SB453: Bill Text

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.

SB453, s. 132 Section 132. 160.255 (title) of the statutes is amended to read:

SB453,47,11 160.255 (title) Exceptions for private sewage on-site wastewater treatment systems.

SB453, s. 133 Section 133. 160.255 (1) of the statutes is amended to read:

SB453,47,14 160.255 (1) In this section, "private sewage on-site wastewater treatment system" has the meaning given in s. 145.01 (12).

SB453, s. 134 Section 134. 160.255 (2) of the statutes is amended to read:

SB453,47,20 160.255 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage on-site wastewater treatment systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

SB453, s. 135 Section 135. 160.255 (3) of the statutes is amended to read:

SB453,47,25 160.255 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage on-site wastewater treatment systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

SB453, s. 136 Section 136. 160.255 (4) of the statutes is amended to read:

SB453,48,6 160.255 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.

SB453, s. 137 Section 137. 160.255 (5) of the statutes is amended to read:

SB453,48,12 160.255 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.

SB453, s. 138 Section 138. 168.11 (1) (b) 1. of the statutes is amended to read:

SB453,48,17 168.11 (1) (b) 1. A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol , using one-half inch high letters with a stroke of not less than one-eighth inch in width, at all times when the product is offered for sale.

SB453, s. 139 Section 139. 200.21 (11) of the statutes is amended to read:

SB453,48,22 200.21 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), or any local sewer.

SB453, s. 140 Section 140. 200.29 (1) (c) 3. a. of the statutes is amended to read:

SB453,49,2 200.29 (1) (c) 3. a. The weight to be given to the need for private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB453, s. 141 Section 141. 236.13 (2m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,49,18 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB453, s. 142 Section 142. 281.41 (3) (a) of the statutes is amended to read:

SB453,49,22 281.41 (3) (a) In this subsection, "septage service area" means the area containing private sewage on-site wastewater treatment systems served or anticipated to be served by a sewage disposal plant during the planning period.

SB453, s. 143 Section 143. 281.41 (3) (b) 3. of the statutes is amended to read:

SB453,50,3 281.41 (3) (b) 3. The location of private sewage on-site wastewater treatment systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.

SB453, s. 144 Section 144. 281.41 (3) (b) 4. of the statutes is amended to read:

SB453,50,7 281.41 (3) (b) 4. The potential for contracts with private sewage on-site wastewater treatment system owners, licensed disposers, as defined in s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.

SB453, s. 145 Section 145. 281.48 (2) (bm) of the statutes is amended to read:

SB453,50,10 281.48 (2) (bm) "Private sewage on-site wastewater treatment system" has the meaning given in s. 145.01 (12).

SB453, s. 146 Section 146. 281.48 (2) (d) of the statutes is amended to read:

SB453,50,14 281.48 (2) (d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private sewage on-site wastewater treatment system.

SB453, s. 147 Section 147. 281.48 (2) (f) of the statutes is amended to read:

SB453,50,18 281.48 (2) (f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private sewage on-site wastewater treatment system and disposing of the septage.

SB453, s. 148 Section 148. 281.48 (2) (g) of the statutes is amended to read:

SB453,50,22 281.48 (2) (g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar component of a private sewage on-site wastewater treatment system.

SB453, s. 149 Section 149. 281.48 (2m) of the statutes is amended to read:

SB453,51,2 281.48 (2m) Powers of the department. The department has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage on-site wastewater treatment systems.

SB453, s. 150 Section 150. 281.48 (3) (e) of the statutes is amended to read:

SB453,51,7 281.48 (3) (e) Operator certification. No person, except for a farmer exempted from licensing under par. (d), may service a private sewage on-site wastewater treatment 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).

SB453, s. 151 Section 151. 281.48 (4g) of the statutes is amended to read:

SB453,51,19 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage on-site wastewater treatment 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 a license exemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private sewage on-site wastewater treatment systems serviced and the volume of septage disposed of and location of that disposal.

SB453, s. 152 Section 152. 281.59 (1m) (c) of the statutes is amended to read:

SB453,51,23 281.59 (1m) (c) There is established a private sewage on-site wastewater treatment system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

SB453, s. 153 Section 153. 281.68 (3) (a) 2. f. of the statutes is amended to read:

SB453,52,4 281.68 (3) (a) 2. f. Providing programs and materials that promote the monitoring of private sewage on-site wastewater treatment systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems.

SB453, s. 154 Section 154. 440.03 (13) (am) of the statutes is created to read:

SB453,52,11 440.03 (13) (am) A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

SB453, s. 155 Section 155. 440.19 of the statutes is created to read:

SB453,52,20 440.19 Voluntary surrender of license, permit, or certificate. A person who holds a license, permit, or certificate of certification or registration issued under chs. 440 to 480 may voluntarily surrender that license, permit, or certificate of certification or registration. The department, examining board, affiliated credentialing board, or board of the department that issued the license, permit, or certificate of certification or registration may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20.

SB453, s. 156 Section 156. 440.21 (4) (a) of the statutes is amended to read:

SB453,53,2 440.21 (4) (a) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB453, s. 157 Section 157. 440.21 (4) (b) of the statutes is amended to read:

SB453,53,8 440.21 (4) (b) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB453, s. 158 Section 158. 440.26 (2) (c) 5. of the statutes is created to read: