AB449: Bill Text

AB449, s. 6 Section 6. 30.202 (3) of the statutes is amended to read:

AB449,6,7 30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

Note: Section 30.202 relates to dredge disposal in and near the Mississippi, St. Croix, and Black Rivers by the U.S. corps of engineers. The statute authorizes DNR to enter into a memorandum of understanding with the U.S. corps of engineers regarding dredge spoil disposal. The memorandum of understanding must relate to sites where dredge spoils may be deposited and standards and conditions for using an approved site. Dredge spoil activities pursuant to a memorandum of understanding are exempt from any license, permit, or other requirement under environmental statutes. An exception is provided for septage disposal site approval. This exception serves no purpose, because dredge spoil disposal does not involve septage disposal, and the exception is therefore eliminated. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

AB449, s. 7 Section 7. 30.2022 (1) of the statutes is amended to read:

AB449,7,3 30.2022 (1) Activities affecting waters of the state, as defined in s. 281.01 (18), that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state.

Note: Section 30.2022, stats., sets forth procedures for department of transportation (DOT) activities related to highway, bridge, and other transportation project design that affects navigable waters. The statute provides that such DOT activities are not subject to permit or approval requirements under environmental statutes. The regulation of septage disposal is not any different in concept from the other cited environmental statutes, and the exception is therefore eliminated. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

AB449, s. 8 Section 8. 66.0821 (5) (c), (d) and (e) of the statutes are created to read:

AB449,7,9 66.0821 (5) (c) For purposes of this subsection, "user" of a service includes a licensed disposer, as defined in s. 281.49 (1) (b), who disposes of septage at a municipal sewage system under a disposal plan under s. 281.49 (5) and initiates under s. 281.49 (11) (d) a review under par. (a) of a disputed septage disposal fee by the public service commission.

AB449,7,12 (d) If the public service commission determines in a proceeding under par. (a) that a septage disposal fee is unreasonable, the commission shall determine and fix under par. (a) a reasonable fee that conforms with s. 281.49 (5) (c) 4.

AB449,7,15 (e) Notwithstanding par. (a), the public service commission shall bill under s. 196.85 (1) any expense of the commission attributable to a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as follows:

AB449,8,2 1. If the commission determines in the proceeding that one or more septage disposal fees are unreasonable and determines and fixes by order reasonable septage disposal fees that, when combined with any other applicable septage disposal fees, total an amount that is at least 15 percent lower than the total amount of septage disposal fees established by the municipal sewage system for the quantity and type of septage specified in s. 281.49 (11) (b), the municipal sewage system that is a party to the dispute shall pay the entire amount of the assessment.

AB449,8,9 2. If the commission determines in the proceeding that one or more of the septage disposal fees are unreasonable and determines and fixes by order reasonable fees that, when combined with any other applicable septage disposal fees, total an amount that is not at least 15 percent lower than the total amount of septage disposal fees established by the municipal sewage system for the quantity and type of septage specified in s. 281.49 (11) (b), the licensed disposer that is a party to the dispute shall pay the entire amount of the assessment.

AB449,8,12 3. If the commission determines in the proceeding that the septage disposal fees are reasonable, the licensed disposer that is a party to the dispute shall pay the entire amount of the assessment.

AB449,8,17 4. If the commission terminates the proceeding before making a final determination on the reasonableness of the septage disposal fees, the municipal sewage system and the licensed disposer that are parties to the dispute shall each pay 50 percent of the assessment, unless the municipal sewage system and the licensed disposer agree to a different allocation of the assessment.

Note: Under existing s. 66.0821 (5), a "user of a service" of a municipal sewer system may file a complaint with the PSC that the rates, rules, and practices of the system are unreasonable or unjustly discriminatory. This statute applies to municipal sewer systems that are a municipal utility or a metropolitan sewerage district other than the Milwaukee metropolitan sewerage district (MMSD).

