AB774: Bill Text

AB774, s. 11 Section 11. 145.245 (5) (a) 2. of the statutes is amended to read:

AB774,8,7 145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private sewage system, if the small commercial establishment was constructed prior to July 1, 1978 1988, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage system.

AB774, s. 12 Section 12. 227.01 (13) (zr) of the statutes is created to read:

AB774,8,12 227.01 (13) (zr) Specifies the required frequency of inspection, maintenance and pumping for private sewage systems or the types of inspections, maintenance or repairs of private sewage systems that may be performed by persons with various qualifications, under s. 145.245 (3).

AB774, s. 13 Section 13. 281.48 (2) (b) to (g) of the statutes are amended to read:

AB774,8,17 281.48 (2) (b) "Grease trap interceptor" means a watertight tank for the collection of grease present in sewage and other wastes, and from which grease may be skimmed from the surface of liquid waste for disposal receptacle designed to intercept and retain grease or fatty substances.

AB774,8,22 (c) "Privy" means a cavity in the ground or a portable above-ground device constructed for toilet uses which receives human excrement either to be partially absorbed directly by the surrounding soil or stored for decomposition and periodic removal an enclosed toilet that is not portable and that receives wastes that are not water carried.

AB774,8,25 (d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy or other component of a private sewage system.

AB774,9,3 (e) "Septic tank" means and includes a septic toilet, chemical closet and any other watertight enclosure used for storage and anaerobic decomposition of human excrement, or domestic or industrial wastes wastewater.

AB774,9,6 (f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy or other component of a private sewage system and disposing of the septage.

AB774,9,9 (g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar wastewater treatment device component of a private sewage system.

AB774, s. 14 Section 14. 281.48 (2) (bm) of the statutes is created to read:

AB774,9,12 281.48 (2) (bm) "Private sewage system" has the meaning given in s. 145.01 (12).

AB774, s. 15 Section 15. 281.48 (2m) of the statutes is amended to read:

AB774,9,17 281.48 (2m) Powers of the department. The department shall have has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies and other components of private sewage systems.

AB774, s. 16 Section 16. 281.48 (4g) of the statutes is amended to read:

AB774,9,25 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or registration a license exception under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of sites private sewage systems serviced and the volume of septage disposed of and location of septage disposed that disposal.

AB774, s. 17 Section 17. 281.48 (4m) (title) and (a) of the statutes are amended to read:

AB774,10,11 281.48 (4m) (title) Site licenses approvals. (a) The department may require a soil test and a license shall require a site approval for any location where septage is stored or disposed of on land, except that the department may not require a soil test and a license for septage disposal in a licensed solid waste disposal facility. In determining whether to require a license for a site, the department shall consider the septage disposal needs of different areas of the state.

AB774, s. 18 Section 18. 281.48 (4m) (b) (intro.) of the statutes is renumbered 281.48 (4m) (b) and amended to read:

AB774,10,16 281.48 (4m) (b) Notwithstanding par. (a), the department may not require a license for a location where septage is disposed of on land if: the person who disposes of the septage is a farmer and all of the conditions in sub. (3) (d) 1. to 4. apply.

AB774, s. 19 Section 19. 281.48 (4m) (b) 1. to 3. of the statutes are repealed.

AB774, s. 20 Section 20. 281.48 (4m) (c) of the statutes is amended to read:

AB774,10,24 281.48 (4m) (c) If a location is exempt from licensing site approval under par. (b), the department may require the person who services the septic tank, soil absorption field, holding tank, grease trap or privy to register the disposal site with the department and interceptor, privy or other component of a private sewage system to provide the department with information to show that sufficient land area is available for disposal.

AB774, s. 21 Section 21. 281.48 (4s) (a) 4. and (b) of the statutes are repealed.

AB774, s. 22 Section 22. 281.48 (4w) of the statutes is created to read:

AB774,11,8 281.48 (4w) Servicing fee. (a) Beginning on January 1, 1999, a person servicing, inspecting or performing maintenance on a private sewage system shall charge a servicing fee in addition to the amount that the person charges for performing the servicing, inspection or maintenance. The fee is $7.50, except that the fee for servicing, inspecting or performing maintenance on a holding tank is $2.50 per occurrence or $2.50 per week, whichever is less, and except as provided under par. (b).

AB774,11,11 (b) The department may change the amount of the fees under this subsection by rule. The rule may specify a reduced charge for servicing, inspection or maintenance performed more frequently than required under s. 145.245 (3).

AB774,11,18 (c) A person who collects fees under par. (a) may retain 10% of the amount collected. A person licensed under sub. (3) who has 5 or more vehicles used for servicing shall remit the balance of the amount collected to the department every 2 months, beginning on March 15, 1999, and a person licensed under sub. (3) who has fewer than 5 vehicles used for servicing shall remit the balance of the amount collected to the department every 3 months, beginning on April 15, 1999, except that the department may establish a different schedule by rule.

AB774, s. 23 Section 23. 281.48 (5m) of the statutes is repealed and recreated to read:

AB774,11,22 281.48 (5m) Local regulation. (a) No city, village, town or county may prohibit, through zoning or any other means, the disposal of septage on land if that disposal complies with this section and rules promulgated under this section.

AB774,11,25 (b) 1. A county may not regulate the disposal of septage on land, except that the county may limit vehicle weights as authorized in ch. 349 and may enact the model ordinance developed under par. (c).

AB774,12,5 2. A city, village or town may not regulate the disposal of septage on land, except as provided in sub. (5p) (b) and except that the city, village or town may limit vehicle weights as authorized in ch. 349 and, if the city, village or town is located in a county that has not enacted the model ordinance under subd. 1., the city, village or town may enact the model ordinance developed under par. (c).

AB774,12,9 (c) The department shall develop a model septage land disposal ordinance. The model ordinance shall be consistent with rules promulgated under this chapter. The department shall develop the model ordinance in consultation with counties and persons who perform servicing.

AB774, s. 24 Section 24. 281.48 (5p) of the statutes is created to read:

AB774,12,15 281.48 (5p) Other local responsibilities. (a) No later than January 1, 2003, a city, village or town with more than 2,500 residents whose residences are not served by a sewerage system shall provide, or ensure the availability of, sufficient storage or treatment capacity for septage so that during the winter the land disposal of septage generated within the city, village or town is unnecessary.

AB774,12,20 (b) No later than January 1, 2003, a city, village or town with more than 2,500 residents whose residences are not served by a sewerage system shall enact an ordinance, approved by the department, that prohibits the land disposal of septage during the winter and requires that septage pumped from private sewage systems during the winter be delivered to storage or treatment facilities.

AB774, s. 25 Section 25. 281.48 (5r) of the statutes is created to read:

AB774,13,7 281.48 (5r) Statewide records system. (a) The department of natural resources, in consultation with the department of commerce, shall develop and, beginning no later than July 1, 1999, operate a statewide septage records system. In developing the system, the department of natural resources shall also consult with counties, towns, persons who perform servicing and others who will be affected by the system. The system shall be designed to record information concerning inspection, maintenance and pumping of private sewage systems, disposal of septage, sites approved for the land application of septage, licensing of persons who perform servicing, certification of operators of septage servicing vehicles and other activities associated with septage regulation and to facilitate statewide access to that information.

AB774, s. 26 Section 26. 281.49 (5) (c) 4. of the statutes is amended to read:

AB774,13,14 281.49 (5) (c) 4. Actual and equitable disposal fees based on the volume and strength of septage introduced into the municipal sewage system and calculated at the rate applied to other users of the municipal sewage system, and including the costs of additional facilities or personnel necessary to accept plus reasonable administrative costs of accepting septage at the point of introduction into the municipal sewage system.

AB774, s. 27 Section 27. 283.82 of the statutes is created to read:

AB774,13,18 283.82 Land application of sewage sludge. (1) The department shall oversee, set technical standards for and regulate the application of sewage sludge to land.

AB774,13,21 (3) A city, village, town or county may not regulate the land application of sewage sludge, except that the city, village, town or county may limit vehicle weights as authorized in ch. 349.

AB774, s. 28 Section 28. Effective date.

AB774,13,24 (1) This act takes effect on July 1, 1998, or on the day after publication, whichever is later.

AB774,13,25 (End)