Wisconsin Legislature: SPS 383.21(7)(c)

7. A fee as specified by the governmental unit.

Note: See s. 145.19 (2) to (6), Stats., for more information relative to fees.

(3) Processing.

(a) A sanitary permit may not be issued until the plans and specifications have been approved by the department or governmental unit having jurisdiction.

(b) A governmental unit may not issue a sanitary permit for the installation or modification of the POWTS that involves one or more of the technologies or methods specified in s. SPS 383.04 (1) unless the master plumber or the master plumber-restricted who is to be responsible for the installation or modification has completed approved training or has documentation that approved training will be provided during the installation of the POWTS.

(c) A governmental unit shall review and make a determination on the submission of an application for a sanitary permit within 30 days after receiving all the required information and fees under sub. (2) (c).

(d)

1. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS conforms with this chapter, a sanitary permit shall be issued.

a. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS does not conform with this chapter, a sanitary permit may not be issued.

b. When the issuance of a sanitary permit is denied, the governmental unit or department reviewing the application shall provide in writing to the applicant the reasons for denial, a notice for the right to appeal and the procedures for appeal.

c. An applicant denied a sanitary permit by a governmental unit may appeal the decision in accordance with ch. 68, Stats.

d. The appeal of the denial by the department for a sanitary permit shall be made in writing within 30 days from the date of the decision.

(e) A sanitary permit shall be issued by the appropriate governmental unit or the department in a format prescribed by the department.

Note: See ch. SPS 383 Appendix for further information relative to the permit format.

(f) A governmental unit may deny the issuance of a sanitary permit only if the application does not comply with the requirements of chs. SPS 383, 384 or 385.

(4) Transfers. A sanitary permit may be transferred from an owner to a subsequent owner, pursuant to s. 145.19 (8), Stats.

(5) Expiration. Pursuant to s. 145.19 (1b), Stats., a sanitary permit shall expire 2 years from the date of issuance unless renewed in accordance with sub. (6).

(6) Renewals.

(a)

1. The application for renewal of a sanitary permit shall be made in a format prescribed by the department.

2. The application for renewal of a sanitary permit shall be submitted to the department or the appropriate governmental unit in accordance with sub. (2) (b).

(b) The renewal of a sanitary permit shall be contingent upon the proposed POWTS or the proposed modification of an existing POWTS conforming with the rules of this chapter in effect at the time the sanitary permit is renewed.

(6m) Suspension.

(a) A governmental unit may temporarily suspend a sanitary permit issued under this section if it is determined prior to construction that a POWTS cannot be installed based on the information that was available when the permit was issued.

(b) The suspension of the sanitary permit shall terminate no later than the date the sanitary permit expires.

(7) Revocation.

(a) The department may revoke a sanitary permit issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.

(b) A governmental unit may revoke a sanitary permit that the governmental unit has issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.

(c) The revocation of a sanitary permit and the reasons for revocation shall be conveyed in writing to the individual to whom the sanitary permit was issued or transferred.

(d) If a sanitary permit is revoked, the installation or modification of a POWTS may not commence or continue until another sanitary permit is obtained.

(8) Posting. When a sanitary permit is obtained under sub. (2), the sanitary permit shall comply with all of the following:

(a) The sanitary permit shall be posted in such a location and manner on the proposed site where the POWTS is to be installed or modified so that the information on the permit is visible for inspection.

(b) The sanitary permit shall be posted until a POWTS installation or modification is completed and an opportunity for a final inspection occurs in accordance with s. SPS 383.26.

(9) Permit storage. A governmental unit shall maintain a permanent record of each sanitary permit and permit application supporting information listed in s. SPS 383.21 (2) (c) until the property is no longer served by a POWTS.

(10) Permit summary reporting.

(a) A governmental unit shall submit a periodic summary of the permits it has issued to the department in a format acceptable to the department.

(b) At a minimum the summary shall contain the following information:

1. Identification number for each permit issued.

2. Fee associated with each permit issued.

3. Identification showing each permit as issued for a new or replacement POWTS.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (c) 4., (3) (b) and (c) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: am. (2) (c) 4., cr. (3) (f), (6m) and (9) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (a) 2., (b) (intro.), (2) (c) 1., 2., 4., 5., (3) (b), (f), (8) (b) 2., (9) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: cr. (10) Register June 2013 No. 690, eff. 7-1-13; corrections in (1) (a), (4), (5) made under s. 13.92 (4) (b) 7., Stats., correction in (10) (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2013 No. 690; CR 17-065: am. (2) (c) 3., (8) (intro.), (a), r. (8) (b) (intro.), consol. (8) (b) 1. and 2. and renum. to (8) (b) and am. Register June 2018 No. 750, eff. 7-1-18.

