AB547,25,2422 145.01 (4m) Failing private sewage on-site wastewater treatment system.
23"Failing private sewage on-site wastewater treatment system" has the meaning
24specified under s. 145.245 (4).
AB547, s. 52 25Section 52. 145.01 (5) of the statutes is amended to read:
AB547,26,6
1145.01 (5) Governmental unit responsible for regulation of private sewage
2on-site wastewater treatment systems. "Governmental unit responsible for the
3regulation of private sewage on-site wastewater treatment systems" or
4"governmental unit", unless otherwise qualified, means the county except that in a
5county with a population of 500,000 or more these terms mean the city, village or
6town where the private sewage on-site wastewater treatment system is located.
AB547, s. 53 7Section 53. 145.01 (10) (a) 2. of the statutes is amended to read:
AB547,26,138 145.01 (10) (a) 2. The construction, connection, installation, service, or repair
9of any drain or wastewater piping system that connects to the mains or other
10terminal within the bounds of, or beneath an area subject to easement for highway
11purposes, including private sewage on-site wastewater treatment systems and
12stormwater treatment and dispersal systems, and the alteration of any such
13systems, drains or wastewater piping.
AB547, s. 54 14Section 54. 145.01 (12) of the statutes is amended to read:
AB547,26,2315 145.01 (12) Private sewage on-site wastewater treatment system. "Private
16sewage on-site wastewater treatment system" means a sewage treatment and
17disposal system serving a single structure with a septic tank and soil absorption field
18located on the same parcel as the structure. This term also means an alternative
19sewage system approved by the department including a substitute for the septic tank
20or soil absorption field, a holding tank, a system serving more than one structure or
21a system located on a different parcel than the structure. A private sewage on-site
22wastewater treatment
system may be owned by the property owner or by a special
23purpose district.
AB547, s. 55 24Section 55. 145.045 (1) of the statutes is amended to read:
AB547,27,9
1145.045 (1) Powers and duties. The department shall by rule establish an
2examining program for the certification of soil testers, setting such standards as the
3department finds necessary to accomplish the purposes of this chapter. Such
4standards shall include formal written examinations for all applicants. The
5department shall charge applicants for the cost of examination and certification.
6After July 1, 1974, no person may construct soil bore holes or conduct soil percolation
7tests or other similar tests specified by the department that relate to private sewage
8on-site wastewater treatment systems unless the person holds a valid certificate
9issued under this section.
AB547, s. 56 10Section 56. 145.045 (3) of the statutes is amended to read:
AB547,27,1411 145.045 (3) Plumbers and septic tank installers. A plumber or septic tank
12installer may also be a soil tester and install any system after approval of the site or
13project by the department or the governmental unit responsible for the regulation
14of private sewage on-site wastewater treatment systems.
AB547, s. 57 15Section 57. 145.07 (3) (a) of the statutes is amended to read:
AB547,27,1716 145.07 (3) (a) A specific record of not less than 1,000 hours per year experience
17for 3 or more consecutive years as a licensed journeyman plumber in this state; or
AB547, s. 58 18Section 58. 145.07 (5) of the statutes is amended to read:
AB547,27,2219 145.07 (5) Any resident who has been actively engaged in this state in a limited
20type of plumbing installation work for a period of not less than 1,000 hours per year
21for 2 or more consecutive years as a licensed journeyman plumber (restricted) may
22be examined for licensure as a master plumber (restricted).
AB547, s. 59 23Section 59. 145.08 (1m) of the statutes is repealed.
AB547, s. 60 24Section 60. 145.135 (title) of the statutes is repealed.
AB547, s. 61 25Section 61. 145.135 (1) (title) of the statutes is repealed.
AB547, s. 62
1Section 62. 145.135 (1) of the statutes is renumbered 145.19 (1b) and amended
2to read:
AB547,28,73 145.19 (1b) Definition. In this section, "sanitary permit" means a permit
4authorizing the installation of a private on-site wastewater treatment system that
5is
issued by the department or any governmental unit responsible for the regulation
6of private sewage on-site wastewater treatment systems for the installation of a
7private sewage system
.
