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.
SPS 387.50(3) (3) An affidavit from the owner of the principal residence or small commercial establishment stating the reason that he or she was not required to file a federal income tax return or federal income tax forms in the year prior to the year in which the enforcement order was issued or for the year in which the determination of failure was made.
SPS 387.50 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 387.70 SPS 387.70Allocation of funds and financial assistance awards.
SPS 387.70(1)(1)General. The department shall allocate funds available for financial assistance awards to participating governmental units as provided in s. 145.245 (11), Stats., except for funds so specified in s. SPS 387.72.
SPS 387.70(2) (2)Proration.
SPS 387.70(2)(a)(a) If available funds are not sufficient to fully fund all applications, the department shall prorate available funds under s. 145.245 (11m), Stats. A prorated payment shall be deemed full payment of the financial assistance.
SPS 387.70(2)(b) (b) A financial assistance application denied under s. 145.245 (11m) (c), Stats., is not eligible for awards in a later fiscal year.
SPS 387.70(3) (3)Revision of allocation or award.
SPS 387.70(3)(a)(a) If the department finds that an owner listed in the application of a governmental unit does not meet the eligibility requirements under s. 145.245 (5), Stats., the department may reduce an allocation to the governmental unit in the current or in a following fiscal year.
SPS 387.70(3)(b) (b) The department may withhold funds allocated to a governmental unit and initiate enforcement under s. SPS 387.80, if a governmental unit does not meet the conditions specified under s. 145.245 (9), Stats.
SPS 387.70(3)(c) (c) The department may reallocate any withheld or recovered funds in the following fiscal year.
SPS 387.70(4) (4)Experimental systems. The allocation and payment of financial assistance awards for experimental POWTS shall be in accordance with ss. SPS 387.31 and 387.72.
SPS 387.70 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1), (2) and (4) Register January 2005 No. 589, eff. 2-1-05; correction in (1), (3) (b), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.71 SPS 387.71Payments to participating governmental units.
SPS 387.71(1)(1) Except as provided in s. SPS 387.72, financial assistance payments shall be made to the participating governmental unit which shall be responsible for disbursing all funds received from the department for the purposes for which the financial assistance award was made.
SPS 387.71(2) (2) A participating governmental unit shall request payment on forms acceptable to the department and shall include such information as required by the department to document satisfactory completion of eligible work. Payments shall be requested in accordance with the payment schedule included in the financial assistance award conditions.
SPS 387.71(3) (3) The total financial assistance amount payable to a participating governmental unit is limited to the amount of funds awarded to the participating governmental unit under this chapter. The specific financial assistance amount for individual owners of a POWTS is limited to the maximum allowable financial assistance amount under s. SPS 387.30. Payment based on a prorated financial assistance amount shall constitute a complete payment for that owner.
SPS 387.71(4) (4) At any time before final payment of the financial assistance, the department may review and audit any request for payment. Based on the review or audit, any payment may be reduced for prior overpayment or increased for prior underpayment.
SPS 387.71(5) (5) The participating governmental unit shall return to the department any funds, including any interest derived therefrom, received under this chapter which are not disbursed to eligible owners.
SPS 387.71(6) (6) The department may authorize the withholding of a financial assistance payment where it determines in writing that a participating governmental unit has failed to comply with program objectives, financial assistance award conditions, or reporting requirements. Such withholding shall be limited to only that amount necessary to assure compliance.
SPS 387.71(7) (7) The department shall withhold a financial assistance payment to the extent of any indebtedness, relating to the provisions of this chapter, of the participating governmental unit to the state of Wisconsin, unless it determines that collection of the indebtedness will impair accomplishment of the program objectives and that continuation of the specific project is in the best interest of the state of Wisconsin.
SPS 387.71 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) to (4), (6) and (7) Register January 2005 No. 589, eff. 2-1-05; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 387.72 SPS 387.72Payments for monitoring of experimental systems.
SPS 387.72(1)(1) Except as provided in ss. SPS 387.70 and 387.71, the department shall make financial assistance payments for monitoring of experimental POWTS to the individual or entity performing the monitoring for the maximum allowable amount on an annual basis up to the approved estimated costs for monitoring for eligible work for a project period.
SPS 387.72(2)(a)(a) The individual or entity performing the monitoring shall request payment on forms acceptable to the department and shall provide such information as required by the department to document satisfactory completion of eligible work. Subsequent annual payments for monitoring shall be requested in accordance with the payment schedule included in the financial assistance award conditions as approved by the department.
SPS 387.72(2)(b) (b) The individual or entity performing the monitoring shall make a request to the department for payment of monitoring costs on an annual basis by submitting paid invoices documenting the eligible work provided as included in the financial assistance award conditions. Payments shall be awarded to the eligible individual or entity in accordance with the payment schedule included in the conditions of the financial assistance, the maximum allowable financial assistance amount, and usual and customary costs for monitoring of an experimental POWTS.
SPS 387.72(2)(c) (c) A direct payment of monitoring costs shall be made to the individual or entity in accordance with this section.
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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.