LRB-2124/3
RCT:kjf:nwn
2007 - 2008 LEGISLATURE
October 11, 2007 - Introduced by Representatives Gunderson, Musser, Berceau,
Hahn, LeMahieu, Mursau, A. Ott and Turner, cosponsored by Senators
Miller, Cowles, Lassa, Lazich, Lehman, Olsen and Schultz. Referred to
Committee on Natural Resources.
AB532,1,4
1An Act to amend 145.12 (5) (a); and
to create 145.20 (6) of the statutes;
2relating to: restrictions relating to soil testing and the installation, design,
3maintenance, repair, and sale of private sewage systems and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Current law makes certain local governmental units, generally counties,
responsible for the regulation of septic systems and other private sewage systems.
For example, the law requires the local governmental units to review soil test reports
and to inspect private sewage systems after construction but before backfilling.
This bill prohibits a local governmental unit employee who has responsibilities
related to the regulation of private sewage systems from doing any of the following:
1. Performing soil testing.
2. Installing, maintaining, or repairing private sewage systems.
3. Selling private sewage systems.
4. Designing private sewage systems.
The bill authorizes the Department of Commerce to directly assess a forfeiture
of no more than $2,000 against a person who violates the prohibitions created in the
bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB532, s. 1
1Section
1. 145.12 (5) (a) of the statutes is amended to read:
AB532,2,52
145.12
(5) (a) In lieu of any other penalty under this section, the department
3may directly assess a forfeiture by issuing an order against any person who violates
4s. 145.06
or 145.20 (6). The department may not assess a forfeiture exceeding $2,000
5for each violation.
AB532, s. 2
6Section
2. 145.20 (6) of the statutes is created to read:
AB532,2,97
145.20
(6) Restrictions on reviewers and inspectors. A governmental unit
8employee who has responsibilities related to any of the activities under sub. (2) (a)
9to (i) may not do any of the following:
AB532,2,1210
(a) Conduct any activities for which certification is required under s. 145.045
11(1), except that the employee may review and verify soil tester reports as provided
12in sub. (2) (a).
AB532,2,1613
(b) Install, design, maintain, repair, or sell a private sewage systems
14component of a private sewage system, drain field designed to serve a private sewage
15system, or pipe from a private sewage system to the immediate inside of the existing
16or proposed foundation wall of the building served by the private sewage system.
AB532,2,1918
(1)
This act takes effect on the first day of the 7th month beginning after
19publication.
