2011 Wisconsin Act 146

(1r) Test results. The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit responsible for the regulation of private sewage systems where the property is located. The governmental unit responsible for the regulation of private sewage systems shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.

146,64 Section 64. 145.135 (2) (intro.) of the statutes is renumbered 145.19 (3m) (intro.), and 145.19 (3m) (title), as renumbered, is amended to read:

145.19 (3m) (title) Notice in permit.

146,65 Section 65. 145.135 (2) (a) to (f) of the statutes are renumbered 145.19 (3m) (a) to (f), and 145.19 (3m) (a), as renumbered, is amended to read:

145.19 (3m) (a) The purpose of the sanitary permit is to allow installation of the private sewage on-site wastewater treatment system described in the permit.

146,66 Section 66. 145.14 (2) (a) of the statutes is amended to read:

145.14 (2) (a) Systems or services. Persons classified under this paragraph may install septic tanks for private sewage on-site wastewater treatment systems, may install drain fields designed to serve such septic tanks, and may install sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building. Such persons may also install water services, stormwater use systems, and reclaimed water systems if the services or systems are to be located outside the foundation wall of the building.

146,67 Section 67. 145.17 (1) of the statutes is amended to read:

145.17 (1) The department may employ competent supervisors, who shall be licensed automatic fire sprinkler contractors or journeymen automatic fire sprinkler system fitters, and may employ other persons. The department may accept as certification of inspection, inspection by the insurance services organization of Wisconsin, the industrial risk insurers association, the factory mutual engineering corporation or other rate service organization.

146,68 Section 68. 145.19 (title) of the statutes is repealed and recreated to read:

145.19 (title) Sanitary permits.

146,69 Section 69. 145.19 (1) (title) of the statutes is repealed.

146,70 Section 70. 145.19 (1) of the statutes is renumbered 145.19 (1m) and amended to read:

145.19 (1m) Application process. No septic tank may be purchased and no private sewage system may be installed unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit from the governmental unit responsible for the regulation of private sewage systems in which the property is located. The department shall prescribe the information to be included in the an application for a sanitary permit and furnish sanitary permit forms to the governmental unit. The applicant shall submit the completed application for a sanitary permit to the governmental unit. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department under this chapter. No person may sell at retail, as defined under s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section.

146,71 Section 71. 145.19 (2) of the statutes is amended to read:

145.19 (2) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.

146,72 Section 72. 145.19 (3) of the statutes is amended to read:

145.19 (3) Copy of permit Fees and records of permits forwarded to the department. The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the each valid permit is issued a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule.

146,73 Section 73. 145.19 (4) of the statutes is amended to read:

145.19 (4) Use of fee. The portion of this fee retained by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall be used for the administration of private sewage on-site wastewater treatment system programs.

146,74 Section 74. 145.19 (5) of the statutes is repealed.

146,75 Section 75. 145.19 (6) of the statutes is amended to read:

145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

146,76 Section 76. 145.195 (1) of the statutes is amended to read:

145.195 (1) No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private sewage on-site wastewater treatment system unless a private sewage on-site wastewater treatment system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install a private sewage on-site wastewater treatment system have been obtained.

146,77 Section 77. 145.195 (2) of the statutes is amended to read:

145.195 (2) Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private sewage on-site wastewater treatment system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private sewage on-site wastewater treatment system.

146,78 Section 78. 145.20 (title) of the statutes is amended to read:

145.20 (title) Private sewage on-site wastewater treatment systems.

146,79 Section 79. 145.20 (1) (a) of the statutes is amended to read:

145.20 (1) (a) The governing body of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may assign the duties of administering the private sewage on-site wastewater treatment system program to any office, department, committee, board, commission, position or employee of that governmental unit.

146,80 Section 80. 145.20 (1) (am) of the statutes is amended to read:

145.20 (1) (am) The governing body of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems may delegate the duties of administering the private sewage on-site wastewater treatment system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.

146,81 Section 81. 145.20 (1) (b) of the statutes is amended to read:

145.20 (1) (b) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under sub. (2).

146,82 Section 82. 145.20 (2) (intro.) of the statutes is amended to read:

145.20 (2) Governmental unit responsibilities. (intro.) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall:

146,83 Section 83. 145.20 (2) (a) of the statutes is amended to read:

145.20 (2) (a) Review certified soil tester reports for proposed private sewage on-site wastewater treatment systems and verify the report at the proposed site, if necessary.

146,84 Section 84. 145.20 (2) (d) of the statutes is amended to read:

145.20 (2) (d) Inspect all private sewage on-site wastewater treatment systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.

146,85 Section 85. 145.20 (2) (e) of the statutes is amended to read:

145.20 (2) (e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems or the department.

146,86 Section 86. 145.20 (2) (f) of the statutes is amended to read:

145.20 (2) (f) Investigate violations of the private sewage on-site wastewater treatment system ordinance and s. 254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.

146,87 Section 87. 145.20 (2) (g) of the statutes is amended to read:

145.20 (2) (g) Perform other duties regarding private sewage on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems or as required by the rules of the department.

146,88 Section 88. 145.20 (2) (h) of the statutes is amended to read:

145.20 (2) (h) Inspect existing private sewage on-site wastewater treatment systems to determine compliance with s. 145.195 if a building or structure is being constructed which requires connection to an existing private sewage on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private sewage on-site wastewater treatment system.

146,89 Section 89. 145.20 (3) (a) 1. of the statutes is amended to read:

145.20 (3) (a) 1. The department may specify categories of private sewage on-site wastewater treatment systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems.

146,90 Section 90. 145.20 (3) (a) 2. of the statutes is amended to read:

145.20 (3) (a) 2. The department may exempt a governmental unit from any category of private sewage on-site wastewater treatment systems for which departmental approval is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department shall submit a report under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

146,91 Section 91. 145.20 (3) (b) of the statutes is amended to read:

145.20 (3) (b) The department shall review the private sewage on-site wastewater treatment system program in each governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems to ascertain compliance with sub. (2) and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

146,92 Section 92. 145.20 (3) (c) of the statutes is amended to read:

145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems does not adopt a private sewage on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private sewage on-site wastewater treatment system until the violation is corrected.

146,93 Section 93. 145.20 (3) (d) of the statutes is amended to read:

145.20 (3) (d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private sewage on-site wastewater treatment system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

146,94 Section 94. 145.20 (4) of the statutes is amended to read:

145.20 (4) Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private sewage on-site wastewater treatment system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under s. 66.0703.

146,95 Section 95. 145.20 (5) (a) of the statutes is amended to read:

145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage on-site wastewater treatment systems. The department shall determine the private sewage on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private sewage on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9).

146,96 Section 96. 145.20 (5) (am) of the statutes is amended to read:

145.20 (5) (am) Each governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2015. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private sewage on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2013. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

146,97 Section 97. 145.20 (5) (b) of the statutes is amended to read:

145.20 (5) (b) The maintenance program shall include a requirement of inspection or pumping of the private sewage on-site wastewater treatment system at least once every 3 years if the private sewage on-site wastewater treatment system does not have a maintenance plan as prescribed by rule by the department. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private sewage on-site wastewater treatment system that does not have a maintenance plan and shall periodically update the methods.

146,98 Section 98. 145.20 (6) (a) 2. of the statutes is amended to read:

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: