AB449: Bill Text

AB449,19,11 281.48 (3) (e) Operator certification. No person, except for a farmer exempted from licensing under par. (d), may service a septage private sewage system or operate a septage servicing vehicle unless the person is certified as an operator of a septage servicing vehicle under s. 281.17 (3).

AB449, s. 30 Section 30. 281.48 (4g) of the statutes is amended to read:

AB449,20,4 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease traps and interceptors, privies, and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or registration a license excemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of sites private sewage systems serviced and the volume of septage disposed of and location of septage disposed that disposal.

AB449, s. 31 Section 31. 281.48 (4m) (title) and (a) of the statutes are amended to read:

AB449,20,11 281.48 (4m) (title) Site licenses approvals. (a) The department may require a soil test and a license shall require a site approval for any location where septage is stored or disposed of on land, except that the department may not require a soil test and a license for septage disposal in a licensed solid waste disposal facility. In determining whether to require a license for a site, the department shall consider the septage disposal needs of different areas of the state.

Note: "Stored" is deleted because storage of septage is regulated under s. 281.41 rather than s. 281.48. The site license for land disposal of septage is changed to a site approval. This change allows the DNR to continue its present practice of reviewing applications for septage disposal and approving them based on the paperwork submitted. A site license, as in the current statute, implies a more thorough review of each application. The exception for septage disposal in a solid waste disposal facility is eliminated so that the hauler must notify the DNR that the septage will be taken to a landfill and the DNR may simply approve the septage disposal if it is consistent with the landfill's plan of operation.

AB449, s. 32 Section 32. 281.48 (4m) (b) (intro.) of the statutes is amended to read:

AB449,20,16 281.48 (4m) (b) (intro.) Notwithstanding par. (a), the department may not require a license site approval for a location where septage is disposed of on land if the person who disposes of the septage is a farmer who owns or leases that location and if:

Note: The current statute contains an exemption from the requirement for a site license for any place where septage is disposed of on land. DNR may not currently require a site license (changed in this bill to a site approval) for a location where septage is removed from a private sewage system and disposed of on the same parcel where the private sewage system is located. This bill limits the exception from the requirement for a site approval so that it applies only to farmers. In addition, this bill narrows the exception in other respects in the following 2 Sections, as explained in the notes. This bill also states explicitly that the farmer must pump and dispose of the septic tank waste on property that the farmer owns or leases, to make this provision conform to legislative intent.

AB449, s. 33 Section 33. 281.48 (4m) (b) 1. of the statutes is amended to read:

AB449,21,4 281.48 (4m) (b) 1. The septage is removed from a septic tank, soil absorption field, holding tank, grease trap or privy which is located on the same parcel where the septage is disposed of; and

Note: This bill narrows the exception from site approval so that it applies only to septage removed from a septic tank. The main effect of this change is either to require the contents of a holding tank or other private sewage system to be taken to a sewage treatment plant or, if the holding tank or other waste is disposed of on the same parcel where the holding tank or other private sewage system is located, the disposal site must have a site approval.

AB449, s. 34 Section 34. 281.48 (4m) (b) 2. of the statutes is repealed.

Note: The repeal of s. 281.48 (4m) (b) 2. deletes the 3,000 gallon per week limit for disposal of septage without a site approval on the same parcel where the private sewage system is located. This limit is no longer necessary due to the elimination of holding tanks from the types of private sewage systems for which the site approval exemption is provided. Septic tanks, which may continue to be pumped and the septage disposed of on the same parcel, do not produce large volumes of septage.

AB449, s. 35 Section 35. 281.48 (4m) (c) of the statutes is amended to read:

AB449,21,11 281.48 (4m) (c) If a location is exempt from licensing site approval under par. (b), the department may require the person who services the septic tank, soil absorption field, holding tank, grease trap or privy to register the disposal site with the department and to provide the department with information to show that sufficient land area is available for disposal.

