AB449,21,42 281.48 (4m) (b) 1. The septage is removed from a septic tank, soil absorption
3field, holding tank, grease trap or privy
which is located on the same parcel where
4the 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 5Section 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 of the statutes is repealed.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 6Section 35. 281.48 (4m) (c) of the statutes is amended to read:
AB449,21,117 281.48 (4m) (c) If a location is exempt from licensing site approval under par.
8(b), the department may require the person who services the septic tank, soil
9absorption field, holding tank, grease trap or privy to register the disposal site with
10the department and
to provide the department with information to show that
11sufficient land area is available for disposal.
AB449, s. 36 12Section 36. 281.48 (4m) (d) of the statutes is created to read:
AB449,22,213 281.48 (4m) (d) A person seeking a site approval under par. (a) shall submit
14an application to the department at least 7 days prior to using the site. Upon
15receiving an application for site approval, the department may enter and inspect the
16site if the department determines that an inspection is necessary. Commencing 7

1days after submitting the application, the applicant may use the site unless the
2department 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 3Section 37. 281.48 (4s) (a) (intro.) of the statutes is amended to read:
AB449,22,54 281.48 (4s) (a) (intro.) The Except as provided in par. (c), the department shall
5collect the following fees:
AB449, s. 38 6Section 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 7Section 39. 281.48 (4s) (c) of the statutes is created to read:
AB449,22,148 281.48 (4s) (c) In lieu of the fees specified in par. (a), the department may
9establish by rule fees for a license under sub. (3) (a) necessary to meet the costs
10incurred by the department in administering and enforcing licenses, approvals, and
11other program requirements under this section. The fees established under this
12paragraph shall be a fixed amount for each licensee, a variable amount for each
13licensee based on the number of vehicles used by a licensee for servicing, or a
14combination 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 15Section 40. 281.48 (5) (a) 4. of the statutes is amended to read:
AB449,22,1816 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed
17by the department or falsified information on inspection forms under s. 145.245 (3)
18145.20 (5).
AB449, s. 41
1Section 41. 281.48 (5m) (c) of the statutes is amended to read:
AB449,23,162 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance
3shall be identical to the corresponding portions of rules promulgated by the
4department under this section. The county shall require the person engaged in
5septage disposal to submit the results of a soil test conducted by a soil tester certified
6under s. 145.045 and to obtain an annual license a site approval for each location
7where the person disposes of septage on land, except that the county may not require
8a license for septage disposal in a licensed solid waste disposal facility
. The county
9shall maintain records of soil tests, site licenses approvals, county inspections and
10enforcement actions under this subsection. A county may not require licensing or
11registration for any person or vehicle engaged in septage disposal. The county may
12establish a schedule of fees for site licenses approvals under this paragraph. The
13county may require a bond or other method of demonstrating the financial ability to
14comply with the septage disposal ordinance. The county shall provide for the
15enforcement of the septage disposal ordinance by penalties identical to those in s.
16281.98.
AB449, s. 42 17Section 42. 281.48 (5p) of the statutes is created to read:
AB449,23,2118 281.48 (5p) No city, village, town, or county may prohibit, through zoning or
19any other means, the disposal of septage on land if that disposal complies with this
20section and rules promulgated under this section or with an ordinance adopted under
21sub. (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 22Section 43. 281.49 (1) (a) of the statutes is renumbered 281.49 (1) (m) and
23amended to read:
AB449,24,3
1281.49 (1) (m) "Septage" means the scum, liquid, sludge or other waste from
2a septic tank, soil absorption field, holding tank or privy. This term does not include
3the waste from a grease trap interceptor.
AB449, s. 44 4Section 44. 281.49 (5) (c) 4. of the statutes is amended to read:
AB449,24,105 281.49 (5) (c) 4. Actual and equitable Reasonable disposal fees based on the
6volume of septage introduced into the municipal sewage system and calculated at the
7rate applied to other users of the municipal sewage system, and including the costs
8of additional facilities or personnel necessary to accept septage at the point of
9introduction into the municipal sewage system
that meet the requirements in sub.
10(10)
.
AB449, s. 45 11Section 45. 281.49 (10), (11) and (12) of the statutes are created to read:
AB449,24,1612 281.49 (10) (a) Disposal fees established by a municipal sewage system under
13sub. (5) (c) 4. for the disposal of septage introduced into the system by a licensed
14disposer may be based on only the following actual costs related to the disposal of the
15septage, as determined in accordance with a uniform cost accounting system
16applicable to all services provided by the system:
AB449,24,1717 1. The cost of facilities at the system that receive and store septage.
AB449,24,1818 2. The cost of any testing of septage conducted by the system.
AB449,24,2019 3. The cost of treating septage by the system. This cost may vary based on the
20quantity and type of the septage.
AB449,24,2221 4. The portion of the system's additional administrative and personnel costs for
22accepting the septage not reflected in the costs identified in subds. 2. and 3.
AB449,25,223 (b) In determining its actual costs under par. (a) 1. to 4., a municipal sewage
24system may include any associated cost of capital, debt service, operation, and
25maintenance, and any other type of cost used by a municipal sewage system in

