LRBs0258/1
RCT:kmg:jf
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 154
November 11, 2003 - Offered by Representative Musser.
AB154-ASA1,1,4
1An Act to amend 281.49 (3) (a) 1. and 281.49 (5) (c) 4.; and
to create 281.49 (3)
2(c) of the statutes;
relating to: the requirement that a municipal sewage
3system accept and treat septage under certain circumstances and septage
4disposal fees charged by a municipal sewage system.
Analysis by the Legislative Reference Bureau
Under current law, from November 15 to April 15, a municipal sewage system
is generally required to accept and treat septage from a person who is licensed to
service septic systems. There are several exceptions to this requirement, including
that a municipal sewage system is not required to accept septage if treatment of the
septage would cause the sewage system to exceed its design capacity or to violate
water quality standards or other legal requirements.
This substitute amendment provides that a municipal sewage system may
refuse to accept and treat septage from a person who is licensed to service septic
systems on the grounds that treatment of the septage would cause the sewage system
to exceed its design capacity or to violate water quality standards or other legal
requirements only if the sewage system has demonstrated to the Department of
Natural Resources that treatment of the septage would cause the sewage system to
exceed its design capacity or to violate water quality standards or other legal
requirements.
Current law authorizes a municipal sewage system to charge fees for disposing
of septage that are calculated at the rate applied to other users of the system and
including the costs of additional facilities or personnel necessary to accept the
septage.
This substitute amendment specifies that the fees that a municipal sewage
system charges for disposing of septage may not exceed twice the rate applied to
residential users of the system.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB154-ASA1, s. 1
1Section
1. 281.49 (3) (a) 1. of the statutes is amended to read:
AB154-ASA1,2,62
281.49
(3) (a) 1.
Treatment The municipal sewage system has demonstrated
3under par. (c) that treatment of the septage would cause the sewage system to exceed
4its operating design capacity or to violate any applicable effluent limitations or
5standards, water quality standards
, or any other legally applicable requirements,
6including court orders or state or federal statutes, rules, regulations
, or orders;
AB154-ASA1,2,108
281.49
(3) (c) A municipal sewage system may demonstrate that the municipal
9sewage system satisfies the conditions for refusal to accept septage under par. (a) 1.
10by submitting all of the following to the department:
AB154-ASA1,2,1511
1. A calculation, using a method specified by the department, showing that
12treatment of the septage would cause the sewage system to exceed its operating
13design capacity or to violate any applicable effluent limitations or standards, any
14water quality standards, or any other legally applicable requirements, including
15court orders or state or federal statutes, rules, regulations, or orders.
AB154-ASA1,2,1616
2. The data on which the calculation under subd. 1. is based.
AB154-ASA1, s. 3
17Section
3. 281.49 (5) (c) 4. of the statutes is amended to read:
AB154-ASA1,3,5
1281.49
(5) (c) 4. Actual and equitable disposal fees based on the volume of
2septage introduced into the municipal sewage system and calculated at
a rate not to
3exceed twice the rate applied to
other residential users of the municipal sewage
4system
, and including the costs of additional facilities or personnel necessary to
5accept septage at the point of introduction into the municipal sewage system.
AB154-ASA1,3,77
(1)
This act takes effect on the first day of the 7th month after publication.
