SB453-SSA1,20,219
145.01
(12) Private sewage on-site wastewater treatment system. "Private
20sewage on-site wastewater treatment system" means a sewage treatment and
21disposal system serving a single structure with a septic tank and soil absorption field
22located on the same parcel as the structure. This term also means an alternative
23sewage system approved by the department including a substitute for the septic tank
24or soil absorption field, a holding tank, a system serving more than one structure or
25a system located on a different parcel than the structure. A private
sewage on-site
1wastewater treatment system may be owned by the property owner or by a special
2purpose district.
SB453-SSA1,20,124
145.045
(1) Powers and duties. The department shall by rule establish an
5examining program for the certification of soil testers, setting such standards as the
6department finds necessary to accomplish the purposes of this chapter. Such
7standards shall include formal written examinations for all applicants. The
8department shall charge applicants for the cost of examination and certification.
9After July 1, 1974, no person may construct soil bore holes or conduct soil percolation
10tests or other similar tests specified by the department that relate to private
sewage 11on-site wastewater treatment systems unless the person holds a valid certificate
12issued under this section.
SB453-SSA1,20,1714
145.045
(3) Plumbers and septic tank installers. A plumber or septic tank
15installer may also be a soil tester and install any system after approval of the site or
16project by the department or the governmental unit responsible for the regulation
17of private
sewage on-site wastewater treatment systems.
SB453-SSA1,20,2019
145.07
(3) (a) A specific record of not less than 1,000 hours per year experience
20for 3 or more
consecutive years as a licensed journeyman plumber in this state; or
SB453-SSA1,20,2522
145.07
(5) Any resident who has been actively engaged in this state in a limited
23type of plumbing installation work for a period of not less than 1,000 hours per year
24for 2 or more
consecutive years as a licensed journeyman plumber (restricted) may
25be examined for licensure as a master plumber (restricted).
SB453-SSA1, s. 63
4Section
63. 145.135 (1) of the statutes is renumbered 145.19 (1b) and amended
5to read:
SB453-SSA1,21,106
145.19
(1b) Definition. In this section, "sanitary permit" means a permit
7authorizing the installation of a private on-site wastewater treatment system that
8is issued by the department or any governmental unit responsible for the regulation
9of private
sewage on-site wastewater treatment systems
for the installation of a
10private sewage system.
SB453-SSA1,21,16
11(1g) Permit required. No person may
purchase or install a private
sewage 12on-site wastewater treatment system unless the owner of the property on which the
13private
sewage on-site wastewater treatment system is to be installed holds a valid
14sanitary permit
issued under this section. No person may sell at retail, as defined
15under s. 100.201 (1) (d), a septic tank for installation in this state unless the
16purchaser holds a valid sanitary permit issued under this section.
SB453-SSA1,21,23
17(7) Period of validity. A sanitary permit is valid for 2 years from the date of
18issue and renewable for similar periods thereafter.
A governmental unit responsible
19for the regulation of private sewage systems may not charge more than one fee for
20a sanitary permit or the renewal of a sanitary permit in any 12-month period. A
21sanitary permit shall remain valid to the end of the established period,
22notwithstanding any change in the state plumbing code or in any private
sewage 23on-site wastewater treatment system ordinance during that period.
SB453-SSA1,22,3
1(8) Transfer of permit. A sanitary permit may be transferred from the holder
2to a subsequent owner of the land, except that the subsequent owner must obtain a
3new copy of the sanitary permit from the issuing agent.
SB453-SSA1,22,11
4(1r) Test results. The results of any percolation test or other test relating to
5the disposal of liquid domestic wastes into the soil shall be retained by the
6governmental unit
responsible for the regulation of private sewage systems where
7the property is located. The governmental unit
responsible for the regulation of
8private sewage systems shall make the test results available to an applicant for a
9sanitary permit and shall accept the test results as the basis for a sanitary permit
10application unless the soil at the test site is altered to the extent that a new soil test
11is necessary.
SB453-SSA1, s. 64
12Section
64. 145.135 (2) (intro.) of the statutes is renumbered 145.19 (3m)
13(intro.), and 145.19 (3m) (title), as renumbered, is amended to read:
SB453-SSA1,22,1414
145.19
(3m) (title)
Notice in permit.
SB453-SSA1, s. 65
15Section
65. 145.135 (2) (a) to (f) of the statutes are renumbered 145.19 (3m)
16(a) to (f), and 145.19 (3m) (a), as renumbered, is amended to read:
SB453-SSA1,22,1817
145.19
(3m) (a) The purpose of the sanitary permit is to allow installation of
18the private
sewage on-site wastewater treatment system described in the permit.
