SB45: Bill Text

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).

SB45,1039,6 (b) Category 2: failing private small sewage systems described in sub. (4) (d).

SB45,1039,7 (c) Category 3: failing private small sewage systems described in sub. (4) (e).

SB45, s. 2220 Section 2220. 145.245 (5) (a) 1. of the statutes is amended to read:

SB45,1039,16 145.245 (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 private sewage system was installed before July 1, 1978, 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.

SB45, s. 2221 Section 2221 . 145.245 (5) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1040,2 145.245 (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 small sewage system, if the private small sewage system was installed before July 1, 1978, 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 small sewage system.

SB45, s. 2222 Section 2222. 145.245 (5) (a) 2. of the statutes is amended to read:

SB45,1040,11 145.245 (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 private sewage system was installed before July 1, 1978, 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.

SB45, s. 2223 Section 2223. 145.245 (5) (a) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1040,20 145.245 (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 small sewage system, if the private small sewage system was installed before July 1, 1978, 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 small sewage system.

SB45, s. 2224 Section 2224. 145.245 (5) (a) 3. of the statutes is amended to read:

SB45,1041,2 145.245 (5) (a) 3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private small sewage system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.

SB45, s. 2225 Section 2225. 145.245 (5) (c) 2. of the statutes is amended to read:

SB45,1041,10 145.245 (5) (c) 2. Except as provided under subd. 4., annual family income shall be based upon the federal adjusted gross income of the owner and the owner's spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the determination of failure is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year in which the determination of failure is made.

SB45, s. 2226 Section 2226. 145.245 (5) (c) 3. of the statutes is amended to read:

SB45,1041,21 145.245 (5) (c) 3. In order to be eligible for grant funds under this section, a person shall submit a copy of the designated federal income tax returns for the taxable year prior to the year in which the determination of failure is upon which the determination of federal adjusted gross income under subd. 2. was made together with any application required by the governmental unit. For taxable year 1985 and earlier, the person shall submit a copy of his or her individual or combined Wisconsin income tax return. For taxable year 1986 and thereafter, the person shall submit a copy of his or her joint Wisconsin income tax return or, if filing separately, his or her separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any.

SB45, s. 2227 Section 2227. 145.245 (5) (c) 4. of the statutes is amended to read:

SB45,1042,5 145.245 (5) (c) 4. A governmental unit may disregard the Wisconsin federal income tax return for the taxable year prior to the year in which the determination of failure is made that is submitted under subd. 3. and may determine annual family income based upon satisfactory evidence of federal adjusted gross income or projected taxable federal adjusted gross income of the owner and the owner's spouse in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.

SB45, s. 2228 Section 2228 . 145.245 (5m) (a) of the statutes is amended to read:

SB45,1042,12 145.245 (5m) (a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private small sewage system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.

SB45, s. 2229 Section 2229. 145.245 (5m) (b) of the statutes is amended to read:

SB45,1043,2 145.245 (5m) (b) The department shall notify a governmental unit if it receives a certification under s. 49.855 (7) that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses an individual's name appears on the statewide support lien docket under s. 49.854 (2) (b). The department or a governmental unit shall deny an application under this section if the department receives a certification under s. 49.855 (7) that name of the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses appears on the statewide support lien docket under s. 49.854 (2) (b), unless the applicant or individual who would be benefited by the grant provides to the department or governmental unit a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB45, s. 2230 Section 2230. 145.245 (6) of the statutes is amended to read:

SB45,1043,8 145.245 (6) Use of funds. (a) Except for grants under par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private small sewage system. An existing private small sewage system may be replaced by an alternative private small sewage system or by a system serving more than one principal residence.

SB45,1043,11 (b) Funds available under a grant under this section for experimental private small sewage systems shall be applied to the installation and monitoring of the experimental private small sewage systems.

SB45, s. 2231 Section 2231. 145.245 (7) of the statutes is amended to read:

SB45,1043,17 145.245 (7) Allowable costs; state share. (a) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private small sewage system which would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13.

SB45,1043,20 (b) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private small sewage system by the least costly methods.

SB45,1044,12 (c) Except as provided in pars. (d) and (e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private small sewage system or to the amount determined by the department based upon private small sewage system grant funding tables, whichever is less. The department shall prepare and publish private small sewage system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private small sewage system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private small sewage system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private small sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.

SB45,1044,17 (d) Except as provided in par. (e), if the income of a person who owns a principal residence that is served by a category 1 or 2 failing private small sewage system is greater than $32,000, the amount of the grant under this section is limited to the amount determined under par. (c) less 30% of the amount by which the person's income exceeds $32,000.

SB45,1044,23 (e) Costs allowable for experimental private small sewage systems shall include the costs of installing and monitoring experimental private small sewage systems installed under s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private small sewage systems that the department funds under this section.

SB45, s. 2232 Section 2232. 145.245 (8) (a) of the statutes is amended to read:

SB45,1045,8 145.245 (8) (a) In order to be eligible for a grant under this section, a governmental unit shall make an application for replacement or rehabilitation of private small sewage systems of principal residences or small commercial establishments and shall submit an application for participation to the department. The application shall be in the form and include the information the department prescribes. In order to be eligible for funds available in a fiscal year, an application is required to be received by the department prior to February 1 of the previous fiscal year.

SB45, s. 2233 Section 2233. 145.245 (9) (b) of the statutes is amended to read:

SB45,1045,14 145.245 (9) (b) Certify that grants will be used for private small sewage system replacement or rehabilitation for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements under sub. (5), that the funds will be used as provided under sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);

SB45, s. 2234 Section 2234. 145.245 (9) (c) of the statutes is amended to read:

SB45,1045,17 145.245 (9) (c) Certify that grants will be used for private small sewage systems which will be properly installed and maintained;

SB45, s. 2235 Section 2235. 145.245 (9) (e) of the statutes is amended to read:

SB45,1045,20 145.245 (9) (e) Establish a process for regulation and inspection of private small sewage systems;

SB45, s. 2236 Section 2236. 145.245 (11) (e) of the statutes is amended to read: