SB76-SA7,9,1413 (a) Made a material misstatement in the application for a license or
14registration or renewal thereof or for a temporary permit;.
SB76-SA7,9,1615 (am) Committed gross negligence or misconduct or is incompetent in the
16practice covered by the person's license, registration or permit ;.
SB76-SA7,1x 17Section 1x. 145.10 (1) (b) of the statutes is amended to read:
SB76-SA7,9,2018 145.10 (1) (b) Failed to correct an installation for which he or she is responsible,
19at his or her own expense, within 30 days following notification by the department
20of a violation of any rule adopted under this chapter; or.
SB76-SA7,1y 21Section 1y. 145.10 (1) (c) of the statutes is repealed.
SB76-SA7,1z 22Section 1z. 145.12 (4) of the statutes is amended to read:
SB76-SA7,9,2523 145.12 (4) Any person who violates any order under s. 145.02 (3) (f) or 145.20
24(2) (f)
or any rule or standard adopted under s. 145.13 shall forfeit not less than $10
25nor more than $1,000 for each violation. Each violation of an order under s. 145.02

1(3) (f) or 145.20 (2) (f) or a rule or standard under s. 145.13 constitutes a separate
2offense and each day of continued violation is a separate offense.
SB76-SA7,1za 3Section 1za. 145.12 (5) (a) of the statutes is amended to read:
SB76-SA7,10,74 145.12 (5) (a) In lieu of any other penalty under this section, the department
5may directly assess a forfeiture by issuing an order against any person who violates
6s. 145.06 or 145.20 (6). The department may not assess a forfeiture exceeding $2,000
7for each violation.
SB76-SA7,1zb 8Section 1zb. 145.14 (2) (a) of the statutes is amended to read:
SB76-SA7,10,159 145.14 (2) (a) Systems or services. Persons classified under this paragraph may
10install septic tanks for private on-site wastewater treatment systems, may install
11drain fields designed to serve such septic tanks, and may install sewer service from
12the septic tank or sewer extensions from mains to the immediate inside or proposed
13inside foundation wall of the building. Such persons may also
install water services,
14stormwater use systems, and reclaimed water systems if the services or systems are
15to be located outside the foundation wall of the building.
SB76-SA7,1zc 16Section 1zc. 145.19 of the statutes is renumbered 281.474, and 281.474 (1m),
17(1r), (2) and (3), as renumbered, are amended to read:
SB76-SA7,10,2318 281.474 (1m) Application process. The department shall prescribe the
19information to be included in an application for a sanitary permit. The applicant
20shall submit the completed application for a sanitary permit to the governmental
21unit responsible for the regulation of private on-site wastewater treatment systems.
22The governmental unit shall approve or disapprove the sanitary permit according to
23the rules promulgated by the department under this chapter subchapter.
SB76-SA7,11,5 24(1r) Test results. The results of any percolation test or other test relating to
25the disposal of liquid domestic wastes into the soil shall be retained by the

1governmental unit responsible for the regulation of private on-site wastewater
2treatment systems
where the property is located. The governmental unit shall make
3the test results available to an applicant for a sanitary permit and shall accept the
4test results as the basis for a sanitary permit application unless the soil at the test
5site is altered to the extent that a new soil test is necessary.
SB76-SA7,11,12 6(2) Fee. No fee for a sanitary permit may be less than the amount determined
7under department rule. The governing body for the governmental unit responsible
8for the regulation of private on-site wastewater treatment systems may establish a
9fee for a sanitary permit which that is more than the amount determined under
10department rule. A governmental unit responsible for the regulation of private
11on-site wastewater treatment systems
may not charge more than one fee for a
12sanitary permit or the renewal of a sanitary permit in any 12-month period.
SB76-SA7,11,20 13(3) Fees and records of permits forwarded to the department. The
14governmental unit responsible for the regulation of private on-site wastewater
15treatment systems shall forward to the department within 90 days after each valid
16sanitary permit is issued a portion of the fee, as determined under department rule.
17The governmental unit shall also compile a periodic summary of the sanitary permits
18that it has issued. The summary shall contain the information required by the
19department by rule, and shall be submitted by the governmental unit to the
20department at intervals to be determined by the department by rule.
SB76-SA7,1zd 21Section 1zd. 145.195 of the statutes is renumbered 281.475.
SB76-SA7,1ze 22Section 1ze. 145.20 of the statutes is renumbered 281.476, and 281.476 (2) (d)
23and (h), (3) (a) 2., (c) and (d), (4), (5) (a), (am), (b) and (c) and (6) (a) (intro.) and 1.,
24as renumbered, are amended to read:
SB76-SA7,12,4
1281.476 (2) (d) Inspect all private on-site wastewater treatment systems after
2construction but before backfilling no later than the end of the next workday,
3excluding Saturdays, Sundays, and holidays, after receiving notice from the plumber
4person licensed under s. 281.473 that is in charge of the installation.
SB76-SA7,12,125 (h) Inspect existing private on-site wastewater treatment systems to
6determine compliance with s. 145.195 281.475 if a building or structure is being
7constructed which that requires connection to an existing private on-site
8wastewater treatment system. The county governmental unit responsible for the
9regulation of private on-site wastewater treatment systems
is not required to
10conduct an on-site inspection if a building or structure is being constructed which
11does not require connection to an existing private on-site wastewater treatment
12system.
SB76-SA7,13,3 13(3) (a) 2. The department may exempt a governmental unit responsible for the
14regulation of private on-site wastewater treatment systems
from any category of
15private on-site wastewater treatment systems for which departmental approval is
16required prior to sanitary permit issuance under subd. 1., upon a determination, in
17accordance with rules promulgated by the department, that past performance of the
18governmental unit on reviews and audits under par. (b) has been satisfactory and
19that the governmental unit has the capacity to give the same level of application and
20plan review as that provided by the department. The department may revoke an
21exemption upon a finding that performance of the governmental unit on a review or
22audit conducted subsequent to the granting of the exemption is unsatisfactory or
23that the governmental unit is not giving the same level of application and plan
24review as that provided by the department. Findings in a revocation action may be
25made only after a public hearing upon 30 days' advance notice to the clerk of the

1governmental unit. The department shall submit a report under s. 13.172 (2) to the
2chief clerk of each house of the legislature, at the beginning of each legislative
3session, describing the exemptions under this subdivision.
SB76-SA7,13,154 (c) If the governing body for a governmental unit responsible for the regulation
5of private on-site wastewater treatment systems does not adopt a private on-site
6wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or
7if the governmental unit does not appoint personnel meeting the requirements of
8sub. (1) or if the governmental unit does not comply with the requirements of sub.
9(2) or s. 145.19 281.474 (3), the department may conduct hearings in the county seat
10upon 30 days' notice to the county clerk. As soon as practicable after the public
11hearing, the department shall issue a written decision regarding compliance with s.
1259.70 (5) or 145.19 281.474 (3) or sub. (1) or (2). If the department determines that
13there is a violation of these provisions, the governmental unit may not issue a
14sanitary permit for the installation of a private on-site wastewater treatment
15system until the violation is corrected.
SB76-SA7,13,2316 (d) The department shall conduct training and informational programs for
17officials of the governmental unit responsible for the regulation of private on-site
18wastewater treatment systems and employees and persons licensed under this
19chapter and s. 281.48 subchapter and certified as operators of septage servicing
20vehicles under s. 281.17 (3) to improve the delivery of service under the private
21on-site wastewater treatment system program. The department shall obtain the
22assistance of the Wisconsin counties association in planning and conducting the
23training and informational programs.
SB76-SA7,14,4 24(4) Special assessment for holding and septic tank pumping. A governmental
25unit responsible for the regulation of private on-site wastewater treatment systems

1may assess the owner of a private on-site wastewater treatment system for costs
2related to the pumping of a septic or holding tank. The governmental unit shall make
3any assessment in the same manner that a city, village, or town makes an assessment
4under s. 66.0703.
SB76-SA7,14,18 5(5) (a) The department shall establish a maintenance program to be
6administered by governmental units responsible for the regulation of private on-site
7wastewater treatment systems. The department shall determine the private on-site
8wastewater treatment systems to which the maintenance program applies. At a
9minimum, the maintenance program is applicable to all new or replacement private
10on-site wastewater treatment systems constructed in a governmental unit after the
11date on which the governmental unit adopts this program. The department may
12apply the maintenance program by rule to private on-site wastewater treatment
13systems constructed in a governmental unit responsible for the regulation of private
14on-site wastewater treatment systems on or before the date on which the
15governmental unit adopts the program. The department shall determine the private
16on-site wastewater treatment systems to which the maintenance program applies
17in governmental units that do not meet the conditions for eligibility under s. 145.245
18281.485 (9).
SB76-SA7,15,219 (am) Each governmental unit responsible for the regulation of private on-site
20wastewater treatment systems shall adopt and begin the administration of the
21program established under par. (a) before October 1, 2019. As part of adopting and
22administering the program, the governmental unit shall conduct and maintain an
23inventory of all the private on-site wastewater treatment systems located in the
24governmental unit and shall complete the initial inventory before October 1, 2017.

1In order to be eligible for grant funding under s. 145.245 281.485, a governmental
2unit must comply with these deadlines.
SB76-SA7,15,153 (b) The maintenance program shall include a requirement of inspection or
4pumping of the private on-site wastewater treatment system at least once every 3
5years if the private on-site wastewater treatment system does not have a
6maintenance plan as prescribed by rule by the department. Inspections may be
7conducted by a master plumber, journeyman plumber or restricted plumber person
8licensed under this chapter s. 281.473, a person licensed under s. 281.48, or by an
9employee of the state or governmental unit responsible for the regulation of private
10on-site wastewater treatment systems
designated by the department, and the
11department may determine by rule other persons who are qualified to undertake
12required inspection, maintenance, or repairs. The department shall specify the
13methods to establish the required frequency of inspection, maintenance, and
14pumping for each type of private on-site wastewater treatment system that does not
15have a maintenance plan and shall periodically update the methods.
SB76-SA7,15,2216 (c) The department of natural resources may suspend or revoke a license issued
17under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage
18servicing vehicle if the department of natural resources finds that the licensee or
19operator falsified information on inspection forms. The department of safety and
20professional services may suspend or revoke the license of a plumber licensed under
21this chapter if the department finds that the plumber falsified information on
22inspection forms.
SB76-SA7,16,2 23(6) (a) (intro.) Except as provided in par. (b), a governmental unit an employee
24of a governmental unit responsible for the regulation of private on-site wastewater
25treatment systems
who has responsibilities related to any of the activities under sub.

1(2) (a) to (i) may not do any of the following in the county in which the employee is
2employed or in an adjacent county:
SB76-SA7,16,53 1. Conduct any activities for which certification is required under s. 145.045
4281.472 (1), except that the employee may review and verify soil tester reports as
5provided in sub. (2) (a).
SB76-SA7,1zf 6Section 1zf. 145.23 (title) of the statutes is repealed.
SB76-SA7,1zg 7Section 1zg. 145.23 of the statutes is renumbered 281.12 (4).
SB76-SA7,1zh 8Section 1zh. 145.24 of the statutes is renumbered 281.483, and 281.483 (title)
9and (2), as renumbered, are amended to read:
SB76-SA7,16,13 10281.483 (title) Variances for noncompliant private on-site wastewater
11treatment systems
. (2) The department shall establish procedures for the review
12and evaluation of existing private on-site wastewater treatment systems which that
13do not comply with siting or design standards.
SB76-SA7,1zi 14Section 1zi. 145.245 (title) of the statutes is renumbered 281.485 (title) and
15amended to read:
SB76-SA7,16,17 16281.485 (title) Private on-site wastewater treatment system
17replacement or rehabilitation
program.
SB76-SA7,1zj 18Section 1zj. 145.245 (1) (intro.), (a), (ae), (am), (b) and (c) of the statutes are
19renumbered 281.485 (1) (intro.), (a), (ae), (am), (b) and (c), and 281.485 (1) (a) 2., as
20renumbered, is amended to read:
SB76-SA7,16,2221 281.485 (1) (a) 2. A written enforcement order issued under s. 145.02 (3) (f),
22145.20 (2) (f) or
281.19 (2) or 281.476 (2) (f).
SB76-SA7,1zk 23Section 1zk. 145.245 (1) (dm) of the statutes is repealed.
SB76-SA7,1zL 24Section 1zL. 145.245 (1) (e), (4), (4m), (5), (5m), (6), (7), (8), (9), (10), (11), (11m),
25(12), (12m), (13), (14) and (15) of the statutes are renumbered 281.485 (1) (e), (4),

1(4m), (5), (5m), (6), (7), (8), (9), (10), (11), (11m), (12), (12m), (13), (14) and (15), and
2281.485 (7) (e), (9) (a) and (12m) (e), (f), (g) and (h), as renumbered, are amended to
3read:
SB76-SA7,17,104 281.485 (7) (e) Costs allowable for experimental private on-site wastewater
5treatment systems shall include the costs of installing and monitoring experimental
6private on-site wastewater treatment systems installed under s. 145.02 (3) (b) and
7this section. The department shall promulgate rules that specify how the
8department will select, monitor, and allocate the state share for experimental private
9on-site wastewater treatment systems that the department funds under this
10section.
SB76-SA7,17,12 11(9) (a) Adopt and administer the maintenance program established under s.
12145.20 281.476 (5);
SB76-SA7,17,17 13(12m) (e) The department of safety and professional services natural resources
14and the department of administration may enter into a financial assistance
15agreement with a governmental unit that applies for a loan under this subsection
16and meets the eligibility requirements for a loan, including the requirements under
17par. (d).
SB76-SA7,17,2518 (f) The department of administration, in consultation with the department of
19safety and professional services natural resources, may establish those terms and
20conditions of a financial assistance agreement that relate to its financial
21management, including what type of municipal obligation is required for the
22repayment of the financial assistance. In setting the terms and conditions, the
23department of administration may consider factors that the department of
24administration finds are relevant, including the type of obligation evidencing the
25loan, the pledge of security for the obligation, and the applicant's creditworthiness.
SB76-SA7,18,5
1(g) The department of administration shall make and disburse a loan to an
2applicant that has entered into a financial assistance agreement under par. (e). The
3department of administration, in consultation with the department of safety and
4professional services
natural resources, shall establish procedures for disbursing
5loans.
SB76-SA7,18,156 (h) If a governmental unit fails to make a principal repayment after its due
7date, the department of administration shall place on file a certified statement of all
8amounts due under this subsection. After consulting the department of safety and
9professional services
natural resources, the department of administration may
10collect all amounts due by deducting those amounts from any state payments due the
11governmental unit or may add a special charge to the amount of taxes apportioned
12to and levied upon the county under s. 70.60. If the department of administration
13collects amounts due, it shall remit those amounts to the fund to which they are due
14and notify the department of safety and professional services natural resources of
15that action.
SB76-SA7,1zm 16Section 1zm. 160.255 (1) of the statutes is amended to read:
SB76-SA7,18,1817 160.255 (1) In this section, “private on-site wastewater treatment system" has
18the meaning given in s. 145.01 (12) 281.01 (10m).
SB76-SA7,1zn 19Section 1zn. 200.21 (11) of the statutes is amended to read:
SB76-SA7,18,2320 200.21 (11) “Sewerage system" means all facilities of the district for collection,
21transportation, storage, pumping, treatment and final disposition of sewage.
22“Sewerage system" does not include any private on-site wastewater treatment
23system, as defined in s. 145.01 (12) 281.01 (10m), or any local sewer.
SB76-SA7,1zo 24Section 1zo. 200.29 (1) (c) 3. a. of the statutes is amended to read:
SB76-SA7,19,5
1200.29 (1) (c) 3. a. The weight to be given to the need for private on-site
2wastewater treatment systems, as defined in s. 145.01 (12) 281.01 (10m), to maintain
3the public health and welfare in any area located within the district prior to a
4redefinition of the boundary but located outside the district after any redefinition of
5the boundary.
SB76-SA7,1zp 6Section 1zp. 281.17 (3) of the statutes is amended to read:
SB76-SA7,20,37 281.17 (3) The department shall promulgate rules establishing an examining
8program for the certification of operators of water systems, wastewater treatment
9plants and septage servicing vehicles operated under a license issued under s. 281.48
10(3), setting such standards as the department finds necessary to accomplish the
11purposes of this chapter and chs. 285 and 289 to 299, including requirements for
12continuing education. The department may charge applicants a fee for certification,
13except that the department may not require an individual who is eligible for the
14veterans fee waiver program under s. 45.44 to pay a fee. All moneys collected under
15this subsection for the certification of operators of water systems, wastewater
16treatment plants and septage servicing vehicles shall be credited to the
17appropriation under s. 20.370 (4) (bL). No person may operate a water systems,
18wastewater treatment plant or septage servicing vehicle without a valid certificate
19issued under this subsection. The department may suspend or revoke a certificate
20issued under this subsection for a violation of any statute or rule relating to the
21operation of a water system or wastewater treatment plant or to septage servicing,
22for failure to fulfill the continuing education requirements or as provided under s.
23145.20 281.476 (5). The owner of any wastewater treatment plant shall be, or shall
24employ, an operator certified under this subsection who shall be responsible for plant
25operations, unless the department by rule provides otherwise. In this subsection,

