Wisconsin Legislature: SPS 383.01

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 Chapter Comm 83 as it existed on June 30, 2000 was repealed and a new chapter Comm 83 was created, Register, April, 2000, No. 532, eff. 7-1-00.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) (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. 2.

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.

SPS 383.03(4) (4) Groundwater standards.

SPS 383.03(4)(a) (a) Pursuant to s. 160.255, Stats., the design, installation, use or maintenance of a POWTS is not required to comply with the nitrate standard specified in ch. NR 140 Table 1, except as provided under sub. (5).

SPS 383.03(4)(b) (b) Pursuant to s. 160.19 (2) (a), Stats., the department has determined that it is not technically or economically feasible to require that a POWTS treat wastewater to comply with the preventative action limit for chloride specified in ch. NR 140 Table 2 as existed on June 1, 1998.

SPS 383.03 Note Note: The prevention action limit for chloride as a performance standard relative to the design and management of a POWTS has been determined to be unfeasible because anion exchange is the only chemical process capable of removing chloride from water. The physical processes of removing chloride, such as through evaporation and reverse osmosis, would separate feedwater into two streams, one with a reduced chloride content and the other with an increased chloride content, and result in still having to treat and dispose of chloride contaminated wastewater. The design and management practice to address the enforcement standard for chloride as it relates to a POWTS is addressed under s. SPS 382.40 (8) (j).

SPS 383.03(5) (5) Local ordinances.

SPS 383.03(5)(a) (a) Pursuant to ss. 59.70 (5) (a) and 145.02 (2), Stats., this chapter is uniform in application and a governmental unit may not enact an ordinance for the design, installation, inspection and management of a POWTS which is more or less stringent than this chapter, except as specifically permitted by rule.

SPS 383.03(5)(b) (b) Except as provided in s. SPS 383.25 (1) (b), a governmental unit shall submit to the department any proposed ordinance or proposed ordinance revision relating to POWTS. The proposed ordinance or revision shall be submitted for review a minimum of 30 calendar days prior to the first scheduled public hearing date regarding the ordinance.

SPS 383.03 Note Note: Pursuant to ss. 59.69, 60.62, 61.35 and 62.23, Stats., this chapter does not affect municipal authority for zoning, including establishing nitrate standards as part of a zoning ordinance to encourage the protection of groundwater resources.

SPS 383.03(6) (6) Department authority. A department interpretation of the requirements in this chapter shall supersede any differing interpretation by a lower level jurisdiction. A department decision on the application of the requirements in this chapter shall supersede any differing decision by a lower level jurisdiction.

SPS 383.03 Note Note: A decision of the department may be appealed. Section 101.02 (6) (e), Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals.

SPS 383.03 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (b) 1., r. and recr. (5) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (5) to be (5) (a), cr. (5) (b) and (6) Register September 2008 No. 633, eff. 10-1-08; correction in (2) (a), (b), (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (5) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

SPS 383.04 SPS 383.04 Implementation.

SPS 383.04(1)(1) For the purpose of facilitating inspection responsibilities and services, a governmental unit may not issue a sanitary permit for the construction or use of a POWTS that utilizes any of the technologies, designs or methods delineated in Table 383.04-1 and that has been recognized under s. SPS 384.10 (3) or 383.22, unless the governmental unit utilizes one or more individuals, who have obtained approved training under s. SPS 383.05 for the POWTS technology, design or method, to provide the inspections under s. SPS 383.26 (2) to (4), except as provided in sub. (2).

SPS 383.04(2) (2) A governmental unit may issue a sanitary permit for the construction or use of a POWTS that utilizes any of the technologies, designs or methods delineated in Table 383.04-1 and that has not been recognized under s. SPS 384.10 (3), but has been approved by the department under s. SPS 383.22, provided that governmental unit has arranged with the department to provide the inspections under s. SPS 383.26 (2) to (4). - See PDF for table

SPS 383.04 Note Note: The provisions of this section relating to a governmental unit's ability to limit the issuance of sanitary permits for new development does not dictate a specific strategy as to the scope of the limitation. Therefore, limitation options include, but are not limited to, a prohibition for all new development or in certain geographical areas, a quota system for new development, a requirement for a permit to operate for a specific POWTS method or technology, or a service/performance bond for a specific POWTS method or technology.

SPS 383.04 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. Table 83.04-1 footnote a, r. (2) and Table 83.04-2, renum. (3) to be (2) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (1) (a) and (b) to be (1) and (2), r. (2) Register September 2008 No. 633, eff. 10-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 383.05 SPS 383.05 Installation and inspection training.

SPS 383.05(1)(1) Program specifications. Only courses, programs and seminars approved in writing by the department shall be used to fulfill the required training for the POWTS technologies and methods under ss. SPS 383.04 (1) and 383.21 (2) (c) 4.

SPS 383.05(2) (2) Evidence of compliance. An individual who has completed the installation and inspection training shall be responsible for retaining evidence of achieving the training in order to fulfill the obligations under ss. SPS 383.04 (1) and 383.21 (2) (c) 4.

SPS 383.05 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 07-100: renum. (1) (a) to be (1) and am., r. (1) (b) to (e) Register September 2008 No. 633, eff. 10-1-08; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

subch. II of ch. SPS 383 Subchapter II — Administration and Enforcement

SPS 383.20 SPS 383.20 Purpose.

SPS 383.20(1)(1) This subchapter establishes the following:

SPS 383.20(1)(a) (a) Regulatory processes and procedures which are to be followed when designing, installing or maintaining a POWTS; and

SPS 383.20(1)(b) (b) Responsibilities and actions of the various governmental agencies involved with the administration and enforcement of this chapter.

SPS 383.20 Note Note: Section 145.20 (1) (a), Stats., states that the governing body of the governmental unit responsible for the regulation of private onsite wastewater treatment systems may assign the duties of administering the private onsite wastewater treatment system program to any office, department, committee, board, commission, position or employee of that governmental unit.