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SPS 387.40 Note Note: As specified in s. 145.245 (11) (d), Stats., the department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for small commercial establishments.
SPS 387.40 Note Note: As specified in s. 145.245 (5) (a) 2., Stats., a business must own the small commercial establishment in order to be eligible for a grant amount. A business which leases a small commercial establishment is not eligible. Therefore, the application and income eligibility requirements must be met by the owners of the property served by the failing private sewage system.
SPS 387.40(3)(b) (b) Sanitary permit number and date of issuance. A legible copy of the application for the sanitary permit issued by the county in which the POWTS is located.
SPS 387.40(3)(c) (c) Additional information. If within 3 years of the date that the enforcement order was issued or determination of failure was made, and an owner has bought or sold the small commercial establishment served by a failing POWTS, the person shall provide the following additional information:
SPS 387.40(3)(c)1. 1. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows the date of sale of the property.
SPS 387.40(3)(c)2. 2. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows that the cost of replacing the failing POWTS has or will be incurred at the owner's expense.
SPS 387.40(3)(d) (d) Other information. Any other information that may be requested by the department or participating governmental unit.
SPS 387.40 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (3) (a) 2., made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (1) (a), (b), (2), (3) (a) 1., 2., (b) and (c) Register January 2005 No. 589, eff. 2-1-05; correction in (2) (a), (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.50 SPS 387.50 Alternate evidence of income. A participating governmental unit may consider any of the following criteria as satisfactory evidence of income:
SPS 387.50(1) (1) A copy of the owner's federal income tax return or federal income tax forms for the taxable year in which the enforcement order was issued or determination of failure was made and, if married and filing separately, a copy of the federal income tax return or federal income tax forms for that same year for the owner's spouse.
SPS 387.50(2) (2) In conjunction with the evidence of income required under sub. (1), an affidavit from the owner. The affidavit shall state the reason that a reduction in net income or adjusted gross income is expected in the year in which the enforcement order was issued or determination of failure was made, and the estimated amount of that reduction, for the taxable year in which the enforcement order is issued or determination of failure is made.
SPS 387.50(3) (3) An affidavit from the owner of the principal residence or small commercial establishment stating the reason that he or she was not required to file a federal income tax return or federal income tax forms in the year prior to the year in which the enforcement order was issued or for the year in which the determination of failure was made.
SPS 387.50 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. Register January 2005 No. 589, eff. 2-1-05.
SPS 387.70 SPS 387.70 Allocation of funds and financial assistance awards.
SPS 387.70(1)(1) General. The department shall allocate funds available for financial assistance awards to participating governmental units as provided in s. 145.245 (11), Stats., except for funds so specified in s. SPS 387.72.
SPS 387.70(2) (2)Proration.
SPS 387.70(2)(a)(a) If available funds are not sufficient to fully fund all applications, the department shall prorate available funds under s. 145.245 (11m), Stats. A prorated payment shall be deemed full payment of the financial assistance.
SPS 387.70(2)(b) (b) A financial assistance application denied under s. 145.245 (11m) (c), Stats., is not eligible for awards in a later fiscal year.
SPS 387.70(3) (3)Revision of allocation or award.
SPS 387.70(3)(a)(a) If the department finds that an owner listed in the application of a governmental unit does not meet the eligibility requirements under s. 145.245 (5), Stats., the department may reduce an allocation to the governmental unit in the current or in a following fiscal year.
SPS 387.70(3)(b) (b) The department may withhold funds allocated to a governmental unit and initiate enforcement under s. SPS 387.80, if a governmental unit does not meet the conditions specified under s. 145.245 (9), Stats.
SPS 387.70(3)(c) (c) The department may reallocate any withheld or recovered funds in the following fiscal year.
SPS 387.70(4) (4)Experimental systems. The allocation and payment of financial assistance awards for experimental POWTS shall be in accordance with ss. SPS 387.31 and 387.72.
SPS 387.70 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1), (2) and (4) Register January 2005 No. 589, eff. 2-1-05; correction in (1), (3) (b), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.71 SPS 387.71Payments to participating governmental units.
SPS 387.71(1)(1) Except as provided in s. SPS 387.72, financial assistance payments shall be made to the participating governmental unit which shall be responsible for disbursing all funds received from the department for the purposes for which the financial assistance award was made.
SPS 387.71(2) (2) A participating governmental unit shall request payment on forms acceptable to the department and shall include such information as required by the department to document satisfactory completion of eligible work. Payments shall be requested in accordance with the payment schedule included in the financial assistance award conditions.
SPS 387.71(3) (3) The total financial assistance amount payable to a participating governmental unit is limited to the amount of funds awarded to the participating governmental unit under this chapter. The specific financial assistance amount for individual owners of a POWTS is limited to the maximum allowable financial assistance amount under s. SPS 387.30. Payment based on a prorated financial assistance amount shall constitute a complete payment for that owner.
SPS 387.71(4) (4) At any time before final payment of the financial assistance, the department may review and audit any request for payment. Based on the review or audit, any payment may be reduced for prior overpayment or increased for prior underpayment.
SPS 387.71(5) (5) The participating governmental unit shall return to the department any funds, including any interest derived therefrom, received under this chapter which are not disbursed to eligible owners.
SPS 387.71(6) (6) The department may authorize the withholding of a financial assistance payment where it determines in writing that a participating governmental unit has failed to comply with program objectives, financial assistance award conditions, or reporting requirements. Such withholding shall be limited to only that amount necessary to assure compliance.
SPS 387.71(7) (7) The department shall withhold a financial assistance payment to the extent of any indebtedness, relating to the provisions of this chapter, of the participating governmental unit to the state of Wisconsin, unless it determines that collection of the indebtedness will impair accomplishment of the program objectives and that continuation of the specific project is in the best interest of the state of Wisconsin.
SPS 387.71 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) to (4), (6) and (7) Register January 2005 No. 589, eff. 2-1-05; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.72 SPS 387.72 Payments for monitoring of experimental systems.
SPS 387.72(1)(1) Except as provided in ss. SPS 387.70 and 387.71, the department shall make financial assistance payments for monitoring of experimental POWTS to the individual or entity performing the monitoring for the maximum allowable amount on an annual basis up to the approved estimated costs for monitoring for eligible work for a project period.
SPS 387.72(2)(a)(a) The individual or entity performing the monitoring shall request payment on forms acceptable to the department and shall provide such information as required by the department to document satisfactory completion of eligible work. Subsequent annual payments for monitoring shall be requested in accordance with the payment schedule included in the financial assistance award conditions as approved by the department.
SPS 387.72(2)(b) (b) The individual or entity performing the monitoring shall make a request to the department for payment of monitoring costs on an annual basis by submitting paid invoices documenting the eligible work provided as included in the financial assistance award conditions. Payments shall be awarded to the eligible individual or entity in accordance with the payment schedule included in the conditions of the financial assistance, the maximum allowable financial assistance amount, and usual and customary costs for monitoring of an experimental POWTS.
SPS 387.72(2)(c) (c) A direct payment of monitoring costs shall be made to the individual or entity in accordance with this section.
SPS 387.72(3) (3) The total financial assistance amount payable to the individual or entity for monitoring shall be limited to the amount of funds available for allocation in the project period for experimental systems under this chapter.
SPS 387.72(4) (4) At any time before final payment of the approved financial assistance amount, the department may review and audit any request for payment. Based on the review or audit, any payment may be reduced for prior overpayment or increased for prior underpayment.
SPS 387.72(5) (5) The department may authorize the withholding of a financial assistance payment where it determines in writing that an owner has failed to comply with program objectives, financial assistance award conditions, or reporting requirements. Such withholding shall be limited to only that amount necessary to assure compliance.
SPS 387.72(6) (6) The department shall withhold a financial assistance payment to the extent of any indebtedness, relating to the provisions of this chapter, unless it determines that collection of the indebtedness will impair accomplishment of the program objectives and that continuation of the specific project is in the best interest of the state of Wisconsin.
