Amendment SA7-SB76

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-SA7,1,1 At the locations indicated, amend the bill as follows:

SB76-SA7,1,2 1. Page 1, line 4: delete “and".

SB76-SA7,1,6 2. Page 1, line 5: after “wells" insert “, transferring duties related to private on-site wastewater treatment systems from the Department of Safety and Professional Services to the Department of Natural Resources, and granting rule-making authority".

SB76-SA7,1,7 3. Page 2, line 1: before that line insert:

SB76-SA7,1,9 “ Section 1b. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB76-SA7,1bg Section 1bg. 20.370 (2) (fd) of the statutes is created to read:

SB76-SA7,2,4 20.370 (2) (fd) Private on-site wastewater treatment systems. Annually, the amounts in the schedule for administering provisions relating to private on-site wastewater treatment systems under ss. 281.472 to 281.476 and 281.483.

SB76-SA7,1bm Section 1bm. 20.370 (2) (fh) of the statutes is created to read:

SB76-SA7,2,9 20.370 (2) (fh) Private on-site wastewater treatment systems - moneys received. All monies received under ss. 281.472 to 281.476 and 281.483, except s. 281.474 (6), for administering provisions relating to private on-site wastewater treatment systems under ss. 281.472 to 281.476 and 281.483.

SB76-SA7,1br Section 1br. 20.165 (2) (j) of the statutes is amended to read:

SB76-SA7,2,18 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and (2m), and 236.335 and for the purpose of transferring the amounts in the schedule under par. (ke) to the appropriation account under par. (ke). All moneys received under ch. 145, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation account.

SB76-SA7,1c Section 1c. 20.165 (2) (ke) of the statutes is renumbered 20.370 (6) (gd) and amended to read:

SB76-SA7,3,7 20.370 (6) (gd) Private on-site wastewater treatment system replacement and rehabilitation. As a continuing appropriation, the amounts in the schedule for financial assistance under the private on-site wastewater treatment system replacement and rehabilitation program under s. 145.245 281.485. All moneys transferred from par. s. 20.165 (2) (j) shall be credited to this appropriation account.

SB76-SA7,1d Section 1d. 20.320 (3) (q) of the statutes is amended to read:

SB76-SA7,3,12 20.320 (3) (q) Private on-site wastewater treatment system loans. From the environmental improvement fund, as a continuing appropriation, the amounts in the schedule for private on-site wastewater treatment system replacement or rehabilitation loans under s. 145.245 281.485 (12m).

SB76-SA7,1e Section 1e. 25.46 (5c) of the statutes is amended to read:

SB76-SA7,3,15 25.46 (5c) The moneys collected under s. 145.19 281.474 (6) for environmental management.

SB76-SA7,1f Section 1f. 59.70 (5) (a) of the statutes is amended to read:

SB76-SA7,4,2 59.70 (5) (a) Every governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 (5) 281.01 (4m), shall enact an ordinance governing private on-site wastewater treatment systems, as defined in s. 145.01 (12) 281.01 (10m), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 (5) 281.01 (4m). After July 1, 1980, no municipality may enact or enforce a private on-site wastewater treatment system ordinance unless it is a governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 (5) 281.01 (4m).

SB76-SA7,1g Section 1g. 59.70 (5) (b) of the statutes is amended to read:

SB76-SA7,4,7 59.70 (5) (b) The governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 (5) 281.01 (4m), shall administer the private on-site wastewater treatment system ordinance under s. 145.20 281.476 and the rules promulgated under s. 145.20 281.476.

SB76-SA7,1h Section 1h. 60.70 (5) of the statutes is amended to read:

SB76-SA7,4,10 60.70 (5) “Private on-site wastewater treatment system" has the meaning given under s. 145.01 (12) 281.01 (10m).

SB76-SA7,1i Section 1i. 60.77 (5) (bm) of the statutes is amended to read:

SB76-SA7,4,16 60.77 (5) (bm) Require the inspection of private on-site wastewater treatment systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private on-site wastewater treatment systems for enforcement under s. 145.20 281.476.

SB76-SA7,1j Section 1j. 60.77 (5) (j) of the statutes is amended to read:

SB76-SA7,4,19 60.77 (5) (j) Administer the private on-site wastewater treatment system program if authorized under s. 145.20 281.476 (1) (am).

