SPS 383.22(2)(b)2.
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).
SPS 383.22(2)(b)3.
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.
SPS 383.22(2)(b)4.
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).
SPS 383.22(2)(b)5.
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:
SPS 383.22(2)(b)5.a.
a. Describes the legal entity, public or private, that has responsibility for the operation and maintenance of the POWTS.
SPS 383.22(2)(b)5.b.
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.
SPS 383.22(2)(b)6.a.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.
SPS 383.22 Note
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.
SPS 383.22(2)(b)6.b.
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.
SPS 383.22(2)(b)6.c.
c. Solely for the purpose of determining the applicability of subd.
6. a., the design wastewater flow of 12,000 gpd for commercial facilities shall be calculated using the estimated wastewater flows specified in
A-383.43 (6) of ch.
SPS 383 Appendix.
SPS 383.22(2)(b)6.d.
d. Solely for the purpose of determining the applicability of subd.
6. a., for residential dwellings combined with commercial facilities the design wastewater flow of 12,000 gpd shall be calculated by prorating the number of bedrooms on the basis of 85 bedrooms equaling 12,000 gpd for the residential dwellings and using the estimated flow under s.
SPS 383.43 (3) (a) and
A-383.43 (6) of ch.
SPS 383 Appendix to calculate the design flow for the commercial facilities.
SPS 383.22(2)(b)6.e.
e. For the purpose of determining the applicability of subd.
6. a., the design wastewater flow of 12,000 gpd shall include the design wastewater flow of all POWTS that are located on the same property or on properties under the same ownership and where the perimeter of a distribution cell of a POWTS dispersal component for one POWTS is less than 1,500 feet from the perimeter of a distribution cell of a POWTS dispersal component of any other POWTS under the same ownership.
SPS 383.22(2)(b)6.f.
f. For the purpose of determining the applicability of subd.
6. a., the combined design wastewater flow shall include that of any existing POWTS which falls within the parameters of subd.
6. e. SPS 383.22(2)(b)6.g.
g. Under subd.
6. a., the same ownership is defined to be a person, group of persons or a corporation which owns a majority interest in the properties where majority ownership is based upon a majority of the issued voting stock, a majority of the members if no voting stock is issued, a majority of the board of the directors or comparable governing body or participation of each general partner in the profits of a partnership.
SPS 383.22(2)(c)
(c) Plans and specifications which are required to be submitted for review under sub.
(1) shall be one of the following:
SPS 383.22(2)(c)1.
1. Signed and sealed in accordance with s.
A-E 2.02 by an individual who is registered by the department as an architect, engineer, designer of plumbing systems, or designer of private onsite wastewater treatment systems.
SPS 383.22(2)(c)2.
2. Signed, including license number, and dated by an individual who is responsible for the installation of the POWTS and who is licensed by the department as a master plumber or master plumber-restricted service.
SPS 383.22 Note
Note: Nothing in this chapter is intended to prohibit the submission and acceptance of planning documents in an electronic or digital media.
SPS 383.22(3)(a)(a) Time limits. Pursuant to s.
SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days.
SPS 383.22(3)(b)1.1. If, upon review, the applicable reviewing agency determines that the plans conform to chs.
SPS 382 to
384, a conditional approval shall be granted in writing.
SPS 383.22(3)(c)
(c) Denial of approval. If, upon review, the applicable reviewing agency determines that the plans do not conform to chs.
SPS 382 to
384, the request for conditional approval shall be denied in writing.
SPS 383.22(4)(a)(a) A modification to the design of a POWTS for which a plan has been previously granted approval under sub.
(3) (b) shall be submitted to the applicable reviewing agency for review in accordance with this section, if the proposed modification involves any of the following:
SPS 383.22(4)(a)2.
2. The replacement or addition of a POWTS component listed in Table 383.04-1.
SPS 383.22(4)(a)4.
4. A change to one or more dispersal components involving any of the following:
SPS 383.22(4)(a)4.d.
d. Design of a pressure distribution component, except for changes to pumps, forcemain lengths, total dynamic head, (TDH), or pump control settings.
SPS 383.22(4)(b)
(b) A modification to the design of a POWTS for which a plan has been previously granted approval under sub.
(3) (b) may be submitted to the governmental unit which issued the sanitary permit, if the proposed modification involves a change which is not listed in par.
(a) and if the governmental unit agrees to review the proposed minor revision.
SPS 383.22(4)(c)
(c) The installer of a POWTS may not implement or undertake the proposed revisions under par.
(a) or
(b) until written approval is obtained from the applicable reviewing agency.
SPS 383.22(4)(d)
(d) Revisions to previously approved plans shall be reviewed in accordance with sub.
(3).
SPS 383.22(4)(e)
(e) If revisions under par.
(a) are submitted to and approved by the department, the owner of the site for the POWTS or the owner's agent shall file the revisions with the governmental unit which issued the sanitary permit.
SPS 383.22(5)
(5)
Limitation of responsibility. A conditional approval of a plan by the department may not be construed as an assumption by the department of any responsibility for the design of the POWTS or any component of the system. The department does not hold itself liable for any defects in construction, or for any damages that may result from a specific installation.
SPS 383.22(6)(a)(a) The department may revoke any plan approval issued under this section for any false statements or misrepresentation of facts on which the approval was based.
SPS 383.22(6)(b)
(b) The designated agent or governmental unit may revoke any plan approval issued by the designated agent or governmental units for any false statements or misrepresentation of facts on which the approval was based.
SPS 383.22(6)(c)
(c) The revocation of a plan approval and the reasons for revocation shall be conveyed in writing to the submitter of the plans as noted on the application.
SPS 383.22(6)(d)
(d) If a plan approval is revoked, the installation or alteration of a POWTS may not continue until another plan approval is obtained.
SPS 383.22(7)(a)(a) When plans are required to be approved by the department, designated agent, or governmental unit under sub.
(1), the plumber responsible for the installation of a POWTS or the modification of an existing POWTS shall keep at the construction site at least one set of plans bearing evidence of approval by the department, designated agent, or governmental unit and at least one copy of specifications.
SPS 383.22(7)(b)
(b) The plans and specifications shall be maintained at the construction site until the POWTS installation or modification is completed and an opportunity for a final inspection occurs in accordance with s.
SPS 383.26.
SPS 383.22(7)(c)
(c) The plans and specifications shall be made available to the department or the governmental unit upon request.
SPS 383.22 History
History: Cr.
Register, April, 2000, No. 532, eff. 7-1-00;
CR 02-129: am. (2) (b) 6. a. and e. and (4) (a) (intro.), r. (4) (a) 4. c., renum. and am. (4) (a) 4. d. to be (4) (a) 4. c., cr. (4) (e)
Register January 2004 No. 577, eff. 2-1-04
; CR 06-119: am. (3) (a)
Register July 2007 No. 619, eff. 8-1-07;
CR 07-100: am. Tables 83.22-1 to 3, (2) (a) 1., (b) 5. (intro.), (4) (a) and (7) (a), renum. (2) (a) 2. and 3. and (4) (b) to (d) to be (2) (a) 3. and 4. and (4) (c) to (e) and am. (4) (c) and (e), cr. (2) (a) 2. and (4) (b), r. (4) (e)
Register September 2008 No. 633, eff. 10-1-08; correction in (1) (b), (c), (d), (2) (a) 4. a., c., (b) 1. (intro.), e., 4., 6. c., d., (c) 1., (d), (3) (a), (b) 1., 2., (c), (4) (a) 2., (7) (b), Table 383.22-1, Table 383.22-2, Table 383.22-3 made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672; correction in (2) (b) 6. c., d. made under s.
13.92 (4) (b) 7., Stats.,
Register June 2013 No. 690;
CR 17-065: am. (1) (a) (intro.), (2) (a) 3., (b) 1. (intro.), cr. (2) (b) 1. g., am. (2) (b) 2., (c) 1., (3) (b) 1., 2., (c), (7) (a)
Register June 2018 No. 750, eff. 7-1-18.
SPS 383.23(1)(1)
Upon request from a governmental unit, the department may delegate to the governmental unit the responsibility to review plans for one or more of the types of POWTS delineated in Table 383.22-2 which are to be or are located within the jurisdiction of that governmental unit.
