AB163,75,6
1138.14
(9r) (f) The
division
department shall make copies of the informational
2materials under par. (a) available, upon request, to licensees and to the public,
3including making these informational materials available on the
department's 4Internet site
of the department of financial institutions. The
division department 5may charge licensees a reasonable fee for printed copies of informational materials
6supplied under this paragraph.
AB163,305
7Section
305. 138.16 (1) (a) of the statutes is amended to read:
AB163,75,98
138.16
(1) (a)
"Division" Department means the
division of banking attached
9to the department of financial institutions
and professional standards.
AB163,306
10Section
306. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.)
11and amended to read:
AB163,75,1512
145.01
(4m) Failing private on-site wastewater treatment system. (intro.)
13"Failing private on-site wastewater treatment system"
has the meaning specified
14under s. 145.245 (4). means a private on-site wastewater treatment system that
15causes or results in any of the following conditions:
AB163,307
16Section
307. 145.01 (4m) (a) of the statutes is created to read:
AB163,75,1717
145.01
(4m) (a) The discharge of sewage into surface water or groundwater.
AB163,308
18Section
308. 145.01 (4m) (b) of the statutes is created to read:
AB163,75,2019
145.01
(4m) (b) The introduction of sewage into zones of saturation which
20adversely affects the operation of a private on-site wastewater treatment system.
AB163,309
21Section
309. 145.01 (4m) (c) of the statutes is created to read:
AB163,75,2222
145.01
(4m) (c) The discharge of sewage to a drain tile or into zones of bedrock.
AB163,310
23Section
310. 145.01 (4m) (d) of the statutes is created to read:
AB163,75,2424
145.01
(4m) (d) The discharge of sewage to the surface of the ground.
AB163,311
25Section
311. 145.01 (4m) (e) of the statutes is created to read:
AB163,76,2
1145.01
(4m) (e) The failure to accept sewage discharges and backup of sewage
2into the structure served by the private on-site wastewater treatment system.
AB163,312
3Section
312. 145.01 (12) of the statutes is amended to read:
AB163,76,124
145.01
(12) Private on-site wastewater treatment system. "Private on-site
5wastewater treatment system" means a sewage treatment and disposal system
6serving a single structure with a septic tank and soil absorption field located on the
7same parcel as the structure. This term also means an alternative sewage system
8approved by the department
of natural resources including a substitute for the septic
9tank or soil absorption field, a holding tank, a system serving more than one
10structure or a system located on a different parcel than the structure. A private
11on-site wastewater treatment system may be owned by the property owner or by a
12special purpose district.
AB163,313
13Section
313. 145.02 (title) of the statutes is amended to read:
AB163,76,15
14145.02 (title)
Powers of the department of financial institutions and
15professional standards and the department of natural resources.
AB163,314
16Section
314. 145.02 (2) of the statutes is amended to read:
AB163,76,2417
145.02
(2) The Except as provided in sub. (2m), the department shall have
18general supervision of all such plumbing and shall after public hearing prescribe and
19publish and enforce reasonable standards therefor which shall be uniform and of
20statewide concern so far as practicable. Any employee designated by the department
21may act for the department in holding such public hearing. To the extent that the
22historic building code applies to the subject matter of these standards, the standards
23do not apply to a qualified historic building if the owner elects to be subject to s.
24101.121.
AB163,315
25Section
315. 145.02 (2m) of the statutes is created to read:
AB163,77,5
1145.02
(2m) The department of natural resources shall have general
2supervision of private on-site wastewater treatment systems and shall have the
3powers described under s. 281.48 with respect to those systems. The department
4shall promulgate rules establishing standards for private on-site wastewater
5treatment systems.
AB163,316
6Section
316. 145.02 (4) (a) of the statutes is amended to read:
AB163,77,127
145.02
(4) (a) The department shall prescribe rules as to the qualifications,
8examination and licensing of master and journeyman plumbers and restricted
9plumber licensees, for the licensing of utility contractors, for the registration of
10plumbing apprentices and pipe layers and for the registration and training of
11registered learners. The plumbers council, created under s.
15.407 15.177 (16), shall
12advise the department in formulating the rules.
AB163,317
13Section
317. 145.045 (1) of the statutes is amended to read:
AB163,77,2214
145.045
(1) Powers and duties. The department shall by rule establish an
15examining program for the certification of soil testers, setting such standards as the
16department finds necessary to accomplish the purposes of this chapter. Such
17standards shall include formal written examinations for all applicants. The
18department shall charge applicants for the cost of examination and certification.
19After July 1, 1974, no person may construct soil bore holes or conduct soil percolation
20tests or other similar tests specified by the department
of natural resources that
21relate to private on-site wastewater treatment systems unless the person holds a
22valid certificate issued under this section.
AB163,318
23Section
318. 145.045 (3) of the statutes is amended to read:
AB163,78,324
145.045
(3) Plumbers and septic tank installers. A plumber or septic tank
25installer may also be a soil tester and install any system after approval of the site or
1project by the department
of financial institutions and professional standards, the
2department of natural resources, or the governmental unit responsible for the
3regulation of private on-site wastewater treatment systems.
AB163,319
4Section
319. 145.17 (2) of the statutes is amended to read:
AB163,78,105
145.17
(2) The department shall prescribe rules as to the qualifications,
6examination and licensing of journeymen automatic fire sprinkler system fitters and
7automatic fire sprinkler contractors and for the registration and training of
8automatic fire sprinkler system apprentices. The automatic fire sprinkler system
9contractors and journeymen council, created under s.
15.407 15.177 (17), shall advise
10the department in formulating the rules
.
AB163,320
11Section
320. 145.19 (1b) of the statutes is amended to read:
AB163,78,1512
145.19
(1b) Definition. In this section, "sanitary permit" means a permit
13authorizing the installation of a private on-site wastewater treatment system that
14is issued by the department
of natural resources or any governmental unit
15responsible for the regulation of private on-site wastewater treatment systems.
AB163,321
16Section
321. 145.19 (1m) of the statutes is amended to read:
AB163,78,2217
145.19
(1m) Application process. The department
of natural resources shall
18prescribe the information to be included in an application for a sanitary permit. The
19applicant shall submit the completed application for a sanitary permit to the
20governmental unit. The governmental unit shall approve or disapprove the sanitary
21permit according to the rules promulgated by the department
of natural resources 22under this chapter.
AB163,322
23Section
322. 145.19 (2) of the statutes is amended to read:
AB163,79,524
145.19
(2) Fee. No fee for a sanitary permit may be less than the amount
25determined
under by the department
of natural resources by rule. The governing
1body for the governmental unit responsible for the regulation of private on-site
2wastewater treatment systems may establish a fee for a sanitary permit which is
3more than the amount determined
under by the department
of natural resources by 4rule. A governmental unit may not charge more than one fee for a sanitary permit
5or the renewal of a sanitary permit in any 12-month period.
AB163,323
6Section
323. 145.19 (3) of the statutes is amended to read:
AB163,79,167
145.19
(3) Fees and records of permits forwarded to the department of
8natural resources. The governmental unit responsible for the regulation of private
9on-site wastewater treatment systems shall forward to the department
of natural
10resources within 90 days after each valid permit is issued a portion of the fee, as
11determined
under by the department
of natural resources by rule. The
12governmental unit shall also compile a periodic summary of the permits that it has
13issued. The summary shall contain the information required by the department
of
14natural resources by rule, and shall be submitted by the governmental unit to the
15department
of natural resources at intervals to be determined by the department
of
16natural resources by rule.
AB163,324
17Section
324. 145.19 (6) of the statutes is amended to read:
AB163,79,2318
145.19
(6) Groundwater fee. In addition to the fee under sub. (2), the
19governmental unit responsible for the regulation of private on-site wastewater
20treatment systems shall collect a groundwater fee of $25 for each sanitary permit.
21The governmental unit shall forward this fee to the department
of natural resources 22together with the fee under sub. (3).
The moneys collected under this subsection
23shall be credited to the environmental fund for environmental management.
AB163,325
24Section
325. 145.19 (6m) of the statutes is created to read:
AB163,80,3
1145.19
(6m) Amounts deposited in the environmental fund. All moneys
2collected by the department under this section shall be deposited in the
3environmental fund for environmental management.
AB163,326
4Section
326. 145.20 (2) (e) of the statutes is amended to read:
AB163,80,75
145.20
(2) (e) File reports and conduct surveys and inspections as required by
6the governmental unit responsible for the regulation of private on-site wastewater
7treatment systems or the department
of natural resources.
AB163,327
8Section
327. 145.20 (2) (g) of the statutes is amended to read:
AB163,80,129
145.20
(2) (g) Perform other duties regarding private on-site wastewater
10treatment systems as considered appropriate by the governmental unit responsible
11for the regulation of private on-site wastewater treatment systems or as required by
12the rules of the department
of natural resources.
AB163,328
13Section
328. 145.20 (3) (title) of the statutes is amended to read:
AB163,80,1414
145.20
(3) (title)
Department of natural resources responsibilities.
AB163,329
15Section
329. 145.20 (3) (a) 1. of the statutes is amended to read:
AB163,80,2016
145.20
(3) (a) 1. The department
of natural resources may specify categories
17of private on-site wastewater treatment systems for which approval by the
18department
of natural resources is required prior to issuance of sanitary permits by
19the governmental unit responsible for the regulation of private on-site wastewater
20treatment systems.
AB163,330
21Section
330. 145.20 (3) (a) 2. of the statutes is amended to read:
AB163,81,1322
145.20
(3) (a) 2. The department
of natural resources may exempt a
23governmental unit from any category of private on-site wastewater treatment
24systems for which
departmental approval
by the department of natural resources is
25required prior to sanitary permit issuance under subd. 1., upon a determination, in
1accordance with rules promulgated by the department
of natural resources, that past
2performance of the governmental unit on reviews and audits under par. (b) has been
3satisfactory and that the governmental unit has the capacity to give the same level
4of application and plan review as that provided by the department
of natural
5resources. The department
of natural resources may revoke an exemption upon a
6finding that performance of the governmental unit on a review or audit conducted
7subsequent to the granting of the exemption is unsatisfactory or that the
8governmental unit is not giving the same level of application and plan review as that
9provided by the department
of natural resources. Findings in a revocation action
10may be made only after a public hearing upon 30 days' advance notice to the clerk
11of the governmental unit. The department
of natural resources 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.
AB163,331
14Section
331. 145.20 (3) (b) of the statutes is amended to read:
AB163,81,2015
145.20
(3) (b) The department
of natural resources shall review the private
16on-site wastewater treatment system program in each governmental unit
17responsible for the regulation of private on-site wastewater treatment systems to
18ascertain compliance with sub. (2) and with regulations issued by the department
of
19natural resources. This review shall include a random audit of sanitary permits,
20including verification by on-site inspection.
AB163,332
21Section
332. 145.20 (3) (c) of the statutes is amended to read:
AB163,82,922
145.20
(3) (c) If the governing body for a governmental unit responsible for the
23regulation of private on-site wastewater treatment systems does not adopt a private
24on-site wastewater treatment system ordinance meeting the requirements of s.
2559.70 (5) or if the governmental unit does not appoint personnel meeting the
1requirements of sub. (1) or if the governmental unit does not comply with the
2requirements of sub. (2) or s. 145.19 (3), the department
of natural resources may
3conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon
4as practicable after the public hearing, the department
of natural resources shall
5issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub.
6(1) or (2). If the department
of natural resources determines that there is a violation
7of these provisions, the governmental unit may not issue a sanitary permit for the
8installation of a private on-site wastewater treatment system until the violation is
9corrected.
AB163,333
10Section
333. 145.20 (3) (d) of the statutes is amended to read:
AB163,82,1911
145.20
(3) (d) The department
of natural resources shall conduct training and
12informational programs for officials of the governmental unit responsible for the
13regulation of private on-site wastewater treatment systems and employees and
14persons licensed under this chapter and s. 281.48 and certified as operators of
15septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under
16the private on-site wastewater treatment system program. The department
of
17natural resources shall obtain the assistance of the Wisconsin counties association
,
18and may consult with the department of financial institutions and professional
19standards, in planning and conducting the training and informational programs.