This provision establishes that the complaint process in s. 66.0821 (5) also applies to the rates for the disposal of septage by a licensed disposer at a municipal sewage system subject to sub. (5) if the licensed disposer has first sought review of the disputed rate by the municipal sewage system and by the PSC staff under the process specified in the bill.

This provision specifies the allocation of the PSC's expenses under the formal complaint process. This allocation policy is intended to encourage settlement of a dispute over a septage disposal fee prior to the dispute reaching the PSC.

AB449, s. 9 Section 9. 70.375 (4) (o) of the statutes is amended to read:

AB449,9,7 70.375 (4) (o) Actual and necessary reclamation and restoration costs associated with a mine in this state, including payments for future reclamation and postmining costs which are required by law or by department of natural resources order and fees and charges under chs. 281, 285 or 289 to 299, except s. 281.48, not otherwise deductible under this section. Any refunds of escrowed or reserve fund payments allowed as a deduction under this paragraph shall be taxed as net proceeds at the average effective tax rate for the years the deduction was taken.

Note: Section 70.375, stats., relates to the net proceeds occupation tax on mining of metallic minerals. The statute lists deductions that are allowable to a mining company in calculating the net proceeds of the mining operation. Section 70.375 (4) (o), stats., allows deduction for reclamation and restoration costs that are required under any of the environmental statutes. If septage disposal is part of the costs of reclamation or restoration of a metallic mine, there is no reason why those costs should not be deductible in the same manner as any other costs required under environmental statutes, and the exception for septage disposal is therefore deleted. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

AB449, s. 10 Section 10. 94.73 (2) (bg) 2. and (d) of the statutes are amended to read:

AB449,9,12 94.73 (2) (bg) 2. Containment, removal, treatment or monitoring of environmental contamination caused by the discharge if the containment, removal, treatment or monitoring complies with chs. 281 to 285 and 289 to 299 , except s. 281.48.

AB449,9,16 (d) Soil or water removed from a discharge site as part of a corrective action may only be spread on land if that spreading on land is in compliance with chs. 281 to 285 and 289 to 299, except s. 281.48, and if the department has given its written authorization.

Note: Section 94.73 establishes the agricultural chemical cleanup program. The statute includes provisions regarding corrective action orders, which may require containment, removal, treatment, transportation, storage, land application, and disposal of contaminated materials, which must be in accordance with environmental statutes. Agricultural chemical cleanup actions do not involve septage disposal, so this exemption serves no purpose. If septage disposal is part of any agricultural chemical cleanup activity in the future, it should be treated in the same manner as other environmental statutes. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

AB449, s. 11 Section 11. 145.10 (1) (c) of the statutes is amended to read:

AB449,10,3 145.10 (1) (c) Falsified information on an inspection form under s. 145.245 (3) 145.20 (5).

AB449, s. 12 Section 12. 145.20 (2) (i) of the statutes is created to read:

AB449,10,5 145.20 (2) (i) Adopt and enforce the maintenance program under sub. (5).

Note: This provision adds to the list of county duties for the private sewage system regulatory program a reference to the maintenance program that is modified and expanded in the next Section of the bill that renumbers and amends s. 145.245 (3).

AB449, s. 13 Section 13. 145.20 (6) of the statutes is created to read:

AB449,10,15 145.20 (6) Local assistance programs. (a) The department shall develop a local assistance program to provide support for each governmental unit that undertakes an inventory of private sewage systems within the jurisdiction of the governmental unit. The local assistance program may support research by a governmental unit that is necessary to locate existing private sewage systems, conversion of existing inventories to be compatible with geographic information systems, improvement of data management in governmental units that have completed inventories, and development of mailing lists to contact owners of private sewage systems and other similar projects related to the inventory.

AB449,11,3 (b) The department shall develop a local assistance program for each governmental unit to develop systems to manage the local records related to the location, design, management plan, inspection, maintenance, and servicing of private sewage systems, disposal of septage, sites approved for the land application of septage, and other information associated with private sewage systems and septage regulation and management. The department shall set priorities for the development of the record-keeping system, which shall set the highest priority on compatible state and local records, compatible state and local information technology systems, consistent use of geographical information systems, and expeditious implementation of the record-keeping system in all governmental units.

AB449,11,9 (c) The department may make cost-sharing grants to governmental units of up to 70 percent of the cost of a project under par. (a) or (b), and may accept either a cash or in-kind contribution from the governmental unit. Through the local assistance programs under pars. (a) and (b), the department may fund the acquisition of equipment for managing the inventory and for record keeping and development of the inventory and record-keeping systems, but not the operation of those systems.

Note: This provision creates local assistance programs, administered by the department of commerce, to provide assistance to counties (and to cities and villages in Milwaukee county) to develop inventories of existing private sewage systems, and to develop record-keeping systems for information regarding private sewage systems. Funding for the local assistance is from the Wisconsin fund grant program, in s. 145.245 (11) (f), as created by this bill.

AB449, s. 14 Section 14. 145.245 (3) of the statutes is renumbered 145.20 (5) and amended to read:

AB449,12,2 145.20 (5) Maintenance. (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage systems. The department shall determine the private sewage systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage 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 sewage systems constructed in a governmental unit responsible for the regulation of private sewage systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9), except that the maintenance program in these governmental units does not commence until January 1, 2008.

AB449,12,13 (b) The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years if the private sewage system does not have a maintenance plan as prescribed by rule by the department. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private sewage system that does not have a maintenance plan and shall periodically update the methods.

AB449,12,19 (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

Note: The department of commerce administers the private sewage system replacement or rehabilitation grant program under s. 145.245, stats. The program is referred to as the Wisconsin fund. This program pays for part of the cost of replacing or rehabilitating failing private sewage systems for eligible individuals and small business owners.

A county must adopt a resolution in which the county agrees to administer the grant program in accordance with state law. One eligibility requirement is that the county where the property is located must adopt and enforce a maintenance program for private sewage systems that are newly installed or replaced after the date that the county adopts the resolution. The maintenance program ensures that inspection and pumping of private sewage systems is done as required. The department of commerce has established the maintenance requirements by administrative rule in s. Comm. 87.60.

This bill moves the county maintenance program statute out of the Wisconsin fund program and into the general department of commerce and county duties for private sewage system regulation, thus making it applicable to all counties. The bill retains the requirement in the current statute that requires inspection or pumping out the contents of a private sewage system at least once every 3 years, but limits this provision to private sewage systems that do not have a maintenance program under current department of commerce rules. The bill directs the department of commerce to specify by rule methods to establish requirements for periodic maintenance of these systems, which will continue to allow counties to adopt more frequent maintenance requirements for these systems. The bill authorizes the department to designate which credentialed professionals may undertake the required inspection, maintenance, or repairs, in addition to those authorized under the current statute.

The current statute requires that the county maintenance program must apply to private sewage systems that are newly installed or replaced after the date that the county adopts the Wisconsin fund grant program. The bill maintains this provision, without change, for counties that participate in the Wisconsin fund grant program. The bill requires the department of commerce to determine which other private sewage systems are subject to the maintenance program, whether or not the county participates in the Wisconsin fund program.

AB449, s. 15 Section 15. 145.245 (9) (a) of the statutes is amended to read:

AB449,13,3 145.245 (9) (a) Adopt and administer the maintenance program established under sub. (3) s. 145.20 (5);

AB449, s. 16 Section 16. 145.245 (11) (f) of the statutes is created to read:

AB449,13,7 145.245 (11) (f) The department may allocate up to 10 percent of the funds available under this subsection each fiscal year for local assistance for inventories and record keeping under s. 145.20 (6).

Note: This provision allows the department of commerce to allocate up to 10% of the funding available each fiscal year under the Wisconsin fund grant program for repair and replacement of private sewage systems for the inventory and record-keeping programs under s. 145.20 (6), as created by this bill.

