. SPS 387.30 or 387.31.
SPS 387.05(2)(b) (b) Other information as requested by the department.
SPS 387.05(3) (3) Governmental units may request pre-application assistance including technical assistance from the department.
SPS 387.05(4) (4) Applications for grants from participating governmental units shall be postmarked no later than January 31 for consideration in the following project period. Participating governmental units may request in writing to the department prior to December 31, a six-month extension to the project period.
SPS 387.05 History History: CR 04-068: cr. Register January 2005 No. 589, eff. 2-1-05; correction in (1) (a), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.10 SPS 387.10Categories of POWTS. The department and the participating governmental unit shall use the following categories of failing POWTS to determine financial assistance eligibility under s. 145.245 (5), Stats., and s. SPS 387.20, to financial assistance under s. 145.245 (7), Stats., and ss. SPS 387.30 and 387.31:
SPS 387.10(1) (1)Eligible for financial assistance award. As specified in s. 145.245 (5), Stats., only category 1 or category 2 failing POWTS are eligible for assistance under this chapter.
SPS 387.10 Note Note: Section 145.245 (5), Stats., defines failure for two categories which are eligible for grant awards — Category 1, failing private sewage system as defined in s. 145.245 (4) (a) to (c), Stats.; Category 2, failing private sewage system as defined in s. 145.245 (4) (d), Stats.
SPS 387.10(2) (2) Ineligible for financial assistance award. As specified in s. 145.245 (5), Stats., those systems that fail as a result of back up of sewage into the structure served, are not eligible for assistance under this chapter.
SPS 387.10 Note Note: Section 145.245 (5), Stats., defines Category 3, failing private sewage system as defined in s. 145.245 (4) (e), Stats., as ineligible for a grant award.
SPS 387.10 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (intro.), (1) and (2) Register January 2005 No. 589, eff. 2-1-05; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.20 SPS 387.20Eligibility of owners.
SPS 387.20(1) (1)General. A person who owns a principal residence served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 or a business which owns a small commercial establishment served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 is eligible for financial assistance under this chapter if the person or business:
SPS 387.20(1)(a) (a) Meets the eligibility requirements set forth in s. 145.245, Stats., and this chapter.
SPS 387.20 Note Note: Section 145.245 (5) (c) 1., Stats., specifies that to be eligible for grant awards under this section, the annual family income of the person who owns the principal residence may not exceed $45,000. Section 145.245 (5) (d) 1., Stats., specifies that to be eligible for grant awards under this section, the annual gross revenue of the business that owns the small commercial establishment may not exceed $362,500.
SPS 387.20(1)(b) (b) Submits an application to the participating governmental unit in which the failing POWTS is located.
SPS 387.20(1)(c) (c) Has completed all rehabilitation or replacement work in accordance with the enforcement order and the state plumbing code, chs. SPS 382 to 384. Any variances or petitions to modify specific state plumbing code requirements shall be approved in writing by the department prior to the installation of the system.
SPS 387.20(1)(d) (d) Owned the principal residence or small commercial establishment which is served by the category 1 or 2 failing POWTS. A person does not meet this condition if he or she did not own the property at the time the POWTS was failing and subject to a determination of failure. The buyer of the property is not eligible if the failing POWTS was replaced prior to the date of sale. The seller of the property is not eligible if the determination of failure was made after the date of sale.
SPS 387.20(2) (2)Private nonprofit entities. For the purposes of this chapter a small commercial establishment may be owned by a private nonprofit corporation as defined in s. 181.0103 (17), Stats.
SPS 387.20 Note Note: Section 181.0103 (17), Stats., means a nonstock nonprofit corporation subject to the provisions of this chapter, except a foreign corporation.
SPS 387.20(3) (3)Ineligible entities. Structures owned by any of the following entities are not eligible for financial assistance awards:
SPS 387.20(3)(a) (a) The state.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.