SB453-SSA1,23,220
145.14
(2) (a)
Systems or services. Persons classified under this paragraph may
21install septic tanks for private
sewage on-site wastewater treatment systems, may
22install drain fields designed to serve such septic tanks, and may install sewer service
23from the septic tank or sewer extensions from mains to the immediate inside or
24proposed inside foundation wall of the building. Such persons may also install water
1services, stormwater use systems, and reclaimed water systems if the services or
2systems are to be located outside the foundation wall of the building.
SB453-SSA1,23,94
145.17
(1) The department may employ competent supervisors, who shall be
5licensed automatic fire sprinkler contractors or journeymen automatic fire sprinkler
6system fitters, and may employ other persons.
The department may accept as
7certification of inspection, inspection by the insurance services organization of
8Wisconsin, the industrial risk insurers association, the factory mutual engineering
9corporation or other rate service organization.
SB453-SSA1, s. 68
10Section
68. 145.19 (title) of the statutes is repealed and recreated to read:
SB453-SSA1,23,11
11145.19 (title)
Sanitary permits.
SB453-SSA1, s. 70
13Section
70. 145.19 (1) of the statutes is renumbered 145.19 (1m) and amended
14to read:
SB453-SSA1,24,215
145.19
(1m) Application process. No septic tank may be purchased and no
16private sewage system may be installed unless the owner of the property on which
17the private sewage system is to be installed holds a valid sanitary permit from the
18governmental unit responsible for the regulation of private sewage systems in which
19the property is located. The department shall prescribe the information to be
20included in
the an application for a sanitary permit
and furnish sanitary permit
21forms to the governmental unit. The applicant shall submit the completed
22application for a sanitary permit to the governmental unit. The governmental unit
23shall approve or disapprove the sanitary permit according to the rules promulgated
24by the department under this chapter.
No person may sell at retail, as defined under
1s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser
2holds a valid sanitary permit issued under this section.
SB453-SSA1,24,104
145.19
(2) Fee. No fee for a sanitary permit may be less than
$61, or the amount
5determined under department rule. The governing body for the governmental unit
6responsible for the regulation of private
sewage
on-site wastewater treatment 7systems may establish a fee for a sanitary permit which is more than
$61, or the
8amount determined under department rule.
A governmental unit may not charge
9more than one fee for a sanitary permit or the renewal of a sanitary permit in any
1012-month period.
SB453-SSA1,24,2112
145.19
(3) Copy of permit
Fees and records of permits forwarded to the
13department. The governmental unit responsible for the regulation of private
sewage 14on-site wastewater treatment systems shall forward
a copy of each valid sanitary
15permit and $20, or the amount determined under department rule, of the fee to the
16department within 90 days after
the each valid permit is issued
a portion of the fee,
17as determined under department rule. The governmental unit shall also compile a
18periodic summary of the permits that it has issued. The summary shall contain the
19information required by the department by rule, and shall be submitted by the
20governmental unit to the department at intervals to be determined by the
21department by rule.
SB453-SSA1,25,223
145.19
(4) Use of fee. The portion of this fee retained by the governmental unit
24responsible for the regulation of private
sewage
on-site wastewater treatment
1systems shall be used for the administration of private
sewage on-site wastewater
2treatment system programs.
SB453-SSA1,25,115
145.19
(6) Groundwater fee. In addition to the fee under sub. (2), the
6governmental unit responsible for the regulation of private
sewage on-site
7wastewater treatment systems shall collect a groundwater fee of $25 for each
8sanitary permit. The governmental unit shall forward this fee to the department
9together with
the copy of the sanitary permit and the fee under sub. (3). The moneys
10collected under this subsection shall be credited to the environmental fund for
11environmental management.
SB453-SSA1,25,1813
145.195
(1) No county, city, town or village may issue a building permit for
14construction of any structure requiring connection to a private
sewage on-site
15wastewater treatment system unless a private
sewage on-site wastewater
16treatment system satisfying all applicable regulations already exists to serve the
17proposed structure or all permits necessary to install a private
sewage on-site
18wastewater treatment system have been obtained.
SB453-SSA1,25,2520
145.195
(2) Before issuing a building permit for construction of any structure
21on property not served by a municipal sewage treatment plant, the county, city, town
22or village shall determine that the proposed construction does not interfere with a
23functioning private
sewage
on-site wastewater treatment system. The county, city,
24town or village may require building permit applicants to submit a detailed plan of
25the owner's existing private
sewage on-site wastewater treatment system.
SB453-SSA1,26,2
2145.20 (title)
Private sewage on-site wastewater treatment systems.