AB449, s. 17 Section 17. 160.27 (5) of the statutes is amended to read:

AB449,13,14 160.27 (5) Notwithstanding subs. (1) to (3), a regulatory agency may develop and operate a system for monitoring and sampling groundwater to determine compliance with this chapter. This section does not affect the authority of the department to require groundwater monitoring by owners or operators of solid or hazardous waste facilities, water systems or wastewater systems under chs. 280 to 285 or 289 to 299, except s. 281.48.

Note: The groundwater law in s. 160.27 requires the DNR to develop and operate a system for monitoring and sampling groundwater to determine when groundwater standards are exceeded. Section 160.27 (5) clarifies that the groundwater monitoring and sampling system is in addition to, and does not displace, any groundwater monitoring required by the DNR for solid and hazardous waste facilities, water systems, or wastewater systems that are regulated under environmental statutes. The statute should include groundwater monitoring required at septage disposal sites, and the exception is therefore eliminated. [For a full explanation of the source of the current exemption in this statute for septage disposal, see the Note to the Section in this bill that amends s. 20.370 (3) (ma).]

AB449, s. 18 Section 18. 196.85 (1m) (c) of the statutes is created to read:

AB449,14,5 196.85 (1m) (c) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 66.0821 (5) (a) or 200.59 (5) (a) that are initiated under s. 281.49 (11) (d), the term "sewerage system" includes a licensed disposer as defined in s. 281.49 (1) (b).

Note: This provision authorizes the PSC to assess a licensed disposer for the PSC's expenses in formally reviewing a dispute over a septage disposal fee charged by a municipal sewage system in conformance with the allocation of the PSC's expenses under s. 66.0821 (5) or 200.59, as affected by this bill.

AB449, s. 19 Section 19. 200.59 (5) of the statutes is renumbered 200.59 (5) (a).

AB449, s. 20 Section 20. 200.59 (5) (b), (c) and (d) of the statutes are created to read:

AB449,14,12 200.59 (5) (b) For purposes of this subsection, "user" includes a licensed disposer, as defined in s. 281.49 (1) (b), who disposes of septage in the district's facilities under a disposal plan under s. 281.49 (5) and initiates under s. 281.49 (11) (d) a review under par. (a) of a disputed septage disposal fee by the public service commission.

AB449,14,16 (c) If the public service commission determines in a proceeding under par. (a) that a septage disposal fee is unreasonable, the public service commission shall determine and fix under par. (a) a reasonable fee that conforms with s. 281.49 (5) (c) 4.

AB449,15,2 (d) Notwithstanding the statutes referenced in par. (a) governing a proceeding under par. (a), the public service commission shall allocate its assessment under s. 196.85 (1) for any expense of the public service commission for a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as specified in s. 66.0821 (5) (e).

Note: Under existing s. 200.59 (5), a "user" of a service provided by the MMSD may file a complaint with the PSC that the rates, rules, and practices of the district are unreasonable or unjustly discriminatory.

The above 2 Sections establish that this complaint process also applies to the district's rates for the disposal of septage by a licensed disposer if the licensed disposer has first sought review of the disputed rate by the municipal sewage system and by the PSC staff under the process specified in the bill.

AB449, s. 21 Section 21. 281.17 (3) of the statutes is amended to read:

AB449,16,2 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3) 145.20 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

AB449, s. 22 Section 22. 281.41 (3) of the statutes is created to read:

AB449,16,6 281.41 (3) (a) In this subsection, "septage service area" means the area containing private sewage systems served or anticipated to be served by a sewage disposal plant during the planning period.

AB449,16,12 (b) If an owner proposes a sewage disposal plant or an extension of an existing sewage disposal plant that increases the capacity of the existing plant by at least 20 percent, the department shall require that owner, in preparing a plan under this section, to address the need for, and include plans for, the disposal of septage, as defined in s. 281.48 (2) (d). The department shall require an owner to address all of the following under this paragraph:

AB449,16,14 1. The amount of septage produced throughout the septage service area and the expected increase in septage production during the planning period.

AB449,16,17 2. The capacity for the disposal of septage during the planning period on land within the septage service area, in the sewage disposal plant, and by other available methods.

AB449,16,20 3. The location of private sewage systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.

AB449,16,23 4. The potential for contracts with private sewage system owners, licensed disposers, as defined in s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.

AB449,17,2 (c) In addressing the need for the disposal of septage and the information required under par. (b), the owner is required only to use data or other information that has previously been collected, whether by the owner or by others, and the owner is not required to conduct new research.

AB449,17,6 (d) The information required under par. (b) is for the purpose of assuring that septage disposal needs are considered in the decision-making process for sewage disposal plant planning, but par. (b) does not require construction of facilities for the handling or disposal of septage.

Note: Facilities plans are prepared for each sewage disposal plant. There currently is not a specific requirement to address the issues related to septage disposal, although these issues could be included in the plans under current law. This bill creates a specific requirement to address septage disposal needs in these plans. The new planning requirement applies to new sewage disposal plants or expansions that increase sewage disposal plant capacity by at least 20 percent. The plans will address such issues as the amount of land and sewage treatment plant capacity available for septage disposal, the location of land disposal sites and sewage disposal plants in relation to the sources of septage, and other related issues. This analysis is for the purpose of assuring that information regarding septage disposal needs is considered in the decision-making process for sewage treatment plant construction and expansion. The bill specifies only that the information must be considered in the decision-making process, and does not require the construction of facilities for handling or disposal of septage.

AB449, s. 23 Section 23. 281.48 (title) of the statutes is amended to read:

AB449,17,9 281.48 (title) Servicing septic tanks, soil absorption fields, holding tanks, grease traps interceptors and privies.

AB449, s. 24 Section 24. 281.48 (2) (b) to (g) of the statutes are amended to read:

AB449,17,14 281.48 (2) (b) "Grease trap interceptor" means a watertight tank for the collection of grease present in sewage and other wastes, and from which grease may be skimmed from the surface of liquid waste for disposal receptacle designed to intercept and retain grease or fatty substances.

AB449,18,2 (c) "Privy" means a cavity in the ground or a portable above-ground device constructed for toilet uses which receives human excrement either to be partially absorbed directly by the surrounding soil or stored for decomposition and periodic removal an enclosed nonportable toilet into which human wastes not carried by water are deposited to a subsurface storage chamber that may or may not be watertight.

AB449,18,5 (d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy, or other component of a private sewage system.

AB449,18,8 (e) "Septic tank" means and includes a septic toilet, chemical closet and any other watertight enclosure used for storage and anaerobic decomposition of human excrement, or domestic or industrial wastes wastewater.

AB449,18,11 (f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease trap or interceptor, privy, or other component of a private sewage system and disposing of the septage.

AB449,18,14 (g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar wastewater treatment device component of a private sewage system.

Note: The definitions in this Section are amended to clarify and update the text of the definitions.

AB449, s. 25 Section 25. 281.48 (2) (bm) of the statutes is created to read:

AB449,18,17 281.48 (2) (bm) "Private sewage system" has the meaning given in s. 145.01 (12).

Note: The term "private sewage system" is used in current s. 281.48 but is not defined. The cross-referenced definition is the definition used in the statutes under department of commerce jurisdiction for private sewage system regulation.

AB449, s. 26 Section 26. 281.48 (2m) of the statutes is amended to read:

AB449,18,22 281.48 (2m) Powers of the department. The department shall have has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies, and other components of private sewage systems.

AB449, s. 27 Section 27. 281.48 (3) (d) (intro.) of the statutes is renumbered 281.48 (3) (d) and amended to read:

AB449,19,5 281.48 (3) (d) (intro.) A farmer who disposes of septage on land is exempt from the licensing requirement under par. (a) if all of the following conditions in sub. (4m) (b) apply:.