145.245(4)(d)
(d) The discharge of sewage to the surface of the ground.
145.245(4)(e)
(e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system.
145.245(4m)
(4m) Categories of failing private sewage systems. For the purposes of this section, the department shall establish the category of each failing private sewage system for which a grant application is submitted, as follows:
145.245(5)(a)1.1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage system, if the residence was constructed prior to and inhabited on July 1, 1978, if the family income of the person does not exceed the income limitations under
par. (c), if the amount of the grant determined under
sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.
145.245(5)(a)2.
2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private sewage system, if the small commercial establishment was constructed prior to July 1, 1978, if the gross revenue of the business does not exceed the limitation under
par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage system.
145.245(5)(a)3.
3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private sewage system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.
145.245(5)(b)
(b) Each principal residence or small commercial establishment may receive only one grant under this section.
145.245(5)(c)1.1. In order to be eligible for grant funds under this section, the annual family income of the person who owns the principal residence may not exceed $45,000.
145.245(5)(c)2.
2. Except as provided under
subd. 4., annual family income shall be based upon the adjusted gross income of the owner and the owner's spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the determination of failure is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year in which the determination of failure is made.
145.245(5)(c)3.
3. In order to be eligible for grant funds under this section, a person shall submit a copy of the designated income tax returns for the taxable year prior to the year in which the determination of failure is made together with any application required by the governmental unit. For taxable year 1985 and earlier, the person shall submit a copy of his or her individual or combined Wisconsin income tax return. For taxable year 1986 and thereafter, the person shall submit a copy of his or her joint Wisconsin income tax return or, if filing separately, his or her separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any.
145.245(5)(c)4.
4. A governmental unit may disregard the Wisconsin income tax return for the taxable year prior to the year in which the determination of failure is made and may determine annual family income based upon satisfactory evidence of adjusted gross income or projected taxable income of the owner and the owner's spouse in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of adjusted gross income or projected adjusted gross income in a current year.
145.245(5)(d)1.1. In order to be eligible for grant funds under this section, the annual gross revenue of the business that owns the small commercial establishment may not exceed $362,500.
145.245(5)(d)2.
2. Except as provided in
subd. 4., annual gross revenue shall be based upon the gross revenue of the business for the taxable year prior to the year in which the determination of failure is made. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a prior taxable year.
145.245(5)(d)3.
3. In order to be eligible for grant funds under this section, a business shall submit documentation required by the department under
subd. 2. together with any application required by the governmental unit.
145.245(5)(d)4.
4. A governmental unit may disregard the documentation of gross revenue for the taxable year prior to the year in which the determination of failure is made and may determine annual gross revenue based upon satisfactory evidence of gross revenue of the business in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a current year.
145.245(5)(e)
(e) The department of revenue shall, upon request by the department, verify the income information submitted by an applicant or grant recipient.
145.245(5m)(a)(a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private sewage system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.
145.245(5m)(b)
(b) The department shall notify a governmental unit if it receives a certification under
s. 49.855 (7) that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. The department or a governmental unit shall deny an application under this section if the department receives a certification under
s. 49.855 (7) that the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
145.245(6)(a)(a) Except for grants under
par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private sewage system. An existing private sewage system may be replaced by an alternative private sewage system or by a system serving more than one principal residence.
145.245(6)(b)
(b) Funds available under a grant under this section for experimental private sewage systems shall be applied to the installation and monitoring of the experimental private sewage systems.
145.245(7)(a)(a) Except as provided in
par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private sewage system which would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under
s. 145.13.
145.245(7)(b)
(b) Except as provided in
par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private sewage system by the least costly methods.
145.245(7)(c)
(c) Except as provided in
pars. (d) and
(e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private sewage system or to the amount determined by the department based upon private sewage system grant funding tables, whichever is less. The department shall prepare and publish private sewage system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private sewage system based upon minimum size and other requirements specified in the state plumbing code promulgated under
s. 145.02. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private sewage system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.
145.245(7)(d)
(d) Except as provided in
par. (e), if the income of a person who owns a principal residence that is served by a category 1 or 2 failing private sewage system is greater than $32,000, the amount of the grant under this section is limited to the amount determined under
par. (c) less 30% of the amount by which the person's income exceeds $32,000.
145.245(7)(e)
(e) Costs allowable for experimental private sewage systems shall include the costs of installing and monitoring experimental private sewage systems installed under
s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private sewage systems that the department funds under this section.
145.245(8)(a)(a) In order to be eligible for a grant under this section, a governmental unit shall make an application for replacement or rehabilitation of private sewage systems of principal residences or small commercial establishments and shall submit an application for participation to the department. The application shall be in the form and include the information the department prescribes. In order to be eligible for funds available in a fiscal year, an application is required to be received by the department prior to February 1 of the previous fiscal year.
145.245(8)(b)
(b) An American Indian tribe or band may submit an application for participation for any Indian lands under its jurisdiction.
145.245(9)
(9) Conditions; governmental units. As a condition for obtaining a grant under this section, a governmental unit shall:
145.245(9)(a)
(a) Adopt and administer the maintenance program established under
sub. (3);
145.245(9)(b)
(b) Certify that grants will be used for private sewage system replacement or rehabilitation for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements under
sub. (5), that the funds will be used as provided under
sub. (6) and that allowable costs will not exceed the amount permitted under
sub. (7);
145.245(9)(c)
(c) Certify that grants will be used for private sewage systems which will be properly installed and maintained;
145.245(9)(d)
(d) Certify that grants provided to the governmental unit will be disbursed to eligible owners;
145.245(9)(e)
(e) Establish a process for regulation and inspection of private sewage systems;
145.245(9)(f)
(f) Establish a system of user charges and cost recovery if the governmental unit considers this system to be appropriate. User charges and cost recovery may include the cost of the grant application fee and the cost of supervising installation and maintenance; and
145.245(9)(g)
(g) Establish a system which provides for the distribution of grant funds received among eligible applicants based on the amount requested in the application as approved by the department. If the amount received by a county is insufficient to fully fund all grants, the county shall prorate grant funds on the same basis as
sub. (11m).
145.245(10)
(10) Assistance. The department shall make its staff available to provide technical assistance to each governmental unit. The department shall prepare and distribute to each participating governmental unit a manual of procedures for the grant program under this section.
145.245(11)(b)(b)
Determination of eligible applications. At the beginning of each fiscal year the department shall determine the state grant share for applications from eligible owners received by participating governmental units. The department may revise this determination if a governmental unit does not meet the conditions specified under
sub. (9) or if it determines that individuals do not meet eligibility requirements under
sub. (5).
145.245(11)(c)
(c)
Allocation. The department shall allocate available funds for grants to each participating governmental unit according to the total amount of the state grant share for all eligible applications received by that governmental unit.
145.245(11)(d)
(d)
Limitation; commercial establishments. The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for small commercial establishments.
145.245(11)(e)
(e)
Limitation; experimental private sewage systems. The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private sewage systems.
145.245(11m)(a)(a) Except as provided in
par. (d), the department shall prorate available funds under this subsection if funds are not sufficient to fully fund all applications. A prorated payment shall be deemed full payment of the grant.
145.245(11m)(b)
(b) Except as provided in
par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private sewage systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.
145.245(11m)(c)
(c) Except as provided in
par. (d), if funds are not sufficient to fully fund all category 1 failing private sewage systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.
145.245(11m)(d)
(d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private sewage systems.
145.245(12)
(12) Determination of eligibility; disbursement of grants. 145.245(12)(a)(a) The department shall review applications for participation in the state program submitted under
sub. (8). The department shall determine if a governmental unit submitting an application meets the conditions specified under
sub. (9).
145.245(12)(b)
(b) The department shall promulgate rules which shall define payment mechanisms to be used to disburse grants to a governmental unit.
145.245(13)
(13) Inspection. Agents of the department or the governmental unit may enter premises where private sewage systems are located pursuant to a special inspection warrant as required under
s. 66.122, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.
145.245(14)(a)(a) If the department has reason to believe that a violation of this section or any rule promulgated under this section has occurred, it may:
145.245(14)(a)1.
1. Cause written notice to be served upon the alleged violator. The notice shall specify the alleged violation, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon this request and after due notice, the department shall hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or
145.245(14)(b)
(b) If after the hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the violation or for other corrective action. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.
145.245(14)(d)
(d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private sewage system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.
145.245(15)
(15) Penalties. Any person who violates this section or a rule or order promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.
145.26
145.26
Public swimming pool plan review. 145.26(1)
(1) In this section, "public swimming pool" means a fixed or mobile structure, basin, chamber or tank and appurtenant buildings and equipment that serve or are installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a club, an association, a housing development, a school, a religious, charitable or youth organization, an educative or rehabilitative facility or another entity. "Public swimming pool" does not mean a fixed or mobile structure, basin, chamber or tank that only serves fewer than 3 individual residences.
145.26(2)
(2) The department shall, in advance of construction, alteration or reconstruction, review and approve plans and specifications for the construction, alteration or reconstruction of public swimming pools or water recreation attractions or the alteration of public swimming pool equipment in this state.
145.26(3)
(3) The department shall require payment of fees that are established by rule for the review of plans and specifications for the construction, alteration or reconstruction of public swimming pools or water recreation attractions or the alteration of public swimming pool equipment.
145.26(4)
(4) No one may maintain, manage or operate a public swimming pool or water recreation attraction for which construction, alteration or reconstruction is made after January 1, 1990, unless all of the following have taken place:
145.26(4)(a)
(a) The department has reviewed and approved the construction, alteration or reconstruction under
sub. (2).
145.26(4)(c)
(c) The construction, alteration or reconstruction of the public swimming pool or water recreation attraction conforms to the plans and specifications approved by the department under
sub. (2).
145.26(5)
(5) The department shall promulgate rules establishing all of the following:
145.26(5)(b)
(b) The amounts of fees to perform review of plans and specifications as specified in
sub. (2).
145.26(6)
(6) Whoever violates this section or the rules promulgated under this section may be fined not less than $100 nor more than $5,000. Each day of continued violation constitutes a separate offense.
145.26 History
History: 1989 a. 31;
1993 a. 16 ss.
2402,
2561,
2562; Stats. 1993 s. 145.26.