AB163,334
20Section
334. 145.20 (5) (a) of the statutes is amended to read:
AB163,83,1021
145.20
(5) (a) The department
of natural resources shall establish a
22maintenance program to be administered by governmental units responsible for the
23regulation of private on-site wastewater treatment systems. The department
of
24natural resources shall determine the private on-site wastewater treatment
25systems to which the maintenance program applies. At a minimum the maintenance
1program is applicable to all new or replacement private on-site wastewater
2treatment systems constructed in a governmental unit after the date on which the
3governmental unit adopts this program. The department
of natural resources may
4apply the maintenance program by rule to private on-site wastewater treatment
5systems constructed in a governmental unit responsible for the regulation of private
6on-site wastewater treatment systems on or before the date on which the
7governmental unit adopts the program.
The department shall determine the private
8on-site wastewater treatment systems to which the maintenance program applies
9in governmental units that do not meet the conditions for eligibility under s. 145.245
10(9).
AB163,335
11Section
335. 145.20 (5) (am) of the statutes is amended to read:
AB163,83,1912
145.20
(5) (am) Each governmental unit responsible for the regulation of
13private on-site wastewater treatment systems shall adopt and begin the
14administration of the program established under par. (a) before October 1, 2019. As
15part of adopting and administering the program, the governmental unit shall
16conduct and maintain an inventory of all the private on-site wastewater treatment
17systems located in the governmental unit and shall complete the initial inventory
18before October 1, 2017.
In order to be eligible for grant funding under s. 145.245, a
19governmental unit must comply with these deadlines.
AB163,336
20Section
336. 145.20 (5) (b) of the statutes is amended to read:
AB163,84,821
145.20
(5) (b) The maintenance program shall include a requirement of
22inspection or pumping of the private on-site wastewater treatment system at least
23once every 3 years if the private on-site wastewater treatment system does not have
24a maintenance plan as prescribed by rule by the department
of natural resources.
25Inspections may be conducted by a master plumber, journeyman plumber or
1restricted plumber licensed under this chapter, a person licensed under s. 281.48 or
2by an employee of the state or governmental unit designated by the department
of
3natural resources, and the department
of natural resources may determine by rule
4other persons who are qualified to undertake required inspection, maintenance, or
5repairs. The department
of natural resources shall specify the methods to establish
6the required frequency of inspection, maintenance, and pumping for each type of
7private on-site wastewater treatment system that does not have a maintenance plan
8and shall periodically update the methods.
AB163,337
9Section
337. 145.20 (5) (c) of the statutes is amended to read:
AB163,84,1610
145.20
(5) (c) The department of natural resources may suspend or revoke a
11license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the
12operator of a septage servicing vehicle if the department of natural resources finds
13that the licensee or operator falsified information on inspection forms. The
14department
of safety and professional services may suspend or revoke the license of
15a plumber licensed under this chapter if the department finds that the plumber
16falsified information on inspection forms.
AB163,338
17Section
338. 145.20 (7) of the statutes is created to read:
AB163,84,2018
145.20
(7) Amounts deposited in the environmental fund. All moneys
19collected by the department under rules promulgated under this section shall be
20deposited in the environmental fund for environmental management.
AB163,339
21Section
339. 145.23 of the statutes is amended to read:
AB163,85,2
22145.23 Rules. The department
of natural resources may make and enforce
23rules relating to lot size and lot elevation necessary for proper sanitary conditions
24in the development and maintenance of subdivisions not served by a public sewer,
25where provision for such service has not been made.
The department of natural
1resources may consult with the department of financial institutions and professional
2standards in promulgating rules under this section.
