2005 Wisconsin Act 347

145.20 (2) (i) Adopt and enforce the maintenance program under sub. (5).

Note: This provision adds to the list of county duties for the private sewage system regulatory program a reference to the maintenance program that is modified and expanded in the next Section of the bill that renumbers and amends s. 145.245 (3).

347,14 Section 14. 145.245 (3) of the statutes is renumbered 145.20 (5) and amended to read:

145.20 (5) Maintenance. (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage systems. The department shall determine the private sewage systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private sewage systems constructed in a governmental unit responsible for the regulation of private sewage systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9), except that the maintenance program in these governmental units does not commence until January 1, 2008.

(b) The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years if the private sewage system does not have a maintenance plan as prescribed by rule by the department. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private sewage system that does not have a maintenance plan and shall periodically update the methods.

(c) 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.

Note: The department of commerce administers the private sewage system replacement or rehabilitation grant program under s. 145.245, stats. The program is referred to as the Wisconsin fund. This program pays for part of the cost of replacing or rehabilitating failing private sewage systems for eligible individuals and small business owners.

A county must adopt a resolution in which the county agrees to administer the grant program in accordance with state law. One eligibility requirement is that the county where the property is located must adopt and enforce a maintenance program for private sewage systems that are newly installed or replaced after the date that the county adopts the resolution. The maintenance program ensures that inspection and pumping of private sewage systems is done as required. The department of commerce has established the maintenance requirements by administrative rule in s. Comm. 87.60.

This bill moves the county maintenance program statute out of the Wisconsin fund program and into the general department of commerce and county duties for private sewage system regulation, thus making it applicable to all counties. The bill retains the requirement in the current statute that requires inspection or pumping out the contents of a private sewage system at least once every 3 years, but limits this provision to private sewage systems that do not have a maintenance program under current department of commerce rules. The bill directs the department of commerce to specify by rule methods to establish requirements for periodic maintenance of these systems, which will continue to allow counties to adopt more frequent maintenance requirements for these systems. The bill authorizes the department to designate which credentialed professionals may undertake the required inspection, maintenance, or repairs, in addition to those authorized under the current statute.

The current statute requires that the county maintenance program must apply to private sewage systems that are newly installed or replaced after the date that the county adopts the Wisconsin fund grant program. The bill maintains this provision, without change, for counties that participate in the Wisconsin fund grant program. The bill requires the department of commerce to determine which other private sewage systems are subject to the maintenance program, whether or not the county participates in the Wisconsin fund program.

347,15 Section 15. 145.245 (9) (a) of the statutes is amended to read:

145.245 (9) (a) Adopt and administer the maintenance program established under sub. (3) s. 145.20 (5);

347,17 Section 17. 160.27 (5) of the statutes is amended to read:

160.27 (5) Notwithstanding subs. (1) to (3), a regulatory agency may develop and operate a system for monitoring and sampling groundwater to determine compliance with this chapter. This section does not affect the authority of the department to require groundwater monitoring by owners or operators of solid or hazardous waste facilities, water systems or wastewater systems under chs. 280 to 285 or 289 to 299, except s. 281.48.

Note: The groundwater law in s. 160.27 requires the DNR to develop and operate a system for monitoring and sampling groundwater to determine when groundwater standards are exceeded. Section 160.27 (5) clarifies that the groundwater monitoring and sampling system is in addition to, and does not displace, any groundwater monitoring required by the DNR for solid and hazardous waste facilities, water systems, or wastewater systems that are regulated under environmental statutes. The statute should include groundwater monitoring required at septage disposal sites, and the exception is therefore eliminated. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

347,18 Section 18. 196.85 (1m) (c) of the statutes is created to read:

196.85 (1m) (c) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 66.0821 (5) (a) or 200.59 (5) (a) that are initiated under s. 281.49 (11) (d), the term "sewerage system" includes a licensed disposer as defined in s. 281.49 (1) (b).

Note: This provision authorizes the PSC to assess a licensed disposer for the PSC's expenses in formally reviewing a dispute over a septage disposal fee charged by a municipal sewage system in conformance with the allocation of the PSC's expenses under s. 66.0821 (5) or 200.59, as affected by this bill.

347,19 Section 19. 200.59 (5) of the statutes is renumbered 200.59 (5) (a).

