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).
SB45, s. 2230
3Section
2230. 145.245 (6) of the statutes is amended to read:
SB45,1043,84
145.245
(6) Use of funds. (a) Except for grants under par. (b), funds available
5under a grant under this section shall be applied to the rehabilitation or replacement
6of the
private small sewage system. An existing
private small sewage system may
7be replaced by an alternative
private small sewage system or by a system serving
8more than one principal residence.
SB45,1043,119
(b) Funds available under a grant under this section for experimental
private 10small sewage systems shall be applied to the installation and monitoring of the
11experimental
private small sewage systems.
SB45, s. 2231
12Section
2231. 145.245 (7) of the statutes is amended to read:
SB45,1043,1713
145.245
(7) Allowable costs; state share. (a) Except as provided in par. (e),
14costs allowable in determining grant funding under this section may not exceed the
15costs of rehabilitating or replacing a
private small sewage system which would be
16necessary to allow the rehabilitated system or new system to meet the minimum
17requirements of the state plumbing code promulgated under s. 145.13.
SB45,1043,2018
(b) Except as provided in par. (e), costs allowable in determining grant funding
19under this section may not exceed the costs of rehabilitating or replacing a
private 20small sewage system by the least costly methods.
SB45,1044,1221
(c) Except as provided in pars. (d) and (e), the state grant share under this
22section is limited to $7,000 for each principal residence or small commercial
23establishment to be served by the
private small sewage system or to the amount
24determined by the department based upon
private small sewage system grant
25funding tables, whichever is less. The department shall prepare and publish
private
1small sewage system grant funding tables which specify the maximum state share
2limitation for various components and costs involved in the rehabilitation or
3replacement of a
private small sewage system based upon minimum size and other
4requirements specified in the state plumbing code promulgated under s. 145.02. The
5maximum state share limitations shall be designed to pay approximately 60% of the
6average allowable cost of
private small sewage system rehabilitation or replacement
7based upon estimated or actual costs of that rehabilitation or replacement. The
8department shall revise the grant funding tables when it determines that 60% of
9current costs of
private small sewage system rehabilitation or replacement exceed
10the amounts in the grant funding tables by more than 10%, except that the
11department may not revise the grant funding tables more often than once every 2
12years.
SB45,1044,1713
(d) Except as provided in par. (e), if the income of a person who owns a principal
14residence that is served by a category 1 or 2 failing
private small sewage system is
15greater than $32,000, the amount of the grant under this section is limited to the
16amount determined under par. (c) less 30% of the amount by which the person's
17income exceeds $32,000.
SB45,1044,2318
(e) Costs allowable for experimental
private small sewage systems shall
19include the costs of installing and monitoring experimental
private small sewage
20systems installed under s. 145.02 (3) (b) and this section. The department shall
21promulgate rules that specify how the department will select, monitor and allocate
22the state share for experimental
private small sewage systems that the department
23funds under this section.
SB45, s. 2232
24Section
2232. 145.245 (8) (a) of the statutes is amended to read:
SB45,1045,8
1145.245
(8) (a) In order to be eligible for a grant under this section, a
2governmental unit shall make an application for replacement or rehabilitation of
3private small sewage systems of principal residences or small commercial
4establishments and shall submit an application for participation to the department.
5The application shall be in the form and include the information the department
6prescribes. In order to be eligible for funds available in a fiscal year, an application
7is required to be received by the department prior to February 1 of the previous fiscal
8year.
SB45, s. 2233
9Section
2233. 145.245 (9) (b) of the statutes is amended to read:
SB45,1045,1410
145.245
(9) (b) Certify that grants will be used for
private small sewage system
11replacement or rehabilitation for a principal residence or small commercial
12establishment owned by a person who meets the eligibility requirements under sub.
13(5), that the funds will be used as provided under sub. (6) and that allowable costs
14will not exceed the amount permitted under sub. (7);
SB45, s. 2234
15Section
2234. 145.245 (9) (c) of the statutes is amended to read:
SB45,1045,1716
145.245
(9) (c) Certify that grants will be used for
private small sewage systems
17which will be properly installed and maintained;
SB45, s. 2235
18Section
2235. 145.245 (9) (e) of the statutes is amended to read:
SB45,1045,2019
145.245
(9) (e) Establish a process for regulation and inspection of
private 20small sewage systems;
SB45, s. 2236
21Section
2236. 145.245 (11) (e) of the statutes is amended to read:
SB45,1045,2522
145.245
(11) (e)
Limitation; experimental
private small sewage systems. The
23department may not allocate more than 10% of the funds available under this
24subsection each fiscal year for grants for the installation and monitoring of
25experimental
private small sewage systems.
