SB453,34,2219
145.20
(3) (a) 1. The department may specify categories of private
sewage 20on-site wastewater treatment systems for which approval by the department is
21required prior to issuance of sanitary permits by the governmental unit responsible
22for the regulation of private
sewage on-site wastewater treatment systems.
SB453, s. 88
23Section
88. 145.20 (3) (a) 2. of the statutes is amended to read:
SB453,35,1324
145.20
(3) (a) 2. The department may exempt a governmental unit from any
25category of private
sewage on-site wastewater treatment systems for which
1departmental approval is required prior to sanitary permit issuance under subd. 1.,
2upon a determination, in accordance with rules promulgated by the department, that
3past performance of the governmental unit on reviews and audits under par. (b) has
4been satisfactory and that the governmental unit has the capacity to give the same
5level of application and plan review as that provided by the department. The
6department may revoke an exemption upon a finding that performance of the
7governmental unit on a review or audit conducted subsequent to the granting of the
8exemption is unsatisfactory or that the governmental unit is not giving the same
9level of application and plan review as that provided by the department. Findings
10in a revocation action may be made only after a public hearing upon 30 days' advance
11notice to the clerk of the governmental unit. The department shall submit a report
12under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning
13of each legislative session, describing the exemptions under this subdivision.
SB453, s. 89
14Section
89. 145.20 (3) (b) of the statutes is amended to read:
SB453,35,2015
145.20
(3) (b) The department shall review the private
sewage on-site
16wastewater treatment system program in each governmental unit responsible for
17the regulation of private
sewage on-site wastewater treatment systems to ascertain
18compliance with sub. (2) and with regulations issued by the department. This review
19shall include a random audit of sanitary permits, including verification by on-site
20inspection.
SB453, s. 90
21Section
90. 145.20 (3) (c) of the statutes is amended to read:
SB453,36,822
145.20
(3) (c) If the governing body for a governmental unit responsible for the
23regulation of private
sewage on-site wastewater treatment systems does not adopt
24a private
sewage on-site wastewater treatment system ordinance meeting the
25requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel
1meeting the requirements of sub. (1) or if the governmental unit does not comply with
2the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings
3in the county seat upon 30 days' notice to the county clerk. As soon as practicable
4after the public hearing, the department shall issue a written decision regarding
5compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department
6determines that there is a violation of these provisions, the governmental unit may
7not issue a sanitary permit for the installation of a private
sewage on-site
8wastewater treatment system until the violation is corrected.
SB453, s. 91
9Section
91. 145.20 (3) (d) of the statutes is amended to read:
SB453,36,1710
145.20
(3) (d) The department shall conduct training and informational
11programs for officials of the governmental unit responsible for the regulation of
12private
sewage on-site wastewater treatment systems and employees and persons
13licensed under this chapter and s. 281.48 and certified as operators of septage
14servicing vehicles under s. 281.17 (3) to improve the delivery of service under the
15private
sewage on-site wastewater treatment system program. The department
16shall obtain the assistance of the Wisconsin counties association in planning and
17conducting the training and informational programs.
SB453, s. 92
18Section
92. 145.20 (4) of the statutes is amended to read:
SB453,36,2319
145.20
(4) Special assessment for holding and septic tank pumping. A
20governmental unit may assess the owner of a private
sewage on-site wastewater
21treatment system for costs related to the pumping of a septic or holding tank. The
22governmental unit shall make any assessment in the same manner that a city, village
23or town makes an assessment under s. 66.0703.
SB453, s. 93
24Section
93. 145.20 (5) (a) of the statutes is amended to read:
SB453,37,14
1145.20
(5) (a) The department shall establish a maintenance program to be
2administered by governmental units responsible for the regulation of private
sewage 3on-site wastewater treatment systems. The department shall determine the private
4sewage on-site wastewater treatment systems to which the maintenance program
5applies. At a minimum the maintenance program is applicable to all new or
6replacement private
sewage on-site wastewater treatment systems constructed in
7a governmental unit after the date on which the governmental unit adopts this
8program. The department may apply the maintenance program by rule to private
9sewage on-site wastewater treatment systems constructed in a governmental unit
10responsible for the regulation of private
sewage
on-site wastewater treatment 11systems on or before the date on which the governmental unit adopts the program.