SPS 383.22 Plan review and approval.

(1) Submission of plans.

(a) Plans shall be submitted to the department, a designated agent, or the governmental unit in accordance with this section for all of the following types of installations or modifications:

1. The installation or construction of a POWTS.

2. The replacement or addition of a POWTS treatment component.

3. The replacement or addition of a POWTS holding component.

4. The replacement or addition of a POWTS dispersal component.

(b) Plans for the types of POWTS delineated in Table 383.22-1 shall be submitted to the department for review.

(c) Plans for the types of POWTS delineated in Table 383.22-2 shall be submitted for review to the department or a designated agent.

Note: See s. SPS 383.23 for more information relative to designated agents.

(d) Plans for the types of POWTS delineated in Table 383.22-3 shall be submitted for review to the appropriate governmental unit where the POWTS is located or will be located.

- See PDF for table

- See PDF for table

Note: Pursuant to s. 145.19 (2), Stats., governmental units may require separate plan examination fees or include these fees in the cost of the sanitary permit.

- See PDF for table

Note: Pursuant to s. 145.19 (2), Stats., governmental units may require separate plan examination fees or include these fees in the cost of the sanitary permit.

(2) Plans and specifications.

(a)

1. When plans are submitted to the department for review, at least 3 sets of plans and one set of specifications shall be provided.

Note: Specifications for a project do not have to be a separate document but may be delineated on the plans.

2. When plans are submitted to a designated agent or governmental unit for review, at least 2 sets of plans and one set of specifications shall be provided.

3. Plans and specifications submitted for review shall be clear, legible, and permanent copies.

4. Plans submitted for review shall include all of the following:

a. Details and configuration layouts depicting how the design is to be constructed and how the design is to accomplish the treatment in accordance with ss. SPS 383.43 and 383.44 and dispersal that is claimed or the holding of wastewater.

b. Specifications, including a description of the materials for the project and the installation or construction practices and methods to be employed.

c. A site plan with a bench mark either scaled or dimensioned, delineating all treatment and dispersal components and their relationship to any items listed in Table 383.43-1.

(b)

1. All plans submitted for review shall be accompanied by sufficient data and information to determine if the proposed POWTS or modification of an existing POWTS and their performance will conform with chs. SPS 382 to 384 including all of the following:

a. A plan review application form specified by the department.

Note: The Department forms required in this chapter are available on the department’s website at dsps.wi.gov.

b. The minimum and maximum wastewater flow and load of the proposed project and the method or rationale for determining the flow and load.

c. Documentation to support treatment and dispersal claims.

d. A management plan for the proposed design reflecting conformance to subch. V.

e. A soil and site evaluation report in accordance with s. SPS 385.40 for those POWTS components that consist in part of in situ soil.

f. A description of a contingency plan in the event the proposed POWTS fails and cannot be repaired.

g. Other information requested by the department.

2. In addition to the information required under subd. 1., plans for one or more holding tanks serving a large commercial, industrial, recreational, or residential development with an estimated daily wastewater flow of 3,000 gallons or more shall include information pursuant to s. NR 113.07 (1) (e).

3. In addition to the information required under subd. 1., plans for a POWTS that is to serve a dwelling where the design of the POWTS is not based upon the number of bedrooms within the dwelling shall be accompanied by information documenting that design condition on the deed for the property.

4. In addition to the information required under subd. 1., plans for an experimental POWTS shall be accompanied by information required under s. SPS 383.27 (3).

5. In addition to the information required under subd. 1., plans for a POWTS which is to serve more than one structure or building, other than two one- or 2-family dwellings and their accessory buildings located on a single parcel of land, shall be accompanied by information that does all of the following:

a. Describes the legal entity, public or private, that has responsibility for the operation and maintenance of the POWTS.

b. Includes a copy of a recorded legal document that identifies all the parties that have ownership rights and are responsible for the operation and maintenance of the POWTS.

a. In addition to the information required under subd. 1., plans for a POWTS with a design wastewater flow exceeding 12,000 gallons per day shall not be approved until documentation has been submitted to the department indicating that the department of natural resources has concurred with the design of the POWTS.

Note: The Wisconsin department of natural resources requires that a Wisconsin Pollutant Discharge Elimination System (WPDES) permit must be obtained prior to the start of operation for a POWTS with a design flow exceeding 12,000 gallons per day pursuant to ch. 283, Stats.

b. Solely for the purpose of determining the applicability of subd. 6. a., the design wastewater flow of 12,000 gpd shall be deemed equivalent to 85 bedrooms for residential dwellings, including one- and 2-family dwellings, multi-family dwellings and mobile homes.