145.20 (6) (a) 2. Install, design, maintain, repair, or sell a private sewage on-site wastewater treatment system, component of a private sewage on-site wastewater treatment system, drain field designed to serve a private sewage on-site wastewater treatment system, or pipe from a private sewage on-site wastewater treatment system to the immediate inside of the existing or proposed foundation wall of the building served by the private sewage on-site wastewater treatment system.
146,99
Section
99. 145.24 (1) of the statutes is amended to read:
145.24 (1) If an existing private sewage on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13, the owner of the private sewage
on-site wastewater treatment system may petition the department for a variance to the siting or design standards.
146,100
Section
100. 145.24 (2) of the statutes is amended to read:
145.24 (2) The department shall establish procedures for the review and evaluation of existing private sewage on-site wastewater treatment systems which do not comply with siting or design standards.
146,101
Section
101. 145.24 (3) of the statutes is amended to read:
145.24 (3) Upon receipt of a petition for a variance, the department shall require the owner of the private sewage on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private sewage on-site wastewater treatment system is not a failing private sewage on-site wastewater treatment system, and continued use of the existing private sewage
on-site wastewater treatment system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private sewage on-site wastewater treatment system. The department shall rescind the variance if the existing private sewage on-site wastewater treatment system becomes a failing private sewage on-site wastewater treatment system or contaminates waters of the state.
146,102
Section
102. 145.245 (title) of the statutes is amended to read:
145.245 (title) Private sewage on-site wastewater treatment system replacement or rehabilitation.
146,103
Section
103. 145.245 (1) (a) 1. of the statutes is amended to read:
145.245 (1) (a) 1. A determination that a private
sewage on-site wastewater treatment system is failing, according to the criteria under sub. (4), based on an inspection of the private sewage on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private sewage
on-site wastewater treatment systems by the department.
146,104
Section
104. 145.245 (1) (ae) of the statutes is amended to read:
145.245 (1) (ae) "Governmental unit" means a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.
146,105
Section
105. 145.245 (4) (intro.) of the statutes is amended to read:
145.245 (4) Failing private sewage on-site wastewater treatment systems. (intro.) The department shall establish criteria for determining if a private sewage on-site wastewater treatment system is a failing private sewage on-site wastewater treatment system. A failing private sewage on-site wastewater treatment system is one which causes or results in any of the following conditions:
146,106
Section
106. 145.245 (4) (b) of the statutes is amended to read:
145.245 (4) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage on-site wastewater treatment system.
146,107
Section
107. 145.245 (4) (e) of the statutes is amended to read:
145.245 (4) (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage on-site wastewater treatment system.
146,108
Section
108. 145.245 (4m) (intro.) of the statutes is amended to read:
145.245 (4m) Categories of failing private
sewage on-site wastewater treatment systems. (intro.) For the purposes of this section, the department shall establish the category of each failing private sewage
on-site wastewater treatment system for which a grant application is submitted, as follows:
146,109
Section
109. 145.245 (4m) (a) of the statutes is amended to read:
145.245 (4m) (a) Category 1: failing private sewage on-site wastewater treatment systems described in sub. (4) (a) to (c).
146,110
Section
110. 145.245 (4m) (b) of the statutes is amended to read:
145.245 (4m) (b) Category 2: failing private sewage on-site wastewater treatment systems described in sub. (4) (d).
146,111
Section
111. 145.245 (4m) (c) of the statutes is amended to read:
145.245 (4m) (c) Category 3: failing private sewage on-site wastewater treatment systems described in sub. (4) (e).
146,112
Section
112. 145.245 (5) (a) 1. of the statutes is amended to read:
145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage on-site wastewater treatment system, if the private sewage on-site wastewater treatment system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage on-site wastewater treatment system.
146,113
Section
113. 145.245 (5) (a) 2. of the statutes is amended to read:
145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private sewage on-site wastewater treatment system, if the private sewage on-site wastewater treatment system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage on-site wastewater treatment system.
146,114
Section
114. 145.245 (5) (a) 3. of the statutes is amended to read:
145.245 (5) (a) 3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private sewage
on-site wastewater treatment system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.
146,115
Section
115. 145.245 (5m) (a) of the statutes is amended to read:
145.245 (5m) (a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private sewage
on-site wastewater treatment system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.
146,116
Section
116. 145.245 (6) (a) of the statutes is amended to read:
145.245 (6) (a) Except for grants under par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private sewage on-site wastewater treatment system. An existing private sewage on-site wastewater treatment system may be replaced by an alternative private sewage on-site wastewater treatment system or by a system serving more than one principal residence.
146,117
Section
117. 145.245 (6) (b) of the statutes is amended to read:
145.245 (6) (b) Funds available under a grant under this section for experimental private sewage on-site wastewater treatment systems shall be applied to the installation and monitoring of the experimental private sewage on-site wastewater treatment systems.
146,118
Section
118. 145.245 (7) (a) of the statutes is amended to read:
145.245 (7) (a) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private sewage on-site wastewater treatment system which would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13.
146,119
Section
119. 145.245 (7) (b) of the statutes is amended to read:
145.245 (7) (b) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private sewage on-site wastewater treatment system by the least costly methods, except that a holding tank may not be used as the measure of the least costly method for rehabilitating or replacing a private sewage on-site wastewater treatment system other than a holding tank.
146,120
Section
120. 145.245 (7) (c) of the statutes is amended to read:
145.245 (7) (c) Except as provided in pars. (d) and (e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private sewage
on-site wastewater treatment system or to the amount determined by the department based upon private sewage
on-site wastewater treatment system grant funding tables, whichever is less. The department shall prepare and publish private sewage 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 sewage on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private sewage 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% of current costs of private sewage
on-site wastewater treatment system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.
146,121
Section
121. 145.245 (7) (d) of the statutes is amended to read:
145.245 (7) (d) Except as provided in par. (e), if the income of a person who owns a principal residence that is served by a category 1 or 2 failing private sewage
on-site wastewater treatment system is greater than $32,000, the amount of the grant under this section is limited to the amount determined under par. (c) less 30% of the amount by which the person's income exceeds $32,000.
146,122
Section
122. 145.245 (7) (e) of the statutes is amended to read:
145.245 (7) (e) Costs allowable for experimental private sewage on-site wastewater treatment systems shall include the costs of installing and monitoring experimental private sewage on-site wastewater treatment systems installed under s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private sewage on-site wastewater treatment systems that the department funds under this section.
146,123
Section
123. 145.245 (8) (a) of the statutes is amended to read:
145.245 (8) (a) In order to be eligible for a grant under this section, a governmental unit shall make an application for replacement or rehabilitation of private sewage on-site wastewater treatment systems of principal residences or small commercial establishments and shall submit an application for participation to the department. The application shall be in the form and include the information the department prescribes. In order to be eligible for funds available in a fiscal year, an application is required to be received by the department prior to February 1 of the previous fiscal year.
146,124
Section
124. 145.245 (9) (b) of the statutes is amended to read:
145.245 (9) (b) Certify that grants will be used for private sewage on-site wastewater treatment system replacement or rehabilitation for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements under sub. (5), that the funds will be used as provided under sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);
146,125
Section
125. 145.245 (9) (c) of the statutes is amended to read:
145.245 (9) (c) Certify that grants will be used for private sewage on-site wastewater treatment systems which will be properly installed and maintained;
146,126
Section
126. 145.245 (9) (e) of the statutes is amended to read:
145.245 (9) (e) Establish a process for regulation and inspection of private sewage on-site wastewater treatment systems;
146,127
Section
127. 145.245 (11) (e) of the statutes is amended to read:
145.245 (11) (e) Limitation; experimental private sewage on-site wastewater treatment systems. The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private sewage on-site wastewater treatment systems.
146,128
Section
128. 145.245 (11m) (b) of the statutes is amended to read:
145.245 (11m) (b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private sewage on-site wastewater treatment systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.
146,129
Section
129. 145.245 (11m) (c) of the statutes is amended to read:
145.245 (11m) (c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private sewage on-site wastewater treatment systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.
146,130
Section
130. 145.245 (11m) (d) of the statutes is amended to read:
145.245 (11m) (d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private sewage on-site wastewater treatment systems.
146,131
Section
131. 145.245 (13) of the statutes is amended to read:
145.245 (13) Inspection. Agents of the department or the governmental unit may enter premises where private sewage on-site wastewater treatment systems are located pursuant to a special inspection warrant as required under s. 66.0119, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.
146,132
Section
132. 145.245 (14) (d) of the statutes is amended to read:
145.245 (14) (d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private sewage on-site wastewater treatment system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.
146,134
Section
134. 160.255 (title) of the statutes is amended to read:
160.255 (title) Exceptions for private
sewage on-site wastewater treatment systems.
146,135
Section
135. 160.255 (1) of the statutes is amended to read:
160.255 (1) In this section, "private sewage on-site wastewater treatment system" has the meaning given in s. 145.01 (12).
146,136
Section
136. 160.255 (2) of the statutes is amended to read:
160.255 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage on-site wastewater treatment systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.
146,137
Section
137. 160.255 (3) of the statutes is amended to read:
160.255 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage on-site wastewater treatment systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.
146,138
Section
138. 160.255 (4) of the statutes is amended to read:
160.255 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.
146,139
Section
139. 160.255 (5) of the statutes is amended to read:
160.255 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.
146,140
Section
140. 168.11 (1) (b) 1. of the statutes is amended to read:
168.11 (1) (b) 1. A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol, using one-half inch high letters with a stroke of not less than one-eighth inch in width, at all times when the product is offered for sale.
146,141
Section
141. 200.21 (11) of the statutes is amended to read:
200.21 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), or any local sewer.
146,142
Section
142. 200.29 (1) (c) 3. a. of the statutes is amended to read:
200.29 (1) (c) 3. a. The weight to be given to the need for private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.
