LRBa0266/1
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2017 - 2018 LEGISLATURE
SENATE AMENDMENT 7,
TO SENATE BILL 76
April 4, 2017 - Offered by Senators
Vinehout, Johnson, C. Larson, L. Taylor,
Hansen, Wirch, Bewley, Shilling, Risser, Erpenbach and Carpenter.
SB76-SA7,1,6
32. Page 1, line 5: after “wells" insert “, transferring duties related to private
4on-site wastewater treatment systems from the Department of Safety and
5Professional Services to the Department of Natural Resources, and granting
6rule-making authority".
SB76-SA7,1,9
8“
Section 1b. 20.005 (3) (schedule) of the statutes: at the appropriate place,
9insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB76-SA7,1bg
1Section 1bg. 20.370 (2) (fd) of the statutes is created to read:
SB76-SA7,2,42
20.370
(2) (fd)
Private on-site wastewater treatment systems. Annually, the
3amounts in the schedule for administering provisions relating to private on-site
4wastewater treatment systems under ss. 281.472 to 281.476 and 281.483.
SB76-SA7,1bm
5Section 1bm. 20.370 (2) (fh) of the statutes is created to read:
SB76-SA7,2,96
20.370
(2) (fh)
Private on-site wastewater treatment systems - moneys received. 7All monies received under ss. 281.472 to 281.476 and 281.483, except s. 281.474 (6),
8for administering provisions relating to private on-site wastewater treatment
9systems under ss. 281.472 to 281.476 and 281.483.
SB76-SA7,1br
10Section 1br. 20.165 (2) (j) of the statutes is amended to read:
SB76-SA7,2,1811
20.165
(2) (j)
Safety and building operations. The amounts in the schedule for
12the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and
13(2m), and 236.335
and for the purpose of transferring the amounts in the schedule
14under par. (ke) to the appropriation account under par. (ke). All moneys received
15under ch. 145, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4),
16101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred
17under
2005 Wisconsin Act 45, section
76 (6), shall be credited to this appropriation
18account.
SB76-SA7,1c
1Section 1c. 20.165 (2) (ke) of the statutes is renumbered 20.370 (6) (gd) and
2amended to read:
SB76-SA7,3,73
20.370
(6) (gd)
Private on-site wastewater treatment system replacement and
4rehabilitation. As a continuing appropriation, the amounts in the schedule for
5financial assistance under the private on-site wastewater treatment system
6replacement and rehabilitation program under s.
145.245 281.485. All moneys
7transferred from
par. s. 20.165 (2) (j) shall be credited to this appropriation account.
SB76-SA7,1d
8Section 1d. 20.320 (3) (q) of the statutes is amended to read:
SB76-SA7,3,129
20.320
(3) (q)
Private on-site wastewater treatment system loans. From the
10environmental improvement fund, as a continuing appropriation, the amounts in the
11schedule for private on-site wastewater treatment system replacement or
12rehabilitation loans under s.
145.245 281.485 (12m).
SB76-SA7,1e
13Section 1e. 25.46 (5c) of the statutes is amended to read:
SB76-SA7,3,1514
25.46
(5c) The moneys collected under s.
145.19 281.474 (6) for environmental
15management.
SB76-SA7,1f
16Section 1f. 59.70 (5) (a) of the statutes is amended to read:
SB76-SA7,4,217
59.70
(5) (a) Every governmental unit responsible for the regulation of private
18on-site wastewater treatment systems, as defined under s.
145.01 (5) 281.01 (4m),
19shall enact an ordinance governing private on-site wastewater treatment systems,
20as defined in s.
145.01 (12) 281.01 (10m), which conforms with the state plumbing
21code. The ordinance shall apply to the entire area of the governmental unit
22responsible for the regulation of private on-site wastewater treatment systems, as
23defined under s.
145.01 (5) 281.01 (4m). After July 1, 1980, no municipality may
24enact or enforce a private on-site wastewater treatment system ordinance unless it
1is a governmental unit responsible for the regulation of private on-site wastewater
2treatment systems, as defined under s.
145.01 (5)
281.01 (4m).
SB76-SA7,1g
3Section 1g. 59.70 (5) (b) of the statutes is amended to read:
SB76-SA7,4,74
59.70
(5) (b) The governmental unit responsible for the regulation of private
5on-site wastewater treatment systems, as defined under s.
145.01 (5) 281.01 (4m),
6shall administer the private on-site wastewater treatment system ordinance under
7s.
145.20 281.476 and the rules promulgated under s.
145.20 281.476.
SB76-SA7,1h
8Section 1h. 60.70 (5) of the statutes is amended to read:
SB76-SA7,4,109
60.70
(5) “Private on-site wastewater treatment system" has the meaning
10given under s.
145.01 (12) 281.01 (10m).
SB76-SA7,1i
11Section 1i. 60.77 (5) (bm) of the statutes is amended to read:
SB76-SA7,4,1612
60.77
(5) (bm) Require the inspection of private on-site wastewater treatment
13systems that have been already installed to determine compliance with the state
14plumbing code and may report violations of the state plumbing code to the
15governmental unit responsible for the regulation of private on-site wastewater
16treatment systems for enforcement under s.
145.20
281.476.
SB76-SA7,1j
17Section 1j. 60.77 (5) (j) of the statutes is amended to read:
SB76-SA7,4,1918
60.77
(5) (j) Administer the private on-site wastewater treatment system
19program if authorized under s.
145.20 281.476 (1) (am).
SB76-SA7,1k
20Section 1k. 67.12 (12) (a) of the statutes is amended to read:
SB76-SA7,5,621
67.12
(12) (a) Any municipality may issue promissory notes as evidence of
22indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not
23limited to paying any general and current municipal expense, and refunding any
24municipal obligations, including interest on them. Each note, plus interest if any,
25shall be repaid within 10 years after the original date of the note, except that notes
1issued under this section for purposes of ss. 119.498,
145.245 281.485 (12m), 281.58,
2281.59, 281.60, 281.61, and 292.72, issued to raise funds to pay a portion of the
3capital costs of a metropolitan sewerage district, or issued by a 1st class city or a
4county having a population of 500,000 or more, to pay unfunded prior service liability
5with respect to an employee retirement system, shall be repaid within 20 years after
6the original date of the note.
SB76-SA7,1L
7Section 1L. 101.02 (20) (a) of the statutes is amended to read:
SB76-SA7,5,148
101.02
(20) (a) For purposes of this subsection, “license" means a license,
9permit, or certificate of certification or registration issued by the department for an
10occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17,
11101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v),
12and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4),
13145.035,
145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m)
14or under rules promulgated under ch. 101 or 145.
SB76-SA7,1m
15Section 1m. 101.02 (21) (a) of the statutes is amended to read:
SB76-SA7,5,2216
101.02
(21) (a) In this subsection, “license" means a license, permit, or
17certificate of certification or registration issued by the department for an occupation
18or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2)
19or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2),
20101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035,
21145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under
22rules promulgated under ch. 101 or 145.
SB76-SA7,1n
23Section 1n. 101.02 (24) (a) 2. of the statutes is amended to read:
SB76-SA7,6,524
101.02
(24) (a) 2. “License" means a license, permit, or certificate of
25certification or registration issued by the department for an occupation or profession
1under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63
2(2) or (2m), 101.653, 101.654, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935,
3101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035,
145.045, 145.15,
4145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated
5under ch. 101 or 145.
SB76-SA7,1o
6Section 1o. 101.19 (1r) of the statutes is amended to read:
SB76-SA7,6,137
101.19
(1r) Notwithstanding subs. (1g) and (1m), the department shall waive
8any fee imposed on an individual who is eligible for the veterans fee waiver program
9under s. 45.44 for a license, permit, or certificate of certification or registration issued
10by the department under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178
11(2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2),
12101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035,
145.045, 13145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).
SB76-SA7,1p
14Section 1p. 101.862 (4) (p) of the statutes is amended to read:
SB76-SA7,6,1915
101.862
(4) (p) A person engaged in installing, repairing, or maintaining a
16private on-site wastewater treatment system, as defined in s.
145.01 (12) 281.01
17(10m), if the activity only involves installing or modifying a conductor going from the
18system's junction, pull, or device box to the nearest disconnecting point and the
19conductor is buried with the system.
SB76-SA7,1q
20Section 1q. 145.01 (4m) of the statutes is renumbered 281.01 (3m) and
21amended to read:
SB76-SA7,6,2422
281.01
(3m) Failing private on-site wastewater treatment system. “Failing
23private on-site wastewater treatment system" has the meaning specified under s.
24145.245 281.485 (4).
SB76-SA7,1r
1Section 1r. 145.01 (5) of the statutes is renumbered 281.01 (4m) and amended
2to read:
SB76-SA7,7,83
281.01
(4m) Governmental unit responsible for regulation of private
4on-site wastewater treatment systems. “Governmental unit responsible for the
5regulation of private on-site wastewater treatment systems"
or “
governmental
6unit", unless otherwise qualified, means the county
, except that in a county with a
7population of 750,000 or more
these terms mean
the term means the city, village
, or
8town
, where the private on-site wastewater treatment system is located.
SB76-SA7,1s
9Section 1s. 145.01 (10) (a) 2. of the statutes is amended to read:
SB76-SA7,7,1510
145.01
(10) (a) 2. The construction, connection, installation, service, or repair
11of any drain or wastewater piping system that connects to the mains or other
12terminal within the bounds of, or beneath an area subject to
, easement for highway
13purposes, including private on-site wastewater treatment systems
, as defined in s.
14281.01 (10m), and stormwater treatment and dispersal systems, and the alteration
15of any such systems, drains
, or wastewater piping.
SB76-SA7,1t
16Section 1t. 145.01 (12) of the statutes is renumbered 281.01 (10m) and
17amended to read:
SB76-SA7,8,218
281.01
(10m) Private on-site wastewater treatment system. “Private on-site
19wastewater treatment system" means a sewage treatment and disposal system
20serving a single structure with a septic tank and soil absorption field located on the
21same parcel as the structure. This term also means an alternative sewage system
22approved by the department including a substitute for the septic tank or soil
23absorption field, a holding tank, a system serving more than one structure
, or a
24system located on a different parcel than the structure. A private on-site wastewater
1treatment system may be owned by the property owner or by a special purpose
2district.
SB76-SA7,1u
3Section 1u. 145.02 (2) (b) of the statutes is amended to read:
SB76-SA7,8,114
145.02
(2) (b) The department shall promulgate rules that establish separate
5plumbing standards applicable only to camping units that are set in a fixed location
6in a campground for which a permit is issued under s.
254.47 97.67, that contain a
7sleeping place, and that are used for seasonal overnight camping.
If the department
8has appointed one or more committees under s. 227.13 to advise the department on
9rule making with respect to private on-site wastewater treatment systems or other
10plumbing systems, the department shall promulgate the rules required under this
11paragraph in consultation with those committees.
SB76-SA7,1v
12Section 1v. 145.045 of the statutes is renumbered 281.472, and 281.472 (1)
13and (3), as renumbered, are amended to read:
SB76-SA7,8,2214
281.472
(1) Powers and duties. The department shall by rule establish an
15examining program for the certification of soil testers, setting such standards as the
16department finds necessary to accomplish the purposes of this
chapter subchapter.
17Such The standards shall include formal written examinations for all applicants.
18The department shall charge applicants for the cost of examination and certification.
19After July 1, 1974, no person may construct soil bore holes or conduct soil percolation
20tests or other similar tests specified by the department that relate to private on-site
21wastewater treatment systems unless the person holds a valid certificate issued
22under this section.
SB76-SA7,9,2
23(3) Plumbers and septic Septic tank installers. A
plumber or septic tank
24installer may also be a soil tester and install any system after approval of the site or
1project by the department or the governmental unit responsible for the regulation
2of private on-site wastewater treatment systems.
SB76-SA7,1w
3Section 1w. 145.10 (1) (intro.), (a) and (am) of the statutes are amended to
4read:
SB76-SA7,9,125
145.10
(1) (intro.) The department may make investigations and conduct
6hearings and may, on its own or upon complaint in writing duly signed and verified
7by the complainant, and after providing not less than 10 days' notice to the licensee,
8suspend any master or journeyman plumber's license, cross-connection control
9tester's registration, utility contractor's license or temporary permit if it has reason
10to believe, and may revoke such license, registration
, or permit in the manner
11provided under this section if it finds, that the holder of such license, registration
, 12or permit has
done any of the following:
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.