12The department shall determine the private
sewage
on-site wastewater treatment 13systems to which the maintenance program applies in governmental units that do
14not meet the conditions for eligibility under s. 145.245 (9).
SB453, s. 94
15Section
94. 145.20 (5) (am) of the statutes is amended to read:
SB453,37,2316
145.20
(5) (am) Each governmental unit responsible for the regulation of
17private
sewage on-site wastewater treatment systems shall adopt and begin the
18administration of the program established under par. (a) before October 1, 2015. As
19part of adopting and administering the program, the governmental unit shall
20conduct and maintain an inventory of all the private
sewage on-site wastewater
21treatment systems located in the governmental unit and shall complete the initial
22inventory before October 1, 2013. In order to be eligible for grant funding under s.
23145.245, a governmental unit must comply with these deadlines.
SB453, s. 95
24Section
95. 145.20 (5) (b) of the statutes is amended to read:
SB453,38,12
1145.20
(5) (b) The maintenance program shall include a requirement of
2inspection or pumping of the private
sewage on-site wastewater treatment system
3at least once every 3 years if the private
sewage
on-site wastewater treatment 4system does not have a maintenance plan as prescribed by rule by the department.
5Inspections may be conducted by a master plumber, journeyman plumber or
6restricted plumber licensed under this chapter, a person licensed under s. 281.48 or
7by an employee of the state or governmental unit designated by the department, and
8the department may determine by rule other persons who are qualified to undertake
9required inspection, maintenance, or repairs. The department shall specify the
10methods to establish the required frequency of inspection, maintenance, and
11pumping for each type of private
sewage on-site wastewater treatment system that
12does not have a maintenance plan and shall periodically update the methods.
SB453, s. 96
13Section
96. 145.20 (6) (a) 2. of the statutes is amended to read:
SB453,38,1914
145.20
(6) (a) 2. Install, design, maintain, repair, or sell a private
sewage 15on-site wastewater treatment system, component of a private
sewage on-site
16wastewater treatment system, drain field designed to serve a private
sewage on-site
17wastewater treatment system, or pipe from a private
sewage on-site wastewater
18treatment system to the immediate inside of the existing or proposed foundation wall
19of the building served by the private
sewage on-site wastewater treatment system.
SB453, s. 97
20Section
97. 145.24 (1) of the statutes is amended to read:
SB453,38,2521
145.24
(1) If an existing private
sewage on-site wastewater treatment system
22either is not located in soil meeting the siting standards or is not constructed in
23accordance with design standards promulgated under s. 145.02 or 145.13, the owner
24of the private
sewage on-site wastewater treatment system may petition the
25department for a variance to the siting or design standards.
SB453, s. 98
1Section
98. 145.24 (2) of the statutes is amended to read:
SB453,39,42
145.24
(2) The department shall establish procedures for the review and
3evaluation of existing private
sewage on-site wastewater treatment systems which
4do not comply with siting or design standards.
SB453, s. 99
5Section
99. 145.24 (3) of the statutes is amended to read:
SB453,39,176
145.24
(3) Upon receipt of a petition for a variance, the department shall
7require the owner of the private
sewage on-site wastewater treatment system to
8submit information necessary to evaluate the request for a variance. If the
9department determines that the existing private
sewage
on-site wastewater
10treatment system is not a failing private
sewage
on-site wastewater treatment 11system, and continued use of the existing private
sewage on-site wastewater
12treatment system will not pose a threat of contamination of waters of the state, then
13the department may issue a variance to allow continued use of the existing private
14sewage on-site wastewater treatment system. The department shall rescind the
15variance if the existing private
sewage on-site wastewater treatment system
16becomes a failing private
sewage on-site wastewater treatment system or
17contaminates waters of the state.
SB453, s. 100
18Section
100. 145.245 (title) of the statutes is amended to read:
SB453,39,20
19145.245 (title)
Private sewage on-site wastewater treatment system
20replacement or rehabilitation.
SB453, s. 101
21Section
101. 145.245 (1) (a) 1. of the statutes is amended to read:
SB453,40,222
145.245
(1) (a) 1. A determination that a private
sewage on-site wastewater
23treatment system is failing, according to the criteria under sub. (4), based on an
24inspection of the private
sewage on-site wastewater treatment system by an
1employee of the state or a governmental unit who is certified to inspect private
2sewage on-site wastewater treatment systems by the department.
SB453, s. 102
3Section
102. 145.245 (1) (ae) of the statutes is amended to read:
SB453,40,74
145.245
(1) (ae) "Governmental unit" means a governmental unit responsible
5for the regulation of private
sewage on-site wastewater treatment systems.
6"Governmental unit" also includes a federally recognized American Indian tribe or
7band.
SB453, s. 103
8Section
103. 145.245 (4) (intro.) of the statutes is amended to read:
SB453,40,139
145.245
(4) Failing private sewage on-site wastewater treatment systems. 10(intro.) The department shall establish criteria for determining if a private
sewage 11on-site wastewater treatment system is a failing private
sewage on-site wastewater
12treatment system. A failing private
sewage on-site wastewater treatment system
13is one which causes or results in any of the following conditions:
SB453, s. 104
14Section
104. 145.245 (4) (b) of the statutes is amended to read:
SB453,40,1715
145.245
(4) (b) The introduction of sewage into zones of saturation which
16adversely affects the operation of a private
sewage
on-site wastewater treatment 17system.
SB453, s. 105
18Section
105. 145.245 (4) (e) of the statutes is amended to read:
SB453,40,2119
145.245
(4) (e) The failure to accept sewage discharges and back up of sewage
20into the structure served by the private
sewage on-site wastewater treatment 21system.
SB453, s. 106
22Section
106. 145.245 (4m) (intro.) of the statutes is amended to read:
SB453,41,223
145.245
(4m) Categories of failing private
sewage on-site wastewater
24treatment systems. (intro.) For the purposes of this section, the department shall
1establish the category of each failing private
sewage on-site wastewater treatment 2system for which a grant application is submitted, as follows:
SB453, s. 107
3Section
107. 145.245 (4m) (a) of the statutes is amended to read:
SB453,41,54
145.245
(4m) (a) Category 1: failing private
sewage on-site wastewater
5treatment systems described in sub. (4) (a) to (c).
SB453, s. 108
6Section
108. 145.245 (4m) (b) of the statutes is amended to read:
SB453,41,87
145.245
(4m) (b) Category 2: failing private
sewage on-site wastewater
8treatment systems described in sub. (4) (d).
SB453, s. 109
9Section
109. 145.245 (4m) (c) of the statutes is amended to read:
SB453,41,1110
145.245
(4m) (c) Category 3: failing private
sewage on-site wastewater
11treatment systems described in sub. (4) (e).
SB453, s. 110
12Section
110. 145.245 (5) (a) 1. of the statutes is amended to read:
SB453,41,2113
145.245
(5) (a) 1. A person is eligible for grant funds under this section if he or
14she owns a principal residence which is served by a category 1 or 2 failing private
15sewage on-site wastewater treatment system, if the private
sewage on-site
16wastewater treatment system was installed before July 1, 1978, if the family income
17of the person does not exceed the income limitations under par. (c), if the amount of
18the grant determined under sub. (7) is at least $100, if the residence is not located
19in an area served by a sewer and if determination of failure is made prior to the
20rehabilitation or replacement of the failing private
sewage on-site wastewater
21treatment system.
SB453, s. 111
22Section
111. 145.245 (5) (a) 2. of the statutes is amended to read:
SB453,42,523
145.245
(5) (a) 2. A business is eligible for grant funds under this section if it
24owns a small commercial establishment which is served by a category 1 or 2 failing
25private
sewage on-site wastewater treatment system, if the private
sewage on-site
1wastewater treatment system was installed before July 1, 1978, if the gross revenue
2of the business does not exceed the limitation under par. (d), if the small commercial
3establishment is not located in an area served by a sewer and if a determination of
4failure is made prior to the rehabilitation or replacement of the private
sewage
5on-site wastewater treatment system.