SB76-SA7,1k Section 1k. 67.12 (12) (a) of the statutes is amended to read:

SB76-SA7,5,6 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 119.498, 145.245 281.485 (12m), 281.58, 281.59, 281.60, 281.61, and 292.72, issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 500,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.

SB76-SA7,1L Section 1L. 101.02 (20) (a) of the statutes is amended to read:

SB76-SA7,5,14 101.02 (20) (a) For purposes of this subsection, “license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

SB76-SA7,1m Section 1m. 101.02 (21) (a) of the statutes is amended to read:

SB76-SA7,5,22 101.02 (21) (a) In this subsection, “license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

SB76-SA7,1n Section 1n. 101.02 (24) (a) 2. of the statutes is amended to read:

SB76-SA7,6,5 101.02 (24) (a) 2. “License" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

SB76-SA7,1o Section 1o. 101.19 (1r) of the statutes is amended to read:

SB76-SA7,6,13 101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

SB76-SA7,1p Section 1p. 101.862 (4) (p) of the statutes is amended to read:

SB76-SA7,6,19 101.862 (4) (p) A person engaged in installing, repairing, or maintaining a private on-site wastewater treatment system, as defined in s. 145.01 (12) 281.01 (10m), if the activity only involves installing or modifying a conductor going from the system's junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the system.

SB76-SA7,1q Section 1q. 145.01 (4m) of the statutes is renumbered 281.01 (3m) and amended to read:

SB76-SA7,6,24 281.01 (3m) Failing private on-site wastewater treatment system. “Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 281.485 (4).

SB76-SA7,1r Section 1r. 145.01 (5) of the statutes is renumbered 281.01 (4m) and amended to read:

SB76-SA7,7,8 281.01 (4m) Governmental unit responsible for regulation of private on-site wastewater treatment systems. “Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or “ governmental unit", unless otherwise qualified, means the county, except that in a county with a population of 750,000 or more these terms mean the term means the city, village, or town, where the private on-site wastewater treatment system is located.

SB76-SA7,1s Section 1s. 145.01 (10) (a) 2. of the statutes is amended to read:

SB76-SA7,7,15 145.01 (10) (a) 2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to, easement for highway purposes, including private on-site wastewater treatment systems , as defined in s. 281.01 (10m), and stormwater treatment and dispersal systems, and the alteration of any such systems, drains, or wastewater piping.

SB76-SA7,1t Section 1t. 145.01 (12) of the statutes is renumbered 281.01 (10m) and amended to read:

SB76-SA7,8,2 281.01 (10m) Private on-site wastewater treatment system. “Private on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

SB76-SA7,1u Section 1u. 145.02 (2) (b) of the statutes is amended to read:

SB76-SA7,8,11 145.02 (2) (b) The department shall promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on-site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.

SB76-SA7,1v Section 1v. 145.045 of the statutes is renumbered 281.472, and 281.472 (1) and (3), as renumbered, are amended to read:

SB76-SA7,8,22 281.472 (1) Powers and duties. The department shall by rule establish an examining program for the certification of soil testers, setting such standards as the department finds necessary to accomplish the purposes of this chapter subchapter. Such The standards shall include formal written examinations for all applicants. The department shall charge applicants for the cost of examination and certification. After July 1, 1974, no person may construct soil bore holes or conduct soil percolation tests or other similar tests specified by the department that relate to private on-site wastewater treatment systems unless the person holds a valid certificate issued under this section.

SB76-SA7,9,2 (3) Plumbers and septic Septic tank installers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB76-SA7,1w Section 1w. 145.10 (1) (intro.), (a) and (am) of the statutes are amended to read:

SB76-SA7,9,12 145.10 (1) (intro.) The department may make investigations and conduct hearings and may, on its own or upon complaint in writing duly signed and verified by the complainant, and after providing not less than 10 days' notice to the licensee, suspend any master or journeyman plumber's license, cross-connection control tester's registration, utility contractor's license or temporary permit if it has reason to believe, and may revoke such license, registration, or permit in the manner provided under this section if it finds, that the holder of such license, registration, or permit has done any of the following:

SB76-SA7,9,14 (a) Made a material misstatement in the application for a license or registration or renewal thereof or for a temporary permit;.

SB76-SA7,9,16 (am) Committed gross negligence or misconduct or is incompetent in the practice covered by the person's license, registration or permit ;.

SB76-SA7,1x Section 1x. 145.10 (1) (b) of the statutes is amended to read:

SB76-SA7,9,20 145.10 (1) (b) Failed to correct an installation for which he or she is responsible, at his or her own expense, within 30 days following notification by the department of a violation of any rule adopted under this chapter; or.

SB76-SA7,1y Section 1y. 145.10 (1) (c) of the statutes is repealed.

SB76-SA7,1z Section 1z. 145.12 (4) of the statutes is amended to read:

SB76-SA7,9,25 145.12 (4) Any person who violates any order under s. 145.02 (3) (f) or 145.20 (2) (f) or any rule or standard adopted under s. 145.13 shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of an order under s. 145.02 (3) (f) or 145.20 (2) (f) or a rule or standard under s. 145.13 constitutes a separate offense and each day of continued violation is a separate offense.

SB76-SA7,1za Section 1za. 145.12 (5) (a) of the statutes is amended to read:

SB76-SA7,10,7 145.12 (5) (a) In lieu of any other penalty under this section, the department may directly assess a forfeiture by issuing an order against any person who violates s. 145.06 or 145.20 (6). The department may not assess a forfeiture exceeding $2,000 for each violation.

SB76-SA7,1zb Section 1zb. 145.14 (2) (a) of the statutes is amended to read:

SB76-SA7,10,15 145.14 (2) (a) Systems or services. Persons classified under this paragraph may install septic tanks for private on-site wastewater treatment systems, may install drain fields designed to serve such septic tanks, and may install sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building. Such persons may also install water services, stormwater use systems, and reclaimed water systems if the services or systems are to be located outside the foundation wall of the building.

SB76-SA7,1zc Section 1zc. 145.19 of the statutes is renumbered 281.474, and 281.474 (1m), (1r), (2) and (3), as renumbered, are amended to read:

SB76-SA7,10,23 281.474 (1m) Application process. The department shall prescribe the information to be included in an application for a sanitary permit. The applicant shall submit the completed application for a sanitary permit to the governmental unit responsible for the regulation of private on-site wastewater treatment systems. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department under this chapter subchapter.

SB76-SA7,11,5 (1r) Test results. The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit responsible for the regulation of private on-site wastewater treatment systems where the property is located. The governmental unit shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.

SB76-SA7,11,12 (2) Fee. No fee for a sanitary permit may be less than the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which that is more than the amount determined under department rule. A governmental unit responsible for the regulation of private on-site wastewater treatment systems may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.

SB76-SA7,11,20 (3) Fees and records of permits forwarded to the department. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department within 90 days after each valid sanitary permit is issued a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the sanitary permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule.

SB76-SA7,1zd Section 1zd. 145.195 of the statutes is renumbered 281.475.

SB76-SA7,1ze Section 1ze. 145.20 of the statutes is renumbered 281.476, and 281.476 (2) (d) and (h), (3) (a) 2., (c) and (d), (4), (5) (a), (am), (b) and (c) and (6) (a) (intro.) and 1., as renumbered, are amended to read:

SB76-SA7,12,4 281.476 (2) (d) Inspect all private on-site wastewater treatment systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays, and holidays, after receiving notice from the plumber person licensed under s. 281.473 that is in charge of the installation.

SB76-SA7,12,12 (h) Inspect existing private on-site wastewater treatment systems to determine compliance with s. 145.195 281.475 if a building or structure is being constructed which that requires connection to an existing private on-site wastewater treatment system. The county governmental unit responsible for the regulation of private on-site wastewater treatment systems is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.

SB76-SA7,13,3 (3) (a) 2. The department may exempt a governmental unit responsible for the regulation of private on-site wastewater treatment systems from any category of private on-site wastewater treatment systems for which departmental approval is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department shall submit a report under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

SB76-SA7,13,15 (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 281.474 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 281.474 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

SB76-SA7,13,23 (d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 subchapter and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private on-site wastewater treatment system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

SB76-SA7,14,4 (4) Special assessment for holding and septic tank pumping. A governmental unit responsible for the regulation of private on-site wastewater treatment systems may assess the owner of a private on-site wastewater treatment system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village, or town makes an assessment under s. 66.0703.

SB76-SA7,14,18 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum, the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 281.485 (9).