AB163: Bill Text

AB163,311 Section 311. 145.01 (4m) (e) of the statutes is created to read:

AB163,76,2 145.01 (4m) (e) The failure to accept sewage discharges and backup of sewage into the structure served by the private on-site wastewater treatment system.

AB163,312 Section 312. 145.01 (12) of the statutes is amended to read:

AB163,76,12 145.01 (12) Private on-site wastewater treatment system. "Private 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 of natural resources 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 on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

AB163,313 Section 313. 145.02 (title) of the statutes is amended to read:

AB163,76,15 145.02 (title) Powers of the department of financial institutions and professional standards and the department of natural resources.

AB163,314 Section 314. 145.02 (2) of the statutes is amended to read:

AB163,76,24 145.02 (2) The Except as provided in sub. (2m), the department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121.

AB163,315 Section 315. 145.02 (2m) of the statutes is created to read:

AB163,77,5 145.02 (2m) The department of natural resources shall have general supervision of private on-site wastewater treatment systems and shall have the powers described under s. 281.48 with respect to those systems. The department shall promulgate rules establishing standards for private on-site wastewater treatment systems.

AB163,316 Section 316. 145.02 (4) (a) of the statutes is amended to read:

AB163,77,12 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.407 15.177 (16), shall advise the department in formulating the rules.

AB163,317 Section 317. 145.045 (1) of the statutes is amended to read:

AB163,77,22 145.045 (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 of natural resources that relate to private on-site wastewater treatment systems unless the person holds a valid certificate issued under this section.

AB163,318 Section 318. 145.045 (3) of the statutes is amended to read:

AB163,78,3 145.045 (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 of financial institutions and professional standards, the department of natural resources, or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

AB163,319 Section 319. 145.17 (2) of the statutes is amended to read:

AB163,78,10 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.407 15.177 (17), shall advise the department in formulating the rules.

AB163,320 Section 320. 145.19 (1b) of the statutes is amended to read:

AB163,78,15 145.19 (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 of natural resources or any governmental unit responsible for the regulation of private on-site wastewater treatment systems.

AB163,321 Section 321. 145.19 (1m) of the statutes is amended to read:

AB163,78,22 145.19 (1m) Application process. The department of natural resources shall prescribe the information to be included in an application for a sanitary permit. 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 of natural resources under this chapter.

AB163,322 Section 322. 145.19 (2) of the statutes is amended to read:

AB163,79,5 145.19 (2) Fee. No fee for a sanitary permit may be less than the amount determined under by the department of natural resources by rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than the amount determined under by the department of natural resources by 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.

AB163,323 Section 323. 145.19 (3) of the statutes is amended to read:

AB163,79,16 145.19 (3) Fees and records of permits forwarded to the department of natural resources. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department of natural resources within 90 days after each valid permit is issued a portion of the fee, as determined under by the department of natural resources by 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 of natural resources by rule, and shall be submitted by the governmental unit to the department of natural resources at intervals to be determined by the department of natural resources by rule.

AB163,324 Section 324. 145.19 (6) of the statutes is amended to read:

AB163,79,23 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private 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 of natural resources together with the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

AB163,325 Section 325. 145.19 (6m) of the statutes is created to read:

AB163,80,3 145.19 (6m) Amounts deposited in the environmental fund. All moneys collected by the department under this section shall be deposited in the environmental fund for environmental management.

AB163,326 Section 326. 145.20 (2) (e) of the statutes is amended to read:

AB163,80,7 145.20 (2) (e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or the department of natural resources.

AB163,327 Section 327. 145.20 (2) (g) of the statutes is amended to read:

AB163,80,12 145.20 (2) (g) Perform other duties regarding private on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or as required by the rules of the department of natural resources.

AB163,328 Section 328. 145.20 (3) (title) of the statutes is amended to read:

AB163,80,14 145.20 (3) (title) Department of natural resources responsibilities.

AB163,329 Section 329. 145.20 (3) (a) 1. of the statutes is amended to read:

AB163,80,20 145.20 (3) (a) 1. The department of natural resources may specify categories of private on-site wastewater treatment systems for which approval by the department of natural resources is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

AB163,330 Section 330. 145.20 (3) (a) 2. of the statutes is amended to read:

AB163,81,13 145.20 (3) (a) 2. The department of natural resources may exempt a governmental unit from any category of private on-site wastewater treatment systems for which departmental approval by the department of natural resources is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department of natural resources, 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 of natural resources. The department of natural resources 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 of natural resources. 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 of natural resources 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.

AB163,331 Section 331. 145.20 (3) (b) of the statutes is amended to read:

AB163,81,20 145.20 (3) (b) The department of natural resources shall review the private on-site wastewater treatment system program in each governmental unit responsible for the regulation of private on-site wastewater treatment systems to ascertain compliance with sub. (2) and with regulations issued by the department of natural resources. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

AB163,332 Section 332. 145.20 (3) (c) of the statutes is amended to read:

AB163,82,9 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department of natural resources may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department of natural resources shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department of natural resources determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

AB163,333 Section 333. 145.20 (3) (d) of the statutes is amended to read:

AB163,82,19 145.20 (3) (d) The department of natural resources shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private on-site wastewater treatment system program. The department of natural resources shall obtain the assistance of the Wisconsin counties association, and may consult with the department of financial institutions and professional standards, in planning and conducting the training and informational programs.

AB163,334 Section 334. 145.20 (5) (a) of the statutes is amended to read:

AB163,83,10 145.20 (5) (a) The department of natural resources shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department of natural resources shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department of natural resources may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9).

AB163,335 Section 335. 145.20 (5) (am) of the statutes is amended to read:

AB163,83,19 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

AB163,336 Section 336. 145.20 (5) (b) of the statutes is amended to read:

AB163,84,8 145.20 (5) (b) The maintenance program shall include a requirement of inspection or pumping of the private on-site wastewater treatment system at least once every 3 years if the private on-site wastewater treatment system does not have a maintenance plan as prescribed by rule by the department of natural resources. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department of natural resources, and the department of natural resources may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department of natural resources shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private on-site wastewater treatment system that does not have a maintenance plan and shall periodically update the methods.

AB163,337 Section 337. 145.20 (5) (c) of the statutes is amended to read:

AB163,84,16 145.20 (5) (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of safety and professional services may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB163,338 Section 338. 145.20 (7) of the statutes is created to read:

AB163,84,20 145.20 (7) Amounts deposited in the environmental fund. All moneys collected by the department under rules promulgated under this section shall be deposited in the environmental fund for environmental management.

AB163,339 Section 339. 145.23 of the statutes is amended to read:

AB163,85,2 145.23 Rules. The department of natural resources may make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made. The department of natural resources may consult with the department of financial institutions and professional standards in promulgating rules under this section.

AB163,340 Section 340. 145.24 (1) of the statutes is amended to read:

AB163,85,8 145.24 (1) If an existing private on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13, the owner of the private on-site wastewater treatment system may petition the department of natural resources for a variance to the siting or design standards.

AB163,341 Section 341. 145.24 (2) of the statutes is amended to read:

AB163,85,12 145.24 (2) The department of natural resources shall establish procedures for the review and evaluation of existing private on-site wastewater treatment systems which do not comply with siting or design standards.

AB163,342 Section 342. 145.24 (3) of the statutes is amended to read:

AB163,85,25 145.24 (3) Upon receipt of a petition for a variance, the department of natural resources shall require the owner of the private on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department of natural resources determines that the existing private on-site wastewater treatment system is not a failing private on-site wastewater treatment system, and continued use of the existing private on-site wastewater treatment system will not pose a threat of contamination of waters of the state, then the department of natural resources may issue a variance to allow continued use of the existing private on-site wastewater treatment system. The department of natural resources shall rescind the variance if the existing private on-site wastewater treatment system becomes a failing private on-site wastewater treatment system or contaminates waters of the state.

AB163,343 Section 343. 145.245 of the statutes is repealed.

AB163,344 Section 344. 157.061 (2g) of the statutes is amended to read:

AB163,86,4 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175 (3m).

AB163,345 Section 345. 157.062 (1) of the statutes is amended to read:

AB163,86,15 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

AB163,346 Section 346. 157.062 (2) of the statutes is amended to read:

AB163,86,22 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

AB163,347 Section 347. 157.062 (6) (b) of the statutes is amended to read:

AB163,87,13 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

AB163,348 Section 348. 157.062 (6m) of the statutes is amended to read:

AB163,87,16 157.062 (6m) Forms. The department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).

AB163,349 Section 349. 157.062 (9) of the statutes is amended to read:

AB163,87,23 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a certification, resolution, or copy of proceedings to the department of financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the certification, resolution, or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

AB163,350 Section 350. 157.064 (7) of the statutes is amended to read:

AB163,88,5 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.

AB163,351 Section 351. 157.11 (9m) of the statutes is amended to read:

AB163,88,10 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of safety and professional services, shall bring action to recover.

AB163,352 Section 352. 157.12 (3) (b) of the statutes is amended to read:

AB163,88,21 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

AB163,353 Section 353. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB163,89,3 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions. The report shall be made on a calendar-year basis unless the department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

AB163,354 Section 354. 157.62 (1) (c) of the statutes is amended to read:

AB163,89,9 157.62 (1) (c) The department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions prescribes forms under this paragraph, the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

AB163,355 Section 355. 157.65 (1) (a) of the statutes is amended to read:

AB163,89,15 157.65 (1) (a) If the department of safety and professional services has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.