SB453-SSA1,26,84
145.20
(1) (a) The governing body of the governmental unit responsible for the
5regulation of private
sewage on-site wastewater treatment systems may assign the
6duties of administering the private
sewage on-site wastewater treatment system
7program to any office, department, committee, board, commission, position or
8employee of that governmental unit.
SB453-SSA1,26,1710
145.20
(1) (am) The governing body of the governmental unit responsible for
11the regulation of private
sewage on-site wastewater treatment systems may
12delegate the duties of administering the private
sewage on-site wastewater
13treatment system program to a town sanitary district or public inland lake protection
14and rehabilitation district with the powers of a town sanitary district within the town
15sanitary district or public inland lake protection and rehabilitation district if the
16town sanitary district or public inland lake protection and rehabilitation district
17agrees to assume those duties.
SB453-SSA1,26,2219
145.20
(1) (b) The governmental unit responsible for the regulation of private
20sewage on-site wastewater treatment systems shall obtain the services of a certified
21soil tester, either as an employee or under contract, to review and verify certified soil
22tester reports under sub. (2).
SB453-SSA1, s. 82
23Section
82. 145.20 (2) (intro.) of the statutes is amended to read:
SB453-SSA1,27,3
1145.20
(2) Governmental unit responsibilities. (intro.) The governmental
2unit responsible for the regulation of private
sewage
on-site wastewater treatment 3systems shall:
SB453-SSA1,27,75
145.20
(2) (a) Review certified soil tester reports for proposed private
sewage 6on-site wastewater treatment systems and verify the report at the proposed site, if
7necessary.
SB453-SSA1,27,129
145.20
(2) (d) Inspect all private
sewage on-site wastewater treatment 10systems after construction but before backfilling no later than the end of the next
11workday, excluding Saturdays, Sundays and holidays, after receiving notice from the
12plumber in charge.
SB453-SSA1,27,1614
145.20
(2) (e) File reports and conduct surveys and inspections as required by
15the governmental unit responsible for the regulation of private
sewage on-site
16wastewater treatment systems or the department.
SB453-SSA1,27,2118
145.20
(2) (f) Investigate violations of the private
sewage on-site wastewater
19treatment system ordinance and s. 254.59 (2), issue orders to abate the violations and
20submit orders to the district attorney, corporation counsel or attorney general for
21enforcement.
SB453-SSA1,28,223
145.20
(2) (g) Perform other duties regarding private
sewage on-site
24wastewater treatment systems as considered appropriate by the governmental unit
1responsible for the regulation of private
sewage on-site wastewater treatment 2systems or as required by the rules of the department.
SB453-SSA1,28,94
145.20
(2) (h) Inspect existing private
sewage on-site wastewater treatment 5systems to determine compliance with s. 145.195 if a building or structure is being
6constructed which requires connection to an existing private
sewage on-site
7wastewater treatment system. The county is not required to conduct an on-site
8inspection if a building or structure is being constructed which does not require
9connection to an existing private
sewage on-site wastewater treatment system.
SB453-SSA1, s. 89
10Section
89. 145.20 (3) (a) 1. of the statutes is amended to read:
SB453-SSA1,28,1411
145.20
(3) (a) 1. The department may specify categories of private
sewage 12on-site wastewater treatment systems for which approval by the department is
13required prior to issuance of sanitary permits by the governmental unit responsible
14for the regulation of private
sewage on-site wastewater treatment systems.
SB453-SSA1, s. 90
15Section
90. 145.20 (3) (a) 2. of the statutes is amended to read:
SB453-SSA1,29,516
145.20
(3) (a) 2. The department may exempt a governmental unit from any
17category of private
sewage on-site wastewater treatment systems for which
18departmental approval is required prior to sanitary permit issuance under subd. 1.,
19upon a determination, in accordance with rules promulgated by the department, that
20past performance of the governmental unit on reviews and audits under par. (b) has
21been satisfactory and that the governmental unit has the capacity to give the same
22level of application and plan review as that provided by the department. The
23department may revoke an exemption upon a finding that performance of the
24governmental unit on a review or audit conducted subsequent to the granting of the
25exemption is unsatisfactory or that the governmental unit is not giving the same
1level of application and plan review as that provided by the department. Findings
2in a revocation action may be made only after a public hearing upon 30 days' advance
3notice to the clerk of the governmental unit. The department shall submit a report
4under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning
5of each legislative session, describing the exemptions under this subdivision.
SB453-SSA1,29,127
145.20
(3) (b) The department shall review the private
sewage on-site
8wastewater treatment system program in each governmental unit responsible for
9the regulation of private
sewage on-site wastewater treatment systems to ascertain
10compliance with sub. (2) and with regulations issued by the department. This review
11shall include a random audit of sanitary permits, including verification by on-site
12inspection.
