SB45,1024,11 8139.805 Agreements with Indian tribes. The department may enter into
9agreements with Indian tribes to provide for the refunding of the tobacco products
10tax imposed under s. 139.76 (1) on tobacco products sold on reservations to enrolled
11members of the tribe residing on the tribal reservation.
SB45, s. 2180 12Section 2180. 139.82 (7) of the statutes is created to read:
SB45,1024,1413 139.82 (7) The department may inspect the business records of any retailer
14doing business on a reservation or on an Indian tribe's trust land.
SB45, s. 2181 15Section 2181. 139.82 (8) of the statutes is created to read:
SB45,1024,1816 139.82 (8) Each distributor shall collect and remit the excise tax imposed by
17s. 139.76 (1) on tobacco products not exempt from the tobacco products tax under s.
18139.76 (2), with the reports required to be filed under this section.
SB45, s. 2182 19Section 2182. 139.85 (1) of the statutes is amended to read:
SB45,1024,2320 139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12)
21apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall be fined
22not less than $1,000 nor more than $5,000 or imprisoned for not less than 90 days
23nor more than one year or both.
SB45, s. 2183 24Section 2183. 145.01 (4m) of the statutes is amended to read:
SB45,1025,2
1145.01 (4m) Failing private small sewage system. "Failing private small
2sewage system" has the meaning specified under s. 145.245 (4).
SB45, s. 2184 3Section 2184. 145.01 (5) of the statutes is amended to read:
SB45,1025,84 145.01 (5) Governmental unit responsible for regulation of private small
5sewage systems.
"Governmental unit responsible for the regulation of private small
6sewage systems" or "governmental unit", unless otherwise qualified, means the
7county except that in a county with a population of 500,000 or more these terms mean
8the city, village or town where the private small sewage system is located.
SB45, s. 2185 9Section 2185. 145.01 (10) (b) of the statutes is amended to read:
SB45,1025,1410 145.01 (10) (b) The construction, connection or installation of any drain or
11waste piping system from the outside or proposed outside foundation walls of any
12building to the mains or other sewage system terminal within bounds of, or beneath
13an area subject to easement for highway purposes, including private small sewage
14systems, and the alteration of any such systems, drains or waste piping.
SB45, s. 2186 15Section 2186. 145.01 (12) of the statutes is repealed.
SB45, s. 2187 16Section 2187. 145.01 (14m) of the statutes is created to read:
SB45,1025,1817 145.01 (14m) Small sewage system. "Small sewage system" means one of the
18following:
SB45,1025,2019 (a) Any holding tank that is connected to a building, drain or waste piping
20system.
SB45,1025,2321 (b) Any wastewater treatment and disposal system with a final point of
22discharge that is below the surface of the ground and with an estimated design flow
23that does not exceed the maximum design flow specified under s. 145.02 (4) (c).
SB45, s. 2188 24Section 2188. 145.02 (4) (c) of the statutes is created to read:
SB45,1026,3
1145.02 (4) (c) The department, in cooperation with the department of natural
2resources, shall promulgate rules specifying the maximum design flow for small
3sewage systems with a final point of discharge that is below the surface of the ground.
SB45, s. 2189 4Section 2189. 145.04 (3) of the statutes is repealed.
SB45, s. 2190 5Section 2190. 145.045 (3) of the statutes is repealed.
SB45, s. 2191 6Section 2191. 145.10 of the statutes is repealed and recreated to read:
SB45,1026,10 7145.10 Denials, suspensions and revocations. The department shall
8promulgate rules for the denial, suspension and revocation of master or journeyman
9plumber licenses, cross-connection control tester registrations and utility contractor
10licenses or temporary permits.
SB45, s. 2192 11Section 2192. 145.135 of the statutes is repealed.
SB45, s. 2193 12Section 2193. 145.19 of the statutes is repealed and recreated to read:
SB45,1026,16 13145.19 Sanitary permits. (1) Definitions. In this section, "sanitary permit"
14means a permit issued by the department or any governmental unit responsible for
15the regulation of private sewage systems that authorizes the installation of a private
16sewage system.
SB45,1026,23 17(2) Validity. (a) No person may install a private sewage system unless the
18owner of the property on which the private sewage system is to be installed holds a
19valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue,
20notwithstanding any change in the state plumbing code or in any private sewage
21system ordinance during that period, and is renewable for 2-year periods. A renewal
22of a sanitary permit is governed by the rules in effect at the time the renewal is
23sought.
SB45,1027,3
1(b) A holder of a sanitary permit may transfer the sanitary permit to a
2subsequent owner of the land, except that the subsequent owner shall obtain a new
3copy of the sanitary permit from the issuing agent.
SB45,1027,5 4(3) Notice. A sanitary permit shall include a notice displayed conspicuously
5and separately on the permit form to inform the permit holder that:
SB45,1027,76 (a) The purpose of the sanitary permit is to allow installation of the private
7sewage system described in the permit.
SB45,1027,98 (b) The approval of the sanitary permit is based on rules in force on the date
9of approval.
SB45,1027,1010 (c) The sanitary permit is valid and may be renewed for a 2-year period.
SB45,1027,1211 (d) Changed rules will not impair the validity of a sanitary permit, but they may
12impede renewal.
SB45,1027,1313 (e) The sanitary permit is transferable.
SB45,1027,17 14(4) Information on sanitary permits; forms. (a) The department shall
15prescribe the information to be included on the sanitary permit and shall furnish
16sanitary permit forms to the governmental unit responsible for the regulation of
17private sewage systems.
SB45,1027,2318 (b) The applicant for a sanitary permit shall submit a completed sanitary
19permit application to the governmental unit responsible for the regulation of private
20sewage systems or the department. The governmental unit responsible for the
21regulation of private sewage systems or the department, whichever is appropriate,
22shall approve or disapprove the sanitary permit application according to the rules
23promulgated by the department under ss. 145.02 and 145.13.
SB45,1028,3 24(5) Fee. No fee for a sanitary permit may be less than $61, or the amount
25determined under department rule. The governing body for the governmental unit

1responsible for the regulation of private sewage systems may establish a fee for a
2sanitary permit which is more than $61, or the amount determined under
3department rule.
SB45,1028,7 4(6) Copy of permit forwarded to the department. The governmental unit
5responsible for the regulation of private sewage systems shall forward a copy of each
6valid sanitary permit and $20, or the amount determined under department rule, of
7the fee to the department within 90 days after the permit is issued.
SB45,1028,10 8(7) Use of fee. The governmental unit responsible for the regulation of private
9sewage systems shall use the portion of the fee it retains for the administration of
10private sewage system programs.
SB45,1028,12 11(8) Fee adjustment. The department may by rule adjust the minimum permit
12fee under sub. (5) and the fee portion forwarded under sub. (6).
SB45,1028,18 13(9) Groundwater fee. In addition to the fee under sub. (5), the governmental
14unit responsible for the regulation of private sewage systems or the department shall
15collect a groundwater fee of $25 for each sanitary permit. The governmental unit
16shall forward this fee to the department together with the copy of the sanitary permit
17and the fee under sub. (6). The moneys collected under this subsection shall be
18credited to the environmental fund for environmental management.
SB45, s. 2194 19Section 2194. 145.19 (1), (2) (a), (3) (a), (4) to (7) and (9) of the statutes, as
20affected by 1999 Wisconsin Act .... (this act), are amended to read:
SB45,1028,2421 145.19 (1) Definitions. In this section, "sanitary permit" means a permit
22issued by the department or any governmental unit responsible for the regulation
23of private small sewage systems that authorizes the installation of a private small
24sewage system.
SB45,1029,7
1(2) (a) No person may install a private small sewage system unless the owner
2of the property on which the private small sewage system is to be installed holds a
3valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue,
4notwithstanding any change in the state plumbing code or in any private small
5sewage system ordinance during that period, and is renewable for 2-year periods.
6A renewal of a sanitary permit is governed by the rules in effect at the time the
7renewal is sought.
SB45,1029,9 8(3) (a) The purpose of the sanitary permit is to allow installation of the private
9small sewage system described in the permit.
SB45,1029,13 10(4) Information on sanitary permits; forms. (a) The department shall
11prescribe the information to be included on the sanitary permit and shall furnish
12sanitary permit forms to the governmental unit responsible for the regulation of
13private small sewage systems.
SB45,1029,1914 (b) The applicant for a sanitary permit shall submit a completed sanitary
15permit application to the governmental unit responsible for the regulation of private
16small sewage systems or the department. The governmental unit responsible for the
17regulation of private small sewage systems or the department, whichever is
18appropriate, shall approve or disapprove the sanitary permit application according
19to the rules promulgated by the department under ss. 145.02 and 145.13.
SB45,1029,24 20(5) Fee. No fee for a sanitary permit may be less than $61, or the amount
21determined under department rule. The governing body for the governmental unit
22responsible for the regulation of private small sewage systems may establish a fee
23for a sanitary permit which is more than $61, or the amount determined under
24department rule.
SB45,1030,4
1(6) Copy of permit forwarded to the department. The governmental unit
2responsible for the regulation of private small sewage systems shall forward a copy
3of each valid sanitary permit and $20, or the amount determined under department
4rule, of the fee to the department within 90 days after the permit is issued.
SB45,1030,7 5(7) Use of fee. The governmental unit responsible for the regulation of private
6small sewage systems shall use the portion of the fee it retains for the administration
7of private small sewage system programs.
SB45,1030,14 8(9) Groundwater fee. In addition to the fee under sub. (5), the governmental
9unit responsible for the regulation of private small sewage systems or the
10department shall collect a groundwater fee of $25 for each sanitary permit. The
11governmental unit shall forward this fee to the department together with the copy
12of the sanitary permit and the fee under sub. (6). The moneys collected under this
13subsection shall be credited to the environmental fund for environmental
14management.
SB45, s. 2195 15Section 2195. 145.20 (title) of the statutes is amended to read:
SB45,1030,16 16145.20 (title) Private Small sewage systems.
SB45, s. 2196 17Section 2196. 145.20 (1) of the statutes is amended to read:
SB45,1030,2218 145.20 (1) Organization and personnel. (a) The governing body of the
19governmental unit responsible for the regulation of private small sewage systems
20may assign the duties of administering the private small sewage system program to
21any office, department, committee, board, commission, position or employe of that
22governmental unit.
SB45,1031,423 (am) The governing body of the governmental unit responsible for the
24regulation of private small sewage systems may delegate the duties of administering
25the private small sewage system program to a town sanitary district or public inland

1lake protection and rehabilitation district with the powers of a town sanitary district
2within the town sanitary district or public inland lake protection and rehabilitation
3district if the town sanitary district or public inland lake protection and
4rehabilitation district agrees to assume those duties.
SB45,1031,75 (b) The governmental unit responsible for the regulation of private small
6sewage systems shall obtain the services of a certified soil tester, either as an employe
7or under contract, to review and verify certified soil tester reports under sub. (2).
SB45, s. 2197 8Section 2197. 145.20 (1) (ar) of the statutes is created to read:
SB45,1031,139 145.20 (1) (ar) The governmental unit responsible for the regulation of private
10sewage systems may, with the department's consent, delegate the administration of
11any of the responsibilities under sub. (2) to the department. If the department
12consents to the delegation, it may contract for the administration of the delegated
13responsibilities.
SB45, s. 2198 14Section 2198. 145.20 (1) (ar) of the statutes, as created by 1999 Wisconsin Act
15.... (this act), is amended to read:
SB45,1031,2016 145.20 (1) (ar) The governmental unit responsible for the regulation of private
17small sewage systems may, with the department's consent, delegate the
18administration of any of the responsibilities under sub. (2) to the department. If the
19department consents to the delegation, it may contract for the administration of the
20delegated responsibilities.
SB45, s. 2199 21Section 2199. 145.20 (2) (intro.) of the statutes is amended to read:
SB45,1031,2422 145.20 (2) Governmental unit responsibilities. (intro.) The Except as
23provided under sub. (1) (am) and (ar), the
governmental unit responsible for the
24regulation of private sewage systems shall:
SB45, s. 2200
1Section 2200 . 145.20 (2) (intro.) of the statutes, as affected by 1999 Wisconsin
2Act .... (this act), is amended to read:
SB45,1032,53 145.20 (2) Governmental unit responsibilities. (intro.) Except as provided
4under sub. (1) (am) and (ar), the governmental unit responsible for the regulation of
5private small sewage systems shall:
SB45, s. 2201 6Section 2201. 145.20 (2) (a) of the statutes is amended to read:
SB45,1032,87 145.20 (2) (a) Review certified soil tester reports for proposed private small
8sewage systems and verify the report at the proposed site, if necessary.
SB45, s. 2202 9Section 2202. 145.20 (2) (am) of the statutes is created to read:
SB45,1032,1410 145.20 (2) (am) Retain the results of any percolation test or other test relating
11to the disposal of liquid domestic wastes into the soil, make the test results available
12to an applicant for a sanitary permit and accept the test results as the basis for a
13sanitary permit application, unless the soil at the test site is altered to the extent that
14a new soil test is necessary.
SB45, s. 2203 15Section 2203. 145.20 (2) (b) of the statutes is amended to read:
SB45,1032,1816 145.20 (2) (b) Approve or disapprove applications for sanitary permits and
17assist
Assist applicants in preparing an approvable application sanitary permit
18applications
.
SB45, s. 2204 19Section 2204. 145.20 (2) (d) to (h) of the statutes are amended to read:
SB45,1032,2220 145.20 (2) (d) Inspect all private small sewage systems after construction but
21before backfilling no later than the end of the next workday, excluding Saturdays,
22Sundays and holidays, after receiving notice from the plumber in charge.
SB45,1032,2523 (e) File reports and conduct surveys and inspections as required by the
24governmental unit responsible for the regulation of private small sewage systems or
25the department.
SB45,1033,3
1(f) Investigate violations of the private small sewage system ordinance and s.
2254.59 (2), issue orders to abate the violations and submit orders to the district
3attorney, corporation counsel or attorney general for enforcement.
SB45,1033,64 (g) Perform other duties regarding private small sewage systems as considered
5appropriate by the governmental unit responsible for the regulation of private small
6sewage systems or as required by the rules of the department.
SB45,1033,117 (h) Inspect existing private small sewage systems to determine compliance
8with s. 66.036 if a building or structure is being constructed which requires
9connection to an existing private small sewage system. The county is not required
10to conduct an on-site inspection if a building or structure is being constructed which
11does not require connection to an existing private small sewage system.
SB45, s. 2205 12Section 2205. 145.20 (3) (a) and (b) of the statutes are amended to read:
SB45,1033,1613 145.20 (3) (a) 1. The department may specify categories of private small sewage
14systems for which approval by the department is required prior to issuance of
15sanitary permits by the governmental unit responsible for the regulation of private
16small sewage systems.
SB45,1034,617 2. The department may exempt a governmental unit from any category of
18private small sewage systems for which departmental approval is required prior to
19sanitary permit issuance under subd. 1., upon a determination, in accordance with
20rules promulgated by the department, that past performance of the governmental
21unit on reviews and audits under par. (b) has been satisfactory and that the
22governmental unit has the capacity to give the same level of application and plan
23review as that provided by the department. The department may revoke an
24exemption upon a finding that performance of the governmental unit on a review or
25audit conducted subsequent to the granting of the exemption is unsatisfactory or

1that the governmental unit is not giving the same level of application and plan
2review as that provided by the department. Findings in a revocation action may be
3made only after a public hearing upon 30 days' advance notice to the clerk of the
4governmental unit. The department shall submit a report under s. 13.172 (2) to the
5chief clerk of each house of the legislature, at the beginning of each legislative
6session, describing the exemptions under this subdivision.
SB45,1034,117 (b) The department shall review the private small sewage system program in
8each governmental unit responsible for the regulation of private small sewage
9systems to ascertain compliance with sub. (2) and with regulations issued by the
10department. This review shall include a random audit of sanitary permits, including
11verification by on-site inspection.
SB45, s. 2206 12Section 2206. 145.20 (3) (c) of the statutes is amended to read:
SB45,1034,2413 145.20 (3) (c) If the governing body for a governmental unit responsible for the
14regulation of private sewage systems does not adopt a private sewage system
15ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does
16not appoint personnel meeting the requirements of sub. (1) or if the governmental
17unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department
18may conduct hearings in the county seat upon 30 days' notice to the county clerk.
19As soon as practicable after the public hearing, the department shall issue a written
20decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the
21department determines that there is a violation of these provisions, the
22governmental unit may not issue a sanitary permit for the installation of a private
23sewage system until the violation is corrected
department may issue an order
24directing the governmental unit to remedy the violation
.
SB45, s. 2207
1Section 2207 . 145.20 (3) (c) of the statutes, as affected by 1999 Wisconsin Act
2.... (this act), is amended to read:
SB45,1035,133 145.20 (3) (c) If the governing body for a governmental unit responsible for the
4regulation of private small sewage systems does not adopt a private small sewage
5system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit
6does not appoint personnel meeting the requirements of sub. (1) or if the
7governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3),
8the department may conduct hearings in the county seat upon 30 days' notice to the
9county clerk. As soon as practicable after the public hearing, the department shall
10issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub.
11(1) or (2). If the department determines that there is a violation of these provisions,
12the department may issue an order directing the governmental unit to remedy the
13violation.
SB45, s. 2208 14Section 2208. 145.20 (4) of the statutes is amended to read:
SB45,1035,1915 145.20 (4) Special assessment for holding and septic tank pumping. A
16governmental unit may assess the owner of a private small sewage system for costs
17related to the pumping of a septic or holding tank. The governmental unit shall make
18any assessment in the same manner that a city, village or town makes an assessment
19under s. 66.60.
SB45, s. 2209 20Section 2209. 145.24 of the statutes is amended to read:
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