LRB-1706/1
RJM:kmg:ijs
1999 - 2000 LEGISLATURE
March 25, 1999 - Introduced by
Joint committee for review of Administrative
Rules. Referred to Committee on Agriculture, Environmental Resources and
Campaign Finance Reform.
SB102,1,2
1An Act to create 145.02 (5) of the statutes;
relating to: the use of private sewage
2systems when a public sewer is available.
Analysis by the Legislative Reference Bureau
Current law authorizes the department of commerce (department) to
promulgate rules ensuring safe and sanitary plumbing in all buildings. Current
department rules both prohibit the use of private sewage systems when an approved
public sewer is available and require owners of private sewage systems to connect
to a public sewer when a public sewer becomes available.
This bill prohibits the department from promulgating or enforcing any rule that
requires owners of private sewage systems to discontinue use of the private systems
and connect to a public sewer because a public sewer becomes available.
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the joint committee for review of administrative rules in suspending a
portion of section Comm 83.03 (2), Wis. Adm. Code, a department rule, on December
8, 1998. The suspended portion of the rule required owners of private sewage
systems to connect to a public sewer and discontinue use of the private sewage
systems when a public sewer becomes available.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB102, s. 1
3Section
1. 145.02 (5) of the statutes is created to read:
SB102,2,4
1145.02
(5) Notwithstanding subs. (2) and (3), the department may not
2promulgate or enforce a rule that requires the owner of a private sewage system to
3discontinue use of the private sewage system and connect to a public sewer because
4a public sewer becomes available.