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.
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)(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(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.
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.
SPS 383.20(2)
(2) Except as provided in this chapter nothing shall limit the authority and power of a governmental unit in exercising administration and enforcement responsibilities regarding a POWTS, including requiring and issuing other types of permits for activities not covered under this subchapter relating to sanitary permits.
SPS 383.21(1)(a)(a) Pursuant to s.
145.19, Stats., the installation or construction of a POWTS may not commence or continue unless all of the following have been fulfilled:
SPS 383.21(1)(a)1.
1. The owner of the property on which the POWTS is to be installed possesses a valid sanitary permit.
SPS 383.21(1)(b)
(b) The modification of an existing POWTS may not commence or continue unless the owner of the property on which the POWTS is located possesses a valid sanitary permit and has obtained plan approval for the modification under s.
SPS 383.22, if the modification involves the addition or replacement of any of the following:
SPS 383.21(2)(a)
(a) The application for a sanitary permit shall be made in a format prescribed by the department.
SPS 383.21 Note
Note: The Department forms required in this chapter are available on the Department's website at dsps.wi.gov.
SPS 383.21(2)(b)1.1. Except as provided in subd.
2., the application for a sanitary permit shall be submitted to the appropriate governmental unit where the POWTS is located or will be located.
SPS 383.21(2)(b)2.
2. The application for a sanitary permit shall be submitted to the department for a POWTS that is located or will be located on property owned by the state.
SPS 383.21 Note
Note: Section
145.20 (2) (b), Stats., states that the governmental unit responsible for regulation of private onsite wastewater treatment systems shall approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application.
SPS 383.21(2)(c)
(c) The application for a sanitary permit to the governmental unit shall be accompanied by all of the following:
SPS 383.21(2)(c)2.
2. A set of plans bearing the department's conditional approval and the approval letter issued by the department, if required to be reviewed by the department under s.
SPS 383.22 (1).
SPS 383.21 Note
Note: Nothing in this chapter is intended to prohibit the submission and acceptance of planning documents in an electronic or digital media.
SPS 383.21(2)(c)3.
3. Sufficient supporting information to determine whether the proposed design, installation, and management of the POWTS or the proposed modification to an existing POWTS conforms with this chapter.
SPS 383.21(2)(c)4.
4. Documentation that the master plumber or the master plumber-restricted service who is to be responsible for the installation or modification of the POWTS has completed approved training or has documentation that approved training will be provided during the installation of the POWTS, if the application for the sanitary permit involves one or more of the technologies or methods specified in s.
SPS 383.04 (1).
SPS 383.21(2)(c)5.
5. Documentation that maintenance requirements for the proposed POWTS technology or method have been recorded with the deed for the property, if the management plan for the installation or modification under s.
SPS 383.54 (1) involves one or more of the following:
SPS 383.21(2)(c)5.a.
a. Evaluating or monitoring any part of the system at an interval of 12 months or less.
SPS 383.21(2)(c)5.b.
b. Servicing or maintaining any part of the system at an interval of 12 months or less.
SPS 383.21(2)(c)6.
6. Any other information as specified by local ordinance relating to POWTS installations.
SPS 383.21 Note
Note: See s.
145.19 (2) to
(6), Stats., for more information relative to fees.
SPS 383.21(3)(a)
(a) A sanitary permit may not be issued until the plans and specifications have been approved by the department or governmental unit having jurisdiction.
SPS 383.21(3)(b)
(b) A governmental unit may not issue a sanitary permit for the installation or modification of the POWTS that involves one or more of the technologies or methods specified in s.
SPS 383.04 (1) unless the master plumber or the master plumber-restricted who is to be responsible for the installation or modification has completed approved training or has documentation that approved training will be provided during the installation of the POWTS.
SPS 383.21(3)(c)
(c) A governmental unit shall review and make a determination on the submission of an application for a sanitary permit within 30 days after receiving all the required information and fees under sub.
(2) (c).
SPS 383.21(3)(d)1.1. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS conforms with this chapter, a sanitary permit shall be issued.
SPS 383.21(3)(d)2.a.a. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS does not conform with this chapter, a sanitary permit may not be issued.
SPS 383.21(3)(d)2.b.
b. When the issuance of a sanitary permit is denied, the governmental unit or department reviewing the application shall provide in writing to the applicant the reasons for denial, a notice for the right to appeal and the procedures for appeal.
SPS 383.21(3)(d)2.c.
c. An applicant denied a sanitary permit by a governmental unit may appeal the decision in accordance with ch.
68, Stats.
SPS 383.21(3)(d)2.d.
d. The appeal of the denial by the department for a sanitary permit shall be made in writing within 30 days from the date of the decision.
SPS 383.21(3)(e)
(e) A sanitary permit shall be issued by the appropriate governmental unit or the department in a format prescribed by the department.
SPS 383.21 Note
Note: See ch.
SPS 383 Appendix for further information relative to the permit format.
SPS 383.21(3)(f)
(f) A governmental unit may deny the issuance of a sanitary permit only if the application does not comply with the requirements of chs.
SPS 383,
384 or
385.
SPS 383.21(4)
(4) Transfers. A sanitary permit may be transferred from an owner to a subsequent owner, pursuant to s.
145.19 (8), Stats.
SPS 383.21(5)
(5) Expiration. Pursuant to s.
145.19 (1b), Stats., a sanitary permit shall expire 2 years from the date of issuance unless renewed in accordance with sub.
(6).
SPS 383.21(6)(a)1.1. The application for renewal of a sanitary permit shall be made in a format prescribed by the department.
SPS 383.21(6)(a)2.
2. The application for renewal of a sanitary permit shall be submitted to the department or the appropriate governmental unit in accordance with sub.
(2) (b).
SPS 383.21(6)(b)
(b) The renewal of a sanitary permit shall be contingent upon the proposed POWTS or the proposed modification of an existing POWTS conforming with the rules of this chapter in effect at the time the sanitary permit is renewed.
SPS 383.21(6m)(a)
(a) A governmental unit may temporarily suspend a sanitary permit issued under this section if it is determined prior to construction that a POWTS cannot be installed based on the information that was available when the permit was issued.
SPS 383.21(6m)(b)
(b) The suspension of the sanitary permit shall terminate no later than the date the sanitary permit expires.
