SB21: Bill Text

SB21,3439 Section 3439. 138.056 (1) (a) 4. d. of the statutes is amended to read:

SB21,1317,22 138.056 (1) (a) 4. d. The division of banking department of financial institutions and professional standards for all other lenders.

SB21,3440 Section 3440. 138.09 (1d) of the statutes is amended to read:

SB21,1317,25 138.09 (1d) In this section, "division" "department" means the division of banking department of financial institutions and professional standards.

SB21,3441 Section 3441. 138.12 (1) (a) of the statutes is repealed.

SB21,3442 Section 3442. 138.12 (1) (am) of the statutes is created to read:

SB21,1318,4 138.12 (1) (am) "Department" means the department of financial institutions and professional standards.

SB21,3443 Section 3443. 138.14 (1) (f) of the statutes is repealed.

SB21,3444 Section 3444. 138.14 (9r) (f) of the statutes is amended to read:

SB21,1318,12 138.14 (9r) (f) The division department shall make copies of the informational materials under par. (a) available, upon request, to licensees and to the public, including making these informational materials available on the department's Internet site of the department of financial institutions. The division department may charge licensees a reasonable fee for printed copies of informational materials supplied under this paragraph.

SB21,3445 Section 3445. 138.16 (1) (a) of the statutes is amended to read:

SB21,1318,15 138.16 (1) (a) "Division" Department means the division of banking attached to the department of financial institutions and professional standards.

SB21,3446 Section 3446. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.) and amended to read:

SB21,1318,21 145.01 (4m) Failing private on-site wastewater treatment system. (intro.) "Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 (4). means a private on-site wastewater treatment system that causes or results in any of the following conditions:

SB21,3447 Section 3447. 145.01 (4m) (a) of the statutes is created to read:

SB21,1318,23 145.01 (4m) (a) The discharge of sewage into surface water or groundwater.

SB21,3448 Section 3448. 145.01 (4m) (b) of the statutes is created to read:

SB21,1319,2 145.01 (4m) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

SB21,3449 Section 3449. 145.01 (4m) (c) of the statutes is created to read:

SB21,1319,4 145.01 (4m) (c) The discharge of sewage to a drain tile or into zones of bedrock.

SB21,3450 Section 3450. 145.01 (4m) (d) of the statutes is created to read:

SB21,1319,6 145.01 (4m) (d) The discharge of sewage to the surface of the ground.

SB21,3451 Section 3451. 145.01 (4m) (e) of the statutes is created to read:

SB21,1319,9 145.01 (4m) (e) The failure to accept sewage discharges and backup of sewage into the structure served by the private on-site wastewater treatment system.

SB21,3452 Section 3452. 145.01 (12) of the statutes is amended to read:

SB21,1319,19 145.01 (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.

SB21,3453 Section 3453. 145.02 (title) of the statutes is amended to read:

SB21,1319,22 145.02 (title) Powers of the department of financial institutions and professional standards and the department of natural resources.

SB21,3454 Section 3454. 145.02 (2) of the statutes is amended to read:

SB21,1320,6 145.02 (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.

SB21,3455 Section 3455. 145.02 (2m) of the statutes is created to read:

SB21,1320,12 145.02 (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.

SB21,3456 Section 3456. 145.02 (4) (a) of the statutes is amended to read:

SB21,1320,19 145.02 (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.

SB21,3457 Section 3457. 145.045 (1) of the statutes is amended to read:

SB21,1321,4 145.045 (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.

SB21,3458 Section 3458. 145.045 (3) of the statutes is amended to read:

SB21,1321,10 145.045 (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.

SB21,3459 Section 3459. 145.17 (2) of the statutes is amended to read:

SB21,1321,17 145.17 (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.

SB21,3460 Section 3460. 145.19 (1b) of the statutes is amended to read:

SB21,1321,22 145.19 (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.

SB21,3461 Section 3461. 145.19 (1m) of the statutes is amended to read:

SB21,1322,4 145.19 (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.

SB21,3462 Section 3462. 145.19 (2) of the statutes is amended to read:

SB21,1322,12 145.19 (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.

SB21,3463 Section 3463. 145.19 (3) of the statutes is amended to read:

SB21,1322,23 145.19 (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.

SB21,3464 Section 3464. 145.19 (6) of the statutes is amended to read:

SB21,1323,6 145.19 (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.

SB21,3465 Section 3465. 145.20 (2) (e) of the statutes is amended to read:

SB21,1323,10 145.20 (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.

SB21,3466 Section 3466. 145.20 (2) (g) of the statutes is amended to read:

SB21,1323,15 145.20 (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.

SB21,3467 Section 3467. 145.20 (3) (title) of the statutes is amended to read:

SB21,1323,17 145.20 (3) (title) Department of natural resources responsibilities.

SB21,3468 Section 3468. 145.20 (3) (a) 1. of the statutes is amended to read:

SB21,1323,23 145.20 (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.

SB21,3469 Section 3469. 145.20 (3) (a) 2. of the statutes is amended to read:

SB21,1324,17 145.20 (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.

SB21,3470 Section 3470. 145.20 (3) (b) of the statutes is amended to read:

SB21,1324,24 145.20 (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.

SB21,3471 Section 3471. 145.20 (3) (c) of the statutes is amended to read:

SB21,1325,13 145.20 (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.

SB21,3472 Section 3472. 145.20 (3) (d) of the statutes is amended to read:

SB21,1325,23 145.20 (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.

SB21,3473 Section 3473. 145.20 (5) (a) of the statutes is amended to read:

SB21,1326,14 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department 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 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).

SB21,3474 Section 3474 . 145.20 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1327,3 145.20 (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.

SB21,3475 Section 3475. 145.20 (5) (am) of the statutes is amended to read:

SB21,1327,12 145.20 (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.

SB21,3476 Section 3476. 145.20 (5) (b) of the statutes is amended to read:

SB21,1328,2 145.20 (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.

SB21,3477 Section 3477. 145.20 (5) (c) of the statutes is amended to read:

SB21,1328,10 145.20 (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.

SB21,3478 Section 3478. 145.23 of the statutes is amended to read:

SB21,1328,17 145.23 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.

SB21,3479 Section 3479. 145.24 (1) of the statutes is amended to read:

SB21,1328,23 145.24 (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.

SB21,3480 Section 3480. 145.24 (2) of the statutes is amended to read:

SB21,1329,3 145.24 (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.

SB21,3481 Section 3481. 145.24 (3) of the statutes is amended to read:

SB21,1329,16 145.24 (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.

SB21,3482 Section 3482. 145.245 of the statutes is repealed.

SB21,3483 Section 3483. 146.82 (1) of the statutes is amended to read:

SB21,1330,2 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated or disclosed pursuant to rules promulgated under s. 450.19 961.385; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

SB21,3484 Section 3484. 153.60 (intro.) and (1) of the statutes are consolidated, renumbered 153.60 and amended to read: