SB453: Bill Text

SB453, s. 87 Section 87. 145.20 (3) (a) 1. of the statutes is amended to read:

SB453,34,22 145.20 (3) (a) 1. The department may specify categories of private sewage on-site wastewater treatment 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 sewage on-site wastewater treatment systems.

SB453, s. 88 Section 88. 145.20 (3) (a) 2. of the statutes is amended to read:

SB453,35,13 145.20 (3) (a) 2. The department may exempt a governmental unit from any category of private sewage on-site wastewater treatment 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.

SB453, s. 89 Section 89. 145.20 (3) (b) of the statutes is amended to read:

SB453,35,20 145.20 (3) (b) The department shall review the private sewage on-site wastewater treatment system program in each governmental unit responsible for the regulation of private sewage on-site wastewater treatment 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.

SB453, s. 90 Section 90. 145.20 (3) (c) of the statutes is amended to read:

SB453,36,8 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems does not adopt a private sewage on-site wastewater treatment 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 on-site wastewater treatment system until the violation is corrected.

SB453, s. 91 Section 91. 145.20 (3) (d) of the statutes is amended to read:

SB453,36,17 145.20 (3) (d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems and employees 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 sewage on-site wastewater treatment system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

SB453, s. 92 Section 92. 145.20 (4) of the statutes is amended to read:

SB453,36,23 145.20 (4) Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private sewage on-site wastewater treatment 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. 66.0703.

SB453, s. 93 Section 93. 145.20 (5) (a) of the statutes is amended to read:

SB453,37,14 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage on-site wastewater treatment systems. The department shall determine the private sewage on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage on-site wastewater treatment 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 on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9).

SB453, s. 94 Section 94. 145.20 (5) (am) of the statutes is amended to read:

SB453,37,23 145.20 (5) (am) Each governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2015. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private sewage on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2013. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

SB453, s. 95 Section 95. 145.20 (5) (b) of the statutes is amended to read:

SB453,38,12 145.20 (5) (b) The maintenance program shall include a requirement of inspection or pumping of the private sewage on-site wastewater treatment system at least once every 3 years if the private sewage on-site wastewater treatment 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 on-site wastewater treatment system that does not have a maintenance plan and shall periodically update the methods.

SB453, s. 96 Section 96. 145.20 (6) (a) 2. of the statutes is amended to read:

SB453,38,19 145.20 (6) (a) 2. Install, design, maintain, repair, or sell a private sewage on-site wastewater treatment system, component of a private sewage on-site wastewater treatment system, drain field designed to serve a private sewage on-site wastewater treatment system, or pipe from a private sewage on-site wastewater treatment system to the immediate inside of the existing or proposed foundation wall of the building served by the private sewage on-site wastewater treatment system.

SB453, s. 97 Section 97. 145.24 (1) of the statutes is amended to read:

SB453,38,25 145.24 (1) If an existing private sewage on-site wastewater treatment 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 sewage on-site wastewater treatment system may petition the department for a variance to the siting or design standards.

SB453, s. 98 Section 98. 145.24 (2) of the statutes is amended to read:

SB453,39,4 145.24 (2) The department shall establish procedures for the review and evaluation of existing private sewage on-site wastewater treatment systems which do not comply with siting or design standards.

SB453, s. 99 Section 99. 145.24 (3) of the statutes is amended to read:

SB453,39,17 145.24 (3) Upon receipt of a petition for a variance, the department shall require the owner of the private sewage on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private sewage on-site wastewater treatment system is not a failing private sewage on-site wastewater treatment system, and continued use of the existing private sewage on-site wastewater treatment 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 sewage on-site wastewater treatment system. The department shall rescind the variance if the existing private sewage on-site wastewater treatment system becomes a failing private sewage on-site wastewater treatment system or contaminates waters of the state.

SB453, s. 100 Section 100. 145.245 (title) of the statutes is amended to read:

SB453,39,20 145.245 (title) Private sewage on-site wastewater treatment system replacement or rehabilitation.

SB453, s. 101 Section 101. 145.245 (1) (a) 1. of the statutes is amended to read:

SB453,40,2 145.245 (1) (a) 1. A determination that a private sewage on-site wastewater treatment system is failing, according to the criteria under sub. (4), based on an inspection of the private sewage on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private sewage on-site wastewater treatment systems by the department.

SB453, s. 102 Section 102. 145.245 (1) (ae) of the statutes is amended to read:

SB453,40,7 145.245 (1) (ae) "Governmental unit" means a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.

SB453, s. 103 Section 103. 145.245 (4) (intro.) of the statutes is amended to read:

SB453,40,13 145.245 (4) Failing private sewage on-site wastewater treatment systems. (intro.) The department shall establish criteria for determining if a private sewage on-site wastewater treatment system is a failing private sewage on-site wastewater treatment system. A failing private sewage on-site wastewater treatment system is one which causes or results in any of the following conditions:

SB453, s. 104 Section 104. 145.245 (4) (b) of the statutes is amended to read:

SB453,40,17 145.245 (4) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage on-site wastewater treatment system.

SB453, s. 105 Section 105. 145.245 (4) (e) of the statutes is amended to read:

SB453,40,21 145.245 (4) (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage on-site wastewater treatment system.

SB453, s. 106 Section 106. 145.245 (4m) (intro.) of the statutes is amended to read:

SB453,41,2 145.245 (4m) Categories of failing private sewage on-site wastewater treatment systems. (intro.) For the purposes of this section, the department shall establish the category of each failing private sewage on-site wastewater treatment system for which a grant application is submitted, as follows:

SB453, s. 107 Section 107. 145.245 (4m) (a) of the statutes is amended to read:

SB453,41,5 145.245 (4m) (a) Category 1: failing private sewage on-site wastewater treatment systems described in sub. (4) (a) to (c).

SB453, s. 108 Section 108. 145.245 (4m) (b) of the statutes is amended to read:

SB453,41,8 145.245 (4m) (b) Category 2: failing private sewage on-site wastewater treatment systems described in sub. (4) (d).

SB453, s. 109 Section 109. 145.245 (4m) (c) of the statutes is amended to read:

SB453,41,11 145.245 (4m) (c) Category 3: failing private sewage on-site wastewater treatment systems described in sub. (4) (e).

SB453, s. 110 Section 110. 145.245 (5) (a) 1. of the statutes is amended to read:

SB453,41,21 145.245 (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 on-site wastewater treatment system, if the private sewage on-site wastewater treatment 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 on-site wastewater treatment system.

SB453, s. 111 Section 111. 145.245 (5) (a) 2. of the statutes is amended to read:

SB453,42,5 145.245 (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 on-site wastewater treatment system, if the private sewage on-site wastewater treatment 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 on-site wastewater treatment system.

SB453, s. 112 Section 112. 145.245 (5) (a) 3. of the statutes is amended to read:

SB453,42,12 145.245 (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 sewage on-site wastewater treatment 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.

SB453, s. 113 Section 113. 145.245 (5m) (a) of the statutes is amended to read:

SB453,42,19 145.245 (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 sewage on-site wastewater treatment system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.

SB453, s. 114 Section 114. 145.245 (6) (a) of the statutes is amended to read:

SB453,43,2 145.245 (6) (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 sewage on-site wastewater treatment system. An existing private sewage on-site wastewater treatment system may be replaced by an alternative private sewage on-site wastewater treatment system or by a system serving more than one principal residence.

SB453, s. 115 Section 115. 145.245 (6) (b) of the statutes is amended to read:

SB453,43,7 145.245 (6) (b) Funds available under a grant under this section for experimental private sewage on-site wastewater treatment systems shall be applied to the installation and monitoring of the experimental private sewage on-site wastewater treatment systems.

SB453, s. 116 Section 116. 145.245 (7) (a) of the statutes is amended to read:

SB453,43,13 145.245 (7) (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 sewage on-site wastewater treatment 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.

SB453, s. 117 Section 117. 145.245 (7) (b) of the statutes is amended to read:

SB453,43,20 145.245 (7) (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 sewage on-site wastewater treatment system by the least costly methods, except that a holding tank may not be used as the measure of the least costly method for rehabilitating or replacing a private sewage on-site wastewater treatment system other than a holding tank.

SB453, s. 118 Section 118. 145.245 (7) (c) of the statutes is amended to read:

SB453,44,15 145.245 (7) (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 sewage on-site wastewater treatment system or to the amount determined by the department based upon private sewage on-site wastewater treatment system grant funding tables, whichever is less. The department shall prepare and publish private sewage on-site wastewater treatment 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 sewage on-site wastewater treatment 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 sewage on-site wastewater treatment 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 sewage on-site wastewater treatment 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.

SB453, s. 119 Section 119. 145.245 (7) (d) of the statutes is amended to read:

SB453,44,21 145.245 (7) (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 sewage on-site wastewater treatment 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.

SB453, s. 120 Section 120. 145.245 (7) (e) of the statutes is amended to read:

SB453,45,4 145.245 (7) (e) Costs allowable for experimental private sewage on-site wastewater treatment systems shall include the costs of installing and monitoring experimental private sewage on-site wastewater treatment 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 sewage on-site wastewater treatment systems that the department funds under this section.

SB453, s. 121 Section 121. 145.245 (8) (a) of the statutes is amended to read:

SB453,45,13 145.245 (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 sewage on-site wastewater treatment 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.

SB453, s. 122 Section 122. 145.245 (9) (b) of the statutes is amended to read:

SB453,45,19 145.245 (9) (b) Certify that grants will be used for private sewage on-site wastewater treatment 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);

SB453, s. 123 Section 123. 145.245 (9) (c) of the statutes is amended to read:

SB453,45,22 145.245 (9) (c) Certify that grants will be used for private sewage on-site wastewater treatment systems which will be properly installed and maintained;

SB453, s. 124 Section 124. 145.245 (9) (e) of the statutes is amended to read:

SB453,45,25 145.245 (9) (e) Establish a process for regulation and inspection of private sewage on-site wastewater treatment systems;

SB453, s. 125 Section 125. 145.245 (11) (e) of the statutes is amended to read:

SB453,46,5 145.245 (11) (e) Limitation; experimental private sewage on-site wastewater treatment systems. The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private sewage on-site wastewater treatment systems.

SB453, s. 126 Section 126. 145.245 (11m) (b) of the statutes is amended to read:

SB453,46,10 145.245 (11m) (b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private sewage on-site wastewater treatment systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.

SB453, s. 127 Section 127. 145.245 (11m) (c) of the statutes is amended to read:

SB453,46,15 145.245 (11m) (c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private sewage on-site wastewater treatment systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.

SB453, s. 128 Section 128. 145.245 (11m) (d) of the statutes is amended to read:

SB453,46,19 145.245 (11m) (d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private sewage on-site wastewater treatment systems.

SB453, s. 129 Section 129. 145.245 (13) of the statutes is amended to read:

SB453,46,25 145.245 (13) Inspection. Agents of the department or the governmental unit may enter premises where private sewage on-site wastewater treatment systems are located pursuant to a special inspection warrant as required under s. 66.0119, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.

SB453, s. 130 Section 130. 145.245 (14) (d) of the statutes is amended to read:

SB453,47,6 145.245 (14) (d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private sewage on-site wastewater treatment system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.

SB453, s. 131 Section 131. 157.12 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.