145.19(1m)
(1m) Application process. The department shall prescribe the information to be included in an application for a sanitary permit. The applicant shall submit the completed application for a sanitary permit to the governmental unit. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department under this chapter.
145.19(1r)
(1r) Test results. The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit where the property is located. The governmental unit shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.
145.19(2)
(2) Fee. No fee for a sanitary permit may be less than the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than the amount determined under department rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.
145.19(3)
(3) Fees and records of permits forwarded to the department. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department within 90 days after each valid permit is issued a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule.
145.19(3m)
(3m) Notice in permit. A sanitary permit shall include a notice displayed conspicuously and separately on the permit form, to inform the permit holder that:
145.19(3m)(a)
(a) The purpose of the sanitary permit is to allow installation of the private on-site wastewater treatment system described in the permit.
145.19(3m)(b)
(b) The approval of the sanitary permit is based on regulations in force on the date of approval.
145.19(3m)(c)
(c) The sanitary permit is valid and may be renewed for a specified period.
145.19(3m)(d)
(d) Changed regulations will not impair the validity of a sanitary permit.
145.19(3m)(e)
(e) Renewal of the sanitary permit will be based on regulations in force at the time renewal is sought, and that changed regulations may impede renewal.
145.19(4)
(4) Use of fee. The portion of this fee retained by the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall be used for the administration of private on-site wastewater treatment system programs.
145.19(6)
(6) Groundwater fee. In addition to the fee under sub.
(2), the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the fee under sub.
(3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
145.19(7)
(7) Period of validity. A sanitary permit is valid for 2 years from the date of issue and renewable for similar periods thereafter. A sanitary permit shall remain valid to the end of the established period, notwithstanding any change in the state plumbing code or in any private on-site wastewater treatment system ordinance during that period.
145.19(8)
(8) Transfer of permit. A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent.
145.19 Cross-reference
Cross-reference: See also s.
SPS 302.67, Wis. adm. code.
145.195
145.195
Building on unsewered property. 145.195(1)(1)
No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private on-site wastewater treatment system unless a private on-site wastewater treatment system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install a private on-site wastewater treatment system have been obtained.
145.195(2)
(2) Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private on-site wastewater treatment system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private on-site wastewater treatment system.
145.195 History
History: 1977 c. 258;
1999 a. 150 s.
87; Stats. 1999 s. 145.195;
2007 a. 147;
2011 a. 146;
2015 a. 197 s.
51.
145.195 Cross-reference
Cross-reference: See also ch.
SPS 383, Wis. adm. code.
145.195 Annotation
An onsite inspection of an existing private sewage system must be made before a building permit may be issued for any type of construction requiring a connection to that system.
75 Atty. Gen. 38.
145.20
145.20
Private on-site wastewater treatment systems. 145.20(1)(a)
(a) The governing body of the governmental unit responsible for the regulation of private on-site wastewater treatment systems may assign the duties of administering the private on-site wastewater treatment system program to any office, department, committee, board, commission, position or employee of that governmental unit.
145.20(1)(am)
(am) The governing body of the governmental unit responsible for the regulation of private on-site wastewater treatment systems may delegate the duties of administering the private on-site wastewater treatment system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.
145.20(1)(b)
(b) The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under sub.
(2).
145.20(2)
(2) Governmental unit responsibilities. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall:
145.20(2)(a)
(a) Review certified soil tester reports for proposed private on-site wastewater treatment systems and verify the report at the proposed site, if necessary.
145.20(2)(b)
(b) Approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application.
145.20(2)(c)
(c) Issue written notice to each applicant whose sanitary permit application is disapproved. Each notice shall state the specific reasons for disapproval and amendments to the application, if any, which render the application approvable. Each notice shall also give notice of the applicant's right to appeal and the procedures for conducting an appeal under ch.
68.
145.20(2)(d)
(d) Inspect all private on-site wastewater treatment systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.
145.20(2)(e)
(e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or the department.
145.20(2)(f)
(f) Investigate violations of the private on-site wastewater treatment system ordinance and s.
254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.
145.20(2)(g)
(g) Perform other duties regarding private on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or as required by the rules of the department.
145.20(2)(h)
(h) Inspect existing private on-site wastewater treatment systems to determine compliance with s.
145.195 if a building or structure is being constructed which requires connection to an existing private on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.
145.20(3)(a)1.1. The department may specify categories of private on-site wastewater treatment 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 on-site wastewater treatment systems.
145.20(3)(a)2.
2. The department may exempt a governmental unit from any category of private on-site wastewater treatment 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 on-site wastewater treatment system program in each governmental unit responsible for the regulation of private on-site wastewater treatment 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 on-site wastewater treatment systems does not adopt a private on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment 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 on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s.
145.245 (9).
Effective date note
NOTE: Par. (a) is amended eff. 6-30-21 by
2017 Wis. Act 59 to read:
Effective date text
(a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment 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 on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program.
145.20(5)(am)
(am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par.
(a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s.
145.245, a governmental unit must comply with these deadlines.
Effective date note
NOTE: Par. (am) is amended eff. 6-30-21 by
2017 Wis. Act 59 to read:
Effective date text
(am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017.
145.20(5)(b)
(b) The maintenance program shall include a requirement of inspection or pumping of the private on-site wastewater treatment system at least once every 3 years if the private on-site wastewater treatment 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 on-site wastewater treatment 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 safety and professional services 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(6)
(6) Restrictions on reviewers and inspectors. 145.20(6)(a)(a) Except as provided in par.
(b), a governmental unit employee who has responsibilities related to any of the activities under sub.
(2) (a) to
(i) may not do any of the following in the county in which the employee is employed or in an adjacent county:
145.20(6)(a)1.
1. Conduct any activities for which certification is required under s.
145.045 (1), except that the employee may review and verify soil tester reports as provided in sub.
(2) (a).
145.20(6)(a)2.
2. Install, design, maintain, repair, or sell a private on-site wastewater treatment system, component of a private on-site wastewater treatment system, drain field designed to serve a private on-site wastewater treatment system, or pipe from a private on-site wastewater treatment system to the immediate inside of the existing or proposed foundation wall of the building served by the private on-site wastewater treatment system.
145.20(6)(b)
(b) Paragraph
(a) does not apply to activities performed by an employee on property owned by the employee that is outside of the governmental unit for which the employee works.
145.20 Cross-reference
Cross-reference: See also ch.
SPS 383, 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 on-site wastewater treatment 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, the owner of the private on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private on-site wastewater treatment system is not a failing private on-site wastewater treatment system, and continued use of the existing private on-site wastewater treatment 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 on-site wastewater treatment system. The department shall rescind the variance if the existing private on-site wastewater treatment system becomes a failing private on-site wastewater treatment system or contaminates waters of the state.
145.245
145.245
Private on-site wastewater treatment 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 on-site wastewater treatment system is failing, according to the criteria under sub.
(4), based on an inspection of the private on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private on-site wastewater treatment systems by the department.
145.245(1)(ae)
(ae) “Governmental unit" means a governmental unit responsible for the regulation of private on-site wastewater treatment 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 percent 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 on-site wastewater treatment systems. The department shall establish criteria for determining if a private on-site wastewater treatment system is a failing private on-site wastewater treatment system. A failing private on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment system.