SB453, s. 112
6Section
112. 145.245 (5) (a) 3. of the statutes is amended to read:
SB453,42,127
145.245
(5) (a) 3. A person who owns a principal residence or small commercial
8establishment which is served by a category 1 or 2 failing private
sewage on-site
9wastewater treatment system may submit an application for grant funds during the
103-year period after the determination of failure is made. Grant funds may be
11awarded after work is completed if rehabilitation or replacement of the system meets
12all requirements of this section and rules promulgated under this section.
SB453, s. 113
13Section
113. 145.245 (5m) (a) of the statutes is amended to read:
SB453,42,1914
145.245
(5m) (a) The department or a governmental unit shall deny a grant
15application under this section if the applicant or a person who would be directly
16benefited by the grant intentionally caused the conditions which resulted in a
17category 1 or 2 failing private
sewage on-site wastewater treatment system. The
18department or governmental unit shall notify the applicant in writing of a denial,
19including the reason for the denial.
SB453, s. 114
20Section
114. 145.245 (6) (a) of the statutes is amended to read:
SB453,43,221
145.245
(6) (a) Except for grants under par. (b), funds available under a grant
22under this section shall be applied to the rehabilitation or replacement of the private
23sewage on-site wastewater treatment system. An existing private
sewage on-site
24wastewater treatment system may be replaced by an alternative private
sewage
1on-site wastewater treatment system or by a system serving more than one principal
2residence.
SB453, s. 115
3Section
115. 145.245 (6) (b) of the statutes is amended to read:
SB453,43,74
145.245
(6) (b) Funds available under a grant under this section for
5experimental private
sewage on-site wastewater treatment systems shall be applied
6to the installation and monitoring of the experimental private
sewage on-site
7wastewater treatment systems.
SB453, s. 116
8Section
116. 145.245 (7) (a) of the statutes is amended to read:
SB453,43,139
145.245
(7) (a) Except as provided in par. (e), costs allowable in determining
10grant funding under this section may not exceed the costs of rehabilitating or
11replacing a private
sewage on-site wastewater treatment system which would be
12necessary to allow the rehabilitated system or new system to meet the minimum
13requirements of the state plumbing code promulgated under s. 145.13.
SB453, s. 117
14Section
117. 145.245 (7) (b) of the statutes is amended to read:
SB453,43,2015
145.245
(7) (b) Except as provided in par. (e), costs allowable in determining
16grant funding under this section may not exceed the costs of rehabilitating or
17replacing a private
sewage on-site wastewater treatment system by the least costly
18methods, except that a holding tank may not be used as the measure of the least
19costly method for rehabilitating or replacing a private
sewage on-site wastewater
20treatment system other than a holding tank.
SB453, s. 118
21Section
118. 145.245 (7) (c) of the statutes is amended to read:
SB453,44,1522
145.245
(7) (c) Except as provided in pars. (d) and (e), the state grant share
23under this section is limited to $7,000 for each principal residence or small
24commercial establishment to be served by the private
sewage on-site wastewater
25treatment system or to the amount determined by the department based upon
1private
sewage on-site wastewater treatment system grant funding tables,
2whichever is less. The department shall prepare and publish private
sewage on-site
3wastewater treatment system grant funding tables which specify the maximum
4state share limitation for various components and costs involved in the
5rehabilitation or replacement of a private
sewage
on-site wastewater treatment 6system based upon minimum size and other requirements specified in the state
7plumbing code promulgated under s. 145.02. The maximum state share limitations
8shall be designed to pay approximately 60% of the average allowable cost of private
9sewage on-site wastewater treatment system rehabilitation or replacement based
10upon estimated or actual costs of that rehabilitation or replacement. The
11department shall revise the grant funding tables when it determines that 60% of
12current costs of private
sewage on-site wastewater treatment system rehabilitation
13or replacement exceed the amounts in the grant funding tables by more than 10%,
14except that the department may not revise the grant funding tables more often than
15once every 2 years.
SB453, s. 119
16Section
119. 145.245 (7) (d) of the statutes is amended to read:
SB453,44,2117
145.245
(7) (d) Except as provided in par. (e), if the income of a person who owns
18a principal residence that is served by a category 1 or 2 failing private
sewage on-site
19wastewater treatment system is greater than $32,000, the amount of the grant under
20this section is limited to the amount determined under par. (c) less 30% of the amount
21by which the person's income exceeds $32,000.
SB453, s. 120
22Section
120. 145.245 (7) (e) of the statutes is amended to read:
SB453,45,423
145.245
(7) (e) Costs allowable for experimental private
sewage on-site
24wastewater treatment systems shall include the costs of installing and monitoring
25experimental private
sewage on-site wastewater treatment systems installed under
1s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify
2how the department will select, monitor and allocate the state share for
3experimental private
sewage on-site wastewater treatment systems that the
4department funds under this section.
SB453, s. 121
5Section
121. 145.245 (8) (a) of the statutes is amended to read:
SB453,45,136
145.245
(8) (a) In order to be eligible for a grant under this section, a
7governmental unit shall make an application for replacement or rehabilitation of
8private
sewage on-site wastewater treatment systems of principal residences or
9small commercial establishments and shall submit an application for participation
10to the department. The application shall be in the form and include the information
11the department prescribes. In order to be eligible for funds available in a fiscal year,
12an application is required to be received by the department prior to February 1 of the
13previous fiscal year.
SB453, s. 122
14Section
122. 145.245 (9) (b) of the statutes is amended to read:
SB453,45,1915
145.245
(9) (b) Certify that grants will be used for private
sewage on-site
16wastewater treatment system replacement or rehabilitation for a principal
17residence or small commercial establishment owned by a person who meets the
18eligibility requirements under sub. (5), that the funds will be used as provided under
19sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);
SB453, s. 123
20Section
123. 145.245 (9) (c) of the statutes is amended to read:
SB453,45,2221
145.245
(9) (c) Certify that grants will be used for private
sewage on-site
22wastewater treatment systems which will be properly installed and maintained;
SB453, s. 124
23Section
124. 145.245 (9) (e) of the statutes is amended to read:
SB453,45,2524
145.245
(9) (e) Establish a process for regulation and inspection of private
25sewage on-site wastewater treatment systems;
SB453, s. 125
1Section
125. 145.245 (11) (e) of the statutes is amended to read:
SB453,46,52
145.245
(11) (e)
Limitation; experimental private sewage on-site wastewater
3treatment systems. The department may not allocate more than 10% of the funds
4available under this subsection each fiscal year for grants for the installation and
5monitoring of experimental private
sewage on-site wastewater treatment systems.
SB453, s. 126
6Section
126. 145.245 (11m) (b) of the statutes is amended to read:
SB453,46,107
145.245
(11m) (b) Except as provided in par. (d), if funds are sufficient to fully
8fund all category 1 but not all category 2 failing private
sewage on-site wastewater
9treatment systems, the department shall fully fund all category 1 systems and
10prorate the funds for category 2 systems on a proportional basis.
SB453, s. 127
11Section
127. 145.245 (11m) (c) of the statutes is amended to read:
SB453,46,1512
145.245
(11m) (c) Except as provided in par. (d), if funds are not sufficient to
13fully fund all category 1 failing private
sewage
on-site wastewater treatment 14systems, the department shall fund the category 1 systems on a proportional basis
15and deny the grant applications for all category 2 systems.
SB453, s. 128
16Section
128. 145.245 (11m) (d) of the statutes is amended to read:
SB453,46,1917
145.245
(11m) (d) The department is not required to prorate available funds
18for grants for the installation and monitoring of experimental private
sewage on-site
19wastewater treatment systems.
SB453, s. 129
20Section
129. 145.245 (13) of the statutes is amended to read:
SB453,46,2521
145.245
(13) Inspection. Agents of the department or the governmental unit
22may enter premises where private
sewage on-site wastewater treatment systems
23are located pursuant to a special inspection warrant as required under s. 66.0119,
24to collect samples, records and information and to ascertain compliance with the
25rules and orders of the department or the governmental unit.
SB453, s. 130
1Section
130. 145.245 (14) (d) of the statutes is amended to read:
SB453,47,62
145.245
(14) (d) Additional grants under this section to a governmental unit
3previously awarded a grant under this section may be suspended or terminated if the
4department finds that a private
sewage on-site wastewater treatment system
5previously funded in the governmental unit is not being or has not been properly
6rehabilitated, constructed, installed or maintained.
SB453, s. 132
9Section
132. 160.255 (title) of the statutes is amended to read: