SB119,313 13Section 313. 145.02 (title) of the statutes is amended to read:
SB119,76,15 14145.02 (title) Powers of the department of financial institutions and
15professional standards and the department of natural resources
.
SB119,314 16Section 314. 145.02 (2) of the statutes is amended to read:
SB119,76,2417 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.
SB119,315 25Section 315. 145.02 (2m) of the statutes is created to read:
SB119,77,5
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.
SB119,316 6Section 316. 145.02 (4) (a) of the statutes is amended to read:
SB119,77,127 145.02 (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.
SB119,317 13Section 317. 145.045 (1) of the statutes is amended to read:
SB119,77,2214 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.
SB119,318 23Section 318. 145.045 (3) of the statutes is amended to read:
SB119,78,324 145.045 (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.
SB119,319 4Section 319. 145.17 (2) of the statutes is amended to read:
SB119,78,105 145.17 (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.
SB119,320 11Section 320. 145.19 (1b) of the statutes is amended to read:
SB119,78,1512 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.
SB119,321 16Section 321. 145.19 (1m) of the statutes is amended to read:
SB119,78,2217 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.
SB119,322 23Section 322. 145.19 (2) of the statutes is amended to read:
SB119,79,524 145.19 (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.
SB119,323 6Section 323. 145.19 (3) of the statutes is amended to read:
SB119,79,167 145.19 (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.
SB119,324 17Section 324. 145.19 (6) of the statutes is amended to read:
SB119,79,2318 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.
SB119,325 24Section 325. 145.19 (6m) of the statutes is created to read:
SB119,80,3
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.
SB119,326 4Section 326. 145.20 (2) (e) of the statutes is amended to read:
SB119,80,75 145.20 (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.
SB119,327 8Section 327. 145.20 (2) (g) of the statutes is amended to read:
SB119,80,129 145.20 (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.
SB119,328 13Section 328. 145.20 (3) (title) of the statutes is amended to read:
SB119,80,1414 145.20 (3) (title) Department of natural resources responsibilities.
SB119,329 15Section 329. 145.20 (3) (a) 1. of the statutes is amended to read:
SB119,80,2016 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.
SB119,330 21Section 330. 145.20 (3) (a) 2. of the statutes is amended to read:
SB119,81,1322 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.
SB119,331 14Section 331. 145.20 (3) (b) of the statutes is amended to read:
SB119,81,2015 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.
SB119,332 21Section 332. 145.20 (3) (c) of the statutes is amended to read:
SB119,82,922 145.20 (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.
SB119,333 10Section 333. 145.20 (3) (d) of the statutes is amended to read:
SB119,82,1911 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.
SB119,334 20Section 334. 145.20 (5) (a) of the statutes is amended to read:
SB119,83,1021 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).
SB119,335 11Section 335. 145.20 (5) (am) of the statutes is amended to read:
SB119,83,1912 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.
SB119,336 20Section 336. 145.20 (5) (b) of the statutes is amended to read:
SB119,84,821 145.20 (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.
SB119,337 9Section 337. 145.20 (5) (c) of the statutes is amended to read:
SB119,84,1610 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.
SB119,338 17Section 338. 145.20 (7) of the statutes is created to read:
SB119,84,2018 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.
SB119,339 21Section 339. 145.23 of the statutes is amended to read:
SB119,85,2 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.
SB119,340 3Section 340. 145.24 (1) of the statutes is amended to read:
SB119,85,84 145.24 (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.
SB119,341 9Section 341. 145.24 (2) of the statutes is amended to read:
SB119,85,1210 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.
SB119,342 13Section 342. 145.24 (3) of the statutes is amended to read:
SB119,85,2514 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.
SB119,343
1Section 343. 145.245 of the statutes is repealed.
SB119,344 2Section 344. 157.061 (2g) of the statutes is amended to read:
SB119,86,43 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175
4(3m).
SB119,345 5Section 345. 157.062 (1) of the statutes is amended to read:
SB119,86,156 157.062 (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.
SB119,346 16Section 346. 157.062 (2) of the statutes is amended to read:
SB119,86,2217 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.
SB119,347 23Section 347. 157.062 (6) (b) of the statutes is amended to read:
SB119,87,1324 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.
SB119,348 14Section 348. 157.062 (6m) of the statutes is amended to read:
SB119,87,1615 157.062 (6m) Forms. The department of financial institutions may prescribe
16and furnish forms for providing the information required under subs. (1) to (6).
SB119,349 17Section 349. 157.062 (9) of the statutes is amended to read:
SB119,87,2318 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a
19certification, resolution, or copy of proceedings to the department of financial
20institutions
under sub. (1), (2), or (6) (b), a cemetery association that is not required
21to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the
22certification, resolution, or copy of proceedings to the office of the register of deeds
23of the county in which the cemetery is located.
SB119,350 24Section 350. 157.064 (7) of the statutes is amended to read:
SB119,88,5
1157.064 (7) Not more than 30 days after a transfer under sub. (6), the
2transferring association shall notify the department of financial institutions in
3writing of the transfer, including the name and address of the accepting association
4or its treasurer. The department of financial institutions may prescribe and furnish
5forms for providing the information required under this subsection.
SB119,351 6Section 351. 157.11 (9m) of the statutes is amended to read:
SB119,88,107 157.11 (9m) Action by district attorney. If any money or property is not
8turned over when required by this section, or default occurs under a bond, the district
9attorney, upon the request of the department of safety and professional services,
10shall bring action to recover.
SB119,352 11Section 352. 157.12 (3) (b) of the statutes is amended to read:
SB119,88,2112 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The
13treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
14approved by the department of safety and professional services to indemnify the
15cemetery against loss if the treasurer fails to maintain the fund. No indemnity is
16required if the terms of sale of a mausoleum space require the purchaser to pay
17directly to a trust company in the state, designated by the cemetery as custodian of
18the fund. The fund shall be invested as provided in s. 157.19. Income from
19investment may be used only to maintain the mausoleum, except that if the amount
20of income exceeds the amount necessary to properly maintain the mausoleum the
21excess amount may be used to maintain any portion of the cemetery.
SB119,353 22Section 353. 157.62 (1) (a) (intro.) of the statutes is amended to read:
SB119,89,323 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
24cemetery association shall file an annual report with the department of financial
25institutions
. The report shall be made on a calendar-year basis unless the

1department of financial institutions, by rule, provides for other reporting periods.
2The report is due on the 60th day after the last day of the reporting period. The
3annual report shall include all of the following:
SB119,354 4Section 354. 157.62 (1) (c) of the statutes is amended to read:
SB119,89,95 157.62 (1) (c) The department of financial institutions may prescribe and
6furnish forms for reports required under this subsection. If the department of
7financial institutions
prescribes forms under this paragraph, the department of
8financial institutions
shall mail the forms to cemetery associations required to file
9under par. (a) no later than 60 days before the reports are due.
SB119,355 10Section 355. 157.65 (1) (a) of the statutes is amended to read:
SB119,89,1511 157.65 (1) (a) If the department of safety and professional services has reason
12to believe that any person is violating or has violated this subchapter or any rule
13promulgated under this subchapter and that the continuation of that activity might
14cause injury to the public interest, the department of safety and professional services
15may investigate.
SB119,356 16Section 356. 157.65 (1) (b) of the statutes is amended to read:
SB119,89,2017 157.65 (1) (b) If the department of safety and professional services has reason
18to believe that any person is violating s. 157.12 or any rule promulgated under s.
19157.12 and that the continuation of that activity might cause injury to the public
20interest, the department of safety and professional services may investigate.
SB119,357 21Section 357. 157.65 (2) of the statutes is amended to read:
SB119,90,722 157.65 (2) The department of justice or any district attorney, upon informing
23the department of justice, may commence an action in circuit court in the name of
24the state to restrain by temporary or permanent injunction any violation of this
25subchapter. The court may, prior to entry of final judgment, make such orders or

1judgments as may be necessary to restore to any person any pecuniary loss suffered
2because of the acts or practices involved in the action, if proof of such loss is submitted
3to the satisfaction of the court. The department of justice may subpoena persons and
4require the production of books and other documents, and may request the board
5described in s. 15.405 15.175 (3m) or the department of safety and professional
6services
to exercise its authority under sub. (1) to aid in the investigation of alleged
7violations of this subchapter.
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