Wisconsin Legislature: SPS 383.54(1)(e)

(b) The owner of a POWTS existing prior to July 1, 2000, shall be responsible for ensuring that the maintenance of the POWTS occurs in accordance with s. SPS 383.54 (4).

(c)

1. The owner of a POWTS, including a POWTS existing prior to July 1, 2000, shall maintain a maintenance contract with a POWTS maintainer or a business utilizing a POWTS maintainer for the POWTS as long as the POWTS is utilized and, if the management plan for the POWTS under s. SPS 383.54 (1) involves one or more of the following:

a. Evaluating or monitoring any part of the system at an interval of 12 months or less.

b. Maintaining any part of the system at an interval of 12 months or less.

2. The owner of a POWTS, including a POWTS existing prior to July 1, 2000, shall maintain a maintenance or service contract with a certified septage servicing operator under ch. NR 114 for the POWTS as long as the POWTS is utilized and, if the management plan for the POWTS under s. SPS 383.54 (1) involves the servicing of any holding, treatment or dispersal component at an interval of 12 months or less.

(2) A POWTS, including a POWTS existing prior to July 1, 2000, that is not maintained in accordance with the approved management plan or as required under s. SPS 383.54 (4) shall be considered a human health hazard.

(3) The activities relating to evaluating, monitoring and maintaining POWTS components after the initial installation of the POWTS in accordance with an approved management plan or as required by s. SPS 383.54 (4) (c) shall be conducted by a person who holds registration issued by the department as a registered POWTS maintainer.

Note: See s. SPS 305.36 concerning the application and qualification requirements to become a registered POWTS maintainer.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (3) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (1) (a) to be (1) (a) 1., cr. (1) (a) 2., am (1) (b), (c) 1. (intro.) and (3) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (a) 1., (b), (c) 1. (intro.), 2., (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 383.53 General.

(1) No product for chemical or physical restoration or chemical or physical procedures for POWTS, including a POWTS existing prior to July 1, 2000, may be used unless approved by the department in accordance with ss. SPS 384.10 and 384.14.

(2) Nothing in this subchapter shall limit a governmental unit’s authority and power in establishing a mandatory POWTS maintenance program that is more restrictive than what is specified in this subchapter, including management or maintenance undertaken by the governmental unit.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 07-100: am. Register September 2008 No. 633, eff. 10-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 383.54 Management requirements.

(1) Management plan.

(a) The management plan for each POWTS shall include information and procedures for maintaining the POWTS to operate and function within the standards of this chapter and as designed and approved.

(b) The management plan for a POWTS shall be a part of the plan submittal under s. SPS 383.22 or 384.10.

(c) The management plan for POWTS shall specify all necessary maintenance and servicing information which may include, but is not limited to all of the following:

1. Accumulated solids or byproduct removal requirements.

2. Influent quantities and qualities and effluent quantities and qualities.

3. Metering, sampling and monitoring schedules and requirements.

4. Load and rest schedules.

5. Servicing frequency requirements.

6. Installation and inspection checklists.

7. Evaluation, monitoring and maintenance schedules for mechanical POWTS components.

8. Start up and shutdown procedures.

9. Procedure for abandonment.

(d) If the owner of the POWTS wishes to operate or maintain a POWTS differently than that specified in the approved management plan, a written request for approval to amend the management plan shall be submitted to the agency that initially reviewed the installation plan under s. SPS 383.22.

(e) The management plan for a POWTS shall specifically address the servicing mechanics of an aerobic or anaerobic treatment tank or a holding tank where either of the following conditions exist:

1. The bottom of the tank is located more than 15 feet below the elevation where the servicing pad is located.

2. The bottom of the tank is located more than 150 feet horizontally from where the servicing pad is located.

(2) Metering and monitoring.

(a) General. The management plan specified in sub. (1) shall include procedures for metering or monitoring POWTS influent or effluent as specified in this subsection.

(b) Department option. The department may require the metering or monitoring of any POWTS to evaluate the operation of the POWTS.

(c) Governmental unit option. A governmental unit may require the metering or monitoring of a POWTS holding component as part of a maintenance and monitoring tracking program.

(d) Metering influent flows.

1. When and where the metering of a POWTS is required, influent flows to POWTS shall be metered by one of the following methods:

a. Installing event counters and elapsed time meters.

b. Installing water meters to meter the water distribution system flow to the POWTS.

c. Metering wastewater flow from all parts of the plumbing system discharging to the POWTS.

d. Metering the water distribution system and metering exterior hydrant use, except as provided in subd. 2.

2. Where meters are installed on water distribution systems existing prior to July 1, 2000, the entire water distribution system may be metered and the exterior hydrant usage estimated and subtracted from the total flow to meet the requirements of this paragraph.

(e) Monitoring influent and effluent loads.

1. When and where the monitoring of groundwater is required, groundwater monitoring wells constructed in accordance with ch. NR 141 shall be utilized.

2. When influent or effluent contaminants are to be monitored, samples shall be collected in accordance with the requirements of the approved management plan or, where no procedures are specified, in accordance with published sampling procedures accepted by the department.

Note: Acceptable sampling procedures include those contained in the following sources:

“Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Facilities,” EPA SW-611, Office of Water and Waste Management, U. S. Environmental Protection Agency, December 1980, Washington, D. C.

“Techniques of Water Resources Investigations of the United States Geological Survey, Guidelines for Collection and Field Analysis of Ground Water Samples for Selected Unstable Constituents,” Book I, Chapter D2, U.S. Geological Survey, Washington, D. C.

“Procedures for the Collection of Representative Water Quality Data from Monitoring Wells,” Cooperative Groundwater Report 7, Illinois State Water Survey, 1981, Champaign, Illinois.

“Manual of Ground Water Sampling Procedures,” NWWA/EPA Series, Robert S. Kerr Environmental Research Laboratory, 1981, Ada, Oklahoma.

“Groundwater Sampling Desk Reference – Parts 1 and 2,” Wisconsin DNR, PUBL-DG-037 96, September 1996.

“Groundwater Sampling Field Manual,” Wisconsin DNR, PUBL-DG-038 96, September 1996.

3. All groundwater samples collected to evaluate influent or effluent quality, except samples collected for total coliform bacteria analysis and the field analyses for pH, specific conductance and temperature, shall be analyzed by a laboratory certified under s. 299.11, Stats., and rules adopted under that section.

4. The results of the analysis required under subd. 2. shall be maintained and reported as required in the approved management plan and in accordance with s. SPS 383.55 (1) (a).

(3) Servicing requirements.

(a) The management plan specified in sub. (1) shall reflect the servicing schedules of POWTS components as specified in this subsection

(b) The servicing frequency of an anaerobic treatment tank for a POWTS shall occur at least when the combined sludge and scum volume equals 1/3 of the tank volume.

(c) The servicing frequency of a holding tank for a POWTS shall occur at least when the wastewater of the tank reaches a level of one foot below the inlet invert of the tank.

Note: The servicing of POWTS holding and treatment components, including septic tanks and holding tanks, is required to be performed by licensed pumpers under chs. NR 113 and NR 114.

(d) The servicing of a RV transfer tank shall be performed in a manner to prevent the discharge of wastewater into the surrounding soil or onto the ground surface.

Note: Section NR 113.03 (57) defines “servicing” as “…removing the scum, liquid, sludge, or other wastes from a private sewage system such as septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies, or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.”

(4) Existing POWTS.

(a) The servicing frequency of an anaerobic treatment tank for a POWTS existing prior to July 1, 2000, shall occur at least when the combined sludge and scum volume equals 1/3 of the tank volume.

(b)

1. The servicing of a holding tank for a POWTS existing prior to July 1, 2000, shall occur at least when the wastewater of the tank reaches a level of one foot below the inlet invert of the tank.

2. The servicing of a RV transfer tank shall be performed in a manner to prevent the discharge of wastewater into the surrounding soil or onto the ground surface.

Note: Section NR 113.03 (57) defines “servicing” as “…removing the scum, liquid, sludge or other wastes from a private sewage system such as septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies, or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.”

(c) The inspection, evaluation, or maintenance or servicing of POWTS treatment components other than those under pars. (a) and (b) existing prior to July 1, 2000, shall be provided in accordance with the requirements specified by the manufacturer or designer of the component.

(d)

1. Except as provided in subd. 3., a POWTS that exists prior to July 1, 2000, and that utilizes a treatment or dispersal component consisting in part of in situ soil shall be visually inspected at least once every 3 years to determine whether wastewater or effluent from the POWTS is ponding on the surface of the ground.

2. The inspection required by subd. 1. shall be performed by one of the following:

a. A licensed master plumber.

b. A licensed master plumber-restricted service.

c. A licensed journeyman plumber.

d. A licensed journeyman plumber-restricted service.

e. A certified POWTS inspector.

f. A certified septage servicing operator under ch. NR 114.

g. A registered POWTS maintainer.

3. A governmental unit that has completed the inventory required under s. SPS 383.255 (1) (a) may, by ordinance, extend the visual inspection interval required under subd. 1., to a maximum period of 5-years for a POWTS serving an occasionally occupied structure or facility.

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

SPS 383.55 Reporting requirements.

(1)

(a) The owner of a POWTS or the owner’s agent shall report to the governmental unit or designated agent at the completion of each inspection, evaluation, maintenance, or servicing event specified in the approved management plan.

(b) The owner of a POWTS existing prior to July 1, 2000, or the owner’s agent shall report to the governmental unit or designated agent at the completion of each inspection, evaluation, maintenance or servicing event required under s. SPS 383.54 (4).

(2) The inspection, evaluation, maintenance and servicing reports required under sub. (1) shall be submitted to the governmental unit or designated agent in accordance with all of the following:

(a) In a manner specified by the governmental unit or designated agent.

(b) Within 30 calendar days from the date of inspection, evaluation, maintenance or servicing.