347,20 Section 20. 200.59 (5) (b), (c) and (d) of the statutes are created to read:

200.59 (5) (b) For purposes of this subsection, "user" includes a licensed disposer, as defined in s. 281.49 (1) (b), who disposes of septage in the district's facilities under a disposal plan under s. 281.49 (5) and initiates under s. 281.49 (11) (d) a review under par. (a) of a disputed septage disposal fee by the public service commission.

(c) If the public service commission determines in a proceeding under par. (a) that a septage disposal fee is unreasonable, the public service commission shall determine and fix under par. (a) a reasonable fee that conforms with s. 281.49 (5) (c) 4.

(d) Notwithstanding the statutes referenced in par. (a) governing a proceeding under par. (a), the public service commission shall allocate its assessment under s. 196.85 (1) for any expense of the public service commission for a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as specified in s. 66.0821 (5) (e).

Note: Under existing s. 200.59 (5), a "user" of a service provided by the MMSD may file a complaint with the PSC that the rates, rules, and practices of the district are unreasonable or unjustly discriminatory.

The above 2 Sections establish that this complaint process also applies to the district's rates for the disposal of septage by a licensed disposer if the licensed disposer has first sought review of the disputed rate by the municipal sewage system and by the PSC staff under the process specified in the bill.

347,21 Section 21. 281.17 (3) of the statutes is amended to read:

281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3) 145.20 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

347,22 Section 22. 281.41 (3) of the statutes is created to read:

281.41 (3) (a) In this subsection, "septage service area" means the area containing private sewage systems served or anticipated to be served by a sewage disposal plant during the planning period.

(b) If an owner proposes a sewage disposal plant or an extension of an existing sewage disposal plant that increases the capacity of the existing plant by at least 20 percent, the department shall require that owner, in preparing a plan under this section, to address the need for, and include plans for, the disposal of septage, as defined in s. 281.48 (2) (d). The department shall require an owner to address all of the following under this paragraph:

1. The amount of septage produced throughout the septage service area and the expected increase in septage production during the planning period.

2. The capacity for the disposal of septage during the planning period on land within the septage service area, in the sewage disposal plant, and by other available methods.

3. The location of private sewage systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.

4. The potential for contracts with private sewage system owners, licensed disposers, as defined in s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.

(c) In addressing the need for the disposal of septage and the information required under par. (b), the owner is required only to use data or other information that has previously been collected, whether by the owner or by others, and the owner is not required to conduct new research.

(d) The information required under par. (b) is for the purpose of assuring that septage disposal needs are considered in the decision-making process for sewage disposal plant planning, but par. (b) does not require construction of facilities for the handling or disposal of septage.

Note: Facilities plans are prepared for each sewage disposal plant. There currently is not a specific requirement to address the issues related to septage disposal, although these issues could be included in the plans under current law. This bill creates a specific requirement to address septage disposal needs in these plans. The new planning requirement applies to new sewage disposal plants or expansions that increase sewage disposal plant capacity by at least 20 percent. The plans will address such issues as the amount of land and sewage treatment plant capacity available for septage disposal, the location of land disposal sites and sewage disposal plants in relation to the sources of septage, and other related issues. This analysis is for the purpose of assuring that information regarding septage disposal needs is considered in the decision-making process for sewage treatment plant construction and expansion. The bill specifies only that the information must be considered in the decision-making process, and does not require the construction of facilities for handling or disposal of septage.

347,23 Section 23. 281.48 (title) of the statutes is amended to read:

281.48 (title) Servicing septic tanks, soil absorption fields, holding tanks, grease traps interceptors and privies.

347,24 Section 24. 281.48 (2) (b) to (g) of the statutes are amended to read:

281.48 (2) (b) "Grease trap interceptor" means a watertight tank for the collection of grease present in sewage and other wastes, and from which grease may be skimmed from the surface of liquid waste for disposal receptacle designed to intercept and retain grease or fatty substances.

(c) "Privy" means a cavity in the ground or a portable above-ground device constructed for toilet uses which receives human excrement either to be partially absorbed directly by the surrounding soil or stored for decomposition and periodic removal an enclosed nonportable toilet into which human wastes not carried by water are deposited to a subsurface storage chamber that may or may not be watertight.

(d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy , or other component of a private sewage system.

(e) "Septic tank" means and includes a septic toilet, chemical closet and any other watertight enclosure used for storage and anaerobic decomposition of human excrement, or domestic or industrial wastes wastewater.

(f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy, or other component of a private sewage system and disposing of the septage.

(g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar wastewater treatment device component of a private sewage system.

Note: The definitions in this Section are amended to clarify and update the text of the definitions.

347,25 Section 25. 281.48 (2) (bm) of the statutes is created to read:

281.48 (2) (bm) "Private sewage system" has the meaning given in s. 145.01 (12).

Note: The term "private sewage system" is used in current s. 281.48 but is not defined. The cross-referenced definition is the definition used in the statutes under department of commerce jurisdiction for private sewage system regulation.

347,26 Section 26. 281.48 (2m) of the statutes is amended to read:

281.48 (2m) Powers of the department. The department shall have has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies, and other components of private sewage systems.

347,27 Section 27. 281.48 (3) (d) (intro.) of the statutes is renumbered 281.48 (3) (d) and amended to read:

281.48 (3) (d) (intro.) A farmer who disposes of septage on land is exempt from the licensing requirement under par. (a) if all of the following conditions in sub. (4m) (b) apply:.

Note: The current statutes require a person who services (i.e., pumps the contents from) a private sewage system to obtain a license, with one exception. Under the current statutes, a farmer who services a private sewage system is not required to obtain a license if the farmer does all of the following: removes septage from a private sewage system that is located on the same parcel where the septage is disposed of, disposes of no more than 3,000 gallons per week, complies with all regulations related to servicing a private sewage system, and has sufficient land that is suitable for septage disposal. This bill draft narrows the exemption for farmers so that the license exemption is available only to a farmer who services a septic tank, and not to a farmer who services a holding tank or other private sewage system. This bill also states explicitly that the farmer must pump and dispose of the septic tank waste on property that the farmer owns or leases, to make this provision conform to legislative intent.

347,28 Section 28. 281.48 (3) (d) 1. to 4. of the statutes are repealed.

347,29 Section 29. 281.48 (3) (e) of the statutes is amended to read:

281.48 (3) (e) Operator certification. No person, except for a farmer exempted from licensing under par. (d), may service a septage private sewage system or operate a septage servicing vehicle unless the person is certified as an operator of a septage servicing vehicle under s. 281.17 (3).

347,30 Section 30. 281.48 (4g) of the statutes is amended to read:

281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies, and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or registration a license excemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of sites private sewage systems serviced and the volume of septage disposed of and location of septage disposed that disposal.

347,31 Section 31. 281.48 (4m) (title) and (a) of the statutes are amended to read:

281.48 (4m) (title) Site licenses approvals. (a) The department may require a soil test and a license shall require a site approval for any location where septage is stored or disposed of on land, except that the department may not require a soil test and a license for septage disposal in a licensed solid waste disposal facility. In determining whether to require a license for a site, the department shall consider the septage disposal needs of different areas of the state.

Note: "Stored" is deleted because storage of septage is regulated under s. 281.41 rather than s. 281.48. The site license for land disposal of septage is changed to a site approval. This change allows the DNR to continue its present practice of reviewing applications for septage disposal and approving them based on the paperwork submitted. A site license, as in the current statute, implies a more thorough review of each application. The exception for septage disposal in a solid waste disposal facility is eliminated so that the hauler must notify the DNR that the septage will be taken to a landfill and the DNR may simply approve the septage disposal if it is consistent with the landfill's plan of operation.

347,32 Section 32. 281.48 (4m) (b) (intro.) of the statutes is amended to read:

281.48 (4m) (b) (intro.) Notwithstanding par. (a), the department may not require a license site approval for a location where septage is disposed of on land if the person who disposes of the septage is a farmer who owns or leases that location and if:

Note: The current statute contains an exemption from the requirement for a site license for any place where septage is disposed of on land. DNR may not currently require a site license (changed in this bill to a site approval) for a location where septage is removed from a private sewage system and disposed of on the same parcel where the private sewage system is located. This bill limits the exception from the requirement for a site approval so that it applies only to farmers. In addition, this bill narrows the exception in other respects in the following 2 Sections, as explained in the notes. This bill also states explicitly that the farmer must pump and dispose of the septic tank waste on property that the farmer owns or leases, to make this provision conform to legislative intent.