AB547,28,13 8(1g) Permit required. No person may purchase or install a private sewage
9on-site wastewater treatment system unless the owner of the property on which the
10private sewage on-site wastewater treatment system is to be installed holds a valid
11sanitary permit issued under this section. No person may sell at retail, as defined
12under s. 100.201 (1) (d), a septic tank for installation in this state unless the
13purchaser holds a valid sanitary permit issued under this section
.
AB547,28,20 14(7) Period of validity. A sanitary permit is valid for 2 years from the date of
15issue and renewable for similar periods thereafter. A governmental unit responsible
16for the regulation of private sewage systems may not charge more than one fee for
17a sanitary permit or the renewal of a sanitary permit in any 12-month period.
A
18sanitary permit shall remain valid to the end of the established period,
19notwithstanding any change in the state plumbing code or in any private sewage
20on-site wastewater treatment system ordinance during that period.
AB547,28,23 21(8) Transfer of permit. A sanitary permit may be transferred from the holder
22to a subsequent owner of the land, except that the subsequent owner must obtain a
23new copy of the sanitary permit from the issuing agent.
AB547,29,6 24(1r) Test results. The results of any percolation test or other test relating to
25the disposal of liquid domestic wastes into the soil shall be retained by the

1governmental unit responsible for the regulation of private sewage systems where
2the property is located. The governmental unit responsible for the regulation of
3private sewage systems
shall make the test results available to an applicant for a
4sanitary permit and shall accept the test results as the basis for a sanitary permit
5application unless the soil at the test site is altered to the extent that a new soil test
6is necessary.
AB547, s. 63 7Section 63. 145.135 (2) (intro.) of the statutes is renumbered 145.19 (3m)
8(intro.), and 145.19 (3m) (title), as renumbered, is amended to read:
AB547,29,99 145.19 (3m) (title) Notice in permit.
AB547, s. 64 10Section 64. 145.135 (2) (a) to (f) of the statutes are renumbered 145.19 (3m)
11(a) to (f), and 145.19 (3m) (a), as renumbered, is amended to read:
AB547,29,1312 145.19 (3m) (a) The purpose of the sanitary permit is to allow installation of
13the private sewage on-site wastewater treatment system described in the permit.
AB547, s. 65 14Section 65. 145.14 (2) (a) of the statutes is amended to read:
AB547,29,2115 145.14 (2) (a) Systems or services. Persons classified under this paragraph may
16install septic tanks for private sewage on-site wastewater treatment systems, may
17install drain fields designed to serve such septic tanks, and may install sewer service
18from the septic tank or sewer extensions from mains to the immediate inside or
19proposed inside foundation wall of the building. Such persons may also install water
20services, stormwater use systems, and reclaimed water systems if the services or
21systems are to be located outside the foundation wall of the building.
AB547, s. 66 22Section 66. 145.19 (title) of the statutes is repealed and recreated to read:
AB547,29,23 23145.19 (title) Sanitary permits.
AB547, s. 67 24Section 67. 145.19 (1) (title) of the statutes is repealed.
AB547, s. 68
1Section 68. 145.19 (1) of the statutes is renumbered 145.19 (1m) and amended
2to read:
AB547,30,143 145.19 (1m) Application process. No septic tank may be purchased and no
4private sewage system may be installed unless the owner of the property on which
5the private sewage system is to be installed holds a valid sanitary permit from the
6governmental unit responsible for the regulation of private sewage systems in which
7the property is located.
The department shall prescribe the information to be
8included in the an application for a sanitary permit and furnish sanitary permit
9forms to the governmental unit
. The applicant shall submit the completed
10application for a sanitary permit to the governmental unit. The governmental unit
11shall approve or disapprove the sanitary permit according to the rules promulgated
12by the department under this chapter. No person may sell at retail, as defined under
13s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser
14holds a valid sanitary permit issued under this section.
AB547, s. 69 15Section 69. 145.19 (2) of the statutes is amended to read:
AB547,30,2216 145.19 (2) Fee. No fee for a sanitary permit may be less than $61, or the amount
17determined under department rule. The governing body for the governmental unit
18responsible for the regulation of private sewage on-site wastewater treatment
19systems may establish a fee for a sanitary permit which is more than $61, or the
20amount determined under department rule. A governmental unit may not charge
21more than one fee for a sanitary permit or the renewal of a sanitary permit in any
2212-month period.
AB547, s. 70 23Section 70. 145.19 (3) of the statutes is amended to read:
AB547,31,824 145.19 (3) Copy of permit Fees and records of permits forwarded to the
25department.
The governmental unit responsible for the regulation of private sewage

1on-site wastewater treatment systems shall forward a copy of each valid sanitary
2permit and $20, or the amount determined under department rule, of the fee
to the
3department within 90 days after the each valid permit is issued a copy of the permit
4and a portion of the fee, as determined under department rule. The governmental
5unit shall also compile a periodic summary of the permits that it has issued. The
6summary shall contain the information required by the department by rule, and
7shall be submitted by the governmental unit to the department at intervals to be
8determined by the department by rule
.
AB547, s. 71 9Section 71. 145.19 (4) of the statutes is amended to read:
AB547,31,1310 145.19 (4) Use of fee. The portion of this fee retained by the governmental unit
11responsible for the regulation of private sewage on-site wastewater treatment
12systems shall be used for the administration of private sewage on-site wastewater
13treatment
system programs.
AB547, s. 72 14Section 72. 145.19 (5) of the statutes is repealed.
AB547, s. 73 15Section 73. 145.19 (6) of the statutes is amended to read:
AB547,31,2216 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the
17governmental unit responsible for the regulation of private sewage on-site
18wastewater treatment
systems shall collect a groundwater fee of $25 for each
19sanitary permit. The governmental unit shall forward this fee to the department
20together with the copy of the sanitary permit and the fee under sub. (3). The moneys
21collected under this subsection shall be credited to the environmental fund for
22environmental management.
AB547, s. 74 23Section 74. 145.195 (1) of the statutes is amended to read:
AB547,32,424 145.195 (1) No county, city, town or village may issue a building permit for
25construction of any structure requiring connection to a private sewage on-site

1wastewater treatment
system unless a private sewage on-site wastewater
2treatment
system satisfying all applicable regulations already exists to serve the
3proposed structure or all permits necessary to install a private sewage on-site
4wastewater treatment
system have been obtained.
AB547, s. 75 5Section 75. 145.195 (2) of the statutes is amended to read:
AB547,32,116 145.195 (2) Before issuing a building permit for construction of any structure
7on property not served by a municipal sewage treatment plant, the county, city, town
8or village shall determine that the proposed construction does not interfere with a
9functioning private sewage on-site wastewater treatment system. The county, city,
10town or village may require building permit applicants to submit a detailed plan of
11the owner's existing private sewage on-site wastewater treatment system.
AB547, s. 76 12Section 76. 145.20 (title) of the statutes is amended to read:
AB547,32,13 13145.20 (title) Private sewage on-site wastewater treatment systems.
AB547, s. 77 14Section 77. 145.20 (1) (a) of the statutes is amended to read:
AB547,32,1915 145.20 (1) (a) The governing body of the governmental unit responsible for the
16regulation of private sewage on-site wastewater treatment systems may assign the
17duties of administering the private sewage on-site wastewater treatment system
18program to any office, department, committee, board, commission, position or
19employee of that governmental unit.
AB547, s. 78 20Section 78. 145.20 (1) (am) of the statutes is amended to read:
AB547,33,321 145.20 (1) (am) The governing body of the governmental unit responsible for
22the regulation of private sewage on-site wastewater treatment systems may
23delegate the duties of administering the private sewage on-site wastewater
24treatment
system program to a town sanitary district or public inland lake protection
25and rehabilitation district with the powers of a town sanitary district within the town

1sanitary district or public inland lake protection and rehabilitation district if the
2town sanitary district or public inland lake protection and rehabilitation district
3agrees to assume those duties.
AB547, s. 79 4Section 79. 145.20 (1) (b) of the statutes is amended to read:
AB547,33,85 145.20 (1) (b) The governmental unit responsible for the regulation of private
6sewage on-site wastewater treatment systems shall obtain the services of a certified
7soil tester, either as an employee or under contract, to review and verify certified soil
8tester reports under sub. (2).
AB547, s. 80 9Section 80. 145.20 (2) (intro.) of the statutes is amended to read:
AB547,33,1210 145.20 (2) Governmental unit responsibilities. (intro.) The governmental
11unit responsible for the regulation of private sewage on-site wastewater treatment
12systems shall:
AB547, s. 81 13Section 81. 145.20 (2) (a) of the statutes is amended to read:
AB547,33,1614 145.20 (2) (a) Review certified soil tester reports for proposed private sewage
15on-site wastewater treatment systems and verify the report at the proposed site, if
16necessary.
AB547, s. 82 17Section 82. 145.20 (2) (d) of the statutes is amended to read:
AB547,33,2118 145.20 (2) (d) Inspect all private sewage on-site wastewater treatment
19systems after construction but before backfilling no later than the end of the next
20workday, excluding Saturdays, Sundays and holidays, after receiving notice from the
21plumber in charge.
AB547, s. 83 22Section 83. 145.20 (2) (e) of the statutes is amended to read:
AB547,33,2523 145.20 (2) (e) File reports and conduct surveys and inspections as required by
24the governmental unit responsible for the regulation of private sewage on-site
25wastewater treatment
systems or the department.
AB547, s. 84
1Section 84. 145.20 (2) (f) of the statutes is amended to read:
AB547,34,52 145.20 (2) (f) Investigate violations of the private sewage on-site wastewater
3treatment
system ordinance and s. 254.59 (2), issue orders to abate the violations and
4submit orders to the district attorney, corporation counsel or attorney general for
5enforcement.
AB547, s. 85 6Section 85. 145.20 (2) (g) of the statutes is amended to read:
AB547,34,107 145.20 (2) (g) Perform other duties regarding private sewage on-site
8wastewater treatment
systems as considered appropriate by the governmental unit
9responsible for the regulation of private sewage on-site wastewater treatment
10systems or as required by the rules of the department.
AB547, s. 86 11Section 86. 145.20 (2) (h) of the statutes is amended to read:
AB547,34,1712 145.20 (2) (h) Inspect existing private sewage on-site wastewater treatment
13systems to determine compliance with s. 145.195 if a building or structure is being
14constructed which requires connection to an existing private sewage on-site
15wastewater treatment
system. The county is not required to conduct an on-site
16inspection if a building or structure is being constructed which does not require
17connection to an existing private sewage on-site wastewater treatment system.
AB547, s. 87 18Section 87. 145.20 (3) (a) 1. of the statutes is amended to read:
AB547,34,2219 145.20 (3) (a) 1. The department may specify categories of private sewage
20on-site wastewater treatment systems for which approval by the department is
21required prior to issuance of sanitary permits by the governmental unit responsible
22for the regulation of private sewage on-site wastewater treatment systems.
AB547, s. 88 23Section 88. 145.20 (3) (a) 2. of the statutes is amended to read:
AB547,35,1324 145.20 (3) (a) 2. The department may exempt a governmental unit from any
25category of private sewage on-site wastewater treatment systems for which

1departmental approval is required prior to sanitary permit issuance under subd. 1.,
2upon a determination, in accordance with rules promulgated by the department, that
3past performance of the governmental unit on reviews and audits under par. (b) has
4been satisfactory and that the governmental unit has the capacity to give the same
5level of application and plan review as that provided by the department. The
6department may revoke an exemption upon a finding that performance of the
7governmental unit on a review or audit conducted subsequent to the granting of the
8exemption is unsatisfactory or that the governmental unit is not giving the same
9level of application and plan review as that provided by the department. Findings
10in a revocation action may be made only after a public hearing upon 30 days' advance
11notice to the clerk of the governmental unit. The department shall submit a report
12under s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning
13of each legislative session, describing the exemptions under this subdivision.
AB547, s. 89 14Section 89. 145.20 (3) (b) of the statutes is amended to read:
AB547,35,2015 145.20 (3) (b) The department shall review the private sewage on-site
16wastewater treatment
system program in each governmental unit responsible for
17the regulation of private sewage on-site wastewater treatment systems to ascertain
18compliance with sub. (2) and with regulations issued by the department. This review
19shall include a random audit of sanitary permits, including verification by on-site
20inspection.
AB547, s. 90 21Section 90. 145.20 (3) (c) of the statutes is amended to read:
AB547,36,822 145.20 (3) (c) If the governing body for a governmental unit responsible for the
23regulation of private sewage on-site wastewater treatment systems does not adopt
24a private sewage on-site wastewater treatment system ordinance meeting the
25requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel

1meeting the requirements of sub. (1) or if the governmental unit does not comply with
2the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings
3in the county seat upon 30 days' notice to the county clerk. As soon as practicable
4after the public hearing, the department shall issue a written decision regarding
5compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department
6determines that there is a violation of these provisions, the governmental unit may
7not issue a sanitary permit for the installation of a private sewage on-site
8wastewater treatment
system until the violation is corrected.
AB547, s. 91 9Section 91. 145.20 (3) (d) of the statutes is amended to read:
AB547,36,1710 145.20 (3) (d) The department shall conduct training and informational
11programs for officials of the governmental unit responsible for the regulation of
12private sewage on-site wastewater treatment systems and employees and persons
13licensed under this chapter and s. 281.48 and certified as operators of septage
14servicing vehicles under s. 281.17 (3) to improve the delivery of service under the
15private sewage on-site wastewater treatment system program. The department
16shall obtain the assistance of the Wisconsin counties association in planning and
17conducting the training and informational programs.
AB547, s. 92 18Section 92. 145.20 (4) of the statutes is amended to read:
AB547,36,2319 145.20 (4) Special assessment for holding and septic tank pumping. A
20governmental unit may assess the owner of a private sewage on-site wastewater
21treatment
system for costs related to the pumping of a septic or holding tank. The
22governmental unit shall make any assessment in the same manner that a city, village
23or town makes an assessment under s. 66.0703.
AB547, s. 93 24Section 93. 145.20 (5) (a) of the statutes is amended to read:
AB547,37,14
1145.20 (5) (a) The department shall establish a maintenance program to be
2administered by governmental units responsible for the regulation of private sewage
3on-site wastewater treatment systems. The department shall determine the private
4sewage on-site wastewater treatment systems to which the maintenance program
5applies. At a minimum the maintenance program is applicable to all new or
6replacement private sewage on-site wastewater treatment systems constructed in
7a governmental unit after the date on which the governmental unit adopts this
8program. The department may apply the maintenance program by rule to private
9sewage on-site wastewater treatment systems constructed in a governmental unit
10responsible for the regulation of private sewage on-site wastewater treatment
11systems on or before the date on which the governmental unit adopts the program.
12The department shall determine the private sewage on-site wastewater treatment
13systems to which the maintenance program applies in governmental units that do
14not meet the conditions for eligibility under s. 145.245 (9).
AB547, s. 94 15Section 94. 145.20 (5) (am) of the statutes is amended to read:
AB547,37,2316 145.20 (5) (am) Each governmental unit responsible for the regulation of
17private sewage on-site wastewater treatment systems shall adopt and begin the
18administration of the program established under par. (a) before October 1, 2015. As
19part of adopting and administering the program, the governmental unit shall
20conduct and maintain an inventory of all the private sewage on-site wastewater
21treatment
systems located in the governmental unit and shall complete the initial
22inventory before October 1, 2013. In order to be eligible for grant funding under s.
23145.245, a governmental unit must comply with these deadlines.
AB547, s. 95 24Section 95. 145.20 (5) (b) of the statutes is amended to read:
AB547,38,12
1145.20 (5) (b) The maintenance program shall include a requirement of
2inspection or pumping of the private sewage on-site wastewater treatment system
3at least once every 3 years if the private sewage on-site wastewater treatment
4system does not have a maintenance plan as prescribed by rule by the department.
5Inspections may be conducted by a master plumber, journeyman plumber or
6restricted plumber licensed under this chapter, a person licensed under s. 281.48 or
7by an employee of the state or governmental unit designated by the department, and
8the department may determine by rule other persons who are qualified to undertake
9required inspection, maintenance, or repairs. The department shall specify the
10methods to establish the required frequency of inspection, maintenance, and
11pumping for each type of private sewage on-site wastewater treatment system that
12does not have a maintenance plan and shall periodically update the methods.
AB547, s. 96 13Section 96. 145.20 (6) (a) 2. of the statutes is amended to read:
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