1“wastewater treatment plant" means a system or plant used to treat industrial
2wastewater, domestic wastewater or any combination of industrial wastewater and
3domestic wastewater.”.
SB76-SA7,20,4 44. Page 10, line 10: after that line insert:
SB76-SA7,20,5 5 Section 4a. 281.473 of the statutes is created to read:
SB76-SA7,20,10 6281.473 Licensing of installers. The department shall promulgate rules as
7to the qualifications, examination, and licensing of persons that install septic tanks
8for private on-site wastewater treatment systems, drain fields designed to serve
9those septic tanks, and sewer service from the septic tank or sewer extensions from
10mains to the immediate inside or proposed inside foundation wall of the building.
SB76-SA7,4b 11Section 4b. 281.48 (2) (bm) of the statutes is repealed.
SB76-SA7,4c 12Section 4c. 281.48 (5) (a) 4. of the statutes is amended to read:
SB76-SA7,20,1513 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed
14by the department or falsified information on inspection forms under s. 145.20
15281.476 (5).
SB76-SA7,4d 16Section 4d. 281.48 (5m) (c) of the statutes is amended to read:
SB76-SA7,21,617 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance
18shall be identical to the corresponding portions of rules promulgated by the
19department under this section. The county shall require the person engaged in
20septage disposal to submit the results of a soil test conducted by a soil tester certified
21under s. 145.045 281.472 and to obtain a site approval for each location where the
22person disposes of septage on land. The county shall maintain records of soil tests,
23site approvals, county inspections and enforcement actions under this subsection.
24A county may not require licensing or registration for any person or vehicle engaged

1in septage disposal. The county may establish a schedule of fees for site approvals
2under this paragraph if the department determines that the fees are no more than
3is necessary to fund the county program under this paragraph. The county may
4require a bond or other method of demonstrating the financial ability to comply with
5the septage disposal ordinance. The county shall provide for the enforcement of the
6septage disposal ordinance by penalties identical to those in s. 281.98.
SB76-SA7,4e 7Section 4e. 281.57 (7) (c) 1. of the statutes is amended to read:
SB76-SA7,21,148 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are
9limited in each fiscal year to receiving total grant awards not to exceed 33 percent
10of the sum of the amounts in the schedule for that fiscal year for the appropriation
11under s. 20.165 (2) (ke) 20.370 (6) (gd) and the amount authorized under sub. (10) for
12that fiscal year plus the unencumbered balance at the end of the preceding fiscal year
13for the amount authorized under sub. (10). This subdivision is not applicable to grant
14awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
SB76-SA7,4f 15Section 4f. 281.59 (1m) (c) of the statutes is amended to read:
SB76-SA7,21,1816 281.59 (1m) (c) There is established a private on-site wastewater treatment
17system replacement and rehabilitation loan program, administered under s. 145.245
18281.485 (12m).
SB76-SA7,4g 19Section 4g. Nonstatutory provisions.
SB76-SA7,21,21 20(1) Transfer of duties related to private on-site wastewater treatment
21systems.
SB76-SA7,22,2 22(a) Assets and liabilities. On the effective date of this paragraph, the assets and
23liabilities of the department of safety and professional services that are primarily
24related to private on-site wastewater treatment systems, as determined by the

1secretary of safety and professional services, become the assets and liabilities of the
2department of natural resources.
SB76-SA7,22,8 3(b) Positions and employees. On the effective date of this paragraph, all
4positions and all incumbent employees holding those positions in the department of
5safety and professional services performing duties that are primarily related to
6private on-site wastewater treatment systems, as determined by the secretary of
7safety and professional services, are transferred to the department of natural
8resources.
SB76-SA7,22,14 9(c) Employee status. Employees transferred under paragraph (b) have all the
10rights and the same status under chapter 230 of the statutes in the department of
11natural resources that they enjoyed in the department of safety and professional
12services immediately before the transfer. Notwithstanding section 230.28 (4) of the
13statutes, no employee transferred under paragraph (b) who has attained permanent
14status in class is required to serve a probationary period.
SB76-SA7,22,19 15(d) Tangible personal property. On the effective date of this paragraph, all
16tangible personal property, including records, of the department of safety and
17professional services that is primarily related to private on-site wastewater
18treatment systems, as determined by the secretary of safety and professional
19services, is transferred to the department of natural resources.
SB76-SA7,23,2 20(e) Contracts. All contracts entered into by the department of safety and
21professional services in effect on the effective date of this paragraph that are
22primarily related to private on-site wastewater treatment systems, as determined
23by the secretary of safety and professional services, remain in effect and are
24transferred to the department of natural resources. The department of natural
25resources shall carry out any obligations under those contracts unless modified or

1rescinded by the department of natural resources to the extent allowed under the
2contract.
SB76-SA7,23,11 3(f) Rules and orders. All rules promulgated by the department of safety and
4professional services in effect on the effective date of this paragraph that are
5primarily related to private on-site wastewater treatment systems remain in effect
6until their specified expiration dates or until amended or repealed by the department
7of natural resources. All orders issued by the department of safety and professional
8services in effect on the effective date of this paragraph that are primarily related
9to private on-site wastewater treatment systems remain in effect until their
10specified expiration dates or until modified or rescinded by the department of natural
11resources.
SB76-SA7,23,18 12(g) Pending matters. Any matter pending with the department of safety and
13professional services on the effective date of this paragraph that is primarily related
14to private on-site wastewater treatment systems, as determined by the secretary of
15safety and professional services, is transferred to the department of natural
16resources. All materials submitted to or actions taken by the department of safety
17and professional services with respect to the pending matter are considered as
18having been submitted to or taken by the department of natural resources.
SB76-SA7,4h 19Section 4h. Effective date. This act takes effect on the day after publication,
20or on the 2nd day after publication of the 2017 biennial budget act, whichever is
21later.”.
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