AB449, s. 36 Section 36. 281.48 (4m) (d) of the statutes is created to read:

AB449,22,2 281.48 (4m) (d) A person seeking a site approval under par. (a) shall submit an application to the department at least 7 days prior to using the site. Upon receiving an application for site approval, the department may enter and inspect the site if the department determines that an inspection is necessary. Commencing 7 days after submitting the application, the applicant may use the site unless the department notifies the applicant that the site may not be used.

Note: The procedure for a septage hauler to obtain a site license (changed to a site approval in this bill) is set out by the DNR in administrative rules in ch. NR 113. The rules contain a provision requiring the hauler to notify the DNR at least 7 days prior to using a field for septage disposal. The rules do not clearly state the consequence if DNR does not respond within the 7 days. This bill provides that the hauler may commence using the site after providing notice to the DNR and the 7 days have elapsed. The hauler may then continue using the site unless the DNR subsequently determines that the site may not be used and so notifies the hauler.

AB449, s. 37 Section 37. 281.48 (4s) (a) (intro.) of the statutes is amended to read:

AB449,22,5 281.48 (4s) (a) (intro.) The Except as provided in par. (c), the department shall collect the following fees:

AB449, s. 38 Section 38. 281.48 (4s) (a) 4. and (b) of the statutes are repealed.

Note: This Section repeals the fees for licenses for septage land disposal sites (changed to a site approved in this bill). Currently, the DNR does not collect these fees.

AB449, s. 39 Section 39. 281.48 (4s) (c) of the statutes is created to read:

AB449,22,14 281.48 (4s) (c) In lieu of the fees specified in par. (a), the department may establish by rule fees for a license under sub. (3) (a) necessary to meet the costs incurred by the department in administering and enforcing licenses, approvals, and other program requirements under this section. The fees established under this paragraph shall be a fixed amount for each licensee, a variable amount for each licensee based on the number of vehicles used by a licensee for servicing, or a combination of these amounts.

Note: This Section authorizes the DNR to establish by rule new fees for septage servicing licensees, in lieu of the current statutorily specified fees, subject to the conditions in this provision.

AB449, s. 40 Section 40. 281.48 (5) (a) 4. of the statutes is amended to read:

AB449,22,18 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.245 (3) 145.20 (5).

AB449, s. 41 Section 41. 281.48 (5m) (c) of the statutes is amended to read:

AB449,23,16 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 and to obtain an annual license a site approval for each location where the person disposes of septage on land, except that the county may not require a license for septage disposal in a licensed solid waste disposal facility. The county shall maintain records of soil tests, site licenses approvals, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site licenses approvals under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in s. 281.98.

AB449, s. 42 Section 42. 281.48 (5p) of the statutes is created to read:

AB449,23,21 281.48 (5p) No city, village, town, or county may prohibit, through zoning or any other means, the disposal of septage on land if that disposal complies with this section and rules promulgated under this section or with an ordinance adopted under sub. (5m) (a) or (b).

Note: This provides that a city, village, town, or county may not prohibit septage disposal on land if the disposal conforms with the statutes and DNR rules or with a septage land disposal ordinance adopted by a county, city, village, or town under s. 281.48 (5m) (a) or (b).

AB449, s. 43 Section 43. 281.49 (1) (a) of the statutes is renumbered 281.49 (1) (m) and amended to read:

AB449,24,3 281.49 (1) (m) "Septage" means the scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank or privy. This term does not include the waste from a grease trap interceptor.

AB449, s. 44 Section 44. 281.49 (5) (c) 4. of the statutes is amended to read:

AB449,24,10 281.49 (5) (c) 4. Actual and equitable Reasonable disposal fees based on the volume of septage introduced into the municipal sewage system and calculated at the rate applied to other users of the municipal sewage system, and including the costs of additional facilities or personnel necessary to accept septage at the point of introduction into the municipal sewage system that meet the requirements in sub. (10).

AB449, s. 45 Section 45. 281.49 (10), (11) and (12) of the statutes are created to read:

AB449,24,16 281.49 (10) (a) Disposal fees established by a municipal sewage system under sub. (5) (c) 4. for the disposal of septage introduced into the system by a licensed disposer may be based on only the following actual costs related to the disposal of the septage, as determined in accordance with a uniform cost accounting system applicable to all services provided by the system:

AB449,24,17 1. The cost of facilities at the system that receive and store septage.

AB449,24,18 2. The cost of any testing of septage conducted by the system.

AB449,24,20 3. The cost of treating septage by the system. This cost may vary based on the quantity and type of the septage.

AB449,24,22 4. The portion of the system's additional administrative and personnel costs for accepting the septage not reflected in the costs identified in subds. 2. and 3.

AB449,25,2 (b) In determining its actual costs under par. (a) 1. to 4., a municipal sewage system may include any associated cost of capital, debt service, operation, and maintenance, and any other type of cost used by a municipal sewage system in establishing fees for the treatment and disposal of sewage by its customers connected to the system.

AB449,25,5 (11) Review of septage disposal fees. (a) Each municipal sewage system shall establish a procedure to review a septage disposal fee charged by the system that is disputed by a licensed disposer.

AB449,25,9 (b) Upon the request of a licensed disposer, a municipal sewage system shall use the procedure established by the system under par. (a) to review whether a septage disposal fee charged by the system for the quantity and type of septage specified by the licensed disposer conforms with sub. (5) (c) 4.

AB449,25,16 (c) After pursuing the review of a septage disposal fee under par. (b), a licensed disposer may request the staff of the public service commission to informally review the disputed septage disposal fee. If the staff determine that there is sufficient basis for a dispute regarding the fee and that use of the procedure under par. (b) is not likely to resolve the dispute, the staff may agree to review the disputed septage disposal fee. Based on its review, the staff may recommend a reasonable septage disposal fee that conforms with sub. (5) (c) 4.

AB449,25,20 (d) If the use of the procedure under par. (c) does not lead to resolution of the dispute, the licensed disposer requesting the review under par. (c) may make a written request to the public service commission for review of the disputed septage disposal fee under s. 66.0821 (5) or 200.59 (5).

AB449,25,25 (e) Upon the request of a licensed disposer, or the public service commission or its staff, a municipal sewage system shall provide information to the requester concerning the basis of its septage disposal fees. A municipal sewage system shall provide to the public service commission or its staff any other information that the commission or its staff requests related to a review under par. (c) or (d).

AB449,26,5 (12) Notice of septage disposal increases. Each municipal sewage system shall notify each licensed disposer currently approved under sub. (5) (b) to dispose of septage in the system of any increase in a disposal fee applicable to the licensed disposer at least 60 days prior to imposing the increased disposal fee. The notice shall include a description of how the system calculated the new disposal fee.

Note: The treatment of s. 281.49 (5) (c) 4. and (10), (11), and (12) in this Section and the preceding Section modify the requirements for fees that a municipal sewage system may charge for the disposal of septage introduced into the system by a licensed disposer, create a process for the review of a septage disposal fee charged by a municipal sewage system that is disputed by a licensed disposer, and requires each municipal sewage system to notify licensed disposers who dispose of septage in the system of any increase in the disposal fee applicable to the licensed disposer prior to imposing the increased disposal fee.

AB449, s. 46 Section 46. 281.58 (1) (cv) of the statutes is created to read:

AB449,26,7 281.58 (1) (cv) "Septage" has the meaning given in s. 281.48 (2) (d).

AB449, s. 47 Section 47. 281.58 (7) (b) 1. of the statutes is amended to read:

AB449,26,12 281.58 (7) (b) 1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, including projects or capacity for the receiving, storage, and treatment of septage.

Note: The current statutes create the clean water fund program, which provides financial assistance to municipalities for the cost of planning, design, and construction of wastewater treatment facilities, and other surface and groundwater pollution abatement facilities. The program includes various forms of financial assistance, including market interest rate or below market interest rate loans.

The current clean water fund program can be used as a source of funding for a portion of a sewage treatment plant project that provides receiving, storage, and treatment of septage. However, this is not expressly stated in the statute. This bill adds an explicit statement that such facilities for septage are eligible for financial assistance under the clean water fund program.

AB449, s. 48 Section 48. 281.58 (8) (b) 1. of the statutes is amended to read:

AB449,27,7 281.58 (8) (b) 1. Except as provided in subd. 2. and par. (k), the amount of reserve capacity for a project eligible for financial assistance through a method specified under sub. (6) (b) is limited to that future capacity required to serve the users of the project expected to exist within the sewer service area of the project and that future capacity required to serve the need expected to exist outside of the sewer service area of the project for septage that is reasonably likely to be disposed of in the project 10 years after the project is estimated to become operational. The department, in consultation with the demographic services center in the department of administration under s. 16.96, shall promulgate rules defining procedures for projecting population used in determining the amount of reserve capacity.

Note: The current clean water fund program places a limit on the allowable reserve capacity of a sewage treatment plant in order to qualify for below market rate loans and certain other financial assistance. Reserve capacity is the extra capacity to treat wastewater beyond present needs. The current statutory limit is the capacity to treat wastewater from users within the service area for no more than 10 years after completion of the project. This bill adds to the allowable reserve capacity an amount needed to provide septage disposal for property located outside of the sewer service area for that 10-year period if the septage is reasonably likely to be taken to the sewage treatment plant.

AB449, s. 49 Section 49. 281.58 (12) (a) 5. of the statutes is created to read:

AB449,27,11 281.58 (12) (a) 5. The interest rate for the portion of a project that provides facilities for receiving and storing septage and capacity for treating septage is zero percent.

Note: This bill creates a zero percent interest rate for the portion of a clean water fund loan for septage receiving and storing facilities and capacity for septage treatment. This interest rate applies even though the rest of the project has a different interest rate or method of financial assistance. The purpose of the zero percent interest rate is to provide an incentive for a municipality to add facilities and capacity for septage disposal, and to reduce the risk for the municipality of providing that capacity, but then not receiving the expected amount of septage. Even though the interest rate is zero, the municipality will need to repay the clean water fund loan, so the municipality will still have an incentive to build cost-effective projects and to market the septage disposal service.

AB449, s. 50 Section 50. 281.77 (1) (b) of the statutes is amended to read:

AB449,28,2 281.77 (1) (b) "Regulated activity" means an activity for which the department may issue an order under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter, except s. 281.48, or in violation of licenses, permits or special orders issued or rules promulgated under chs. 285 or 289 to 299 or this chapter, except s. 281.48.

Note: Section 281.77, stats., relates to damage to water supplies. This statute authorizes the DNR to conduct a hearing and order the owner or operator of a "regulated activity" that has damaged private water supplies to treat the water, repair the private water supply or replace the private water supply. Section 281.77 (1) (b) defines "regulated activity" as any activity under environmental statutes for which the DNR may issue an order if the activity is conducted in violation of the environmental statutes. A violation of septage disposal regulations should be treated in the same manner as any other violation of an environmental statute. Therefore, the exception for septage disposal is 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. 51 Section 51. 283.82 of the statutes is created to read:

AB449,28,6 283.82 Land application of sewage sludge. (1) The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.

AB449,28,9 (2) No city, village, town, or county may prohibit, through zoning or any other means, the application of sewage sludge to land if that application complies with this section and rules promulgated under this section.

AB449,28,12 (3) A city, village, town, or county may not regulate the application of sewage sludge to land, except that the city, village, town, or county may enact the model ordinance developed under sub. (4).

AB449,28,15 (4) The department shall develop a model land application ordinance for sewage sludge. The model ordinance shall be consistent with rules promulgated under this section.

Note: This provision directs the DNR to set standards for and to regulate the application of sewage sludge to land, and to develop a model land application ordinance for sewage sludge. Further, this provision states that a city, village, town, or county may not prohibit the land application of sludge if the land application complies with the standards promulgated by DNR, and not regulate the land application of sewage sludge except by enacting the model ordinance developed by the DNR.

AB449, s. 52 Section 52. 283.87 (1) of the statutes is amended to read:

AB449,29,8 283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, 31, 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

Note: Section 283.87 authorizes the DNR to recover costs in a legal action against a person who violates environmental statutes relating to water quality. Under this statute, the DNR may recover the cost of removing, terminating, or remedying adverse effects on the water environment resulting from unlawful discharge or deposit of pollutants into the waters of the state. The costs recovered can include the costs of replacing fish or other wildlife destroyed by the discharge. Any moneys recovered are placed in the environmental fund. The violation of septage disposal regulations should be treated in the same manner as the violation of the environmental statutes relating to water quality. Therefore, the exception for septage disposal is 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. 53 Section 53. 299.95 of the statutes is amended to read:

AB449,30,6 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as provided in ss. 285.86 and 299.85 (7) (am). The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

Note: Under current law, the DNR may issue a citation to collect a forfeiture for a violation of regulations governing the servicing of private sewage systems, or the disposal of septage. The person receiving the citation usually pleads no contest and pays the forfeiture amount, which ends the matter. The person receiving the citation has the option of pleading not guilty and requesting a jury trial. The district attorney is responsible for enforcing citations issued by the DNR.

For most other environmental enforcement actions, when the DNR does not issue a citation, the DNR refers the violation to the attorney general, who may then commence an enforcement action in circuit court. However, there is a conflict in 2 different statutes relating to enforcement of the septage servicing and disposal regulatory statute. The first statute, s. 281.98, provides that a person who violates a provision of ch. 281 (which includes the septage statutes), or any rules or orders issued by DNR under the statutes, may be required to forfeit from $10 to $5,000 for each violation. The attorney general enforces these statutes, rules, and orders upon referral by the DNR. The 2nd statute, s. 299.95, provides that the attorney general may enforce most environmental statutes. However, the septage servicing and disposal statute is specifically excluded from the enforcement authority of the attorney general under s. 299.95. This conflict casts doubt on the ability of the attorney general to enforce septage disposal regulations.

This bill retains the authority of DNR to issue citations for septage servicing and disposal violations, with enforcement by the district attorney. This bill deletes the exception in s. 299.95 for enforcement of these septage regulations by the attorney general. With this change, the DNR can continue to issue citations for violations of these regulations (generally for lesser violations), and will have the option of referring cases involving more serious violations to the attorney general for enforcement.

The bill does not affect the enforcement of the separate requirement for the certification of operators of septage servicing vehicles. The DNR enforces this requirement by either revoking the certification or referring the violation to the attorney general for enforcement.

AB449, s. 54 Section 54. 348.15 (3) (bv) of the statutes is amended to read:

AB449,31,7 348.15 (3) (bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 281.49 (1) (a) (m), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB449, s. 55 Section 55. 895.48 (2) (c) 2. of the statutes is amended to read:

AB449,31,11 895.48 (2) (c) 2. Who would be liable for the discharge under chs. 281 to 285 or 289 to 299, except s. 281.48, or any rule promulgated or permit or order issued under chs. 281 to 285 or 289 to 299, except s. 281.48;

Note: Section 895.48 (2), stats., creates an exemption from civil liability for certain actions taken by a person who provides assistance or advice regarding an emergency involving the discharge of a hazardous substance. In s. 895.48 (2) (c), the statute provides that the civil liability exemption does not extend to a person who would be liable for the discharge of hazardous substances under environmental statutes. A person who discharges hazardous substances in violation of septage disposal statutes should be treated the same as a person who violates other environmental statutes. Therefore, the exception for septage disposal is 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. 56 Section 56. Initial applicability. The treatment of section 281.49 (12) of the statutes first applies to increases in disposal fees that take effect on the first day of the 3rd month beginning after publication.

Note: This provision specifies the initial applicability of the requirement in s. 281.49 (12), as created by this bill, that each municipal sewage system must notify licensed disposers of septage in the system of any increase in a disposal fee applicable to the license disposer prior to imposing the increased disposal fee.

AB449,31,15 (End)