AB774: Bill Text

1997 Assembly BILL 774

February 10, 1998 - Introduced by Representative Johnsrud. Referred to Committee on Environment.

AB774,2,2 An Act to repeal 281.48 (4m) (b) 1. to 3. and 281.48 (4s) (a) 4. and (b); to renumber and amend 281.48 (4m) (b) (intro.); to amend 20.370 (4) (bL), 145.245 (3), 145.245 (5) (a) 1., 145.245 (5) (a) 2., 281.48 (2) (b) to (g), 281.48 (2m), 281.48 (4g), 281.48 (4m) (title) and (a), 281.48 (4m) (c) and 281.49 (5) (c) 4.; to repeal and recreate 281.48 (5m); and to create 20.143 (3) (i), 20.370 (4) (bg), 145.245 (1) (ac), 145.245 (2), 145.245 (3e), 145.245 (3m), 227.01 (13) (zr), 281.48 (2) (bm), 281.48 (4w), 281.48 (5p), 281.48 (5r) and 283.82 of the statutes; relating to: the inspection, maintenance and pumping of private sewage systems, financial assistance for replacing or rehabilitating private sewage systems, the disposal of septage on land, authority over the application of sewage sludge to land, waste treatment service charges, providing an exemption from rule-making procedures, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill makes changes in the laws relating to private sewage systems (such as septic systems and holding tanks) and the disposal of septage and sewage sludge on land. The changes generally take effect on July 1, 1998, or on the day after publication, whichever is later. Currently, 2 state agencies have responsibilities relating to these matters, the department of natural resources (DNR) and the department of commerce.

This bill requires a person who inspects, performs maintenance on or pumps septage from a private sewage system to charge a servicing fee beginning on January 1, 1999. The servicing fee is $7.50 for a private sewage system other than a holding tank and, generally, $2.50 for a holding tank. DNR may change the amount of the fee by rule. A person who collects the fee may retain 10% of the amount collected and must pay the balance to DNR. The fee is used for DNR's septage management activities and for the private septage system replacement and rehabilitation program administered by the department of commerce.

Current law requires the department of commerce to establish a program for the maintenance of private sewage systems. The program is administered by counties, except that in Milwaukee County it is administered by cities, villages and towns in which private sewage systems are located. The maintenance program generally applies to private sewage systems installed after a county began to administer the program. The maintenance program must require inspection or pumping of a private sewage system at least once every 3 years. Inspections may be conducted by plumbers, persons licensed by DNR to service private sewage systems or certain state and local employes.

This bill requires counties, or municipalities in Milwaukee County, to operate private sewage system maintenance programs that apply to private sewage systems not currently covered by the programs, beginning no sooner than July 1, 1999, and no later than July 1, 2006. The bill requires the department of commerce to specify the required frequency of inspection, maintenance and pumping for each type of private sewage system and to specify the kinds of inspections, maintenance and repairs that may be conducted by persons with specified qualifications.

Under this bill, a county that has not identified the location of all private sewage systems located within the county must either conduct an inventory of private sewage systems or cooperate with an inventory conducted by another person under contract with DNR. If a county conducts its own inventory, DNR is required to pay the county $2.50 for each private sewage system installed before January 1, 1980, that is identified through the inventory.

Under current law, DNR regulates persons who pump septage from private sewage systems and regulates the disposal of septage on land. Under current law, DNR may generally require a license for any site where septage is disposed of on land. This bill replaces the optional license with a mandatory site approval.

Under current law, a county may apply to DNR to regulate the disposal of septage on land. If DNR approves the county application, the county may enact a septage disposal ordinance. The ordinance applies throughout the county. A city, village or town may not enact a septage disposal ordinance if the county has adopted an ordinance.

Under this bill, a city, village, town or county may not prohibit the disposal of septage on land if that disposal complies with DNR's rules concerning the disposal of septage on land. A county may not regulate the disposal of septage on land, except that it may enact the DNR model septage land disposal ordinance (which this bill requires DNR to develop). A city or village or town may not regulate the disposal of septage on land except that, if the county has not enacted DNR's model ordinance, the city or village or town may enact DNR's model ordinance.

The bill requires a city, village or town with more than 2,500 residents whose residences are not served by a sewerage system to provide, or ensure the availability of, sufficient storage or treatment capacity for septage so that during the winter the land application of septage generated in the city, village or town is not necessary. The bill also requires the city, village or town to prohibit the land application of septage during the winter. These requirements take effect on January 1, 2003. The bill modifies the current restrictions on rates that a publicly owned treatment works may charge for treating septage.

The bill requires DNR, in consultation with the department of commerce, to develop and, by July 1, 1999, begin operating a statewide septage records system. The bill requires a person who inspects, performs maintenance on or pumps septage from a private sewage system to report that activity to the statewide records system.

Currently, under the private sewage system replacement or rehabilitation program, this state provides financial assistance to certain persons whose private sewage systems are failing. To be eligible for the program, the residence or small commercial establishment served by the private sewage system must have been constructed before July 1, 1978. This bill changes that date to July 1, 1988.

This bill requires DNR to oversee, set technical standards for and regulate the application of sewage sludge to land. The bill prohibits political subdivisions from regulating the application of sewage sludge to land.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB774, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB774, s. 2 Section 2. 20.143 (3) (i) of the statutes is created to read:

AB774,4,5 20.143 (3) (i) Private sewage system assistance, program revenue. All moneys received under s. 281.48 (4w) and not appropriated under s. 20.370 (4) (bg) for financial assistance under the private sewage system replacement and rehabilitation program under s. 145.245.

AB774, s. 3 Section 3. 20.370 (4) (bg) of the statutes is created to read:

AB774,4,10 20.370 (4) (bg) Septage management. Biennially, from the general fund, the amounts in the schedule from moneys received under s. 281.48 (4w) for septage management activities, including the inventory under s. 145.245 (2), and public education related to septage management.

AB774, s. 4 Section 4. 20.370 (4) (bL) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB774,4,17 20.370 (4) (bL) Wastewater management — fees. From the general fund, all moneys received under s. ss. 281.17 (3) and 281.48 (4s) (a) for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles and under s. 281.48 (4s) (a) and (b), and for wastewater management activities.

AB774, s. 5 Section 5. 145.245 (1) (ac) of the statutes is created to read:

AB774,5,3 145.245 (1) (ac) "Existing private sewage system" means a private sewage system that was constructed in a governmental unit before the date on which the governmental unit adopted the maintenance program under sub. (3).

AB774, s. 6 Section 6. 145.245 (2) of the statutes is created to read:

AB774,5,10 145.245 (2) Inventory. (a) A governmental unit that, on the effective date of this paragraph .... [revisor inserts date], has not identified the locations of all of the private sewage systems located within the governmental unit shall either conduct an inventory to identify the location, by legal description, of all of the private sewage systems located within the local governmental unit or shall cooperate with an inventory conducted under contract with the department of natural resources.

AB774,5,14 (b) If a governmental unit with a population of 40,000 or more chooses to conduct the inventory under par. (a), it shall complete the inventory before July 1, 2001. If a governmental unit with a population of less than 40,000 chooses to conduct the inventory under par. (a), it shall complete the inventory before July 1, 2000.

AB774,5,18 (c) From the appropriation under s. 20.370 (4) (bL), the department of natural resources shall pay each governmental unit that chooses to conduct the inventory under par. (a) $2.50 for each private sewage system installed before January 1, 1980, that the governmental unit identifies through the inventory.

AB774,5,24 (d) The department of natural resources shall contract with another person to conduct an inventory to identify the location, by legal description, of all private sewage systems located in a governmental unit that has not, on the effective date of this paragraph .... [revisor inserts date], identified the locations of all of the private sewage systems located within the governmental unit and that chooses not to conduct the inventory under par. (a).

AB774, s. 7 Section 7. 145.245 (3) of the statutes is amended to read:

AB774,6,20 145.245 (3) Maintenance. The department shall establish a maintenance program to that shall be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections and to existing private sewage systems according to the schedule under sub. (3e). The department shall specify the required frequency of inspection, maintenance and pumping for each type of private sewage system and shall periodically update the requirements. The department shall specify the types of inspections, maintenance and repairs that may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed certified under s. 281.48 281.17 (3) as a septage servicing vehicle operator or by an employe of the state or governmental unit designated by the department. The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB774, s. 8 Section 8. 145.245 (3e) of the statutes is created to read:

AB774,6,24 145.245 (3e) Schedule for requiring maintenance of existing private sewage systems. (a) A governmental unit shall begin to apply the requirements under sub. (3) to existing private sewage systems according to the following schedule:

AB774,7,2 1. In a county with a population of more than 90,000, no sooner than July 1, 1999, and no later than July 1, 2002.

AB774,7,4 2. In a county with a population of more than 40,000 but not more than 90,000, no sooner than July 1, 2001, and no later than July 1, 2004.

AB774,7,6 3. In any other county, no sooner than July 1, 2003, and no later than July 1, 2006.

AB774,7,9 (b) A county shall implement a schedule to require repair or replacement of existing private sewage systems that are determined to be failing private sewage systems under par. (a).

AB774, s. 9 Section 9. 145.245 (3m) of the statutes is created to read:

AB774,7,14 145.245 (3m) Reporting. Beginning on January 1, 1999, a person who inspects, performs maintenance on or pumps a private sewage system shall report the operational status of the private sewage system and the nature of the activity performed to the statewide records system under s. 281.48 (5r).

AB774, s. 10 Section 10. 145.245 (5) (a) 1. of the statutes is amended to read:

AB774,7,23 145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage system, if the residence was constructed prior to and inhabited on July 1, 1978 1988, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.

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: