Department of Safety and Professional Services
An order of the department of safety and professional services to repeal SPS 381.01 (71) (Note) and (92) (Note) and (111) (Note) and (114) (Note) and (194) (Note) and (215) (Note), 383.21 (4) (Note), 383.22 (2) (b) 2. (Note), 383.44 (4) (a) 1. f., Table 383.44-1, 384.03, 384.10 (3) (e) 2. b., 384.30 (4) (Note), 387.03 (1) to (4) and (6) and (7) (b) (Note) and (7m) and (8) and (10), 387.20 (2) (Note), 387.30 (2) (Note) and (4), 387.31(3) (Note), 387.80 (6) (Note), and 391.03 (1) (Note) and (4) (Note) and (8) (Note); to renumber SPS 384.10 (2) (b) to renumber and amend SPS 384.10 (3) (e) 2. a., and 384.30 (6) (j); to amend SPS 381.01 (194), 381.20 (2) (a) and (b) and (c) and (3) (intro.) and (Note), Table 381.20-11, 383.21 (2) (a) (Note) and (b) 2. (Note) and (c) 3., 383.21 (8) (intro.) and (a), 383.02 (1) (c) (Note) [3], 383.20 (1) (b) and (Note), 383.22 (1) (a) and (2) (a) 3. and (b) 1. and a. (Note) and 2. and (c) 1. and (3) (b) 1. and 2. and (c) and (7) (a), 383.25 (2) (b) (intro.) and 1. and (c) 1. and a. and 2. and a. and (d) 3., 383.44 (6) (a) 2., 383.45 (2) and (6) (b), 383.54 (2) (a) and (e) 2. (Note), Table A-383.43-1, 384.10 (intro.) and (2) (a) 2. and (a) and (c) and (d) and (3) (title) and (c) and (d) and 1. and 2. and (e) 1. and (f) 1. and (g), 384.20 (5) (s), 384.25 (12), 384.30 (4), 385.40 (2) (b) 1. a., 385.60 (2) (a), 387.03 (9) (a), 387.30 (5) (c) and (Note), 387.40 (3) (a) 2. (Note) [2], 387.71 (5), 387.90 (2) (Note), 391.10 (4) (a), 391.11 (4) (a) (Note), 391.14 (1) (b), and 391.20 (1) and (2) and (3) (intro.); to repeal and recreate SPS 383.21 (2) (c) 7. (Note) and (8) (b) (intro.) and 1. and 2., 384.10 (3) (e) 2. a. (Note), and Tables 387.30-1 to 6, and 391.20 (3) (a) and (b); to create SPS 381.01 (13m) and (93m) and (154r) and (183), 383.21 (2) (c) 2. (Note), 383.22 (2) (d) (Note), 383.44 (2) (d), 383.45 (7), 384.10 (2) (b) 2. and (3) (c) 12. and (d) 2. h. and i., 384.30 (6) (j) 1. to 3., and 385.40 (2) (b) 2. (Note), relating to Private Onsite Wastewater Treatment Systems and the Wisconsin Fund.
Analysis prepared by the Department of Safety and Professional Services.
Statutes interpreted: s. 145.20, Stats.
Statutory authority: Sections 145.02, 145.23, and 145.245 (7), Stats.
Explanation of agency authority:
Section 145.02, Stats. - Provides the department with general authority to establish standards and rules to ensure that buildings and facilities in the state shall be safe, sanitary and safeguard the public health.
Section 145.23, Stats. - Authorizes the department to make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made.
Section 145.245 (7), Stats. - The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02, Stats. The maximum state share limitations shall be designed to pay approximately 60 percent of the average allowable cost of private on-site wastewater treatment system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60 percent of current costs of private on-site wastewater treatment system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10 percent, except that the department may not revise the grant funding tables more often than once every 2 years.
Related statute or rule: Not applicable.
Plain language analysis: The objective of this rule revision was to review and update administrative rules, SPS 381 to 387 and 391, related to private onsite wastewater treatment systems (POWTS) and the POWTS replacement and rehabilitation financial assistant fund, otherwise known as the Wisconsin Fund. These administrative rules were last reviewed in their entirety in April 2000. The rule was reviewed to identify and update outdated provisions, to improve language clarity and to update references and notes as needed.
This rule revision also updates funding tables for the Wisconsin Fund. The Wisconsin Fund is a program that provides grants to offset a portion of the cost for the repair, rehabilitation of existing or failing POWTS. Sixty-seven counties, the City of Franklin, and the Oneida Tribe of Wisconsin participate in the program. The department is required under s. 145.245 (7) (c), Stats., to review and update funding tables for the Wisconsin Fund if it is determined that 60 percent of costs for rehabilitating or replacing private sewage systems exceeds the amounts in the grant funding tables by more than 10 percent. The funding tables were last revised in February 1999.
The proposed rule does the following:
SPS 381.01 (13m), (93m), and (154r) create definitions for an “at-risk” POWTS; “Fats, Oil, and Grease” or “FOG”;Moh’s Scale of Hardness”, and “POWTS component manual”.
SPS 381.01 (111) (Note) updates the definition for “governmental unit” in accordance with s. 145.01 (5), Stats., and 2013 Act 124.
Table SPS 381.20-11 is updated to include more recent editions of POWTS-related standards.
Creates notes throughout the rule clarifying that nothing in the chapter prohibits the submission and acceptance of planning documents in an electronic or digital media. To further facilitate the submission of planning documents electronically, SPS 385.40 (2) (b) 1. a. is revised to remove the requirement that an original signature is needed on soil evaluation reports.
SPS 383.44 (2) (d) allows the department to require facilities determined to be “at-risk” to submit additional testing data to the department and local governmental unit within one year of installation of the POWTS component to determine whether the facility is producing influent in excess of the quantities specified. If the facility exceeds the specified parameters, then the owner will be required to reduce wastewater strength in accordance with the facility’s management plan.
Revisions within s. SPS 383.44 remove references to percolation rates. Previously, percolation testing was used to determine the suitability of soil for a POWTS. Since this approach is no longer used, the rule removes these outdated references to percolation rates.
SPS 383.44 (6) (a) 2. allows systems to be constructed within 1 percent of the surface contour. This rule revision clarifies requirements to provide a basis for more consistent interpretation of the rule.
SPS 383.45 (2) revises the installation requirement relating to frozen soil to include below the infiltrative surface of the component.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.