SPS 383.25 Note Note: See ch. SPS 383 Appendix for a reprint of s. 145.195, Stats.
SPS 383.25(2)(b) (b) New construction. A municipality may not issue a building permit to commence construction or installation of a structure that necessitates the use of a POWTS to serve the structure unless one of the following conditions apply:
SPS 383.25(2)(b)1. 1. The owner of the property possesses a sanitary permit for the installation of a POWTS in accordance with s. SPS 383.21.
SPS 383.25 Note Note: Section SPS 383.21 outlines the procedures for the issuance of sanitary permits. Section 145.19, Stats., mandates that no private sewage system may be installed unless the owner of the property holds a valid sanitary permit.
SPS 383.25(2)(b)2. 2. A POWTS of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure.
SPS 383.25 Note Note: See ss. SPS 383.02 and 383.03 concerning the application of current code requirements to existing POWTS.
SPS 383.25(2)(c) (c) Construction affecting wastewater flow or contaminant load.
SPS 383.25(2)(c)1.1. A municipality may not issue a building permit to commence construction of any addition or alteration to an existing structure when the proposed construction will modify the design wastewater flow or contaminant load, or both, to an existing POWTS, unless the owner of the property complies with at least one of the following:
SPS 383.25(2)(c)1.a. a. Possesses a sanitary permit to either modify the existing POWTS or construct a POWTS to accommodate the modification in wastewater flow or contaminant load, or both.
SPS 383.25(2)(c)1.b. b. Provides documentation to verify that the existing POWTS is sufficient to accommodate the modification in wastewater flow or contaminant load, or both.
SPS 383.25(2)(c)2. 2. For the purpose of this paragraph, a modification in wastewater flow or contaminant load shall be considered to occur for both of the following:
SPS 383.25(2)(c)2.a. a. For commercial facilities, public buildings, and places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system.
SPS 383.25(2)(c)2.b. b. For dwellings, when there is an increase or decrease in the number of bedrooms.
SPS 383.25(2)(d) (d) Documentation of existing capabilities. Documentation to verify whether an existing POWTS can accommodate a modification in wastewater flow or contaminant load, or both, shall include at least one of the following:
SPS 383.25(2)(d)1. 1. A copy of the plan for the existing POWTS that delineates minimum and maximum performance capabilities and which has been previously approved by the department or the governmental unit.
SPS 383.25(2)(d)2. 2. Information on the performance capabilities for the existing POWTS that has been recognized through a product approval under ch. SPS 384.
SPS 383.25(2)(d)3. 3. A written investigative report prepared by an architect, engineer, designer of plumbing systems, designer of private onsite wastewater treatment systems, master plumber, master plumber-restricted service or certified POWTS inspector analyzing the proposed modification and the performance capabilities of the existing POWTS.
SPS 383.25(2)(e) (e) Where the performance capability of the existing POWTS serving a dwelling is not based on the number of bedrooms within the dwelling, information documenting that design condition shall be recorded as a covenant running with the deed for the property.
SPS 383.25(2)(f) (f) Setbacks.
SPS 383.25(2)(f)1.1. A municipality may not issue a building permit for construction of any structure or addition to a structure on a site where there exists a POWTS, unless the proposed construction conforms to the applicable setback limitations under s. SPS 383.43 (8) (i).
SPS 383.25(2)(f)2. 2. The applicant for a building permit shall provide documentation to the municipality issuing the building permit showing the location and setback distances for the proposed construction relative to all of the following:
SPS 383.25(2)(f)2.a. a. Existing POWTS treatment components.
SPS 383.25(2)(f)2.b. b. Existing POWTS holding components.
SPS 383.25(2)(f)2.c. c. Existing POWTS dispersal components.
SPS 383.25 Note Note: A municipality that issues building permits may delegate to the governmental unit responsible for issuing sanitary permits the determination of whether the proposed construction will affect or interfere with an existing POWTS relating to capability or location of the existing POWTS.
SPS 383.25 Note Note: See ch. SPS 383 Appendix for further information regarding setbacks.
SPS 383.25 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (a) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (2) (e) to be (2) (f), cr. (2) (e) Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) 1., (d) 2., (f) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (2) (b) (intro.), 1., (c) 1. (intro.), a., 2. (intro.), a., (d) 3. Register June 2018 No. 750, eff. 7-1-18.
SPS 383.255 SPS 383.255Governmental inventory and maintenance program.
SPS 383.255(1)(a)1.1. A governmental unit shall maintain an inventory of all POWTS located in its jurisdictional area.
SPS 383.255(1)(a)2. 2. The inventory shall be updated as existing POWTS are identified and new POWTS are installed or constructed.
SPS 383.255(1)(b) (b) At a minimum, a POWTS inventory shall consist of all of the following elements:
SPS 383.255(1)(b)1. 1. Legal description of all properties including tax parcel number where a POWTS is located within the governmental unit jurisdictional area.
SPS 383.255(1)(b)2. 2. Name and address of the owner of each POWTS located within the governmental unit jurisdictional area.
SPS 383.255 Note Note: The inventory does not require site visits, identification of the type of POWTS or an evaluation of the POWTS.
SPS 383.255(2)(a)(a) A governmental unit shall be responsible for administering a POWTS maintenance program.
SPS 383.255(2)(b) (b) At a minimum, a POWTS maintenance program shall consist of all of the following elements:
SPS 383.255(2)(b)1. 1. An inventory of all POWTS located within the governmental unit jurisdictional area.
SPS 383.255(2)(b)2. 2. A process that accepts and records inspection, evaluation, maintenance and servicing reports submitted by the POWTS owner or the owner's agent for POWTS listed in the governmental unit inventory.
SPS 383.255(2)(b)3. 3. A process that accepts and creates a record for each inspection, evaluation, maintenance and servicing report for a POWTS within the governmental unit jurisdictional area but not listed in the governmental unit inventory that is submitted by the POWTS owner or the owner's agent.
SPS 383.255(2)(b)4. 4. A process that notifies POWTS owners that are delinquent in submitting reports for inspection, evaluation, maintenance and servicing activities listed in ss. SPS 383.54 (3) and (4) and 383.55.
SPS 383.255(2)(b)5. 5. A process that includes measures meant to ensure that required inspection, evaluation, maintenance and servicing is performed and the results are reported to the governmental unit.
SPS 383.255(2)(b)6. 6. Reports summarizing the results of the maintenance program on an annual basis in a format requested by the department.
SPS 383.255(3) (3) A governmental unit shall make available to the department, upon request, any and all records necessary to ascertain compliance with this chapter and the provisions as specified in s. 145.20 (2) (i), Stats.
SPS 383.255 History History: CR 07-100: cr. Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: am. (1) (a) 1., (2) (a) Register June 2013 No. 690, eff. 7-1-13; CR 17-065: am. (1) (a) 1. Register June 2018 No. 750, eff. 7-1-18, am. (2) (a) Register June 2018 No. 750, eff. 10-1-19.
SPS 383.26 SPS 383.26Inspections and testing.
SPS 383.26(1)(a) (a) Pursuant to s. 145.02 (3) (c), Stats., the department or governmental unit may inspect the construction, installation, operation or maintenance of a POWTS to ascertain whether the POWTS conforms to plans approved by the department or governmental unit, the conditions of approval and this chapter.
SPS 383.26(1)(b) (b) The department may issue an order directing an immediate cessation of the installation of a POWTS or the modification to an existing POWTS for failure to comply with a corrective order.
SPS 383.26(1)(c) (c) Pursuant to ss. 145.02 (3) (f) and 145.20 (1) (a) and (2) (f), Stats., an individual authorized by the department or a governmental unit to administer and enforce this chapter may issue orders to abate human health hazards relating to this chapter.
SPS 383.26 Note Note: Section SPS 305.66 delineates qualifications and responsibilities for POWTS inspectors.
SPS 383.26(1)(d) (d) Pursuant to s. 145.20 (2) (e) and (g), Stats., nothing in this chapter shall limit a governmental unit's authority and power to inspect or require an evaluation of a POWTS, including an existing POWTS at times or for activities not covered under this section.
SPS 383.26(2)(a)(a) When a sanitary permit is required under s. SPS 383.21 (1), no part of a POWTS component may be covered nor any POWTS component put into service until the governmental unit or the department has had an opportunity to inspect the system in accordance with this subsection.
SPS 383.26 Note Note: Pursuant to s. 145.20 (2), Stats., an individual authorized by a governmental unit to administer and enforce the provisions of chs. SPS 382 to 387 relative to POWTS is required to be a certified POWTS inspector under s. SPS 305.66.
SPS 383.26(2)(b) (b) The master plumber or the master plumber-restricted service responsible for the installation of a POWTS or the modification to an existing POWTS shall notify the governmental unit when the work will be or is ready for inspection. The notification shall be in person, in writing or by telephone or other electronic communication in a format acceptable to the governmental unit performing the inspection.
SPS 383.26(2)(c) (c) The master plumber or the master plumber-restricted service responsible for the installation of a POWTS or the modification shall maintain records of the inspection notifications. The records shall include the date and time of notification and the name of the person contacted.
SPS 383.26(2)(d) (d) The master plumber or master plumber-restricted service responsible for the POWTS installation or modification shall provide the necessary equipment and properly licensed personnel required for the inspection as requested by the governmental unit or department.
SPS 383.26(2)(e) (e) If an inspection is not made by the end of the next workday, excluding Saturdays, Sundays and holidays, after the requested inspection day, the master plumber or the master plumber-restricted service may proceed with the installation of the POWTS, including backfilling and covering.
SPS 383.26(3) (3) Pursuant to s. 145.20 (2) (g), Stats., a governmental unit by ordinance may require other inspections in addition to that specified under this section.
SPS 383.26(4) (4) A governmental unit shall maintain a written record of each inspection conducted for a POWTS. The record shall include information relative to all of the following:
SPS 383.26(4)(a) (a) The location of the POWTS.
SPS 383.26(4)(b) (b) The date of the inspection.
SPS 383.26(4)(c) (c) The nature and findings of the inspection.
SPS 383.26(5) (5) Before being put into service, components of a POWTS shall be tested in accordance with the manufacturer's specifications or as specified as a condition of approval under ss. SPS 383.22 and 384.10.
SPS 383.26 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (2) (a), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 383.27 SPS 383.27Experiments.
SPS 383.27(1) (1) The provisions of this chapter or ch. SPS 384 are not intended to prevent the design and use of an innovative method or concept for the treatment or dispersal of domestic wastewater which is not specifically addressed by this chapter, provided the experiment has been first approved by the department in accordance with s. SPS 384.50 (3).
SPS 383.27(2) (2) The department shall review a submittal of an experiment under this section with input from the technical advisory committee assembled under s. SPS 384.10 (3) (d).
SPS 383.27(3) (3) The protocol for a proposed experiment submitted to the department for consideration shall include all of the following:
SPS 383.27(3)(a) (a) The experiment shall be supervised by a professional who has experience in small-scale wastewater treatment.
SPS 383.27(3)(b) (b) The professional shall submit a vita of training and experience relative to small-scale wastewater treatment along with the application for the experiment.
SPS 383.27(3)(c) (c) A proposal shall be submitted for the experiment that includes at least all of the following:
SPS 383.27(3)(c)1. 1. The purpose of the experiment.
SPS 383.27(3)(c)2. 2. The theory and science behind the proposed experiment including a description of the systems or processes to be used as part of the experiment.
SPS 383.27(3)(c)3. 3. The number of systems or components to be installed or modified as part of the experiment.
SPS 383.27(3)(c)4. 4. The identification of the initial sites, if known, that will take part in the experiment.
SPS 383.27(3)(c)5. 5. A letter of comment from the governmental unit or units where the experiment is to be conducted.
SPS 383.27(3)(c)6. 6. The data to be collected and the method to be employed to collect the data.
SPS 383.27(3)(c)7. 7. The duration of the proposed experiment.
SPS 383.27(3)(d) (d) The experiment may not involve less than 5, and not more than 50 individual installations.
SPS 383.27(3)(e) (e) An experiment shall be designed to provide definitive results within 5 years from the start of the experiment.
SPS 383.27(3)(f) (f) An experiment on a site not previously developed shall include a contingency plan that provides for a code complying replacement POWTS, if the experiment fails to meet the required performance standards of this chapter.
SPS 383.27(3)(g) (g) If the experiment is approved, the experimenter shall execute a signed agreement with the department setting forth the obligations of the parties.
SPS 383.27(3)(h) (h) Within 6 months of the completion of the experiment, the results or conclusions shall be forwarded to the department.
SPS 383.27 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 383.28 SPS 383.28Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 145.12, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.