SB453,31,824
145.19
(3) Copy of permit
Fees and records of permits forwarded to the
25department. The governmental unit responsible for the regulation of private
sewage
1on-site wastewater treatment systems shall forward
a copy of each valid sanitary
2permit and $20, or the amount determined under department rule, of the fee to the
3department within 90 days after
the each valid permit is issued
a copy of the permit
4and a portion of the fee, as determined under department rule. The governmental
5unit shall also compile a periodic summary of the permits that it has issued. The
6summary shall contain the information required by the department by rule, and
7shall be submitted by the governmental unit to the department at intervals to be
8determined by the department by rule.
SB453, s. 71
9Section
71. 145.19 (4) of the statutes is amended to read:
SB453,31,1310
145.19
(4) Use of fee. The portion of this fee retained by the governmental unit
11responsible for the regulation of private
sewage
on-site wastewater treatment 12systems shall be used for the administration of private
sewage on-site wastewater
13treatment system programs.
SB453, s. 72
14Section
72. 145.19 (5) of the statutes is repealed.
SB453, s. 73
15Section
73. 145.19 (6) of the statutes is amended to read:
SB453,31,2216
145.19
(6) Groundwater fee. In addition to the fee under sub. (2), the
17governmental unit responsible for the regulation of private
sewage on-site
18wastewater treatment systems shall collect a groundwater fee of $25 for each
19sanitary permit. The governmental unit shall forward this fee to the department
20together with
the copy of the sanitary permit and the fee under sub. (3). The moneys
21collected under this subsection shall be credited to the environmental fund for
22environmental management.
SB453, s. 74
23Section
74. 145.195 (1) of the statutes is amended to read:
SB453,32,424
145.195
(1) No county, city, town or village may issue a building permit for
25construction of any structure requiring connection to a private
sewage on-site
1wastewater treatment system unless a private
sewage on-site wastewater
2treatment system satisfying all applicable regulations already exists to serve the
3proposed structure or all permits necessary to install a private
sewage on-site
4wastewater treatment system have been obtained.
SB453, s. 75
5Section
75. 145.195 (2) of the statutes is amended to read:
SB453,32,116
145.195
(2) Before issuing a building permit for construction of any structure
7on property not served by a municipal sewage treatment plant, the county, city, town
8or village shall determine that the proposed construction does not interfere with a
9functioning private
sewage
on-site wastewater treatment system. The county, city,
10town or village may require building permit applicants to submit a detailed plan of
11the owner's existing private
sewage on-site wastewater treatment system.
SB453, s. 76
12Section
76. 145.20 (title) of the statutes is amended to read:
SB453,32,13
13145.20 (title)
Private sewage on-site wastewater treatment systems.
SB453, s. 77
14Section
77. 145.20 (1) (a) of the statutes is amended to read:
SB453,32,1915
145.20
(1) (a) The governing body of the governmental unit responsible for the
16regulation of private
sewage on-site wastewater treatment systems may assign the
17duties of administering the private
sewage on-site wastewater treatment system
18program to any office, department, committee, board, commission, position or
19employee of that governmental unit.
SB453, s. 78
20Section
78. 145.20 (1) (am) of the statutes is amended to read:
SB453,33,321
145.20
(1) (am) The governing body of the governmental unit responsible for
22the regulation of private
sewage on-site wastewater treatment systems may
23delegate the duties of administering the private
sewage on-site wastewater
24treatment system program to a town sanitary district or public inland lake protection
25and rehabilitation district with the powers of a town sanitary district within the town
1sanitary district or public inland lake protection and rehabilitation district if the
2town sanitary district or public inland lake protection and rehabilitation district
3agrees to assume those duties.
SB453, s. 79
4Section
79. 145.20 (1) (b) of the statutes is amended to read:
SB453,33,85
145.20
(1) (b) The governmental unit responsible for the regulation of private
6sewage on-site wastewater treatment systems shall obtain the services of a certified
7soil tester, either as an employee or under contract, to review and verify certified soil
8tester reports under sub. (2).
SB453, s. 80
9Section
80. 145.20 (2) (intro.) of the statutes is amended to read:
SB453,33,1210
145.20
(2) Governmental unit responsibilities. (intro.) The governmental
11unit responsible for the regulation of private
sewage
on-site wastewater treatment 12systems shall:
SB453, s. 81
13Section
81. 145.20 (2) (a) of the statutes is amended to read:
SB453,33,1614
145.20
(2) (a) Review certified soil tester reports for proposed private
sewage 15on-site wastewater treatment systems and verify the report at the proposed site, if
16necessary.
SB453, s. 82
17Section
82. 145.20 (2) (d) of the statutes is amended to read:
SB453,33,2118
145.20
(2) (d) Inspect all private
sewage on-site wastewater treatment 19systems after construction but before backfilling no later than the end of the next
20workday, excluding Saturdays, Sundays and holidays, after receiving notice from the
21plumber in charge.
SB453, s. 83
22Section
83. 145.20 (2) (e) of the statutes is amended to read:
SB453,33,2523
145.20
(2) (e) File reports and conduct surveys and inspections as required by
24the governmental unit responsible for the regulation of private
sewage on-site
25wastewater treatment systems or the department.
SB453, s. 84
1Section
84. 145.20 (2) (f) of the statutes is amended to read:
SB453,34,52
145.20
(2) (f) Investigate violations of the private
sewage on-site wastewater
3treatment system ordinance and s. 254.59 (2), issue orders to abate the violations and
4submit orders to the district attorney, corporation counsel or attorney general for
5enforcement.
SB453, s. 85
6Section
85. 145.20 (2) (g) of the statutes is amended to read:
SB453,34,107
145.20
(2) (g) Perform other duties regarding private
sewage on-site
8wastewater treatment systems as considered appropriate by the governmental unit
9responsible for the regulation of private
sewage
on-site wastewater treatment 10systems or as required by the rules of the department.
SB453, s. 86
11Section
86. 145.20 (2) (h) of the statutes is amended to read:
SB453,34,1712
145.20
(2) (h) Inspect existing private
sewage on-site wastewater treatment 13systems to determine compliance with s. 145.195 if a building or structure is being
14constructed which requires connection to an existing private
sewage on-site
15wastewater treatment system. The county is not required to conduct an on-site
16inspection if a building or structure is being constructed which does not require
17connection to an existing private
sewage on-site wastewater treatment system.
SB453, s. 87
18Section
87. 145.20 (3) (a) 1. of the statutes is amended to read:
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: