SB453: Bill Text

SB453, s. 45 Section 45. 101.985 (2) (b) of the statutes is amended to read:

SB453,23,14 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

SB453, s. 46 Section 46. 101.985 (2) (c) of the statutes is amended to read:

SB453,24,8 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 323.10 and the department determines that the number of individuals in the state who hold an elevator mechanic's licenses license issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for an emergency elevator mechanic's license.

SB453, s. 47 Section 47. 101.985 (2) (d) of the statutes is amended to read:

SB453,24,23 101.985 (2) (d) Temporary licensing. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for a temporary elevator mechanic's license.

SB453, s. 48 Section 48. 101.985 (4) of the statutes is amended to read:

SB453,25,7 101.985 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), (ab) or (ad), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if the applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.

SB453, s. 49 Section 49. 101.985 (5) (b) 1. of the statutes is amended to read:

SB453,25,16 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an applicant for renewal of a license under sub. (1), (2) (a) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant has satisfactorily met with the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.

SB453, s. 50 Section 50. 101.985 (7) (a) (intro.) of the statutes is amended to read:

SB453,25,20 101.985 (7) (a) (intro.) Each application for a license under subs. (1), (2) (a) (ab) or (ad), or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:

SB453, s. 51 Section 51. 145.01 (4m) of the statutes is amended to read:

SB453,25,24 145.01 (4m) Failing private sewage on-site wastewater treatment system. "Failing private sewage on-site wastewater treatment system" has the meaning specified under s. 145.245 (4).

SB453, s. 52 Section 52. 145.01 (5) of the statutes is amended to read:

SB453,26,6 145.01 (5) Governmental unit responsible for regulation of private sewage on-site wastewater treatment systems. "Governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage on-site wastewater treatment system is located.

SB453, s. 53 Section 53. 145.01 (10) (a) 2. of the statutes is amended to read:

SB453,26,13 145.01 (10) (a) 2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private sewage on-site wastewater treatment systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.

SB453, s. 54 Section 54. 145.01 (12) of the statutes is amended to read:

SB453,26,23 145.01 (12) Private sewage on-site wastewater treatment system. "Private sewage on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

SB453, s. 55 Section 55. 145.045 (1) of the statutes is amended to read:

SB453,27,9 145.045 (1) Powers and duties. The department shall by rule establish an examining program for the certification of soil testers, setting such standards as the department finds necessary to accomplish the purposes of this chapter. Such standards shall include formal written examinations for all applicants. The department shall charge applicants for the cost of examination and certification. After July 1, 1974, no person may construct soil bore holes or conduct soil percolation tests or other similar tests specified by the department that relate to private sewage on-site wastewater treatment systems unless the person holds a valid certificate issued under this section.

SB453, s. 56 Section 56. 145.045 (3) of the statutes is amended to read:

SB453,27,14 145.045 (3) Plumbers and septic tank installers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems.

SB453, s. 57 Section 57. 145.07 (3) (a) of the statutes is amended to read:

SB453,27,17 145.07 (3) (a) A specific record of not less than 1,000 hours per year experience for 3 or more consecutive years as a licensed journeyman plumber in this state; or

SB453, s. 58 Section 58. 145.07 (5) of the statutes is amended to read:

SB453,27,22 145.07 (5) Any resident who has been actively engaged in this state in a limited type of plumbing installation work for a period of not less than 1,000 hours per year for 2 or more consecutive years as a licensed journeyman plumber (restricted) may be examined for licensure as a master plumber (restricted).

SB453, s. 59 Section 59. 145.08 (1m) of the statutes is repealed.

SB453, s. 60 Section 60. 145.135 (title) of the statutes is repealed.

SB453, s. 61 Section 61. 145.135 (1) (title) of the statutes is repealed.

SB453, s. 62 Section 62. 145.135 (1) of the statutes is renumbered 145.19 (1b) and amended to read:

SB453,28,7 145.19 (1b) Definition. In this section, "sanitary permit" means a permit authorizing the installation of a private on-site wastewater treatment system that is issued by the department or any governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems for the installation of a private sewage system.

SB453,28,13 (1g) Permit required. No person may purchase or install a private sewage on-site wastewater treatment system unless the owner of the property on which the private sewage on-site wastewater treatment system is to be installed holds a valid sanitary permit issued under this section. No person may sell at retail, as defined under s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section.

SB453,28,20 (7) Period of validity. A sanitary permit is valid for 2 years from the date of issue and renewable for similar periods thereafter. A governmental unit responsible for the regulation of private sewage systems may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period. A sanitary permit shall remain valid to the end of the established period, notwithstanding any change in the state plumbing code or in any private sewage on-site wastewater treatment system ordinance during that period.

SB453,28,23 (8) Transfer of permit. A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent.

SB453,29,6 (1r) Test results. The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit responsible for the regulation of private sewage systems where the property is located. The governmental unit responsible for the regulation of private sewage systems shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.

SB453, s. 63 Section 63. 145.135 (2) (intro.) of the statutes is renumbered 145.19 (3m) (intro.), and 145.19 (3m) (title), as renumbered, is amended to read:

SB453,29,9 145.19 (3m) (title) Notice in permit.

SB453, s. 64 Section 64. 145.135 (2) (a) to (f) of the statutes are renumbered 145.19 (3m) (a) to (f), and 145.19 (3m) (a), as renumbered, is amended to read:

SB453,29,13 145.19 (3m) (a) The purpose of the sanitary permit is to allow installation of the private sewage on-site wastewater treatment system described in the permit.

SB453, s. 65 Section 65. 145.14 (2) (a) of the statutes is amended to read:

SB453,29,21 145.14 (2) (a) Systems or services. Persons classified under this paragraph may install septic tanks for private sewage on-site wastewater treatment systems, may install drain fields designed to serve such septic tanks, and may install sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building. Such persons may also install water services, stormwater use systems, and reclaimed water systems if the services or systems are to be located outside the foundation wall of the building.

SB453, s. 66 Section 66. 145.19 (title) of the statutes is repealed and recreated to read:

SB453,29,23 145.19 (title) Sanitary permits.

SB453, s. 67 Section 67. 145.19 (1) (title) of the statutes is repealed.

SB453, s. 68 Section 68. 145.19 (1) of the statutes is renumbered 145.19 (1m) and amended to read:

SB453,30,14 145.19 (1m) Application process. No septic tank may be purchased and no private sewage system may be installed unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit from the governmental unit responsible for the regulation of private sewage systems in which the property is located. The department shall prescribe the information to be included in the an application for a sanitary permit and furnish sanitary permit forms to the governmental unit. The applicant shall submit the completed application for a sanitary permit to the governmental unit. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department under this chapter. No person may sell at retail, as defined under s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section.

SB453, s. 69 Section 69. 145.19 (2) of the statutes is amended to read:

SB453,30,22 145.19 (2) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.

SB453, s. 70 Section 70. 145.19 (3) of the statutes is amended to read:

SB453,31,8 145.19 (3) Copy of permit Fees and records of permits forwarded to the department. The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the each valid permit is issued a copy of the permit and a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule.

SB453, s. 71 Section 71. 145.19 (4) of the statutes is amended to read:

SB453,31,13 145.19 (4) Use of fee. The portion of this fee retained by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall be used for the administration of private sewage on-site wastewater treatment system programs.

SB453, s. 72 Section 72. 145.19 (5) of the statutes is repealed.

SB453, s. 73 Section 73. 145.19 (6) of the statutes is amended to read:

SB453,31,22 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB453, s. 74 Section 74. 145.195 (1) of the statutes is amended to read:

SB453,32,4 145.195 (1) No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private sewage on-site wastewater treatment system unless a private sewage on-site wastewater treatment system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install a private sewage on-site wastewater treatment system have been obtained.

SB453, s. 75 Section 75. 145.195 (2) of the statutes is amended to read:

SB453,32,11 145.195 (2) Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private sewage on-site wastewater treatment system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private sewage on-site wastewater treatment system.

SB453, s. 76 Section 76. 145.20 (title) of the statutes is amended to read:

SB453,32,13 145.20 (title) Private sewage on-site wastewater treatment systems.

SB453, s. 77 Section 77. 145.20 (1) (a) of the statutes is amended to read:

SB453,32,19 145.20 (1) (a) The governing body of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may assign the duties of administering the private sewage on-site wastewater treatment system program to any office, department, committee, board, commission, position or employee of that governmental unit.

SB453, s. 78 Section 78. 145.20 (1) (am) of the statutes is amended to read:

SB453,33,3 145.20 (1) (am) The governing body of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may delegate the duties of administering the private sewage on-site wastewater treatment system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.

SB453, s. 79 Section 79. 145.20 (1) (b) of the statutes is amended to read:

SB453,33,8 145.20 (1) (b) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under sub. (2).

SB453, s. 80 Section 80. 145.20 (2) (intro.) of the statutes is amended to read:

SB453,33,12 145.20 (2) Governmental unit responsibilities. (intro.) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall:

SB453, s. 81 Section 81. 145.20 (2) (a) of the statutes is amended to read:

SB453,33,16 145.20 (2) (a) Review certified soil tester reports for proposed private sewage on-site wastewater treatment systems and verify the report at the proposed site, if necessary.

SB453, s. 82 Section 82. 145.20 (2) (d) of the statutes is amended to read:

SB453,33,21 145.20 (2) (d) Inspect all private sewage on-site wastewater treatment systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.

SB453, s. 83 Section 83. 145.20 (2) (e) of the statutes is amended to read:

SB453,33,25 145.20 (2) (e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems or the department.

SB453, s. 84 Section 84. 145.20 (2) (f) of the statutes is amended to read:

SB453,34,5 145.20 (2) (f) Investigate violations of the private sewage on-site wastewater treatment system ordinance and s. 254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.

SB453, s. 85 Section 85. 145.20 (2) (g) of the statutes is amended to read:

SB453,34,10 145.20 (2) (g) Perform other duties regarding private sewage on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems or as required by the rules of the department.

SB453, s. 86 Section 86. 145.20 (2) (h) of the statutes is amended to read:

SB453,34,17 145.20 (2) (h) Inspect existing private sewage on-site wastewater treatment systems to determine compliance with s. 145.195 if a building or structure is being constructed which requires connection to an existing private sewage on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private sewage on-site wastewater treatment system.

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.