This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Register December 2019 No. 768
Chapter SPS 383
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEMS
Subchapter I — Scope and Application
SPS 383.01   Purpose.
SPS 383.02   Scope.
SPS 383.03   Application.
SPS 383.04   Implementation.
SPS 383.05   Installation and inspection training.
Subchapter II — Administration and Enforcement
SPS 383.20   Purpose.
SPS 383.21   Sanitary permits.
SPS 383.22   Plan review and approval.
SPS 383.23   Review agent status.
SPS 383.24   Petitions for variance.
SPS 383.25   Governmental programs.
SPS 383.255   Governmental inventory and maintenance program.
SPS 383.26   Inspections and testing.
SPS 383.27   Experiments.
SPS 383.28   Penalties.
SPS 383.29   Range of responses.
Subchapter III — General Requirements
SPS 383.30   Purpose.
SPS 383.31   Principles.
SPS 383.32   Prohibitions and limitations.
SPS 383.33   Abandonment.
Subchapter IV — Design and Installation
SPS 383.40   Purpose.
SPS 383.41   Principles.
SPS 383.42   Application.
SPS 383.43   General requirements.
SPS 383.44   Parameters for POWTS components consisting of in situ soil.
SPS 383.45   Installation.
Subchapter V — Management
SPS 383.50   Purpose.
SPS 383.51   Principles.
SPS 383.52   Responsibilities.
SPS 383.53   General.
SPS 383.54   Management requirements.
SPS 383.55   Reporting requirements.
Subchapter VI — Recognized Methods and Technologies
SPS 383.60   Purpose.
SPS 383.61   Parameters for using acceptable methods and technologies.
Subchapter VII — Department Performance Monitoring
SPS 383.70   Purpose.
SPS 383.71   Department procedures.
Ch. SPS 383 Note Note: Chapter H 63 was created as an emergency rule effective 6-21-80; section H 62.20 as it existed on June 30, 1983 was renumbered to chapter ILHR 83. Chapter ILHR 83 was renumbered chapter Comm 83 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494. Chapter Comm 83 as it existed on June 30, 2000 was repealed and a new chapter Comm 83 was created, Register, April, 2000, No. 532, eff. 7-1-00. Chapter Comm 83 was renumbered chapter SPS 383 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 383 Subchapter I — Scope and Application
SPS 383.01 SPS 383.01 Purpose. The purpose of this chapter is to establish uniform standards and criteria for the design, installation, inspection and management of a private onsite wastewater treatment system, POWTS, so that the system is safe and will protect public health and the waters of the state.
SPS 383.01 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. Register January 2004 No. 577, eff. 2-1-04.
SPS 383.02 SPS 383.02 Scope.
SPS 383.02(1)(1) Wastewater generation. Except as delineated in sub. (2), this chapter applies to all of the following:
SPS 383.02(1)(a) (a) A situation where domestic wastewater is collected and conducted by means of plumbing drain systems and is not conveyed to a wastewater treatment facility regulated by the department of natural resources.
SPS 383.02(1)(b) (b) A POWTS where domestic wastewater is treated and dispersed to the subsurface.
SPS 383.02(1)(c) (c) A holding tank that is utilized as a POWTS or as part of a POWTS to collect and hold domestic wastewater for transport and treatment elsewhere.
SPS 383.02 Note Note: Section SPS 382.10 (2) (d) states that where plumbing fixtures exist in a building which is not connected to a public sewer system, suitable provision shall be made for treating, recycling, dispersing, or holding the wastewater in a manner satisfactory to the department.
SPS 383.02 Note Note: The department of natural resources is responsible for establishing, administering and enforcing standards relative to domestic wastewater treatment systems which either disperse to the surface or to surface waters. The department of natural resources also establishes effluent limitations and monitoring requirements where the design daily influent wastewater flow to a POWTS exceeds 12,000 gallons per day for the purpose of fulfilling WPDES permit requirements under ch. 283, Stats.
SPS 383.02 Note Note: Pursuant to s. 281.17 (5), Stats., the department of natural resources may also restrict or specify the type of wastewater treatment necessary.
SPS 383.02(2) (2)Exemptions. This chapter does not apply to:
SPS 383.02(2)(a) (a) A POWTS owned by the federal government and located on federal lands; and
SPS 383.02(2)(b) (b) A POWTS located or to be located on land held in trust by the federal government for Native Americans.
SPS 383.02(3) (3)Subdivision standards. This chapter does not establish minimum lot sizes or lot elevations under s. 145.23, Stats., for the purpose of the department reviewing proposed subdivisions which will not be served by public sewers under s. 236.12, Stats.
SPS 383.02 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.
SPS 383.03 SPS 383.03 Application.
SPS 383.03(1)(1) Installations.
SPS 383.03(1)(a)(a) New POWTS installations. The design, installation and management of a new POWTS shall conform with this chapter.
SPS 383.03 Note Note: Pursuant to s. 145.19 (3m) (b), Stats., the approval of a sanitary permit is based on the rules in effect on the date of the permit approval.
SPS 383.03(1)(b) (b) Modifications to existing POWTS. A modification to an existing POWTS, including the replacement, alteration or addition of materials, appurtenances or POWTS components, shall require that the modification conform to this chapter.
SPS 383.03 Note Note: The modification of one part of a POWTS may affect the performance or the operation of other parts of the POWTS thereby necessitating further modifications for the `other parts' to be or remain compliant with the appropriate edition of the state plumbing code; see sub. (2) (b) 1.
SPS 383.03(1)(c) (c) Modifications to existing structures served by existing POWTS. When an addition or alteration is proposed to an existing building, structure or facility that is served by an existing POWTS and the proposed addition or alteration will result in a change that affects the wastewater flow or wastewater contaminant load beyond the minimum or maximum capabilities of the existing POWTS, the POWTS shall be modified to conform to the rules of this chapter.
SPS 383.03 Note Note: See s. SPS 383.25 (2) relating to the issuance of building permits.
SPS 383.03(2) (2)Retroactivity.
SPS 383.03(2)(a)(a) This chapter does not apply retroactively to an existing POWTS installed prior to July 1, 2000, or for which a sanitary permit has been issued prior to July 1, 2000, except as provided in ss. SPS 383.32 (1) (a) and (c) to (g), 383.54 (4) and 383.55 (1) (b).
SPS 383.03(2)(b)1.1. Except as provided in subd. 2. and ss. SPS 383.32 (1) (a) and (c) to (g), 383.54 (4) and 383.55 (1) (b), an existing POWTS installed prior to July 1, 2000, shall conform to the siting, design, construction and maintenance rules in effect at the time the sanitary permit was obtained or at the time of installation, if no permit was issued.
SPS 383.03(2)(b)2.a.a. An existing POWTS installed prior to December 1, 1969 with an infiltrative surface of a treatment and dispersal component that is located 2 feet or more above groundwater or bedrock shall be considered to discharge final effluent that is not sewage, unless proven otherwise.
SPS 383.03(2)(b)2.b. b. An existing POWTS installed prior to December 1, 1969 with an infiltrative surface of a treatment and dispersal component that is located less than 2 feet above groundwater or bedrock shall be considered to discharge final effluent that is sewage, unless proven otherwise.
SPS 383.03(2)(c) (c) An existing POWTS which conforms with this chapter shall be permitted to remain as installed.
SPS 383.03(3) (3)Plat restrictions. The department shall consider a restriction or a prohibition placed on a lot or an outlot prior to July 1, 2000, as a result of its plat review authority under s. 236.12, Stats., waived, if a POWTS proposed for the lot complies with this chapter.
SPS 383.03 Note Note: The waiving of a restriction or prohibition placed on a lot or outlot by the department is a review action. Pursuant to s. SPS 302.635, a fee is needed to initiate the review action.
SPS 383.03 Note Note: Under the provisions of ch. 236, Stats., the department of administration and local municipalities have review authority over lots in subdivisions not served by public sewers. A written release of a restriction or prohibition may be required by the department of administration and local municipality. A Correction Instrument may be required under the provisions of s. 236.295, Stats.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.