SB453,38,2521 145.24 (1) If an existing private sewage on-site wastewater treatment system
22either is not located in soil meeting the siting standards or is not constructed in
23accordance with design standards promulgated under s. 145.02 or 145.13, the owner
24of the private sewage on-site wastewater treatment system may petition the
25department for a variance to the siting or design standards.
SB453, s. 98
1Section 98. 145.24 (2) of the statutes is amended to read:
SB453,39,42 145.24 (2) The department shall establish procedures for the review and
3evaluation of existing private sewage on-site wastewater treatment systems which
4do not comply with siting or design standards.
SB453, s. 99 5Section 99. 145.24 (3) of the statutes is amended to read:
SB453,39,176 145.24 (3) Upon receipt of a petition for a variance, the department shall
7require the owner of the private sewage on-site wastewater treatment system to
8submit information necessary to evaluate the request for a variance. If the
9department determines that the existing private sewage on-site wastewater
10treatment
system is not a failing private sewage on-site wastewater treatment
11system, and continued use of the existing private sewage on-site wastewater
12treatment
system will not pose a threat of contamination of waters of the state, then
13the department may issue a variance to allow continued use of the existing private
14sewage on-site wastewater treatment system. The department shall rescind the
15variance if the existing private sewage on-site wastewater treatment system
16becomes a failing private sewage on-site wastewater treatment system or
17contaminates waters of the state.
SB453, s. 100 18Section 100. 145.245 (title) of the statutes is amended to read:
SB453,39,20 19145.245 (title) Private sewage on-site wastewater treatment system
20replacement or rehabilitation.
SB453, s. 101 21Section 101. 145.245 (1) (a) 1. of the statutes is amended to read:
SB453,40,222 145.245 (1) (a) 1. A determination that a private sewage on-site wastewater
23treatment
system is failing, according to the criteria under sub. (4), based on an
24inspection of the private sewage on-site wastewater treatment system by an

1employee of the state or a governmental unit who is certified to inspect private
2sewage on-site wastewater treatment systems by the department.
SB453, s. 102 3Section 102. 145.245 (1) (ae) of the statutes is amended to read:
SB453,40,74 145.245 (1) (ae) "Governmental unit" means a governmental unit responsible
5for the regulation of private sewage on-site wastewater treatment systems.
6"Governmental unit" also includes a federally recognized American Indian tribe or
7band.
SB453, s. 103 8Section 103. 145.245 (4) (intro.) of the statutes is amended to read:
SB453,40,139 145.245 (4) Failing private sewage on-site wastewater treatment systems.
10(intro.) The department shall establish criteria for determining if a private sewage
11on-site wastewater treatment system is a failing private sewage on-site wastewater
12treatment
system. A failing private sewage on-site wastewater treatment system
13is one which causes or results in any of the following conditions:
SB453, s. 104 14Section 104. 145.245 (4) (b) of the statutes is amended to read:
SB453,40,1715 145.245 (4) (b) The introduction of sewage into zones of saturation which
16adversely affects the operation of a private sewage on-site wastewater treatment
17system.
SB453, s. 105 18Section 105. 145.245 (4) (e) of the statutes is amended to read:
SB453,40,2119 145.245 (4) (e) The failure to accept sewage discharges and back up of sewage
20into the structure served by the private sewage on-site wastewater treatment
21system.
SB453, s. 106 22Section 106. 145.245 (4m) (intro.) of the statutes is amended to read:
SB453,41,223 145.245 (4m) Categories of failing private sewage on-site wastewater
24treatment
systems. (intro.) For the purposes of this section, the department shall

1establish the category of each failing private sewage on-site wastewater treatment
2system for which a grant application is submitted, as follows:
SB453, s. 107 3Section 107. 145.245 (4m) (a) of the statutes is amended to read:
SB453,41,54 145.245 (4m) (a) Category 1: failing private sewage on-site wastewater
5treatment
systems described in sub. (4) (a) to (c).
SB453, s. 108 6Section 108. 145.245 (4m) (b) of the statutes is amended to read:
SB453,41,87 145.245 (4m) (b) Category 2: failing private sewage on-site wastewater
8treatment
systems described in sub. (4) (d).
SB453, s. 109 9Section 109. 145.245 (4m) (c) of the statutes is amended to read:
SB453,41,1110 145.245 (4m) (c) Category 3: failing private sewage on-site wastewater
11treatment
systems described in sub. (4) (e).
SB453, s. 110 12Section 110. 145.245 (5) (a) 1. of the statutes is amended to read:
SB453,41,2113 145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or
14she owns a principal residence which is served by a category 1 or 2 failing private
15sewage on-site wastewater treatment system, if the private sewage on-site
16wastewater treatment
system was installed before July 1, 1978, if the family income
17of the person does not exceed the income limitations under par. (c), if the amount of
18the grant determined under sub. (7) is at least $100, if the residence is not located
19in an area served by a sewer and if determination of failure is made prior to the
20rehabilitation or replacement of the failing private sewage on-site wastewater
21treatment
system.
SB453, s. 111 22Section 111. 145.245 (5) (a) 2. of the statutes is amended to read:
SB453,42,523 145.245 (5) (a) 2. A business is eligible for grant funds under this section if it
24owns a small commercial establishment which is served by a category 1 or 2 failing
25private sewage on-site wastewater treatment system, if the private sewage on-site

1wastewater treatment
system was installed before July 1, 1978, if the gross revenue
2of the business does not exceed the limitation under par. (d), if the small commercial
3establishment is not located in an area served by a sewer and if a determination of
4failure is made prior to the rehabilitation or replacement of the private sewage
5on-site wastewater treatment system.
SB453, s. 112 6Section 112. 145.245 (5) (a) 3. of the statutes is amended to read:
SB453,42,127 145.245 (5) (a) 3. A person who owns a principal residence or small commercial
8establishment which is served by a category 1 or 2 failing private sewage on-site
9wastewater treatment
system may submit an application for grant funds during the
103-year period after the determination of failure is made. Grant funds may be
11awarded after work is completed if rehabilitation or replacement of the system meets
12all requirements of this section and rules promulgated under this section.
SB453, s. 113 13Section 113. 145.245 (5m) (a) of the statutes is amended to read:
SB453,42,1914 145.245 (5m) (a) The department or a governmental unit shall deny a grant
15application under this section if the applicant or a person who would be directly
16benefited by the grant intentionally caused the conditions which resulted in a
17category 1 or 2 failing private sewage on-site wastewater treatment system. The
18department or governmental unit shall notify the applicant in writing of a denial,
19including the reason for the denial.
SB453, s. 114 20Section 114. 145.245 (6) (a) of the statutes is amended to read:
SB453,43,221 145.245 (6) (a) Except for grants under par. (b), funds available under a grant
22under this section shall be applied to the rehabilitation or replacement of the private
23sewage on-site wastewater treatment system. An existing private sewage on-site
24wastewater treatment
system may be replaced by an alternative private sewage

1on-site wastewater treatment system or by a system serving more than one principal
2residence.
SB453, s. 115 3Section 115. 145.245 (6) (b) of the statutes is amended to read:
SB453,43,74 145.245 (6) (b) Funds available under a grant under this section for
5experimental private sewage on-site wastewater treatment systems shall be applied
6to the installation and monitoring of the experimental private sewage on-site
7wastewater treatment
systems.
SB453, s. 116 8Section 116. 145.245 (7) (a) of the statutes is amended to read:
SB453,43,139 145.245 (7) (a) Except as provided in par. (e), costs allowable in determining
10grant funding under this section may not exceed the costs of rehabilitating or
11replacing a private sewage on-site wastewater treatment system which would be
12necessary to allow the rehabilitated system or new system to meet the minimum
13requirements of the state plumbing code promulgated under s. 145.13.
SB453, s. 117 14Section 117. 145.245 (7) (b) of the statutes is amended to read:
SB453,43,2015 145.245 (7) (b) Except as provided in par. (e), costs allowable in determining
16grant funding under this section may not exceed the costs of rehabilitating or
17replacing a private sewage on-site wastewater treatment system by the least costly
18methods, except that a holding tank may not be used as the measure of the least
19costly method for rehabilitating or replacing a private sewage on-site wastewater
20treatment
system other than a holding tank.
SB453, s. 118 21Section 118. 145.245 (7) (c) of the statutes is amended to read:
SB453,44,1522 145.245 (7) (c) Except as provided in pars. (d) and (e), the state grant share
23under this section is limited to $7,000 for each principal residence or small
24commercial establishment to be served by the private sewage on-site wastewater
25treatment
system or to the amount determined by the department based upon

1private sewage on-site wastewater treatment system grant funding tables,
2whichever is less. The department shall prepare and publish private sewage on-site
3wastewater treatment
system grant funding tables which specify the maximum
4state share limitation for various components and costs involved in the
5rehabilitation or replacement of a private sewage on-site wastewater treatment
6system based upon minimum size and other requirements specified in the state
7plumbing code promulgated under s. 145.02. The maximum state share limitations
8shall be designed to pay approximately 60% of the average allowable cost of private
9sewage on-site wastewater treatment system rehabilitation or replacement based
10upon estimated or actual costs of that rehabilitation or replacement. The
11department shall revise the grant funding tables when it determines that 60% of
12current costs of private sewage on-site wastewater treatment system rehabilitation
13or replacement exceed the amounts in the grant funding tables by more than 10%,
14except that the department may not revise the grant funding tables more often than
15once every 2 years.
SB453, s. 119 16Section 119. 145.245 (7) (d) of the statutes is amended to read:
SB453,44,2117 145.245 (7) (d) Except as provided in par. (e), if the income of a person who owns
18a principal residence that is served by a category 1 or 2 failing private sewage on-site
19wastewater treatment
system is greater than $32,000, the amount of the grant under
20this section is limited to the amount determined under par. (c) less 30% of the amount
21by which the person's income exceeds $32,000.
SB453, s. 120 22Section 120. 145.245 (7) (e) of the statutes is amended to read:
SB453,45,423 145.245 (7) (e) Costs allowable for experimental private sewage on-site
24wastewater treatment
systems shall include the costs of installing and monitoring
25experimental private sewage on-site wastewater treatment systems installed under

1s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify
2how the department will select, monitor and allocate the state share for
3experimental private sewage on-site wastewater treatment systems that the
4department funds under this section.
SB453, s. 121 5Section 121. 145.245 (8) (a) of the statutes is amended to read:
SB453,45,136 145.245 (8) (a) In order to be eligible for a grant under this section, a
7governmental unit shall make an application for replacement or rehabilitation of
8private sewage on-site wastewater treatment systems of principal residences or
9small commercial establishments and shall submit an application for participation
10to the department. The application shall be in the form and include the information
11the department prescribes. In order to be eligible for funds available in a fiscal year,
12an application is required to be received by the department prior to February 1 of the
13previous fiscal year.
SB453, s. 122 14Section 122. 145.245 (9) (b) of the statutes is amended to read:
SB453,45,1915 145.245 (9) (b) Certify that grants will be used for private sewage on-site
16wastewater treatment
system replacement or rehabilitation for a principal
17residence or small commercial establishment owned by a person who meets the
18eligibility requirements under sub. (5), that the funds will be used as provided under
19sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);
SB453, s. 123 20Section 123. 145.245 (9) (c) of the statutes is amended to read:
SB453,45,2221 145.245 (9) (c) Certify that grants will be used for private sewage on-site
22wastewater treatment
systems which will be properly installed and maintained;
SB453, s. 124 23Section 124. 145.245 (9) (e) of the statutes is amended to read:
SB453,45,2524 145.245 (9) (e) Establish a process for regulation and inspection of private
25sewage on-site wastewater treatment systems;
SB453, s. 125
1Section 125. 145.245 (11) (e) of the statutes is amended to read:
SB453,46,52 145.245 (11) (e) Limitation; experimental private sewage on-site wastewater
3treatment
systems. The department may not allocate more than 10% of the funds
4available under this subsection each fiscal year for grants for the installation and
5monitoring of experimental private sewage on-site wastewater treatment systems.
SB453, s. 126 6Section 126. 145.245 (11m) (b) of the statutes is amended to read:
SB453,46,107 145.245 (11m) (b) Except as provided in par. (d), if funds are sufficient to fully
8fund all category 1 but not all category 2 failing private sewage on-site wastewater
9treatment
systems, the department shall fully fund all category 1 systems and
10prorate the funds for category 2 systems on a proportional basis.
SB453, s. 127 11Section 127. 145.245 (11m) (c) of the statutes is amended to read:
SB453,46,1512 145.245 (11m) (c) Except as provided in par. (d), if funds are not sufficient to
13fully fund all category 1 failing private sewage on-site wastewater treatment
14systems, the department shall fund the category 1 systems on a proportional basis
15and deny the grant applications for all category 2 systems.
SB453, s. 128 16Section 128. 145.245 (11m) (d) of the statutes is amended to read:
SB453,46,1917 145.245 (11m) (d) The department is not required to prorate available funds
18for grants for the installation and monitoring of experimental private sewage on-site
19wastewater treatment
systems.
SB453, s. 129 20Section 129. 145.245 (13) of the statutes is amended to read:
SB453,46,2521 145.245 (13) Inspection. Agents of the department or the governmental unit
22may enter premises where private sewage on-site wastewater treatment systems
23are located pursuant to a special inspection warrant as required under s. 66.0119,
24to collect samples, records and information and to ascertain compliance with the
25rules and orders of the department or the governmental unit.
SB453, s. 130
1Section 130. 145.245 (14) (d) of the statutes is amended to read:
SB453,47,62 145.245 (14) (d) Additional grants under this section to a governmental unit
3previously awarded a grant under this section may be suspended or terminated if the
4department finds that a private sewage on-site wastewater treatment system
5previously funded in the governmental unit is not being or has not been properly
6rehabilitated, constructed, installed or maintained.
SB453, s. 131 7Section 131. 157.12 (1) of the statutes, as affected by 2011 Wisconsin Act 32,
8is repealed.
SB453, s. 132 9Section 132. 160.255 (title) of the statutes is amended to read:
SB453,47,11 10160.255 (title) Exceptions for private sewage on-site wastewater
11treatment
systems.
SB453, s. 133 12Section 133. 160.255 (1) of the statutes is amended to read:
SB453,47,1413 160.255 (1) In this section, "private sewage on-site wastewater treatment
14system" has the meaning given in s. 145.01 (12).
SB453, s. 134 15Section 134. 160.255 (2) of the statutes is amended to read:
SB453,47,2016 160.255 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency
17is not required to promulgate or amend rules that define design or management
18criteria for private sewage on-site wastewater treatment systems to minimize the
19amount of nitrate in groundwater or to maintain compliance with the preventive
20action limit for nitrate.
SB453, s. 135 21Section 135. 160.255 (3) of the statutes is amended to read:
SB453,47,2522 160.255 (3) Notwithstanding s. 160.19 (3), a regulatory agency may
23promulgate rules that define design or management criteria for private sewage
24on-site wastewater treatment systems that permit the enforcement standard for
25nitrate to be attained or exceeded at the point of standards application.
SB453, s. 136
1Section 136. 160.255 (4) of the statutes is amended to read:
SB453,48,62 160.255 (4) Notwithstanding s. 160.21, a regulatory agency is not required to
3promulgate rules that set forth responses that the agency may take, or require to be
4taken, when the preventive action limit or enforcement standard for nitrate is
5attained or exceeded at the point of standards application if the source of the nitrate
6is a private sewage on-site wastewater treatment system.
SB453, s. 137 7Section 137. 160.255 (5) of the statutes is amended to read:
SB453,48,128 160.255 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not
9required to take any responses for a specific site at which the preventive action limit
10or enforcement standard for nitrate is attained or exceeded at the point of standards
11application if the source of the nitrate is a private sewage on-site wastewater
12treatment
system.
SB453, s. 138 13Section 138. 168.11 (1) (b) 1. of the statutes is amended to read:
SB453,48,1714 168.11 (1) (b) 1. A device that dispenses a gasoline-ethanol fuel blend for sale
15at retail shall be marked or labeled with the percentage of ethanol , using one-half
16inch high letters with a stroke of not less than one-eighth inch in width,
at all times
17when the product is offered for sale.
SB453, s. 139 18Section 139. 200.21 (11) of the statutes is amended to read:
SB453,48,2219 200.21 (11) "Sewerage system" means all facilities of the district for collection,
20transportation, storage, pumping, treatment and final disposition of sewage.
21"Sewerage system" does not include any private sewage on-site wastewater
22treatment
system, as defined in s. 145.01 (12), or any local sewer.
SB453, s. 140 23Section 140. 200.29 (1) (c) 3. a. of the statutes is amended to read:
SB453,49,224 200.29 (1) (c) 3. a. The weight to be given to the need for private sewage on-site
25wastewater treatment
systems, as defined in s. 145.01 (12), to maintain the public

1health and welfare in any area located within the district prior to a redefinition of
2the boundary but located outside the district after any redefinition of the boundary.
SB453, s. 141 3Section 141. 236.13 (2m) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
SB453,49,185 236.13 (2m) As a further condition of approval when lands included in the plat
6lie within 500 feet of the ordinary high-water mark of any navigable stream, lake
7or other body of navigable water or if land in the proposed plat involves lake or stream
8shorelands referred to in s. 236.16, the department of natural resources, to prevent
9pollution of navigable waters, or the department of safety and professional services,
10to protect the public health and safety, may require assurance of adequate drainage
11areas for private sewage disposal on-site wastewater treatment systems and
12building setback restrictions, or provisions by the owner for public sewage disposal
13facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as
14defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public
15sewage disposal facilities may consist of one or more systems as the department of
16natural resources or the department of safety and professional services determines
17on the basis of need for prevention of pollution of the waters of the state or protection
18of public health and safety.
SB453, s. 142 19Section 142. 281.41 (3) (a) of the statutes is amended to read:
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