SPS 387.72 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1), (2) (a), (b) and (3) to (6) Register January 2005 No. 589, eff. 2-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.80 SPS 387.80 Program enforcement. If the department has reason to believe that a violation of the provisions of this chapter or of any financial assistance award or financial assistance award amendment made under this chapter has occurred, the department may take any of the following actions:
SPS 387.80(1) (1) Under s. 145.245 (14), Stats., the department may cause written notice to be served upon the alleged violator, and in conjunction with that notice may either:
SPS 387.80(1)(a) (a) Issue an order that corrective action be taken by the alleged violator within a reasonable time.
SPS 387.80(1)(b) (b) Require that the alleged violator appear before the department for a hearing to answer the charges that a violation has occurred.
SPS 387.80(2) (2) Under s. 145.245 (14), Stats., the department may terminate or annul financial assistance made under this section and seek recovery of some or all financial assistance funds previously paid to the participating governmental unit or owner, if an order issued under s. 145.02 (3) (f), Stats., is violated.
SPS 387.80(3) (3) Under s. 145.245 (14) (d), Stats., the department may suspend or terminate additional financial assistance awards made under this chapter if the department finds that a POWTS previously funded by the participating governmental unit with financial assistance awarded under this chapter is not being or has not been properly rehabilitated, constructed, installed or maintained.
SPS 387.80(4) (4) The department may declare as ineligible project costs directly related to the violation.
SPS 387.80(5) (5) The department may seek an injunction or other appropriate relief under s. 145.02 (3) (f), Stats.
SPS 387.80(6) (6) The department may seek the imposition of a forfeiture for each violation, pursuant to s. 145.245 (15), Stats.
SPS 387.80 Note Note: Section 145.245 (15), Stats., reads:
SPS 387.80 Note Any person who violates this section or a rule or order promulgated under this section shall forfeit not less than $10 or more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.
SPS 387.80 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (intro.), (2) and (3) Register January 2005 No. 589, eff. 2-1-05.
SPS 387.81 SPS 387.81 Program audit.
SPS 387.81(1)(1) A governmental unit, owner or any other individual or entity receiving financial assistance award under this chapter shall make available to the department, upon request, any and all records necessary to ascertain compliance with this chapter and the provisions as specified in s. 145.245, Stats.
SPS 387.81(2) (2) The department may require documentation of monitoring and an audit of the individual or entity providing monitoring.
SPS 387.81 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) Register January 2005 No. 589, eff. 2-1-05.
SPS 387.90 SPS 387.90 Petition for variance.
SPS 387.90(1) (1) Procedure. Under ch. SPS 303, the department shall consider and may grant a variance to an administrative rule upon receipt of a fee, a completed petition for variance form from the owner, and a completed municipal recommendation from the participating governmental unit having responsibility and an interest in the rule, provided an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. The department may impose specific conditions in granting a variance to promote the protection of the health, safety or welfare of employees or the public. Violation of those conditions under which the variance is granted constitutes a violation of these rules.
SPS 387.90(2) (2)Petition processing time. Except for priority petitions, the department shall review and make a determination on a petition for variance within 30 business days of receipt of all calculations, documents and fees required to complete the review. The department shall process priority petitions within 10 business days.
SPS 387.90 Note Note: Form SBD-9890-X is available on request at no charge from the department at the Division of Industry Services, P.O. Box 8935, Madison WI 53708-8935, telephone (608) 266-2112, or at the Department web site at http://www.drl.wisconsin.gov/Plan-Review/Petition-Variance/Petition-for-Variance-Forms.
SPS 387.90 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) and (2) Register January 2005 No. 589, eff. 2-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.91 SPS 387.91 Process for appeal.
SPS 387.91(1)(1) Determination of ineligibility by a participating governmental unit. When a decision by a participating governmental unit is that the applicant does not meet the eligibility criteria as established in this chapter and s. 145.245, Stats., the owner may appeal the decision of the governmental unit in accordance with ch. 68, Stats.
SPS 387.91(2) (2)Determination of ineligibility by the department. When a decision by the department is that the applicant does not meet the eligibility criteria as established in this chapter and s. 145.245, Stats., the owner may appeal the decision of the department in writing within 30 days from the date of said decision in accordance with s. 227.42, Stats.
SPS 387.91 Note Note: Section 101.02 (6), Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals.
SPS 387.91 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) and (2) Register January 2005 No. 589, eff. 2-1-05.
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