145.20(3)(a)1.1. The department may specify categories of private sewage systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private sewage systems.
145.20(3)(a)2.
2. The department may exempt a governmental unit from any category of private sewage systems for which departmental approval is required prior to sanitary permit issuance under
subd. 1., upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under
par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department shall submit a report under
s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.
145.20(3)(b)
(b) The department shall review the private sewage system program in each governmental unit responsible for the regulation of private sewage systems to ascertain compliance with
sub. (2) and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.
145.20(3)(c)
(c) If the governing body for a governmental unit responsible for the regulation of private sewage systems does not adopt a private sewage system ordinance meeting the requirements of
s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of
sub. (1) or if the governmental unit does not comply with the requirements of
sub. (2) or
s. 145.19 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with
s. 59.70 (5) or
145.19 (3) or
sub. (1) or
(2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private sewage system until the violation is corrected.
145.20(3)(d)
(d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private sewage systems and employees and persons licensed under this chapter and
s. 281.48 and certified as operators of septage servicing vehicles under
s. 281.17 (3) to improve the delivery of service under the private sewage system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.
145.20(4)
(4) Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private sewage system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under
s. 66.0703.
145.20(5)(a)(a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage systems. The department shall determine the private sewage systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private sewage systems constructed in a governmental unit responsible for the regulation of private sewage systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under
s. 145.245 (9), except that the maintenance program in these governmental units does not commence until January 1, 2008.
145.20(5)(b)
(b) The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years if the private sewage system does not have a maintenance plan as prescribed by rule by the department. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under
s. 281.48 or by an employee of the state or governmental unit designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private sewage system that does not have a maintenance plan and shall periodically update the methods.
145.20(5)(c)
(c) The department of natural resources may suspend or revoke a license issued under
s. 281.48 or a certificate issued under
s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.
145.20 Cross-reference
Cross Reference: See also ch.
Comm 83, Wis. adm. code.
145.20 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
145.23
145.23
Rules. The department may make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made.
145.23 History
History: 1979 c. 221 ss.
607,
649.
145.24(1)(1) If an existing private sewage system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under
s. 145.02 or
145.13, the owner of the private sewage system may petition the department for a variance to the siting or design standards.
145.24(2)
(2) The department shall establish procedures for the review and evaluation of existing private sewage systems which do not comply with siting or design standards.
145.24(3)
(3) Upon receipt of a petition for a variance, the department shall require the owner of the private sewage system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private sewage system is not a failing private sewage system, and continued use of the existing private sewage system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private sewage system. The department shall rescind the variance if the existing private sewage system becomes a failing private sewage system or contaminates waters of the state.
145.24 History
History: 1983 a. 410.
145.245
145.245
Private sewage system replacement or rehabilitation. 145.245(1)(a)
(a) "Determination of failure" means any of the following:
145.245(1)(a)1.
1. A determination that a private sewage system is failing, according to the criteria under
sub. (4), based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department.
145.245(1)(ae)
(ae) "Governmental unit" means a governmental unit responsible for the regulation of private sewage systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.
145.245(1)(am)
(am) "Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes or bands or individual Indians and lands within the boundaries of a federally recognized reservation that are owned by Indian tribes or bands or individual Indians.
145.245(1)(b)
(b) "Participating governmental unit" means a governmental unit which applies to the department for financial assistance under
sub. (8) and which meets the conditions specified under
sub. (9).
145.245(1)(c)
(c) "Principal residence" means a residence which is occupied at least 51% of the year by the owner.
145.245(1)(dm)
(dm) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in
s. 101.01 (12), with such surface water or groundwater as may be present.
145.245(1)(e)
(e) "Small commercial establishment" means a commercial establishment or business place with a maximum daily waste water flow rate of less than 5,000 gallons per day.
145.245(4)
(4) Failing private sewage systems. The department shall establish criteria for determining if a private sewage system is a failing private sewage system. A failing private sewage system is one which causes or results in any of the following conditions:
145.245(4)(a)
(a) The discharge of sewage into surface water or groundwater.
145.245(4)(b)
(b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system.
145.245(4)(c)
(c) The discharge of sewage to a drain tile or into zones of bedrock.
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 private sewage system was installed before 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 private sewage system was installed before 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 federal adjusted gross income of the owner and the owner's spouse, if any, as computed for the taxable 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 federal income tax returns upon which the determination of federal adjusted gross income under
subd. 2. was made together with any application required by the governmental unit.
145.245(5)(c)4.
4. A governmental unit may disregard the federal income tax return that is submitted under
subd. 3. and may determine annual family income based upon satisfactory evidence of federal adjusted gross income or projected federal adjusted gross 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 federal adjusted gross income or projected federal 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 an individual's name appears on the statewide support lien docket under
s. 49.854 (2) (b). The department or a governmental unit shall deny an application under this section if the name of the applicant or an individual who would be directly benefited by the grant appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the applicant or individual who would be benefited by the grant provides to the department or governmental unit a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
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, except that a holding tank may not be used as the measure of the least costly method for rehabilitating or replacing a private sewage system other than a holding tank.
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)(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.
