Amendment SA7-SB76

SB76-SA7,13,3 (3) (a) 2. The department may exempt a governmental unit responsible for the regulation of private on-site wastewater treatment systems from any category of private on-site wastewater treatment systems for which departmental approval is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department, 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. The department 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. 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 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.

SB76-SA7,13,15 (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. 145.19 281.474 (3), the department 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 shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 281.474 (3) or sub. (1) or (2). If the department 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.

SB76-SA7,13,23 (d) The department 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 subchapter 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 shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

SB76-SA7,14,4 (4) Special assessment for holding and septic tank pumping. A governmental unit responsible for the regulation of private on-site wastewater treatment systems may assess the owner of a private on-site wastewater treatment system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village, or town makes an assessment under s. 66.0703.

SB76-SA7,14,18 (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. 145.245 281.485 (9).

SB76-SA7,15,2 (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. 145.245 281.485, a governmental unit must comply with these deadlines.

SB76-SA7,15,15 (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. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber person licensed under this chapter s. 281.473, a person licensed under s. 281.48, or by an employee of the state or governmental unit responsible for the regulation of private on-site wastewater treatment systems designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department 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.

SB76-SA7,15,22 (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.

SB76-SA7,16,2 (6) (a) (intro.) Except as provided in par. (b), a governmental unit an employee of a governmental unit responsible for the regulation of private on-site wastewater treatment systems who has responsibilities related to any of the activities under sub. (2) (a) to (i) may not do any of the following in the county in which the employee is employed or in an adjacent county:

SB76-SA7,16,5 1. Conduct any activities for which certification is required under s. 145.045 281.472 (1), except that the employee may review and verify soil tester reports as provided in sub. (2) (a).

SB76-SA7,1zf Section 1zf. 145.23 (title) of the statutes is repealed.

SB76-SA7,1zg Section 1zg. 145.23 of the statutes is renumbered 281.12 (4).

SB76-SA7,1zh Section 1zh. 145.24 of the statutes is renumbered 281.483, and 281.483 (title) and (2), as renumbered, are amended to read:

SB76-SA7,16,13 281.483 (title) Variances for noncompliant private on-site wastewater treatment systems. (2) The department shall establish procedures for the review and evaluation of existing private on-site wastewater treatment systems which that do not comply with siting or design standards.

SB76-SA7,1zi Section 1zi. 145.245 (title) of the statutes is renumbered 281.485 (title) and amended to read:

SB76-SA7,16,17 281.485 (title) Private on-site wastewater treatment system replacement or rehabilitation program.

SB76-SA7,1zj Section 1zj. 145.245 (1) (intro.), (a), (ae), (am), (b) and (c) of the statutes are renumbered 281.485 (1) (intro.), (a), (ae), (am), (b) and (c), and 281.485 (1) (a) 2., as renumbered, is amended to read:

SB76-SA7,16,22 281.485 (1) (a) 2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f) or 281.19 (2) or 281.476 (2) (f).

SB76-SA7,1zk Section 1zk. 145.245 (1) (dm) of the statutes is repealed.

SB76-SA7,1zL Section 1zL. 145.245 (1) (e), (4), (4m), (5), (5m), (6), (7), (8), (9), (10), (11), (11m), (12), (12m), (13), (14) and (15) of the statutes are renumbered 281.485 (1) (e), (4), (4m), (5), (5m), (6), (7), (8), (9), (10), (11), (11m), (12), (12m), (13), (14) and (15), and 281.485 (7) (e), (9) (a) and (12m) (e), (f), (g) and (h), as renumbered, are amended to read:

SB76-SA7,17,10 281.485 (7) (e) Costs allowable for experimental private on-site wastewater treatment systems shall include the costs of installing and monitoring experimental private on-site wastewater treatment systems installed under s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor, and allocate the state share for experimental private on-site wastewater treatment systems that the department funds under this section.

SB76-SA7,17,12 (9) (a) Adopt and administer the maintenance program established under s. 145.20 281.476 (5);

SB76-SA7,17,17 (12m) (e) The department of safety and professional services natural resources and the department of administration may enter into a financial assistance agreement with a governmental unit that applies for a loan under this subsection and meets the eligibility requirements for a loan, including the requirements under par. (d).

SB76-SA7,17,25 (f) The department of administration, in consultation with the department of safety and professional services natural resources, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation is required for the repayment of the financial assistance. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation, and the applicant's creditworthiness.

SB76-SA7,18,5 (g) The department of administration shall make and disburse a loan to an applicant that has entered into a financial assistance agreement under par. (e). The department of administration, in consultation with the department of safety and professional services natural resources, shall establish procedures for disbursing loans.

SB76-SA7,18,15 (h) If a governmental unit fails to make a principal repayment after its due date, the department of administration shall place on file a certified statement of all amounts due under this subsection. After consulting the department of safety and professional services natural resources, the department of administration may collect all amounts due by deducting those amounts from any state payments due the governmental unit or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of safety and professional services natural resources of that action.

SB76-SA7,1zm Section 1zm. 160.255 (1) of the statutes is amended to read:

SB76-SA7,18,18 160.255 (1) In this section, “private on-site wastewater treatment system" has the meaning given in s. 145.01 (12) 281.01 (10m).

SB76-SA7,1zn Section 1zn. 200.21 (11) of the statutes is amended to read:

SB76-SA7,18,23 200.21 (11) “Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. “Sewerage system" does not include any private on-site wastewater treatment system, as defined in s. 145.01 (12) 281.01 (10m), or any local sewer.

SB76-SA7,1zo Section 1zo. 200.29 (1) (c) 3. a. of the statutes is amended to read:

SB76-SA7,19,5 200.29 (1) (c) 3. a. The weight to be given to the need for private on-site wastewater treatment systems, as defined in s. 145.01 (12) 281.01 (10m), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB76-SA7,1zp Section 1zp. 281.17 (3) of the statutes is amended to read:

SB76-SA7,20,3 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification, except that the department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay a fee. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.20 281.476 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, “wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.”.

SB76-SA7,20,4 4. Page 10, line 10: after that line insert:

SB76-SA7,20,5 “ Section 4a. 281.473 of the statutes is created to read:

SB76-SA7,20,10 281.473 Licensing of installers. The department shall promulgate rules as to the qualifications, examination, and licensing of persons that install septic tanks for private on-site wastewater treatment systems, drain fields designed to serve those septic tanks, and sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building.

SB76-SA7,4b Section 4b. 281.48 (2) (bm) of the statutes is repealed.

SB76-SA7,4c Section 4c. 281.48 (5) (a) 4. of the statutes is amended to read:

SB76-SA7,20,15 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.20 281.476 (5).

SB76-SA7,4d Section 4d. 281.48 (5m) (c) of the statutes is amended to read:

SB76-SA7,21,6 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 281.472 and to obtain a site approval for each location where the person disposes of septage on land. The county shall maintain records of soil tests, site approvals, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site approvals under this paragraph if the department determines that the fees are no more than is necessary to fund the county program under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in s. 281.98.

SB76-SA7,4e Section 4e. 281.57 (7) (c) 1. of the statutes is amended to read:

SB76-SA7,21,14 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33 percent of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (ke) 20.370 (6) (gd) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

SB76-SA7,4f Section 4f. 281.59 (1m) (c) of the statutes is amended to read:

SB76-SA7,21,18 281.59 (1m) (c) There is established a private on-site wastewater treatment system replacement and rehabilitation loan program, administered under s. 145.245 281.485 (12m).

SB76-SA7,4g Section 4g. Nonstatutory provisions.

SB76-SA7,21,21 (1) Transfer of duties related to private on-site wastewater treatment systems.

SB76-SA7,22,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are primarily related to private on-site wastewater treatment systems, as determined by the secretary of safety and professional services, become the assets and liabilities of the department of natural resources.

SB76-SA7,22,8 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of safety and professional services performing duties that are primarily related to private on-site wastewater treatment systems, as determined by the secretary of safety and professional services, are transferred to the department of natural resources.

SB76-SA7,22,14 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the department of natural resources that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under paragraph (b) who has attained permanent status in class is required to serve a probationary period.

SB76-SA7,22,19 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to private on-site wastewater treatment systems, as determined by the secretary of safety and professional services, is transferred to the department of natural resources.

SB76-SA7,23,2 (e) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to private on-site wastewater treatment systems, as determined by the secretary of safety and professional services, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under those contracts unless modified or rescinded by the department of natural resources to the extent allowed under the contract.

SB76-SA7,23,11 (f) Rules and orders. All rules promulgated by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to private on-site wastewater treatment systems remain in effect until their specified expiration dates or until amended or repealed by the department of natural resources. All orders issued by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to private on-site wastewater treatment systems remain in effect until their specified expiration dates or until modified or rescinded by the department of natural resources.

SB76-SA7,23,18 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to private on-site wastewater treatment systems, as determined by the secretary of safety and professional services, is transferred to the department of natural resources. All materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.

SB76-SA7,4h Section 4h. Effective date. This act takes effect on the day after publication, or on the 2nd day after publication of the 2017 biennial budget act, whichever is later.”.

SB76-SA7,23,22 (End)