LRB-2557/4
RCT:jlg:hmh
1997 - 1998 LEGISLATURE
February 10, 1998 - Introduced by Representative Johnsrud. Referred to
Committee on Environment.
AB774,2,2
1An Act to repeal 281.48 (4m) (b) 1. to 3. and 281.48 (4s) (a) 4. and (b);
to
2renumber and amend 281.48 (4m) (b) (intro.);
to amend 20.370 (4) (bL),
3145.245 (3), 145.245 (5) (a) 1., 145.245 (5) (a) 2., 281.48 (2) (b) to (g), 281.48 (2m),
4281.48 (4g), 281.48 (4m) (title) and (a), 281.48 (4m) (c) and 281.49 (5) (c) 4.;
to
5repeal and recreate 281.48 (5m); and
to create 20.143 (3) (i), 20.370 (4) (bg),
6145.245 (1) (ac), 145.245 (2), 145.245 (3e), 145.245 (3m), 227.01 (13) (zr), 281.48
7(2) (bm), 281.48 (4w), 281.48 (5p), 281.48 (5r) and 283.82 of the statutes;
8relating to: the inspection, maintenance and pumping of private sewage
9systems, financial assistance for replacing or rehabilitating private sewage
10systems, the disposal of septage on land, authority over the application of
11sewage sludge to land, waste treatment service charges, providing an
1exemption from rule-making procedures, granting rule-making authority and
2making 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
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB774, s. 2
1Section
2. 20.143 (3) (i) of the statutes is created to read:
AB774,4,52
20.143
(3) (i)
Private sewage system assistance, program revenue. All moneys
3received under s. 281.48 (4w) and not appropriated under s. 20.370 (4) (bg) for
4financial assistance under the private sewage system replacement and
5rehabilitation program under s. 145.245.
AB774, s. 3
6Section
3. 20.370 (4) (bg) of the statutes is created to read:
AB774,4,107
20.370
(4) (bg)
Septage management. Biennially, from the general fund, the
8amounts in the schedule from moneys received under s. 281.48 (4w) for septage
9management activities, including the inventory under s. 145.245 (2), and public
10education related to septage management.
AB774,4,1713
20.370
(4) (bL)
Wastewater management — fees. From the general fund, all
14moneys received under
s. ss. 281.17 (3)
and 281.48 (4s) (a) for the certification of
15operators of water systems, wastewater treatment plants and septage servicing
16vehicles
and under s. 281.48 (4s) (a) and (b), and for wastewater management
17activities.
AB774, s. 5
18Section
5. 145.245 (1) (ac) of the statutes is created to read:
AB774,5,3
1145.245
(1) (ac) "Existing private sewage system" means a private sewage
2system that was constructed in a governmental unit before the date on which the
3governmental unit adopted the maintenance program under sub. (3).
AB774, s. 6
4Section
6. 145.245 (2) of the statutes is created to read:
AB774,5,105
145.245
(2) Inventory. (a) A governmental unit that, on the effective date of
6this paragraph .... [revisor inserts date], has not identified the locations of all of the
7private sewage systems located within the governmental unit shall either conduct
8an inventory to identify the location, by legal description, of all of the private sewage
9systems located within the local governmental unit or shall cooperate with an
10inventory conducted under contract with the department of natural resources.
AB774,5,1411
(b) If a governmental unit with a population of 40,000 or more chooses to
12conduct the inventory under par. (a), it shall complete the inventory before July 1,
132001. If a governmental unit with a population of less than 40,000 chooses to conduct
14the inventory under par. (a), it shall complete the inventory before July 1, 2000.
AB774,5,1815
(c) From the appropriation under s. 20.370 (4) (bL), the department of natural
16resources shall pay each governmental unit that chooses to conduct the inventory
17under par. (a) $2.50 for each private sewage system installed before January 1, 1980,
18that the governmental unit identifies through the inventory.
AB774,5,2419
(d) The department of natural resources shall contract with another person to
20conduct an inventory to identify the location, by legal description, of all private
21sewage systems located in a governmental unit that has not, on the effective date of
22this paragraph .... [revisor inserts date], identified the locations of all of the private
23sewage systems located within the governmental unit and that chooses not to
24conduct the inventory under par. (a).
AB774, s. 7
25Section
7. 145.245 (3) of the statutes is amended to read:
AB774,6,20
1145.245
(3) Maintenance. The department shall establish a maintenance
2program
to that shall be administered by governmental units. The maintenance
3program is applicable to all new or replacement private sewage systems constructed
4in a governmental unit after the date on which the governmental unit adopts this
5program
. The maintenance program shall include a requirement of inspection or
6pumping of the private sewage system at least once every 3 years. Inspections and
7to existing private sewage systems according to the schedule under sub. (3e). The
8department shall specify the required frequency of inspection, maintenance and
9pumping for each type of private sewage system and shall periodically update the
10requirements. The department shall specify the types of inspections, maintenance
11and repairs that may be conducted by a master plumber, journeyman plumber or
12restricted plumber licensed under this chapter, a person
licensed certified under s.
13281.48 281.17 (3) as a septage servicing vehicle operator or by an employe of the state
14or governmental unit designated by the department. The department of natural
15resources may suspend or revoke a license issued under s. 281.48 or a certificate
16issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the
17department of natural resources finds that the licensee or operator falsified
18information on inspection forms. The department of commerce may suspend or
19revoke the license of a plumber licensed under this chapter if the department finds
20that the plumber falsified information on inspection forms.
AB774, s. 8
21Section
8. 145.245 (3e) of the statutes is created to read:
AB774,6,2422
145.245
(3e) Schedule for requiring maintenance of existing private sewage
23systems. (a) A governmental unit shall begin to apply the requirements under sub.
24(3) to existing private sewage systems according to the following schedule:
AB774,7,2
11. In a county with a population of more than 90,000, no sooner than July 1,
21999, and no later than July 1, 2002.
AB774,7,43
2. In a county with a population of more than 40,000 but not more than 90,000,
4no sooner than July 1, 2001, and no later than July 1, 2004.
AB774,7,65
3. In any other county, no sooner than July 1, 2003, and no later than July 1,
62006.
AB774,7,97
(b) A county shall implement a schedule to require repair or replacement of
8existing private sewage systems that are determined to be failing private sewage
9systems under par. (a).
AB774, s. 9
10Section
9. 145.245 (3m) of the statutes is created to read:
AB774,7,1411
145.245
(3m) Reporting. Beginning on January 1, 1999, a person who
12inspects, performs maintenance on or pumps a private sewage system shall report
13the operational status of the private sewage system and the nature of the activity
14performed to the statewide records system under s. 281.48 (5r).
AB774, s. 10
15Section
10. 145.245 (5) (a) 1. of the statutes is amended to read:
AB774,7,2316
145.245
(5) (a) 1. A person is eligible for grant funds under this section if he or
17she owns a principal residence which is served by a category 1 or 2 failing private
18sewage system, if the residence was constructed prior to and inhabited on July 1,
191978 1988, if the family income of the person does not exceed the income limitations
20under par. (c), if the amount of the grant determined under sub. (7) is at least $100,
21if the residence is not located in an area served by a sewer and if determination of
22failure is made prior to the rehabilitation or replacement of the failing private
23sewage system.
AB774, s. 11
24Section
11. 145.245 (5) (a) 2. of the statutes is amended to read:
AB774,8,7
1145.245
(5) (a) 2. A business is eligible for grant funds under this section if it
2owns a small commercial establishment which is served by a category 1 or 2 failing
3private sewage system, if the small commercial establishment was constructed prior
4to July 1,
1978 1988, if the gross revenue of the business does not exceed the
5limitation under par. (d), if the small commercial establishment is not located in an
6area served by a sewer and if a determination of failure is made prior to the
7rehabilitation or replacement of the private sewage system.
AB774, s. 12
8Section
12. 227.01 (13) (zr) of the statutes is created to read:
AB774,8,129
227.01
(13) (zr) Specifies the required frequency of inspection, maintenance
10and pumping for private sewage systems or the types of inspections, maintenance or
11repairs of private sewage systems that may be performed by persons with various
12qualifications, under s. 145.245 (3).
AB774, s. 13
13Section
13. 281.48 (2) (b) to (g) of the statutes are amended to read:
AB774,8,1714
281.48
(2) (b) "Grease
trap interceptor" means a
watertight tank for the
15collection of grease present in sewage and other wastes, and from which grease may
16be skimmed from the surface of liquid waste for disposal receptacle designed to
17intercept and retain grease or fatty substances.
AB774,8,2218
(c) "Privy" means
a cavity in the ground or a portable above-ground device
19constructed for toilet uses which receives human excrement either to be partially
20absorbed directly by the surrounding soil or stored for decomposition and periodic
21removal an enclosed toilet that is not portable and that receives wastes that are not
22water carried.
AB774,8,2523
(d) "Septage" means the scum, liquid, sludge or other waste in a septic tank,
24soil absorption field, holding tank, grease
trap or
interceptor, privy
or other
25component of a private sewage system.
AB774,9,3
1(e) "Septic tank" means
and includes a septic toilet, chemical closet and any
2other watertight enclosure used for storage and
anaerobic decomposition of human
3excrement
, or domestic or industrial
wastes wastewater.
AB774,9,64
(f) "Servicing" means removing septage from a septic tank, soil absorption field,
5holding tank, grease
trap or interceptor, privy
or other component of a private sewage
6system and disposing of the septage.
AB774,9,97
(g) "Soil absorption field" means an area or cavity in the ground which receives
8the liquid discharge of a septic tank or similar w
astewater treatment device 9component of a private sewage system.
AB774, s. 14
10Section
14. 281.48 (2) (bm) of the statutes is created to read:
AB774,9,1211
281.48
(2) (bm) "Private sewage system" has the meaning given in s. 145.01
12(12).