SPS 383.23(2)
(2) A request by a governmental unit to review plans for the types of POWTS delineated in Table 383.22-2 shall be made in writing. The request shall include all of the following:
SPS 383.23(2)(b)
(b) Information delineating how the plans are to be processed and reviewed.
SPS 383.23(2)(c)
(c) Information on how plan review decisions are to be recorded and maintained.
SPS 383.23(3)
(3) The delegation of plan review by the department shall be contingent upon a governmental unit's request demonstrating sufficient capabilities to complete the reviews, including all of the following:
SPS 383.23(3)(a)
(a) The utilization of one or more individuals who are certified by the department as a POWTS inspector to perform the plan review.
SPS 383.23(3)(b)
(b) The utilization of one or more individuals, who are certified soil testers, to provide assistance in the plan review process.
SPS 383.23 Note
Note: The requirements of this subsection do not require the utilization of 2 individuals to perform plan review. A single individual who holds a certification as a certified POWTS inspector and as a certified soil tester may fulfill the requirements under pars. (a) and (b).
SPS 383.23(4)(a)(a) The department shall provide the governmental unit with a written decision of delegation or denial of delegation relative to a request under this section concerning plan review.
SPS 383.23(4)(b)
(b) The department may deny a request for plan review delegation, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s.
SPS 383.255.
SPS 383.23(4)(c)
(c) The delegation for plan review shall be contingent upon the governmental unit acknowledging that the submission and review of plans under s.
SPS 383.22 (1) may, at the discretion of the submitter, be made to the department or the designated agent.
SPS 383.23(5)
(5) The department shall include as part of governmental unit audits conducted under s.
145.20 (3) (b), Stats., an evaluation of the plan review functions which are delegated to a governmental unit under this section.
SPS 383.23(6)
(6) A governmental unit that wishes to discontinue the delegated plan review function under this section shall notify the department in writing at least 30 days prior to the discontinuance.
SPS 383.23(7)(b)
(b) The department may revoke the delegation as a plan review agent, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s.
SPS 383.255.
SPS 383.23 History
History: Cr.
Register, April, 2000, No. 532, eff. 7-1-00;
CR 02-129: am. (3) (a) and (b)
Register January 2004 No. 577, eff. 2-1-04;
CR 07-100: renum. (4) (b) and (7) to be (4) (c) and (7) (a), cr. (4) (b) and (7) (b)
Register September 2008 No. 633, eff. 10-1-08; correction in (1), (2) (intro.), (4) (b), (c), (7) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 383.24(1)(1)
The department shall consider and may grant a variance to a provision of this chapter in accordance with ch.
SPS 303.
SPS 383.24 Note
Note: The petition for variance process is to allow the owner of a proposed or existing POWTS to ask the department's recognition of an alternative method or means for complying with the intent of a specific rule.
SPS 383.24(2)(a)(a) Pursuant to s.
145.24, Stats., the department may not approve a petition for variance for an existing POWTS which is determined to be a failing private onsite wastewater treatment system.
SPS 383.24(2)(b)
(b) For the purposes of this subsection, the department shall consider a petition for variance if the existing POWTS is not considered a failing private onsite wastewater treatment system.
SPS 383.24 History
History: Cr.
Register, April, 2000, No. 532, eff. 7-1-00; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 383.25(1)(a)
(a) Pursuant to s.
145.20 (1) (am), Stats., the delegation by a governmental unit of the administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be by ordinance.
SPS 383.25(1)(b)
(b) A copy of an ordinance delegating administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be forwarded to the department at least 30 days prior to the effective date of the ordinance.
SPS 383.25(2)(a)
(a) General. Pursuant to s.
145.195, Stats., the issuance of building permits by a municipality for unsewered properties shall be in accordance with this subsection.
SPS 383.25(2)(b)
(b) New construction. A municipality may not issue a building permit to commence construction or installation of a structure that necessitates the use of a POWTS to serve the structure unless one of the following conditions apply:
SPS 383.25(2)(b)1.
1. The owner of the property possesses a sanitary permit for the installation of a POWTS in accordance with s.
SPS 383.21.
SPS 383.25 Note
Note: Section
SPS 383.21 outlines the procedures for the issuance of sanitary permits. Section
145.19, Stats., mandates that no private sewage system may be installed unless the owner of the property holds a valid sanitary permit.
