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(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.
(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.
(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.
(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.
(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.
(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:
(a) The location of the POWTS.
(b) The date of the inspection.
(c) The nature and findings of the inspection.
(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.
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 Experiments.
(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).
(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).
(3) The protocol for a proposed experiment submitted to the department for consideration shall include all of the following:
(a) The experiment shall be supervised by a professional who has experience in small-scale wastewater treatment.
(b) The professional shall submit a vita of training and experience relative to small-scale wastewater treatment along with the application for the experiment.
(c) A proposal shall be submitted for the experiment that includes at least all of the following:
1. The purpose of the experiment.
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.
3. The number of systems or components to be installed or modified as part of the experiment.
4. The identification of the initial sites, if known, that will take part in the experiment.
5. A letter of comment from the governmental unit or units where the experiment is to be conducted.
6. The data to be collected and the method to be employed to collect the data.
7. The duration of the proposed experiment.
(d) The experiment may not involve less than 5, and not more than 50 individual installations.
(e) An experiment shall be designed to provide definitive results within 5 years from the start of the experiment.
(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.
(g) If the experiment is approved, the experimenter shall execute a signed agreement with the department setting forth the obligations of the parties.
(h) Within 6 months of the completion of the experiment, the results or conclusions shall be forwarded to the department.
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 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 145.12, Stats.
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.
SPS 383.29 Range of responses.
(1) 
(a) Pursuant to s. 160.21, Stats., the department shall respond with any one or more of the actions delineated under Table 383.29 if the preventive action limits or enforcement standards enumerated in ch. NR 140 Tables 1 and 2 are exceeded at a point of standards application as a result of the performance of a POWTS, including a POWTS existing prior to July 1, 2000, except as provided in par. (b).
(b) Pursuant to s. 160.255, Stats., the design, installation, use or maintenance of a POWTS is not required to comply with the nitrate standard specified in ch. NR 140 Table 1, except as provided under s. SPS 383.03 (5).
- See PDF for table PDF
(2) Pursuant to s. 160.21 (2), Stats., the point of standards application relative to the performance of POWTS shall be:
(a) Any point of present groundwater use for potable water supply; and
(b) Any point beyond the boundary of the property on which the facility, practice or activity is located.
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (a) Register January 2004 No. 577, eff. 2-1-04; correction in (1) (a), (b), Table 383.29 made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Subchapter III — General Requirements
SPS 383.30 Purpose. This subchapter establishes parameters for the types of POWTS that may be used and how a POWTS may be used.
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.
SPS 383.31 Principles. A POWTS shall be operated and used in such a manner so as not to render the POWTS inoperative or beyond its capabilities, and thereby, create a human health hazard.
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.
SPS 383.32 Prohibitions and limitations.
(1) Prohibitions.
(a) Except as provided in s. SPS 383.03 (4), the introduction of wastewater or substances in such quantities or concentrations to a POWTS, including a POWTS existing prior to July 1, 2000, that results in exceeding the enforcement standards and preventive action limits specified in ch. NR 140 Tables 1 and 2 at a point of standards application shall be prohibited.
Note: Section SPS 383.03 (4) reads:
(4) Groundwater standards. (a) Pursuant to s. 160.255, Stats., the design, installation, use or maintenance of a POWTS is not required to comply with the nitrate standard specified in ch. NR 140 Table 1, except as provided under sub. (5).
(b) Pursuant to s. 160.19 (2) (a), Stats., the department has determined that it is not technically or economically feasible to require that a POWTS treat wastewater to comply with the preventive action limit for chloride specified in ch. NR 140, Table 2, as existed on June 1, 1998.
(c) Substances deleterious to a POWTS shall be intercepted, diluted or treated in accordance with s. SPS 382.34 prior to the substance discharging into a POWTS.
(d) The use of a cesspool as a POWTS is prohibited, including any cesspool existing prior to July 1, 2000.
(e) The final discharge of domestic wastewater or POWTS effluent to open bodies of water is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.
(f) The final discharge of domestic wastewater or POWTS effluent to the ground surface is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.
(g) The infiltrative surface of a treatment or dispersal component of a POWTS existing prior to December 1, 1969, which consists in part of soil may not be located in bedrock or groundwater.
(h) The use of RV transfer tanks shall be restricted to any of the following sites:
1. Campgrounds permitted by the department of health services under ch. ATCP 79.
2. Properties where the use of the RV transfer tank is permitted by an adopted governmental unit ordinance and monitored by the governmental unit.
(i) The use of camping unit transfer tanks shall be restricted to campgrounds permitted by the department of agriculture, trade and consumer protection under ch. ATCP 79.
(2) Local prohibitions.
(a) A municipality may by ordinance prohibit or limit the installation and use of the following technologies, designs or methods as POWTS components:
1. A holding tank.
2. A constructed wetland as a POWTS treatment component.
3. An evapotranspiration bed as a POWTS treatment component.
(b) A municipality may enact ordinances that are more restrictive than the applicable state minimum standards for those POWTS existing prior to December 1, 1972, except as provided in s. SPS 383.03 (2) (b) 2.
Note: The date, December 1, 1972, reflects the point in time at which the state plumbing code became a state-wide uniformly applied code rather than just a minimum standard. Since December 1, 1969 to July 1, 2000, the state plumbing code required 36 inches of soil between the infiltrative surface of a POWTS and high groundwater or bedrock.
(c) A municipality may by ordinance restrict the ownership of a POWTS to a governmental entity or agency when the POWTS is to serve 2 or more structures or buildings that are located on more than one property.
(3) Limitations.
(a) Industrial wastes and wastewater may not, unless approved by the department of natural resources, be introduced into a POWTS.
Note: The department of natural resources regulates the discharge of industrial wastes to land treatment systems under ch. NR 214. Section NR 214.02 reads in part:
“This chapter applies to those discharges of industrial wastes to land treatment systems not regulated under ch. NR 518. This includes but is not limited to liquid wastes, by-product solids and sludges generated by: fruit and vegetable processing, dairy products processing, meat, fish and poultry products processing, mink raising operations, aquaculture, commercial laundromat and motor vehicle cleaning operations and any other industrial, commercial or agricultural operation which results in a point source discharge that has no detrimental effects on the soils, vegetation or groundwater of a land treatment system.”
(b) A POWTS may accept wastewater permitted under s. SPS 382.38 (3) (a) and Table 382.38–1.
(c) Except as provided in ss. NR 116.12 (1) (e) and 116.15 (2) (b), no part of a POWTS may be installed in a floodway.
Note: See s. SPS 383.45 (6) for installations in a floodfringe.
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (e) and (f), (3) (a) and (b) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (1) (h) to be (1) (h) (intro.) and am., cr. (1) (h) 1. and 2., am. (3) (c) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (h) 1. made under s. 13.92 (4) (b) 6., Stats., Register September 2008 No. 633; correction in (1) (h) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (1) (a), (c), (2) (b), (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: am. (1) (h), (3) (b) Register June 2013 No. 690, eff. 7-1-13; correction in (1) (h) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734; EmR1707: emerg. cr. (1) (i), eff. 2-6-17; CR 17-017: cr. (1) (i) Register March 2018 No. 747, eff. 4-1-18.
SPS 383.33 Abandonment. A subsurface tank or pit that is no longer used as a POWTS component shall be abandoned by complying with all of the following:
(1) Disconnecting all piping to the tanks and pits.
(2) Sealing all disconnected piping to the tanks and pits.
(3) Pumping and disposing of the contents from all tanks and pits.
Note: The removal and disposal of the contents from treatment tanks, distribution tanks, seepage pits, and holding components is addressed in ch. NR 113 which is administered by the department of natural resources.
(4) Removing all tanks or removing the covers of the tanks or pits and filling the tanks and pits with soil, gravel or an inert solid material.
Note: Pursuant to s. 281.45, Stats., municipalities and sanitary districts may determine the availability of, and require connection to, public sewers. Section 281.45, Stats., reads in part:
“HOUSE CONNECTIONS. To assure preservation of public health, comfort and safety, any city, village or town or town sanitary district having a system of waterworks or sewerage, or both, may by ordinance require buildings used for human habitation and located adjacent to a sewer or water main, or in a block through which one or both of these systems extend, to be connected with either or both in the manner prescribed. If any person fails to comply for more than 10 days after notice in writing the municipality may impose a penalty or may cause connection to be made, and the expense thereof shall be assessed as a special tax against the property.”
History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: am. (2) Register June 2013 No. 690, eff. 7-1-13.
Subchapter IV — Design and Installation
SPS 383.40 Purpose. This subchapter establishes minimum parameters for the design and installation of a POWTS for the purpose of:
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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.