SB453-SSA1,29,2514
145.20
(3) (c) If the governing body for a governmental unit responsible for the
15regulation of private
sewage on-site wastewater treatment systems does not adopt
16a private
sewage on-site wastewater treatment system ordinance meeting the
17requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel
18meeting the requirements of sub. (1) or if the governmental unit does not comply with
19the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings
20in the county seat upon 30 days' notice to the county clerk. As soon as practicable
21after the public hearing, the department shall issue a written decision regarding
22compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department
23determines that there is a violation of these provisions, the governmental unit may
24not issue a sanitary permit for the installation of a private
sewage on-site
25wastewater treatment system until the violation is corrected.
SB453-SSA1,30,92
145.20
(3) (d) The department shall conduct training and informational
3programs for officials of the governmental unit responsible for the regulation of
4private
sewage on-site wastewater treatment systems and employees and persons
5licensed under this chapter and s. 281.48 and certified as operators of septage
6servicing vehicles under s. 281.17 (3) to improve the delivery of service under the
7private
sewage on-site wastewater treatment system program. The department
8shall obtain the assistance of the Wisconsin counties association in planning and
9conducting the training and informational programs.
SB453-SSA1,30,1511
145.20
(4) Special assessment for holding and septic tank pumping. A
12governmental unit may assess the owner of a private
sewage on-site wastewater
13treatment system for costs related to the pumping of a septic or holding tank. The
14governmental unit shall make any assessment in the same manner that a city, village
15or town makes an assessment under s. 66.0703.
SB453-SSA1,31,517
145.20
(5) (a) The department shall establish a maintenance program to be
18administered by governmental units responsible for the regulation of private
sewage 19on-site wastewater treatment systems. The department shall determine the private
20sewage on-site wastewater treatment systems to which the maintenance program
21applies. At a minimum the maintenance program is applicable to all new or
22replacement private
sewage on-site wastewater treatment systems constructed in
23a governmental unit after the date on which the governmental unit adopts this
24program. The department may apply the maintenance program by rule to private
25sewage on-site wastewater treatment systems constructed in a governmental unit
1responsible for the regulation of private
sewage on-site wastewater treatment 2systems on or before the date on which the governmental unit adopts the program.
3The department shall determine the private
sewage
on-site wastewater treatment 4systems to which the maintenance program applies in governmental units that do
5not meet the conditions for eligibility under s. 145.245 (9).
SB453-SSA1,31,147
145.20
(5) (am) Each governmental unit responsible for the regulation of
8private
sewage on-site wastewater treatment systems shall adopt and begin the
9administration of the program established under par. (a) before October 1, 2015. As
10part of adopting and administering the program, the governmental unit shall
11conduct and maintain an inventory of all the private
sewage on-site wastewater
12treatment systems located in the governmental unit and shall complete the initial
13inventory before October 1, 2013. In order to be eligible for grant funding under s.
14145.245, a governmental unit must comply with these deadlines.
SB453-SSA1,32,216
145.20
(5) (b) The maintenance program shall include a requirement of
17inspection or pumping of the private
sewage on-site wastewater treatment system
18at least once every 3 years if the private
sewage
on-site wastewater treatment 19system does not have a maintenance plan as prescribed by rule by the department.
20Inspections may be conducted by a master plumber, journeyman plumber or
21restricted plumber licensed under this chapter, a person licensed under s. 281.48 or
22by an employee of the state or governmental unit designated by the department, and
23the department may determine by rule other persons who are qualified to undertake
24required inspection, maintenance, or repairs. The department shall specify the
25methods to establish the required frequency of inspection, maintenance, and
1pumping for each type of private
sewage on-site wastewater treatment system that
2does not have a maintenance plan and shall periodically update the methods.
SB453-SSA1,32,94
145.20
(6) (a) 2. Install, design, maintain, repair, or sell a private
sewage 5on-site wastewater treatment system, component of a private
sewage on-site
6wastewater treatment system, drain field designed to serve a private
sewage on-site
7wastewater treatment system, or pipe from a private
sewage on-site wastewater
8treatment system to the immediate inside of the existing or proposed foundation wall
9of the building served by the private
sewage on-site wastewater treatment system.
SB453-SSA1,32,1511
145.24
(1) If an existing private
sewage on-site wastewater treatment system
12either is not located in soil meeting the siting standards or is not constructed in
13accordance with design standards promulgated under s. 145.02 or 145.13, the owner
14of the private
sewage on-site wastewater treatment system may petition the
15department for a variance to the siting or design standards.