SB45,1029,13
10(4) Information on sanitary permits; forms. (a)
The department shall
11prescribe the information to be included on the sanitary permit and shall furnish
12sanitary permit forms to the governmental unit responsible for the regulation of
13private small sewage systems.
SB45,1029,1914
(b) The applicant for a sanitary permit shall submit a completed sanitary
15permit application to the governmental unit responsible for the regulation of private
16small sewage systems or the department. The governmental unit responsible for the
17regulation of
private small sewage systems or the department, whichever is
18appropriate, shall approve or disapprove the sanitary permit application according
19to the rules promulgated by the department under ss. 145.02 and 145.13.
SB45,1029,24
20(5) Fee. No fee for a sanitary permit may be less than $61, or the amount
21determined under department rule. The governing body for the governmental unit
22responsible for the regulation of
private small sewage systems may establish a fee
23for a sanitary permit which is more than $61, or the amount determined under
24department rule.
SB45,1030,4
1(6) Copy of permit forwarded to the department. The governmental unit
2responsible for the regulation of
private small sewage systems shall forward a copy
3of each valid sanitary permit and $20, or the amount determined under department
4rule, of the fee to the department within 90 days after the permit is issued.
SB45,1030,7
5(7) Use of fee. The governmental unit responsible for the regulation of
private 6small sewage systems shall use the portion of the fee it retains for the administration
7of
private small sewage system programs.
SB45,1030,14
8(9) Groundwater fee. In addition to the fee under sub. (5), the governmental
9unit responsible for the regulation of
private small sewage systems or the
10department shall collect a groundwater fee of $25 for each sanitary permit. The
11governmental unit shall forward this fee to the department together with the copy
12of the sanitary permit and the fee under sub. (6). The moneys collected under this
13subsection shall be credited to the environmental fund for environmental
14management.
SB45, s. 2195
15Section
2195. 145.20 (title) of the statutes is amended to read:
SB45,1030,16
16145.20 (title)
Private Small sewage systems.
SB45, s. 2196
17Section
2196. 145.20 (1) of the statutes is amended to read:
SB45,1030,2218
145.20
(1) Organization and personnel. (a) The governing body of the
19governmental unit responsible for the regulation of
private small sewage systems
20may assign the duties of administering the
private
small sewage system program to
21any office, department, committee, board, commission, position or employe of that
22governmental unit.
SB45,1031,423
(am) The governing body of the governmental unit responsible for the
24regulation of
private small sewage systems may delegate the duties of administering
25the
private small sewage system program to a town sanitary district or public inland
1lake protection and rehabilitation district with the powers of a town sanitary district
2within the town sanitary district or public inland lake protection and rehabilitation
3district if the town sanitary district or public inland lake protection and
4rehabilitation district agrees to assume those duties.
SB45,1031,75
(b) The governmental unit responsible for the regulation of
private small 6sewage systems shall obtain the services of a certified soil tester, either as an employe
7or under contract, to review and verify certified soil tester reports under sub. (2).
SB45, s. 2197
8Section
2197. 145.20 (1) (ar) of the statutes is created to read:
SB45,1031,139
145.20
(1) (ar) The governmental unit responsible for the regulation of private
10sewage systems may, with the department's consent, delegate the administration of
11any of the responsibilities under sub. (2) to the department. If the department
12consents to the delegation, it may contract for the administration of the delegated
13responsibilities.
SB45, s. 2198
14Section
2198. 145.20 (1) (ar) of the statutes, as created by 1999 Wisconsin Act
15.... (this act), is amended to read:
SB45,1031,2016
145.20
(1) (ar) The governmental unit responsible for the regulation of
private 17small sewage systems may, with the department's consent, delegate the
18administration of any of the responsibilities under sub. (2) to the department. If the
19department consents to the delegation, it may contract for the administration of the
20delegated responsibilities.
SB45, s. 2199
21Section
2199. 145.20 (2) (intro.) of the statutes is amended to read:
SB45,1031,2422
145.20
(2) Governmental unit responsibilities. (intro.)
The Except as
23provided under sub. (1) (am) and (ar), the governmental unit responsible for the
24regulation of private sewage systems shall:
SB45, s. 2200
1Section
2200
. 145.20 (2) (intro.) of the statutes, as affected by 1999 Wisconsin
2Act .... (this act), is amended to read:
SB45,1032,53
145.20
(2) Governmental unit responsibilities. (intro.) Except as provided
4under sub. (1) (am) and (ar), the governmental unit responsible for the regulation of
5private small sewage systems shall:
SB45, s. 2201
6Section
2201. 145.20 (2) (a) of the statutes is amended to read:
SB45,1032,87
145.20
(2) (a) Review certified soil tester reports for proposed
private small 8sewage systems and verify the report at the proposed site, if necessary.