1establishing fees for the treatment and disposal of sewage by its customers connected
2to the system.
AB449,25,5 3(11) Review of septage disposal fees. (a) Each municipal sewage system shall
4establish a procedure to review a septage disposal fee charged by the system that is
5disputed by a licensed disposer.
AB449,25,96 (b) Upon the request of a licensed disposer, a municipal sewage system shall
7use the procedure established by the system under par. (a) to review whether a
8septage disposal fee charged by the system for the quantity and type of septage
9specified by the licensed disposer conforms with sub. (5) (c) 4.
AB449,25,1610 (c) After pursuing the review of a septage disposal fee under par. (b), a licensed
11disposer may request the staff of the public service commission to informally review
12the disputed septage disposal fee. If the staff determine that there is sufficient basis
13for a dispute regarding the fee and that use of the procedure under par. (b) is not
14likely to resolve the dispute, the staff may agree to review the disputed septage
15disposal fee. Based on its review, the staff may recommend a reasonable septage
16disposal fee that conforms with sub. (5) (c) 4.
AB449,25,2017 (d) If the use of the procedure under par. (c) does not lead to resolution of the
18dispute, the licensed disposer requesting the review under par. (c) may make a
19written request to the public service commission for review of the disputed septage
20disposal fee under s. 66.0821 (5) or 200.59 (5).
AB449,25,2521 (e) Upon the request of a licensed disposer, or the public service commission or
22its staff, a municipal sewage system shall provide information to the requester
23concerning the basis of its septage disposal fees. A municipal sewage system shall
24provide to the public service commission or its staff any other information that the
25commission or its staff requests related to a review under par. (c) or (d).
AB449,26,5
1(12) Notice of septage disposal increases. Each municipal sewage system
2shall notify each licensed disposer currently approved under sub. (5) (b) to dispose
3of septage in the system of any increase in a disposal fee applicable to the licensed
4disposer at least 60 days prior to imposing the increased disposal fee. The notice
5shall 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 6Section 46. 281.58 (1) (cv) of the statutes is created to read:
AB449,26,77 281.58 (1) (cv) "Septage" has the meaning given in s. 281.48 (2) (d).
AB449, s. 47 8Section 47. 281.58 (7) (b) 1. of the statutes is amended to read:
AB449,26,129 281.58 (7) (b) 1. Projects that the department determines are necessary to
10prevent a municipality from significantly exceeding an effluent limitation contained
11in a permit issued under ch. 283, including projects or capacity for the receiving,
12storage, 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 13Section 48. 281.58 (8) (b) 1. of the statutes is amended to read:
AB449,27,714 281.58 (8) (b) 1. Except as provided in subd. 2. and par. (k), the amount of
15reserve capacity for a project eligible for financial assistance through a method
16specified under sub. (6) (b) is limited to that future capacity required to serve the

1users of the project expected to exist within the sewer service area of the project and
2that future capacity required to serve the need expected to exist outside of the sewer
3service area of the project for septage that is reasonably likely to be disposed of in the
4project
10 years after the project is estimated to become operational. The
5department, in consultation with the demographic services center in the department
6of administration under s. 16.96, shall promulgate rules defining procedures for
7projecting 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 8Section 49. 281.58 (12) (a) 5. of the statutes is created to read:
AB449,27,119 281.58 (12) (a) 5. The interest rate for the portion of a project that provides
10facilities for receiving and storing septage and capacity for treating septage is zero
11percent.
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 12Section 50. 281.77 (1) (b) of the statutes is amended to read:
AB449,28,213 281.77 (1) (b) "Regulated activity" means an activity for which the department
14may issue an order under chs. 285 or 289 to 299 or this chapter, except s. 281.48, if
15the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter, except

1s. 281.48,
or in violation of licenses, permits or special orders issued or rules
2promulgated 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 3Section 51. 283.82 of the statutes is created to read:
AB449,28,6 4283.82 Land application of sewage sludge. (1) The department shall
5oversee, set technical standards for, and regulate the application of sewage sludge
6to land.
AB449,28,9 7(2) No city, village, town, or county may prohibit, through zoning or any other
8means, the application of sewage sludge to land if that application complies with this
9section and rules promulgated under this section.
AB449,28,12 10(3) A city, village, town, or county may not regulate the application of sewage
11sludge to land, except that the city, village, town, or county may enact the model
12ordinance developed under sub. (4).
AB449,28,15 13(4) The department shall develop a model land application ordinance for
14sewage sludge. The model ordinance shall be consistent with rules promulgated
15under 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 16Section 52. 283.87 (1) of the statutes is amended to read:
AB449,29,8
1283.87 (1) Department may recover costs. In an action against any person who
2violates this chapter or any provision of s. 29.601 or chs. 30, 31, 281, 285 or 289 to
3299, except s. 281.48, relating to water quality the department may recover the cost
4of removing, terminating or remedying the adverse effects upon the water
5environment resulting from the unlawful discharge or deposit of pollutants into the
6waters of the state, including the cost of replacing fish or other wildlife destroyed by
7the discharge or deposit. All moneys recovered under this section shall be deposited
8into 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 9Section 53. 299.95 of the statutes is amended to read:
AB449,30,6 10299.95 Enforcement; duty of department of justice; expenses. The
11attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
12ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
13approvals, permits, and water quality certifications of the department, except those
14promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as
15provided in ss. 285.86 and 299.85 (7) (am). The circuit court for Dane county or for
16any other county where a violation occurred in whole or in part has jurisdiction to
17enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order,
18license, plan approval, permit, or certification by injunctional and other relief
19appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285

1and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit
2or certification prohibits in whole or in part any pollution, a violation is considered
3a public nuisance. The department of natural resources may enter into agreements
4with the department of justice to assist with the administration of chs. 281 to 285 and
5289 to 295 and this chapter. Any funds paid to the department of justice under these
6agreements 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 7Section 54. 348.15 (3) (bv) of the statutes is amended to read:
AB449,31,78 348.15 (3) (bv) In the case of a vehicle or combination of vehicles used primarily
9for the transportation of septage, as defined in s. 281.49 (1) (a) (m), the gross weight
10imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds
11or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive
12axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c)

1or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000
2pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles
3more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but
4not to exceed 80,000 pounds. This paragraph does not apply to the national system
5of interstate and defense highways, except for that portion of USH 51 between
6Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
7interchange near Portage upon their federal designation as I 39.
AB449, s. 55 8Section 55. 895.48 (2) (c) 2. of the statutes is amended to read:
AB449,31,119 895.48 (2) (c) 2. Who would be liable for the discharge under chs. 281 to 285 or
10289 to 299, except s. 281.48, or any rule promulgated or permit or order issued under
11chs. 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 12Section 56. Initial applicability. The treatment of section 281.49 (12) of the
13statutes first applies to increases in disposal fees that take effect on the first day of
14the 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.
AB449,31,1515 (End)
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