SPS 387.20 Note Note: An example where par. (b) applies would be a POWTS that once served a 2-bedroom structure and such POWTS was later determined to be acceptable for a 3-bedroom structure. The existing structure served by such POWTS contains 3 bedrooms; the financial assistance would be based on the maximum allowable amount for a POWTS sized for 3-bedrooms.
SPS 387.20 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (1) (intro.), (1) (b), (d) and (3) (intro.), r. and recr. (4) Register January 2005 No. 589, eff. 2-1-05; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.21 SPS 387.21Ineligibility of owners.
SPS 387.21(1) (1) As specified under s. 145.245 (5m) (b), Stats., the department shall notify a governmental unit if it receives a certification under s. 49.855 (3), Stats., that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
SPS 387.21(2) (2) The department or a governmental unit shall deny an application under sub. (1) if the department receives a certification under s. 49.855 (3), Stats., that the owner or an individual who would directly benefit by the financial assistance is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
SPS 387.21(3) (3) The department or a governmental unit shall deny an application if a financial assistance amount under this chapter has been previously awarded for rehabilitation or replacement work at the same site, except for financial assistance awarded on an annual basis for monitoring of approved experimental POWTS, as specified in s. SPS 387.31.
SPS 387.21 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (2) and (3) Register January 2005 No. 589, eff. 2-1-05; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register January 2005 No. 589; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.30 SPS 387.30Maximum allowable financial assistance amount.
SPS 387.30(1)(1)Eligible rehabilitation or replacement work. Except as provided under sub. (5) and s. SPS 387.72, POWTS work eligible for financial assistance awards shall be limited to those activities listed in the financial assistance awards under sub. (3), and Tables 387.30-1 to 387.30-6 and the maximum amount specified in s. 145.245 (7) (c), Stats.
SPS 387.30 Note Note: Section 145.245 (7) (c), Stats., limits the state grant share to $7,000.
SPS 387.30(2) (2)Least costly methods. As specified in s. 145.245 (7) (b), Stats., costs allowable in determining financial assistance funding under this section may not exceed the costs of rehabilitating or replacing a POWTS by the least costly methods. Only eligible work necessary to meet the minimum requirements of the state plumbing code by the least costly methods may be allowed in determining financial assistance awards under this chapter.
SPS 387.30(3) (3)Financial assistance awards. Financial assistance awards shall be determined by calculating the maximum allowable financial assistance amount by type of system, system component, or service provided.
SPS 387.30(3)(a) (a) Site evaluation and soil testing. The maximum allowable financial assistance amount for site evaluation and soil testing is $250.
SPS 387.30(3)(b) (b) Installation of a replacement or additional POWTS anaerobic treatment component. The maximum allowable financial assistance amount for installation of a replacement POWTS anaerobic treatment component is listed in Table 387.30-1.
SPS 387.30(3)(c) (c) Installation of a POWTS dosing component and lift pump or siphon. The maximum allowable financial assistance amount for installation of a POWTS dosing component and lift pump or siphon is listed in Table 387.30-2.
SPS 387.30(3)(d) (d) Installation of a non-pressurized and in-ground pressure POWTS treatment or dispersal component. The maximum financial assistance amount for installation of non-pressurized and in-ground pressure POWTS treatment or dispersal component is listed in Table 387.30-3.
SPS 387.30(3)(e) (e) Installation of an at-grade or mound POWTS treatment or dispersal component. The maximum allowable financial assistance amount for installation of at-grade or mound POWTS treatment or dispersal component is listed in Table 387.30-4.
SPS 387.30(3)(f) (f) Installation of a POWTS holding tank component. The maximum allowable financial assistance amount for installation of a POWTS holding tank component is listed in Table 387.30-5.
SPS 387.30(3)(g) (g) Replacement exterior grease interceptor. The maximum allowable financial assistance amount for installation of a replacement exterior grease interceptor is listed in Table 387.30-6.
Table 387.30-1
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A REPLACEMENT POWTS ANAEROBIC TREATMENT COMPONENT
Installation of a Replacement POWTS Anaerobic Treatment Component by Design Flow - See PDF for table PDF
Table 387.30-2
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A REPLACEMENT COMPONENT AND LIFT PUMP OR SIPHON
Installation of a POWTS Dosing Component and Lift Pump or Siphon - See PDF for table PDF
Table 387.30-3
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF NON-PRESSURIZED AND IN-GROUND PRESSURE POWTS TREATMENT OR DISPERSAL COMPONENT
Installation of a Non-Pressurized and In-Ground Pressure POWTS Treatment or Dispersal Component - See PDF for table PDF
Table 387.30-4
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF AT-GRADE OR MOUND POWTS TREATMENT OR DISPERSAL COMPONENT
Installation of an At-Grade or Mound POWTS Treatment or Dispersal Component - See PDF for table PDF
Table 387.30-5
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A POWTS HOLDING TANK COMPONENT
Installation of a POWTS Holding Tank Component - See PDF for table PDF
Table 387.30-6
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF REPLACEMENT EXTERIOR GREASE INTERCEPTOR
Installation of Replacement Exterior Grease Interceptor by Capacity - See PDF for table PDF
SPS 387.30(5) (5)Exceptions to the financial assistance award tables.
SPS 387.30(5)(a)(a) The department may determine on a case-by-case basis the maximum allowable financial assistance amount for types of POWTS which are not covered under sub. (3) and Tables 387.30-1 to 387.30-6.
SPS 387.30(5)(b) (b) The maximum allowable financial assistance amount for POWTS work done on property owned by a licensed plumber or contractor engaged in the business of installing POWTS shall be limited to two-thirds of the financial assistance amount or $4,667, whichever is less.
SPS 387.30(5)(c) (c) The maximum allowable financial assistance amount for each principal residence or small commercial establishment shall be limited to 60% of the total cost of replacement or the amount determined under sub. (3) and Tables 387.30-1 to 387.30-6, whichever is less.
SPS 387.30 Note Note: Under s.145.245 (7) (d), Stats., if the income of the person who owns a principal residence exceeds $32,000 and the residence is served by a category 1 or category 2 failing private sewage system, the amount of the grant award under this section is limited to the amount determined in par. (c) less 30% of the amount which the person's income exceeds $32,000.
SPS 387.30 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; CR 07-100: am. (1) and Tables 87.30-3 to 5 Register September 2008 No. 633, eff. 10-1-08; correction in (1), (3) (b), (c), (d), (e), (f), (g), (4), (5) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: r. and recr. Tables 387.30-1 to 387.30-6, r. (4) Register June 2018 No. 750, eff. 7-1-18.
SPS 387.31 SPS 387.31Maximum allowable financial assistance amount for experimental POWTS.
SPS 387.31(1) (1) Pursuant to s. 145.245 (7) (e), Stats., this section establishes the parameters for allocating the maximum allowable state financial assistance award for experimental POWTS.
SPS 387.31(2) (2) The department may determine on a case-by-case basis the maximum allowable financial assistance amount for the installation and monitoring of an experimental POWTS installed under s. 145.02 (3) (b), Stats.
SPS 387.31(3) (3) As specified in s. 145.245 (11m) (d), Stats., the department may prorate available funds for the installation and monitoring of an experimental POWTS.
SPS 387.31 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 387.32 SPS 387.32Ineligible rehabilitation or replacement work. For the purposes of establishing work which is not eligible for a financial assistance award under this chapter, the following items or projects are considered ineligible work:
SPS 387.32(1)(a)(a) Rehabilitation or replacement of a failing POWTS conducted before the date on which the governmental unit adopts this program.
SPS 387.32(1)(b) (b) Rehabilitation or replacement of a failing POWTS with an experimental POWTS conducted without department pre-approval as specified under s. SPS 387.40 (1) (b).
SPS 387.32(2) (2) Except for site evaluation, soil testing under s. SPS 387.30 (3) (a) and issuing the sanitary permit, rehabilitation or replacement of a failing POWTS done before the determination of failure was made.
SPS 387.32(3) (3) Rehabilitation or replacement of a failing POWTS where a determination is made that public sewer is available to the property as determined by the municipality that owns or operates the public sewer.
SPS 387.32(4) (4) Connection to a municipal sewage treatment works.
SPS 387.32(5) (5) Installation of a small sewage treatment plant with a surface discharge.
SPS 387.32(6) (6) Installation of a POWTS to replace a privy.
SPS 387.32 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) to (3) and (6) Register January 2005 No. 589, eff. 2-1-05; correction in (1) (b), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.40 SPS 387.40Application by owners.
SPS 387.40(1) (1)Contents.
SPS 387.40(1)(a)(a) In order to be eligible to receive a financial assistance award under this chapter, the owner of a failing POWTS shall submit an application to the participating governmental unit in which the POWTS is located. The application shall be made on forms that are acceptable to the department.
SPS 387.40(1)(b) (b) In order to be eligible to receive a financial assistance award for experimental systems under this chapter, an owner shall receive written pre-approval for such system from the department and submit information, in addition to those items specified in par. (a), that:
SPS 387.40(1)(b)1. 1. Documents that the experimental system is being conducted by an individual or entity as a research project under the management of the department.
SPS 387.40(1)(b)2. 2. Indicates the objectives of the experiment relative to treatment capabilities.
SPS 387.40(1)(b)3. 3. Delineates proposed sampling protocols of influent and effluent loads and flows.
SPS 387.40(1)(b)4. 4. Includes a proposed schedule for the installation, monitoring, reporting and conclusion.
SPS 387.40(1)(b)5. 5. Includes a copy of the monitoring contract with an estimate of the costs of monitoring for the project period.
SPS 387.40(1)(b)6. 6. Provides other documentation as requested by the department or participating governmental unit.
SPS 387.40(2) (2)Principal residence. The application by the owner of a principal residence shall be made on forms acceptable to the department and shall include all of the following:
SPS 387.40(2)(a) (a) Evidence of annual family income. A person who owns a principal residence shall provide the evidence of income required under s. 145.245 (5) (c) 2. and 3., Stats., or the alternative evidence of income required under s. 145.245 (5) (c) 4., Stats., and s. SPS 387.50.
SPS 387.40(2)(b) (b) Sanitary permit number and date of issuance. A legible copy of the application for the sanitary permit issued by the governmental unit in which the POWTS is located.
SPS 387.40(2)(c) (c) Additional information. If within three years of the date in which the enforcement order was issued or determination of failure was made, the applicant has bought or sold the principal residence served by a failing POWTS, the person shall provide the following additional information:
SPS 387.40(2)(c)1. 1. A copy of the closing statement, the sale contract, escrow agreement or other documentation which shows the date of sale of the property.
SPS 387.40(2)(c)2. 2. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows that the cost of replacing the failing POWTS has or will be incurred at the owner's expense.
SPS 387.40(3) (3)Small commercial establishments. The application for eligible owners of small commercial establishments, as specified in s. 145.245 (5) (a) 2., Stats., shall be made on forms acceptable to the department and shall include all of the following:
SPS 387.40(3)(a) (a) Evidence of annual business income. As specified in s. 145.245 (5) (d) 2., Stats., a business which owns a small commercial establishment shall provide one of the following as evidence of annual gross revenue:
SPS 387.40(3)(a)1. 1. A copy of the federal income tax return filed by the business for the tax year prior to the year in which the enforcement order was issued or determination of failure was made or for the tax year in which the determination of failure was made.
SPS 387.40(3)(a)2. 2. If the small commercial establishment is owned by a private nonprofit corporation as defined in s. 181.0103 (17), Stats., the nonprofit corporation shall provide a profit and loss statement for the commercial establishment for the tax year prior to the year in which the enforcement order was issued or determination of failure was made or for the tax year in which the enforcement order was issued or determination of failure was made.
SPS 387.40 Note Note: As specified in s. 145.245 (11) (d), Stats., the department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for small commercial establishments.
SPS 387.40 Note Note: As specified in s. 145.245 (5) (a) 2., Stats., a business must own the small commercial establishment in order to be eligible for a grant amount. A business which leases a small commercial establishment is not eligible. Therefore, the application and income eligibility requirements must be met by the owners of the property served by the failing private sewage system.
SPS 387.40(3)(b) (b) Sanitary permit number and date of issuance. A legible copy of the application for the sanitary permit issued by the county in which the POWTS is located.
SPS 387.40(3)(c) (c) Additional information. If within 3 years of the date that the enforcement order was issued or determination of failure was made, and an owner has bought or sold the small commercial establishment served by a failing POWTS, the person shall provide the following additional information:
SPS 387.40(3)(c)1. 1. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows the date of sale of the property.
SPS 387.40(3)(c)2. 2. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows that the cost of replacing the failing POWTS has or will be incurred at the owner's expense.
SPS 387.40(3)(d) (d) Other information. Any other information that may be requested by the department or participating governmental unit.
SPS 387.40 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (3) (a) 2., made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (1) (a), (b), (2), (3) (a) 1., 2., (b) and (c) Register January 2005 No. 589, eff. 2-1-05; correction in (2) (a), (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.50 SPS 387.50Alternate evidence of income. A participating governmental unit may consider any of the following criteria as satisfactory evidence of income:
SPS 387.50(1) (1) A copy of the owner's federal income tax return or federal income tax forms for the taxable year in which the enforcement order was issued or determination of failure was made and, if married and filing separately, a copy of the federal income tax return or federal income tax forms for that same year for the owner's spouse.
SPS 387.50(2) (2) In conjunction with the evidence of income required under sub. (1), an affidavit from the owner. The affidavit shall state the reason that a reduction in net income or adjusted gross income is expected in the year in which the enforcement order was issued or determination of failure was made, and the estimated amount of that reduction, for the taxable year in which the enforcement order is issued or determination of failure is made.
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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.