SB45, s. 2202
9Section
2202. 145.20 (2) (am) of the statutes is created to read:
SB45,1032,1410
145.20
(2) (am) Retain the results of any percolation test or other test relating
11to the disposal of liquid domestic wastes into the soil, make the test results available
12to an applicant for a sanitary permit and accept the test results as the basis for a
13sanitary permit application, unless the soil at the test site is altered to the extent that
14a new soil test is necessary.
SB45, s. 2203
15Section
2203. 145.20 (2) (b) of the statutes is amended to read:
SB45,1032,1816
145.20
(2) (b)
Approve or disapprove applications for sanitary permits and
17assist Assist applicants in preparing
an approvable
application sanitary permit
18applications.
SB45, s. 2204
19Section
2204. 145.20 (2) (d) to (h) of the statutes are amended to read:
SB45,1032,2220
145.20
(2) (d) Inspect all
private
small sewage systems after construction but
21before backfilling no later than the end of the next workday, excluding Saturdays,
22Sundays and holidays, after receiving notice from the plumber in charge.
SB45,1032,2523
(e) File reports and conduct surveys and inspections as required by the
24governmental unit responsible for the regulation of
private small sewage systems or
25the department.
SB45,1033,3
1(f) Investigate violations of the
private
small sewage system ordinance and s.
2254.59 (2), issue orders to abate the violations and submit orders to the district
3attorney, corporation counsel or attorney general for enforcement.
SB45,1033,64
(g) Perform other duties regarding
private small sewage systems as considered
5appropriate by the governmental unit responsible for the regulation of
private small 6sewage systems or as required by the rules of the department.
SB45,1033,117
(h) Inspect existing
private small sewage systems to determine compliance
8with s. 66.036 if a building or structure is being constructed which requires
9connection to an existing
private small sewage system. The county is not required
10to conduct an on-site inspection if a building or structure is being constructed which
11does not require connection to an existing
private
small sewage system.
SB45, s. 2205
12Section
2205. 145.20 (3) (a) and (b) of the statutes are amended to read:
SB45,1033,1613
145.20
(3) (a) 1. The department may specify categories of
private small sewage
14systems for which approval by the department is required prior to issuance of
15sanitary permits by the governmental unit responsible for the regulation of
private 16small sewage systems.
SB45,1034,617
2. The department may exempt a governmental unit from any category of
18private small sewage systems for which departmental approval is required prior to
19sanitary permit issuance under subd. 1., upon a determination, in accordance with
20rules promulgated by the department, that past performance of the governmental
21unit on reviews and audits under par. (b) has been satisfactory and that the
22governmental unit has the capacity to give the same level of application and plan
23review as that provided by the department. The department may revoke an
24exemption upon a finding that performance of the governmental unit on a review or
25audit conducted subsequent to the granting of the exemption is unsatisfactory or
1that the governmental unit is not giving the same level of application and plan
2review as that provided by the department. Findings in a revocation action may be
3made only after a public hearing upon 30 days' advance notice to the clerk of the
4governmental unit. The department shall submit a report under s. 13.172 (2) to the
5chief clerk of each house of the legislature, at the beginning of each legislative
6session, describing the exemptions under this subdivision.
SB45,1034,117
(b) The department shall review the
private small sewage system program in
8each governmental unit responsible for the regulation of
private small sewage
9systems to ascertain compliance with sub. (2) and with regulations issued by the
10department. This review shall include a random audit of sanitary permits, including
11verification by on-site inspection.
SB45, s. 2206
12Section
2206. 145.20 (3) (c) of the statutes is amended to read:
SB45,1034,2413
145.20
(3) (c) If the governing body for a governmental unit responsible for the
14regulation of private sewage systems does not adopt a private sewage system
15ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does
16not appoint personnel meeting the requirements of sub. (1) or if the governmental
17unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department
18may conduct hearings in the county seat upon 30 days' notice to the county clerk.
19As soon as practicable after the public hearing, the department shall issue a written
20decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the
21department determines that there is a violation of these provisions, the
22governmental unit may not issue a sanitary permit for the installation of a private
23sewage system until the violation is corrected department may issue an order
24directing the governmental unit to remedy the violation.
SB45, s. 2207
1Section
2207
. 145.20 (3) (c) of the statutes, as affected by 1999 Wisconsin Act
2.... (this act), is amended to read:
SB45,1035,133
145.20
(3) (c) If the governing body for a governmental unit responsible for the
4regulation of
private small sewage systems does not adopt a
private small sewage
5system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit
6does not appoint personnel meeting the requirements of sub. (1) or if the
7governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3),
8the department may conduct hearings in the county seat upon 30 days' notice to the
9county clerk. As soon as practicable after the public hearing, the department shall
10issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub.
11(1) or (2). If the department determines that there is a violation of these provisions,
12the department may issue an order directing the governmental unit to remedy the
13violation.
SB45, s. 2208
14Section
2208. 145.20 (4) of the statutes is amended to read:
SB45,1035,1915
145.20
(4) Special assessment for holding and septic tank pumping. A
16governmental unit may assess the owner of a
private
small sewage system for costs
17related to the pumping of a septic or holding tank. The governmental unit shall make
18any assessment in the same manner that a city, village or town makes an assessment
19under s. 66.60.
SB45, s. 2209
20Section
2209. 145.24 of the statutes is amended to read:
SB45,1035,25
21145.24 Variances. (1) If an existing
private small sewage system either is not
22located in soil meeting the siting standards or is not constructed in accordance with
23design standards promulgated under s. 145.02 or 145.13, the owner of the
private 24small sewage system may petition the department for a variance to the siting or
25design standards.
SB45,1036,3
1(2) The department shall establish procedures for the review and evaluation
2of existing
private small sewage systems which do not comply with siting or design
3standards.
SB45,1036,12
4(3) Upon receipt of a petition for a variance, the department shall require the
5owner of the
private small sewage system to submit information necessary to
6evaluate the request for a variance. If the department determines that the existing
7private small sewage system is not a failing
private small sewage system, and
8continued use of the existing
private small sewage system will not pose a threat of
9contamination of waters of the state, then the department may issue a variance to
10allow continued use of the existing
private small sewage system. The department
11shall rescind the variance if the existing
private
small sewage system becomes a
12failing
private small sewage system or contaminates waters of the state.
SB45, s. 2210
13Section
2210. 145.245 (title) of the statutes is amended to read:
SB45,1036,15
14145.245 (title)
Private Small sewage system replacement or
15rehabilitation.
SB45, s. 2211
16Section
2211. 145.245 (1) (a) 1. of the statutes is amended to read:
SB45,1036,2017
145.245
(1) (a) 1. A determination that a
private small sewage system is failing,
18according to the criteria under sub. (4), based on an inspection of the
private small 19sewage system by an employe of the state or a governmental unit who is certified to
20inspect
private small sewage systems by the department.
SB45, s. 2212
21Section
2212. 145.245 (1) (ae) of the statutes is amended to read:
SB45,1036,2422
145.245
(1) (ae) "Governmental unit" means a governmental unit responsible
23for the regulation of
private small sewage systems. "Governmental unit" also
24includes a federally recognized American Indian tribe or band.
SB45, s. 2213
25Section
2213
. 145.245 (3) of the statutes is amended to read:
SB45,1037,16
1145.245
(3) Maintenance. The department shall establish a maintenance
2program to be administered by governmental units. The maintenance program is
3applicable to all new or replacement
private small sewage systems constructed in a
4governmental 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 small sewage system at least once every 3 years. Inspections
7may be conducted by a master plumber, journeyman plumber or restricted plumber
8licensed under this chapter, a
person licensed under s. 281.48 small sewage system
9inspector certified under ss. 101.66 and 145.02 or by an employe of the state or
10governmental unit designated by the department.
The department of natural
11resources may suspend or revoke a license issued under s. 281.48 or a certificate
12issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the
13department of natural resources finds that the licensee or operator falsified
14information on inspection forms. The department of commerce may suspend or
15revoke the license of a plumber licensed under this chapter if the department finds
16that the plumber falsified information on inspection forms.
SB45, s. 2214
17Section
2214. 145.245 (3) of the statutes, as affected by 1999 Wisconsin Act
18.... (this act), is repealed and recreated to read:
SB45,1038,519
145.245
(3) Maintenance. The department shall establish a maintenance
20program to be administered by governmental units. The maintenance program is
21applicable to all new or replacement small sewage systems constructed in a
22governmental unit after the date on which the governmental unit adopts this
23program. The department shall establish by rule a schedule for the inspection or
24pumping of the small sewage system. Inspections may be conducted by a master
25plumber, journeyman plumber or restricted plumber licensed under this chapter, by
1a small sewage system inspector certified under ss. 101.66 and 145.02 or by an
2employe of the state or governmental unit designated by the department. The
3department of commerce may suspend or revoke the license of a plumber licensed
4under this chapter if the department finds that the plumber falsified information on
5inspection forms.
SB45, s. 2215
6Section
2215. 145.245 (3) (d) of the statutes is amended to read:
SB45,1038,137
145.245
(3) (d) The department shall conduct training and informational
8programs for officials of the governmental unit responsible for the regulation of
9private small sewage systems and employes and persons licensed under this chapter
10and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17
11(3) to improve the delivery of service under the
private small sewage system
12program. The department shall obtain the assistance of the Wisconsin counties
13association in planning and conducting the training and informational programs.
SB45, s. 2216
14Section
2216. 145.245 (4) (intro.) of the statutes is amended to read:
SB45,1038,1815
145.245
(4) Failing private small sewage systems. (intro.) The department
16shall establish criteria for determining if a
private
small sewage system is a failing
17private small sewage system. A failing
private small sewage system is one which
18causes or results in any of the following conditions:
SB45, s. 2217
19Section
2217. 145.245 (4) (b) of the statutes is amended to read:
SB45,1038,2120
145.245
(4) (b) The introduction of sewage into zones of saturation which
21adversely affects the operation of a
private small sewage system.
SB45, s. 2218
22Section
2218. 145.245 (4) (e) of the statutes is amended to read:
SB45,1038,2423
145.245
(4) (e) The failure to accept sewage discharges and back up of sewage
24into the structure served by the
private small sewage system.
SB45, s. 2219
25Section
2219. 145.245 (4m) of the statutes is amended to read:
SB45,1039,3
1145.245
(4m) Categories of failing private small sewage systems. For the
2purposes of this section, the department shall establish the category of each failing
3private small sewage system for which a grant application is submitted, as follows:
SB45,1039,54
(a) Category 1: failing
private small sewage systems described in sub. (4) (a)
5to (c).
SB45,1039,66
(b) Category 2: failing
private small sewage systems described in sub. (4) (d).
SB45,1039,77
(c) Category 3: failing
private small sewage systems described in sub. (4) (e).
SB45, s. 2220
8Section
2220. 145.245 (5) (a) 1. of the statutes is amended to read:
SB45,1039,169
145.245
(5) (a) 1. A person is eligible for grant funds under this section if he or
10she owns a principal residence which is served by a category 1 or 2 failing private
11sewage system, if the
residence was constructed prior to and inhabited on private
12sewage system was installed before July 1, 1978, if the family income of the person
13does not exceed the income limitations under par. (c), if the amount of the grant
14determined under sub. (7) is at least $100, if the residence is not located in an area
15served by a sewer and if determination of failure is made prior to the rehabilitation
16or replacement of the failing private sewage system.
SB45, s. 2221
17Section
2221
. 145.245 (5) (a) 1. of the statutes, as affected by 1999 Wisconsin
18Act .... (this act), is amended to read:
SB45,1040,219
145.245
(5) (a) 1. A person is eligible for grant funds under this section if he or
20she owns a principal residence which is served by a category 1 or 2 failing
private 21small sewage system, if the
private
small sewage system was installed before July
221, 1978, if the family income of the person does not exceed the income limitations
23under par. (c), if the amount of the grant determined under sub. (7) is at least $100,
24if the residence is not located in an area served by a sewer and if determination of
1failure is made prior to the rehabilitation or replacement of the failing
private small 2sewage system.
SB45, s. 2222
3Section
2222. 145.245 (5) (a) 2. of the statutes is amended to read:
SB45,1040,114
145.245
(5) (a) 2. A business is eligible for grant funds under this section if it
5owns a small commercial establishment which is served by a category 1 or 2 failing
6private sewage system, if the
small commercial establishment was constructed prior
7to private sewage system was installed before July 1, 1978, if the gross revenue of
8the business does not exceed the limitation under par. (d), if the small commercial
9establishment is not located in an area served by a sewer and if a determination of
10failure is made prior to the rehabilitation or replacement of the private sewage
11system.