AB163,340
3Section
340. 145.24 (1) of the statutes is amended to read:
AB163,85,84
145.24
(1) If an existing private on-site wastewater treatment system either
5is not located in soil meeting the siting standards or is not constructed in accordance
6with design standards promulgated under s. 145.02 or 145.13, the owner of the
7private on-site wastewater treatment system may petition the department
of
8natural resources for a variance to the siting or design standards.
AB163,341
9Section
341. 145.24 (2) of the statutes is amended to read:
AB163,85,1210
145.24
(2) The department
of natural resources shall establish procedures for
11the review and evaluation of existing private on-site wastewater treatment systems
12which do not comply with siting or design standards.
AB163,342
13Section
342. 145.24 (3) of the statutes is amended to read:
AB163,85,2514
145.24
(3) Upon receipt of a petition for a variance, the department
of natural
15resources shall require the owner of the private on-site wastewater treatment
16system to submit information necessary to evaluate the request for a variance. If the
17department
of natural resources determines that the existing private on-site
18wastewater treatment system is not a failing private on-site wastewater treatment
19system, and continued use of the existing private on-site wastewater treatment
20system will not pose a threat of contamination of waters of the state, then the
21department
of natural resources may issue a variance to allow continued use of the
22existing private on-site wastewater treatment system. The department
of natural
23resources shall rescind the variance if the existing private on-site wastewater
24treatment system becomes a failing private on-site wastewater treatment system or
25contaminates waters of the state.
AB163,343
1Section
343. 145.245 of the statutes is repealed.
AB163,344
2Section
344. 157.061 (2g) of the statutes is amended to read:
AB163,86,43
157.061
(2g) "Cemetery board" means the board created in s.
15.405 15.175 4(3m).
AB163,345
5Section
345. 157.062 (1) of the statutes is amended to read:
AB163,86,156
157.062
(1) Organization. Seven or more residents of the same county may
7form a cemetery association. They shall meet, select a chairperson and secretary,
8choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
9more than 9 trustees whom the chairperson and secretary shall immediately divide
10by lot into 3 classes, who shall hold their offices for 1, 2
, and 3 years, respectively.
11Within 3 days, the chairperson and secretary shall certify the corporate name, the
12names, home addresses and business addresses of the organizers and of the trustees,
13and their classification, and the annual meeting date acknowledged by them, and,
14except as provided in sub. (9), deliver the certification to the department
of financial
15institutions. The association then has the powers of a corporation.
AB163,346
16Section
346. 157.062 (2) of the statutes is amended to read:
AB163,86,2217
157.062
(2) Amendments. The association may change its name, the number
18of trustees or the annual meeting date by resolution at an annual meeting, or special
19meeting called for such purpose, by a majority vote of the members present, and,
20except as provided in sub. (9), by delivering to the department
of financial
21institutions a copy of the resolution, with the date of adoption, certified by the
22president and secretary or corresponding officers.
AB163,347
23Section
347. 157.062 (6) (b) of the statutes is amended to read:
AB163,87,1324
157.062
(6) (b) If an association that has been dissolved under par. (a), or any
25group that was never properly organized as a cemetery association, has cemetery
1grounds and human remains are buried in the cemetery grounds, 5 or more
2members, or persons interested as determined by order of the circuit judge under par.
3(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
4cemetery is located, of the time, place
, and object of the meeting, assemble and
5reorganize by the election of trustees and divide them into classes as provided in sub.
6(1), the commencement of the terms to be computed from the next annual meeting
7date. The secretary shall enter the proceedings of the meeting on the records. The
8association is reorganized upon delivery of a copy of the proceedings to the
9department
of financial institutions, except as provided in sub. (9). Upon
10reorganization, the title to the cemetery grounds, trust funds
, and all other property
11of the association or group vests in the reorganized association, under the control of
12the trustees. The reorganized association may continue the name of the dissolved
13association or may adopt a new name.
AB163,348
14Section
348. 157.062 (6m) of the statutes is amended to read:
AB163,87,1615
157.062
(6m) Forms. The department
of financial institutions may prescribe
16and furnish forms for providing the information required under subs. (1) to (6).
AB163,349
17Section
349. 157.062 (9) of the statutes is amended to read: