SB45: Bill Text

SB45, s. 2192 Section 2192. 145.135 of the statutes is repealed.

SB45, s. 2193 Section 2193. 145.19 of the statutes is repealed and recreated to read:

SB45,1026,16 145.19 Sanitary permits. (1) Definitions. In this section, "sanitary permit" means a permit issued by the department or any governmental unit responsible for the regulation of private sewage systems that authorizes the installation of a private sewage system.

SB45,1026,23 (2) Validity. (a) No person may install a private sewage system unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue, notwithstanding any change in the state plumbing code or in any private sewage system ordinance during that period, and is renewable for 2-year periods. A renewal of a sanitary permit is governed by the rules in effect at the time the renewal is sought.

SB45,1027,3 (b) A holder of a sanitary permit may transfer the sanitary permit to a subsequent owner of the land, except that the subsequent owner shall obtain a new copy of the sanitary permit from the issuing agent.

SB45,1027,5 (3) Notice. A sanitary permit shall include a notice displayed conspicuously and separately on the permit form to inform the permit holder that:

SB45,1027,7 (a) The purpose of the sanitary permit is to allow installation of the private sewage system described in the permit.

SB45,1027,9 (b) The approval of the sanitary permit is based on rules in force on the date of approval.

SB45,1027,10 (c) The sanitary permit is valid and may be renewed for a 2-year period.

SB45,1027,12 (d) Changed rules will not impair the validity of a sanitary permit, but they may impede renewal.

SB45,1027,13 (e) The sanitary permit is transferable.

SB45,1027,17 (4) Information on sanitary permits; forms. (a) The department shall prescribe the information to be included on the sanitary permit and shall furnish sanitary permit forms to the governmental unit responsible for the regulation of private sewage systems.

SB45,1027,23 (b) The applicant for a sanitary permit shall submit a completed sanitary permit application to the governmental unit responsible for the regulation of private sewage systems or the department. The governmental unit responsible for the regulation of private sewage systems or the department, whichever is appropriate, shall approve or disapprove the sanitary permit application according to the rules promulgated by the department under ss. 145.02 and 145.13.

SB45,1028,3 (5) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private sewage systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule.

SB45,1028,7 (6) Copy of permit forwarded to the department. The governmental unit responsible for the regulation of private sewage systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the permit is issued.

SB45,1028,10 (7) Use of fee. The governmental unit responsible for the regulation of private sewage systems shall use the portion of the fee it retains for the administration of private sewage system programs.

SB45,1028,12 (8) Fee adjustment. The department may by rule adjust the minimum permit fee under sub. (5) and the fee portion forwarded under sub. (6).

SB45,1028,18 (9) Groundwater fee. In addition to the fee under sub. (5), the governmental unit responsible for the regulation of private sewage systems or the department shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (6). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB45, s. 2194 Section 2194. 145.19 (1), (2) (a), (3) (a), (4) to (7) and (9) of the statutes, as affected by 1999 Wisconsin Act .... (this act), are amended to read:

SB45,1028,24 145.19 (1) Definitions. In this section, "sanitary permit" means a permit issued by the department or any governmental unit responsible for the regulation of private small sewage systems that authorizes the installation of a private small sewage system.

SB45,1029,7 (2) (a) No person may install a private small sewage system unless the owner of the property on which the private small sewage system is to be installed holds a valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue, notwithstanding any change in the state plumbing code or in any private small sewage system ordinance during that period, and is renewable for 2-year periods. A renewal of a sanitary permit is governed by the rules in effect at the time the renewal is sought.

SB45,1029,9 (3) (a) The purpose of the sanitary permit is to allow installation of the private small sewage system described in the permit.

SB45,1029,13 (4) Information on sanitary permits; forms. (a) The department shall prescribe the information to be included on the sanitary permit and shall furnish sanitary permit forms to the governmental unit responsible for the regulation of private small sewage systems.

SB45,1029,19 (b) The applicant for a sanitary permit shall submit a completed sanitary permit application to the governmental unit responsible for the regulation of private small sewage systems or the department. The governmental unit responsible for the regulation of private small sewage systems or the department, whichever is appropriate, shall approve or disapprove the sanitary permit application according to the rules promulgated by the department under ss. 145.02 and 145.13.

