Register September 2013 No. 693
Chapter SPS 387
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM REPLACEMENT OR
REHABILITATION FINANCIAL ASSISTANCE PROGRAM
SPS 387.01   Purpose.
SPS 387.02   Applicability.
SPS 387.03   Definitions.
SPS 387.04   Application by governmental units to participate.
SPS 387.05   Grant application by participating governmental units.
SPS 387.10   Categories of POWTS.
SPS 387.20   Eligibility of owners.
SPS 387.21   Ineligibility of owners.
SPS 387.30   Maximum allowable financial assistance amount.
SPS 387.31   Maximum allowable financial assistance amount for experimental POWTS.
SPS 387.32   Ineligible rehabilitation or replacement work.
SPS 387.40   Application by owners.
SPS 387.50   Alternate evidence of income.
SPS 387.70   Allocation of funds and financial assistance awards.
SPS 387.71   Payments to participating governmental units.
SPS 387.72   Payments for monitoring of experimental systems.
SPS 387.80   Program enforcement.
SPS 387.81   Program audit.
SPS 387.90   Petition for variance.
SPS 387.91   Process for appeal.
Ch. SPS 387 Note Note: Chapter NR 124 as it existed on February 29, 1992 was repealed and a new Chapter ILHR 87 was created effective March 1, 1992. Chapter ILHR 87 was renumbered Chapter Comm 87 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494. Chapter Comm 87 as it existed on December 31, 1998 was repealed and a new chapter Comm 87 was created effective February 1, 1999. Chapter Comm 87 was renumbered chapter SPS 387 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
SPS 387.01 SPS 387.01Purpose. The purpose of this chapter is to establish rules under s. 145.245, Stats., for the implementation and administration of a financial assistance program to reimburse eligible property owners a portion of the cost of replacing or rehabilitating failing private onsite wastewater treatment systems (POWTS).
SPS 387.01 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. Register January 2005 No. 589, eff. 2-1-05.
SPS 387.02 SPS 387.02Applicability. For applications received under the provisions of this chapter, subs. (1) and (2) shall apply. For date of installation of existing systems, sub. (3) shall apply.
SPS 387.02(1) (1) This chapter applies to applications received by the department on or after February 1, 2005.
SPS 387.02(2) (2) Applications received by the department prior to February 1, 2005 are governed by the rules as they existed on or before January 31, 2005.
SPS 387.02(3) (3) This chapter applies to existing failing POWTS installed prior to July 1, 1978.
SPS 387.02 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) and (2), cr. (3) Register January 2005 No. 589, eff. 2-1-05.
SPS 387.03 SPS 387.03Definitions. The following definitions apply to this chapter.
SPS 387.03(1) (1) “Department" means the department of safety and professional services.
SPS 387.03(2) (2) “Determination of failure" has the meaning given in s. 145.245 (1) (a), Stats.
SPS 387.03 Note Note: Section 145.245 (1) (a), Stats., reads:
SPS 387.03 Note “Determination of failure" means any of the following:
SPS 387.03 Note 1. A determination that a private sewage system is failing, according to the criteria under s. 145.245 (4), Stats., based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department.
SPS 387.03 Note2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f) or 281.19 (2), Stats.
SPS 387.03 Note3. A written enforcement order issued under s. 254.59 (1), Stats., by a governmental unit.
SPS 387.03(3) (3) “Failing private sewage system" has the meaning given in s. 145.245 (4), Stats.
SPS 387.03 Note Note: Section 145.245 (4), Stats., reads:
SPS 387.03 Note The department shall establish criteria for determining if a private sewage system is a failing private sewage system. A failing private sewage system is one which causes or results in any of the following conditions:
SPS 387.03 Note (a) The discharge of sewage into surface water or groundwater.
SPS 387.03 Note (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system.
SPS 387.03 Note (c) The discharge of sewage to a drain tile or into zones of bedrock.
SPS 387.03 Note (d) The discharge of sewage to the surface of the ground.
SPS 387.03 Note (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system.
SPS 387.03(4) (4) “Governmental unit" has the meaning as given in s. 145.01 (5), Stats.
SPS 387.03 Note Note: Section 145.01 (5), Stats., reads:
SPS 387.03 Note “Governmental unit responsible for regulation of private sewage systems" or “governmental unit", unless otherwise qualified, means the county, except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage system is located. “Governmental unit" also includes a federally recognized American Indian tribe or band.
SPS 387.03(5) (5) “Owner", for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS.
SPS 387.03(6) (6) “Participating governmental unit" means a governmental unit which applies to the department for financial assistance under this chapter, and which meets the conditions as specified in s. 145.245 (9), Stats.
SPS 387.03(7) (7) “Person" means any one of the following:
SPS 387.03(7)(a) (a) Any individual including the estate of an individual.
SPS 387.03(7)(b) (b) Two or more individuals having a joint or common interest in a principal residence, as defined in s. 145.245 (1) (c), Stats., which uses a POWTS.
SPS 387.03 Note Note: Section 145.245 (1) (c), Stats., reads:
SPS 387.03 Note “Principal residence" means a residence which is occupied at least 51% of the year by the owner.
SPS 387.03(7)(c) (c) A nonprofit corporation as defined in s. 181.0103 (17), Stats.
SPS 387.03(7m) (7m) “POWTS" has the same meaning as s. SPS 381.01 (182) and (194).
SPS 387.03 Note Note: Sections SPS 381.01 (182) and (194) read:
SPS 387.03 Note (182) “POWTS" means a private onsite wastewater treatment system.
SPS 387.03 Note (194) “Private onsite wastewater treatment system" has the meaning given for `private sewage system' under s. 145.01 (12), Stats.
SPS 387.03 Note Note: Section 145.01 (12), Stats., reads:
SPS 387.03 Note “Private sewage 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 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 sewage system may be owned by the property owner or by a special purpose district.
SPS 387.03(8) (8) “Principal residence" means a residence which is occupied at least 51% of the year by the owner. Principal residence includes a residence owned by a trust or an estate of an individual, if the residence is occupied at least 51% of the year by a person who has an ownership interest as a beneficiary of the trust or estate.
SPS 387.03(9) (9) “Project period" means any of the following:
SPS 387.03(9)(a) (a) For applications submitted to the department for installations of replacement of private sewage systems, project period means the period of time beginning on February 1 and ending on December 31 of the following year.
SPS 387.03(9)(b) (b) For applications submitted to the department for annual costs of monitoring replacement experimental sewage systems, project period means the period beginning on February 1 and ending on December 31 of the 5th year after the date of installation.
SPS 387.03(9)(c) (c) For applications for loans as provided in s. 145.245 (12m), Stats., the project period means the period beginning on February 1 and ending on December 31 of the following year after the date of installation.
SPS 387.03 Note Note: Records of applications are retained for the current project period only. Any loan applications, therefore, should be made in the current project period.
SPS 387.03(10) (10) “Small commercial establishment" has the meaning given in s. 145.245 (1) (e), Stats. Small commercial establishment includes a farm, including a residence on a farm, if the residence is occupied by a person who is an operator of the farm and if the maximum daily wastewater flow rate of the farm and residence is less than 5,000 gallons per day as determined by the design criteria of the state plumbing code.
SPS 387.03 Note Note: Section 145.245 (1) (e), Stats., defines small commercial establishment as a commercial establishment or a business place with a maximum daily wastewater flow rate of less than 5,000 gallons per day.
SPS 387.03 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (5), (7) (b) and (9) (intro.), cr. (7m) and (9)(c) Register January 2005 No. 589, eff. 2-1-05; correction in (7m) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633; correction in (1), (7m) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
SPS 387.04 SPS 387.04Application by governmental units to participate. An application by a governmental unit to participate in this program shall include at least all of the following:
SPS 387.04(1) (1) Certified copies of the following approved resolutions of the governing body of the governmental unit as follows:
SPS 387.04(1)(a) (a) A resolution designating an authorized representative and authorizing such representative to apply for a grant under s. 145.245, Stats., and this chapter on behalf of the governmental unit. The authorized representative shall be an official or employee of the governmental unit.
SPS 387.04(1)(b) (b) A resolution certifying that grants will be used for rehabilitation or replacement of a POWTS for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements of s. 145.245 (5), Stats., that the funds will be used as provided under s. 145.245 (6), Stats., and that the maximum allowable amount of financial assistance will not exceed the amount permitted under s. 145.245 (7), Stats., and Tables 387.30-1 to 387.30-6.
SPS 387.04(1)(c) (c) A resolution certifying that grants will be used for replacement or rehabilitation of POWTS which will be properly installed and maintained.
SPS 387.04(1)(d) (d) A resolution certifying that financial assistance provided to the governmental unit will be disbursed to eligible owners, as specified in s. SPS 387.30 and s. 145.245, Stats.
SPS 387.04(2) (2) Documentation of a regulatory program to insure proper installation and maintenance of all new or replacement POWTS constructed in the area of jurisdiction of the governmental unit. An approvable regulatory program shall include the following:
SPS 387.04(2)(a) (a) Adoption of an ordinance that specifically requires compliance with the maintenance program set forth in par. (d). and that specifically grants enforcement authority to the governmental unit.
SPS 387.04(2)(b) (b) A system for providing written notice of the maintenance program requirements to each owner applying for a sanitary permit.
SPS 387.04(2)(c) (c) An inspection program, that includes at least one inspection during installation of a POWTS.
SPS 387.04(2)(d) (d) A maintenance program in effect.
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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.