• Section SPS 385.60 (2) is revised to adequately reflect the current use of Interpretative Determination Reports (IDR). • The rule revises the format and updates the financial tables (Tables 387.30-1 to 387.30-6) used for the Wisconsin Fund.
• Section SPS 387.03 (9) (c) is repealed to incorporate 2017 Wisconsin Act 59, relating to loans to governmental units. • Several definitions in ch. SPS 387 are repealed due to redundancy. These terms are already defined in ch. SPS 381, which apply to chs. 381 to 387.
• Section SPS 391.11 (2) amends the NSF standard from NSF 41 to NSF Protocol P157 to reflect the appropriate standard for electric incinerating toilets. • Section SPS 391.20 (3) (c) creates a provision to incorporate by reference NSF Protocol P157. • Additional revisions were made throughout the rule to improve clarity and comply with rule drafting requirements.
Summary of, and comparison with, existing or proposed federal regulation:
Under 7 CFR 1924.107, utilities, all development under this subpart must have adequate, economic, safe, energy efficient, dependable utilities with sufficient easements for installation and maintenance. (Utilities include POWTS.) Under 40 CFR 35.918, individual systems and the requirements for discharge of effluents, the U.S. EPA has the authority to prescribe requirements for individual on-site wastewater treatment systems, as well as the provisions of financial assistance. In addition, best practicable waste treatment criteria published by EPA under section 304 (d) (2) of this Act shall be met for disposal of effluent on or into the soil from individual POWTS systems. Under 40 CFR, subch. B, part 31, this rule establishes uniform criteria for POWTS where financial assistance is available on the state and local levels.
Comparison with rules in adjacent states:
Illinois: The Illinois Department of Public Health (IDPH) regulates the installation of all private sewage disposal systems that have no surface discharge. There are approximately 90 local health agencies in Illinois that review plans, either by authority of a local ordinance or as an agent of the Department. IDPH also licenses or certifies Private Sewage Disposal Installation Contractors, Private Sewage Disposal Pumping Contractors, Portable Sanitation Businesses, Portable Sanitation Technicians and Portable Sanitation Technician Trainees. Effective January 1, 2014, the State of Illinois enacted new changes to the Private Sewage Disposal Code. The new changes included new approval, inspection, maintenance, and record-keeping requirements. No state funding program or mechanism exists in Illinois to assist homeowners replacing failing systems or installing new systems.
Iowa: Requirements relating to the design, location, installation, use and maintenance of installation private sewage systems can be found in Chapters 64 and 69 of the Iowa Administrative Code. IAC 567-Chapter 69, Private Sewage Disposal Systems of the Iowa Department of Natural Resources, regulates domestic wastewater from 4 homes or less or non-residential wastewater with a flow of less than 1,500 gallons per day. Private sewer systems are regulated by local boards of health in conjunction with the Iowa Department of Natural Resources. The DNR standards are primarily a prescriptive code giving design criteria for each alternative type of secondary treatment system permitted. Counties have the authority to allow alternative or innovative performance based systems and are required to enter basic information about the systems into the state onsite wastewater database system. An estimated 100,000 septic systems in Iowa are at substandard levels. Funding assistance is available to individuals to replace inadequate onsite sewer systems. Michigan: Michigan is the only state in the nation without uniform standards governing how on-site sewage treatment systems are designed, built, installed, and maintained. Eleven counties exercise some oversight of septics, including regular inspections, but they are unregulated in the remaining 72 counties. Michigan also does not have a statewide licensing/certification program for individual onsite wastewater systems. Standardized criteria is used by the Michigan Department of Environmental Quality and by 44 local health departments, which develop their own local rules to regulate single- and two-family systems. Reports conservatively estimate that nearly 10 percent of the state’s septic systems – about 130,000 systems – are failing. There is no funding assistance program available to homeowners replacing failing systems or installing new systems.
Minnesota: Onsite wastewater regulations are split between one or more agencies in Minnesota. Statute, Chapter 115, relating to water pollution control and sanitary districts, establishes rules for “Individual and Alternative Discharging Sewage Treatment Systems.” The rules require counties to adopt local ordinances containing minimum standards and criteria for the design, location, installation, use, maintenance, and closure of subsurface sewage treatment systems (SSTS). These regulations detail: Minimum technical standards for individual and mid-size SSTS (Chapter 7080 and 7081); A framework for local administration of SSTS programs (Chapter 7082) and; Statewide licensing and certification of SSTS professionals, SSTS product review and registration, and establishment of the SSTS Advisory Committee (Chapter 7083). The Minnesota Pollution Control Agency (MPCA) administers MN Rule 7080, the statewide rule regarding onsite sewage treatment systems and licensing program for onsite professionals. In 2004, 39 percent of all Minnesota septics were failing. In 2015, the legislature passed regulations requiring permits and regular inspections to be conducted once every three years for existing systems. Permit fees cover the program costs. A funding program is available to assist low-income homeowners to replace failing systems or install new systems. Summary of factual data and analytical methodologies:
The Department established an advisory committee to comprehensively review administrative rules related to POWTS. The committee members represent stakeholders involved in the private sewage system industry including designers, contractors, regulators, academics, and manufacturers. The committee met periodically from November 2015 to March 2017 to review rule provisions and best practice standards and to make recommendations for revising the department’s rules relating to POWTS.
The Department solicited financial information from private onsite wastewater treatment system installers and used financial information collected as part of the replacement and rehabilitation program to estimate the maximum state share of support for rehabilitation or replacement of private onsite wastewater treatments as currently authorized under s. 145.245, Stats. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect small businesses, local government units, and individuals.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Mindy Allen, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2112; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
The deadline for submitting comments was October 17, 2017.
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TEXT OF RULE
SECTION 1. SPS 381.01 (13m) is created to read:
SPS 381.01 (13m) “At-risk” means a POWTS serving a new public or commercial facility that may produce influent to a POWTS treatment or dispersal component, consisting in part of in situ soil in excess of the quantities specified in s. SPS 383.44 (2). This definition does not include existing facilities where the influent has been tested and determined to produce influent below the quantities specified in s. SPS 383.44 (2) or facilities that are known to produce influent exceeding the influent quantities. SECTION 2. SPS 381.01 (71) (Note) is repealed.
SECTION 3. SPS 381.01 (92) is amended to read:
SPS 381.01 (92) “Failing private onsite wastewater treatment system” has the meaning specified under s. 145.245 (4) 145.01 (4m), Stats. SECTION 4. SPS 381.01 (92) (Note) is repealed.
SECTION 5. SPS 381.01 (93m) is created to read:
SPS 381.01 (93m) “Fats, oil, and grease” and “FOG” mean organic polar compounds derived from vegetable, plant, or animal sources that are composed of long chain triglycerides that are insoluble in water. Fats are generally solid particles, oils are usually liquid at room temperature, and grease is usually solid at room temperature.
SECTION 6. SPS 381.01 (111) (Note) and (114) (Note) are repealed.
SECTION 7. SPS 381.01 (183) is created to read:
SPS 381.01 (183) “POWTS component manual” means a document that contains detailed design, installation, and operation and maintenance procedures for POWTS components. A component manual that is approved under s. SPS 384.10 (3) (c) is an acceptable method under s. SPS 383.61. SECTION 8. SPS 381.01 (194) is amended to read:
SPS 381.01 (194) “Private onsite wastewater treatment system" has the meaning given for `private sewage system' under s. 145.01 (12), Stats.