347,33 Section 33. 281.48 (4m) (b) 1. of the statutes is amended to read:

281.48 (4m) (b) 1. The septage is removed from a septic tank, soil absorption field, holding tank, grease trap or privy which is located on the same parcel where the septage is disposed of; and

Note: This bill narrows the exception from site approval so that it applies only to septage removed from a septic tank. The main effect of this change is either to require the contents of a holding tank or other private sewage system to be taken to a sewage treatment plant or, if the holding tank or other waste is disposed of on the same parcel where the holding tank or other private sewage system is located, the disposal site must have a site approval.

347,34 Section 34. 281.48 (4m) (b) 2. of the statutes is repealed.

Note: The repeal of s. 281.48 (4m) (b) 2. deletes the 3,000 gallon per week limit for disposal of septage without a site approval on the same parcel where the private sewage system is located. This limit is no longer necessary due to the elimination of holding tanks from the types of private sewage systems for which the site approval exemption is provided. Septic tanks, which may continue to be pumped and the septage disposed of on the same parcel, do not produce large volumes of septage.

347,35 Section 35. 281.48 (4m) (c) of the statutes is amended to read:

281.48 (4m) (c) If a location is exempt from licensing site approval under par. (b), the department may require the person who services the septic tank, soil absorption field, holding tank, grease trap or privy to register the disposal site with the department and to provide the department with information to show that sufficient land area is available for disposal.

347,36 Section 36. 281.48 (4m) (d) of the statutes is created to read:

281.48 (4m) (d) A person seeking a site approval under par. (a) shall submit an application to the department at least 7 days prior to using the site. Upon receiving an application for site approval, the department may enter and inspect the site if the department determines that an inspection is necessary. Commencing 7 days after submitting the application, the applicant may use the site unless the department notifies the applicant that the site may not be used.

Note: The procedure for a septage hauler to obtain a site license (changed to a site approval in this bill) is set out by the DNR in administrative rules in ch. NR 113. The rules contain a provision requiring the hauler to notify the DNR at least 7 days prior to using a field for septage disposal. The rules do not clearly state the consequence if DNR does not respond within the 7 days. This bill provides that the hauler may commence using the site after providing notice to the DNR and the 7 days have elapsed. The hauler may then continue using the site unless the DNR subsequently determines that the site may not be used and so notifies the hauler.

347,38 Section 38. 281.48 (4s) (a) 4. and (b) of the statutes are repealed.

Note: This Section repeals the fees for licenses for septage land disposal sites (changed to a site approved in this bill). Currently, the DNR does not collect these fees.

347,40 Section 40. 281.48 (5) (a) 4. of the statutes is amended to read:

281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.245 (3) 145.20 (5).

347,41 Section 41. 281.48 (5m) (c) of the statutes is amended to read:

281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 and to obtain an annual license a site approval for each location where the person disposes of septage on land, except that the county may not require a license for septage disposal in a licensed solid waste disposal facility. The county shall maintain records of soil tests, site licenses approvals, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site licenses approvals under this paragraph if the department determines that the fees are no more than is necessary to fund the county program under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in s. 281.98.

347,42 Section 42. 281.48 (5p) of the statutes is created to read:

281.48 (5p) No city, village, town, or county may prohibit or regulate, through zoning or any other means, the disposal of septage on land if that disposal complies with this section and rules promulgated under this section or with an ordinance adopted under sub. (5m) (a) or (b).

Note: This provides that a city, village, town, or county may not prohibit septage disposal on land if the disposal conforms with the statutes and DNR rules or with a septage land disposal ordinance adopted by a county, city, village, or town under s. 281.48 (5m) (a) or (b).

347,43 Section 43. 281.49 (1) (a) of the statutes is renumbered 281.49 (1) (m) and amended to read:

281.49 (1) (m) "Septage" means the scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank or privy. This term does not include the waste from a grease trap interceptor.

347,44 Section 44. 281.49 (5) (c) 4. of the statutes is amended to read:

281.49 (5) (c) 4. Actual and equitable Reasonable disposal fees based on the volume of septage introduced into the municipal sewage system and calculated at the rate applied to other users of the municipal sewage system, and including the costs of additional facilities or personnel necessary to accept septage at the point of introduction into the municipal sewage system that meet the requirements in sub. (10).