SB45, s. 2223
12Section
2223. 145.245 (5) (a) 2. of the statutes, as affected by 1999 Wisconsin
13Act .... (this act), is amended to read:
SB45,1040,2014
145.245
(5) (a) 2. A business is eligible for grant funds under this section if it
15owns a small commercial establishment which is served by a category 1 or 2 failing
16private small sewage system, if the
private small sewage system was installed before
17July 1, 1978, if the gross revenue of the business does not exceed the limitation under
18par. (d), if the small commercial establishment is not located in an area served by a
19sewer and if a determination of failure is made prior to the rehabilitation or
20replacement of the
private small sewage system.
SB45, s. 2224
21Section
2224. 145.245 (5) (a) 3. of the statutes is amended to read:
SB45,1041,222
145.245
(5) (a) 3. A person who owns a principal residence or small commercial
23establishment which is served by a category 1 or 2 failing
private small sewage
24system may submit an application for grant funds during the 3-year period after the
25determination of failure is made. Grant funds may be awarded after work is
1completed if rehabilitation or replacement of the system meets all requirements of
2this section and rules promulgated under this section.
SB45, s. 2225
3Section
2225. 145.245 (5) (c) 2. of the statutes is amended to read:
SB45,1041,104
145.245
(5) (c) 2. Except as provided under subd. 4., annual family income shall
5be based upon the
federal adjusted gross income of the owner and the owner's spouse,
6if any, as computed
for Wisconsin income tax purposes for the taxable year prior to
7the year in which the determination of failure is made.
The county median income
8shall be determined based upon the most recent statistics published by the federal
9department of housing and urban development for the year prior to the year in which
10the determination of failure is made.
SB45, s. 2226
11Section
2226. 145.245 (5) (c) 3. of the statutes is amended to read:
SB45,1041,2112
145.245
(5) (c) 3. In order to be eligible for grant funds under this section, a
13person shall submit a copy of the
designated federal income tax returns
for the
14taxable year prior to the year in which the determination of failure is upon which the
15determination of federal adjusted gross income under subd. 2. was made together
16with any application required by the governmental unit.
For taxable year 1985 and
17earlier, the person shall submit a copy of his or her individual or combined Wisconsin
18income tax return. For taxable year 1986 and thereafter, the person shall submit a
19copy of his or her joint Wisconsin income tax return or, if filing separately, his or her
20separate Wisconsin income tax return and the separate Wisconsin income tax return
21of his or her spouse, if any.
SB45, s. 2227
22Section
2227. 145.245 (5) (c) 4. of the statutes is amended to read:
SB45,1042,523
145.245
(5) (c) 4. A governmental unit may disregard the
Wisconsin federal 24income tax return
for the taxable year prior to the year in which the determination
25of failure is made that is submitted under subd. 3. and may determine annual family
1income based upon satisfactory evidence of
federal adjusted gross income or
2projected
taxable federal adjusted gross income of the owner and the owner's spouse
3in the current year. The department shall promulgate rules establishing criteria for
4determining what constitutes satisfactory evidence of
federal adjusted gross income
5or projected
federal adjusted gross income in a current year.
SB45, s. 2228
6Section
2228
. 145.245 (5m) (a) of the statutes is amended to read:
SB45,1042,127
145.245
(5m) (a) The department or a governmental unit shall deny a grant
8application under this section if the applicant or a person who would be directly
9benefited by the grant intentionally caused the conditions which resulted in a
10category 1 or 2 failing
private small sewage system. The department or
11governmental unit shall notify the applicant in writing of a denial, including the
12reason for the denial.
SB45, s. 2229
13Section
2229. 145.245 (5m) (b) of the statutes is amended to read:
SB45,1043,214
145.245
(5m) (b) The department shall notify a governmental unit if
it receives
15a certification under s. 49.855 (7) that an individual is delinquent in child support
16or maintenance payments or owes past support, medical expenses or birth expenses 17an individual's name appears on the statewide support lien docket under s. 49.854
18(2) (b). The department or a governmental unit shall deny an application under this
19section if the
department receives a certification under s. 49.855 (7) that name of the
20applicant or an individual who would be directly benefited by the grant
is delinquent
21in child support or maintenance payments or owes past support, medical expenses
22or birth expenses appears on the statewide support lien docket under s. 49.854 (2)
23(b), unless the applicant or individual who would be benefited by the grant provides
24to the department or governmental unit a payment agreement that has been
1approved by the county child support agency under s. 59.53 (5) and that is consistent
2with rules promulgated under s. 49.858 (2) (a).