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-SA7,1,11 At the locations indicated, amend the bill as follows:
SB76-SA7,1,2 21. Page 1, line 4: delete “and".
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-SA7,1,7 73. Page 2, line 1: before that line insert:
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
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.
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).
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