SB45,1029,24 (5) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private small sewage systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule.

SB45,1030,4 (6) Copy of permit forwarded to the department. The governmental unit responsible for the regulation of private small sewage systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the permit is issued.

SB45,1030,7 (7) Use of fee. The governmental unit responsible for the regulation of private small sewage systems shall use the portion of the fee it retains for the administration of private small sewage system programs.

SB45,1030,14 (9) Groundwater fee. In addition to the fee under sub. (5), the governmental unit responsible for the regulation of private small sewage systems or the department shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (6). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB45, s. 2195 Section 2195. 145.20 (title) of the statutes is amended to read:

SB45,1030,16 145.20 (title) Private Small sewage systems.

SB45, s. 2196 Section 2196. 145.20 (1) of the statutes is amended to read:

SB45,1030,22 145.20 (1) Organization and personnel. (a) The governing body of the governmental unit responsible for the regulation of private small sewage systems may assign the duties of administering the private small sewage system program to any office, department, committee, board, commission, position or employe of that governmental unit.

SB45,1031,4 (am) The governing body of the governmental unit responsible for the regulation of private small sewage systems may delegate the duties of administering the private small sewage system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.

SB45,1031,7 (b) The governmental unit responsible for the regulation of private small sewage systems shall obtain the services of a certified soil tester, either as an employe or under contract, to review and verify certified soil tester reports under sub. (2).

SB45, s. 2197 Section 2197. 145.20 (1) (ar) of the statutes is created to read:

SB45,1031,13 145.20 (1) (ar) The governmental unit responsible for the regulation of private sewage systems may, with the department's consent, delegate the administration of any of the responsibilities under sub. (2) to the department. If the department consents to the delegation, it may contract for the administration of the delegated responsibilities.

SB45, s. 2198 Section 2198. 145.20 (1) (ar) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1031,20 145.20 (1) (ar) The governmental unit responsible for the regulation of private small sewage systems may, with the department's consent, delegate the administration of any of the responsibilities under sub. (2) to the department. If the department consents to the delegation, it may contract for the administration of the delegated responsibilities.

SB45, s. 2199 Section 2199. 145.20 (2) (intro.) of the statutes is amended to read:

SB45,1031,24 145.20 (2) Governmental unit responsibilities. (intro.) The Except as provided under sub. (1) (am) and (ar), the governmental unit responsible for the regulation of private sewage systems shall:

SB45, s. 2200 Section 2200 . 145.20 (2) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1032,5 145.20 (2) Governmental unit responsibilities. (intro.) Except as provided under sub. (1) (am) and (ar), the governmental unit responsible for the regulation of private small sewage systems shall:

SB45, s. 2201 Section 2201. 145.20 (2) (a) of the statutes is amended to read:

SB45,1032,8 145.20 (2) (a) Review certified soil tester reports for proposed private small sewage systems and verify the report at the proposed site, if necessary.

SB45, s. 2202 Section 2202. 145.20 (2) (am) of the statutes is created to read:

SB45,1032,14 145.20 (2) (am) Retain the results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil, make the test results available to an applicant for a sanitary permit and accept the test results as the basis for a sanitary permit application, unless the soil at the test site is altered to the extent that a new soil test is necessary.

SB45, s. 2203 Section 2203. 145.20 (2) (b) of the statutes is amended to read:

SB45,1032,18 145.20 (2) (b) Approve or disapprove applications for sanitary permits and assist Assist applicants in preparing an approvable application sanitary permit applications.

SB45, s. 2204 Section 2204. 145.20 (2) (d) to (h) of the statutes are amended to read:

SB45,1032,22 145.20 (2) (d) Inspect all private small sewage systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.

SB45,1032,25 (e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private small sewage systems or the department.

SB45,1033,3 (f) Investigate violations of the private small sewage system ordinance and s. 254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.

SB45,1033,6 (g) Perform other duties regarding private small sewage systems as considered appropriate by the governmental unit responsible for the regulation of private small sewage systems or as required by the rules of the department.

SB45,1033,11 (h) Inspect existing private small sewage systems to determine compliance with s. 66.036 if a building or structure is being constructed which requires connection to an existing private small sewage system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private small sewage system.

SB45, s. 2205 Section 2205. 145.20 (3) (a) and (b) of the statutes are amended to read:

SB45,1033,16 145.20 (3) (a) 1. The department may specify categories of private small sewage systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private small sewage systems.

SB45,1034,6 2. The department may exempt a governmental unit from any category of private small sewage systems for which departmental approval is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department shall submit a report under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

SB45,1034,11 (b) The department shall review the private small sewage system program in each governmental unit responsible for the regulation of private small sewage systems to ascertain compliance with sub. (2) and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

SB45, s. 2206 Section 2206. 145.20 (3) (c) of the statutes is amended to read:

SB45,1034,24 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private sewage systems does not adopt a private sewage system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private sewage system until the violation is corrected department may issue an order directing the governmental unit to remedy the violation.

SB45, s. 2207 Section 2207 . 145.20 (3) (c) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1035,13 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private small sewage systems does not adopt a private small sewage system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the department may issue an order directing the governmental unit to remedy the violation.

SB45, s. 2208 Section 2208. 145.20 (4) of the statutes is amended to read:

SB45,1035,19 145.20 (4) Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private small sewage system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under s. 66.60.

SB45, s. 2209 Section 2209. 145.24 of the statutes is amended to read:

SB45,1035,25 145.24 Variances. (1) If an existing private small sewage system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13, the owner of the private small sewage system may petition the department for a variance to the siting or design standards.

SB45,1036,3 (2) The department shall establish procedures for the review and evaluation of existing private small sewage systems which do not comply with siting or design standards.

SB45,1036,12 (3) Upon receipt of a petition for a variance, the department shall require the owner of the private small sewage system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private small sewage system is not a failing private small sewage system, and continued use of the existing private small sewage system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private small sewage system. The department shall rescind the variance if the existing private small sewage system becomes a failing private small sewage system or contaminates waters of the state.

SB45, s. 2210 Section 2210. 145.245 (title) of the statutes is amended to read:

SB45,1036,15 145.245 (title) Private Small sewage system replacement or rehabilitation.

SB45, s. 2211 Section 2211. 145.245 (1) (a) 1. of the statutes is amended to read:

SB45,1036,20 145.245 (1) (a) 1. A determination that a private small sewage system is failing, according to the criteria under sub. (4), based on an inspection of the private small sewage system by an employe of the state or a governmental unit who is certified to inspect private small sewage systems by the department.

SB45, s. 2212 Section 2212. 145.245 (1) (ae) of the statutes is amended to read:

SB45,1036,24 145.245 (1) (ae) "Governmental unit" means a governmental unit responsible for the regulation of private small sewage systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.

SB45, s. 2213 Section 2213 . 145.245 (3) of the statutes is amended to read:

SB45,1037,16 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private small 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 small sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 small sewage system inspector certified under ss. 101.66 and 145.02 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.

SB45, s. 2214 Section 2214. 145.245 (3) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

SB45,1038,5 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement small sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department shall establish by rule a schedule for the inspection or pumping of the small sewage system. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, by a small sewage system inspector certified under ss. 101.66 and 145.02 or by an employe of the state or governmental unit designated by the department. 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.

SB45, s. 2215 Section 2215. 145.245 (3) (d) of the statutes is amended to read:

SB45,1038,13 145.245 (3) (d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private small sewage systems and employes and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private small sewage system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

SB45, s. 2216 Section 2216. 145.245 (4) (intro.) of the statutes is amended to read:

SB45,1038,18 145.245 (4) Failing private small sewage systems. (intro.) The department shall establish criteria for determining if a private small sewage system is a failing private small sewage system. A failing private small sewage system is one which causes or results in any of the following conditions:

SB45, s. 2217 Section 2217. 145.245 (4) (b) of the statutes is amended to read:

SB45,1038,21 145.245 (4) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private small sewage system.

SB45, s. 2218 Section 2218. 145.245 (4) (e) of the statutes is amended to read:

SB45,1038,24 145.245 (4) (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private small sewage system.

SB45, s. 2219 Section 2219. 145.245 (4m) of the statutes is amended to read:

SB45,1039,3 145.245 (4m) Categories of failing private small sewage systems. For the purposes of this section, the department shall establish the category of each failing private small sewage system for which a grant application is submitted, as follows:

SB45,1039,5 (a) Category 1: failing private small sewage systems described in sub. (4) (a) to (c).