SB45, s. 2237
1Section
2237. 145.245 (11m) (b) to (d) of the statutes are amended to read:
SB45,1046,52
145.245
(11m) (b) Except as provided in par. (d), if funds are sufficient to fully
3fund all category 1 but not all category 2 failing
private small sewage systems, the
4department shall fully fund all category 1 systems and prorate the funds for category
52 systems on a proportional basis.
SB45,1046,96
(c) Except as provided in par. (d), if funds are not sufficient to fully fund all
7category 1 failing
private small sewage systems, the department shall fund the
8category 1 systems on a proportional basis and deny the grant applications for all
9category 2 systems.
SB45,1046,1110
(d) The department is not required to prorate available funds for grants for the
11installation and monitoring of experimental
private
small sewage systems.
SB45, s. 2238
12Section
2238. 145.245 (12m) of the statutes is created to read:
SB45,1046,2113
145.245
(12m) Loans to governmental units. (a) A governmental unit to
14which the department allocates funds under sub. (11) for a fiscal year may apply to
15the department for a loan under this subsection if the department prorates funds
16under sub. (11m) for that fiscal year. A governmental unit may only use a loan under
17this subsection to increase the amounts of grants to persons eligible under sub. (5)
18above the amounts that would be provided without a loan under this subsection or
19to provide grants to persons eligible under sub. (5) who would otherwise not receive
20grants, because of the operation of sub. (11m) (c), but the total amount provided to
21a person under this section may not exceed the amount authorized under sub (7).
SB45,1047,322
(b) A loan under this subsection bears no interest. A loan under this subsection
23may not exceed the difference between the amount of the grant that the
24governmental unit would have received if the department had not prorated grants
25under sub. (11) and the amount of the grant that the governmental unit did receive.
1If the amount available for loans under s. 20.320 (3) (q) in a fiscal year is not sufficient
2to provide loans to all eligible governmental units applying for loans, the department
3shall allocate the available funds in the same manner as in sub. (11) (c).
SB45,1047,64
(c) A loan approved under this subsection shall be for no longer than 20 years,
5as determined by the department of administration, and be fully amortized not later
6than 20 years after the original date of the note.
SB45,1047,87
(d) As a condition of receiving a loan under this subsection an applicant shall
8do all of the following:
SB45,1047,109
1. Pledge the security, if any, required by the department of administration
10under this subsection.
SB45,1047,1211
2. Demonstrate to the satisfaction of the department of administration the
12financial capacity to assure sufficient revenues to repay the loan.
SB45,1047,1613
(e) The department of commerce and the department of administration may
14enter into a financial assistance agreement with a governmental unit that applies
15for a loan under this subsection and meets the eligibility requirements for a loan,
16including the requirements under par. (d).
SB45,1047,2417
(f) The department of administration, in consultation with the department of
18commerce, may establish those terms and conditions of a financial assistance
19agreement that relate to its financial management, including what type of municipal
20obligation is required for the repayment of the financial assistance. In setting the
21terms and conditions, the department of administration may consider factors that
22the department of administration finds are relevant, including the type of obligation
23evidencing the loan, the pledge of security for the obligation and the applicant's
24creditworthiness.
SB45,1048,4
1(g) The department of administration shall make and disburse a loan to an
2applicant that has entered into a financial assistance agreement under par. (e). The
3department of administration, in consultation with the department of commerce,
4shall establish procedures for disbursing loans.
SB45,1048,135
(h) If a governmental unit fails to make a principal repayment after its due
6date, the department of administration shall place on file a certified statement of all
7amounts due under this subsection. After consulting the department of commerce,
8the department of administration may collect all amounts due by deducting those
9amounts from any state payments due the governmental unit or may add a special
10charge to the amount of taxes apportioned to and levied upon the county under s.
1170.60. If the department of administration collects amounts due, it shall remit those
12amounts to the fund to which they are due and notify the department of commerce
13of that action.
SB45, s. 2239
14Section
2239. 145.245 (13) of the statutes is amended to read:
SB45,1048,1915
145.245
(13) Inspection. Agents of the department or the governmental unit
16may enter premises where
private small sewage systems are located pursuant to a
17special inspection warrant as required under s. 66.122, to collect samples, records
18and information and to ascertain compliance with the rules and orders of the
19department or the governmental unit.
SB45, s. 2240
20Section
2240. 145.245 (14) (d) of the statutes is amended to read: