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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) (6)Renewals.
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) (6m)Suspension.
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.
SPS 383.21(7) (7)Revocation.
SPS 383.21(7)(a)(a) The department may revoke a sanitary permit issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.
SPS 383.21(7)(b) (b) A governmental unit may revoke a sanitary permit that the governmental unit has issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.
SPS 383.21(7)(c) (c) The revocation of a sanitary permit and the reasons for revocation shall be conveyed in writing to the individual to whom the sanitary permit was issued or transferred.
SPS 383.21(7)(d) (d) If a sanitary permit is revoked, the installation or modification of a POWTS may not commence or continue until another sanitary permit is obtained.
SPS 383.21(8) (8) Posting. When a sanitary permit is obtained under sub. (2), the sanitary permit shall comply with all of the following:
SPS 383.21(8)(a) (a) The sanitary permit shall be posted in such a location and manner on the proposed site where the POWTS is to be installed or modified so that the information on the permit is visible for inspection.
SPS 383.21(8)(b) (b) The sanitary permit shall be posted until a POWTS installation or modification is completed and an opportunity for a final inspection occurs in accordance with s. SPS 383.26.
SPS 383.21(9) (9)Permit storage. A governmental unit shall maintain a permanent record of each sanitary permit and permit application supporting information listed in s. SPS 383.21 (2) (c) until the property is no longer served by a POWTS.
SPS 383.21(10) (10)Permit summary reporting.
SPS 383.21(10)(a)(a) A governmental unit shall submit a periodic summary of the permits it has issued to the department in a format acceptable to the department.
SPS 383.21(10)(b) (b) At a minimum the summary shall contain the following information:
SPS 383.21(10)(b)1. 1. Identification number for each permit issued.
SPS 383.21(10)(b)2. 2. Fee associated with each permit issued.
SPS 383.21(10)(b)3. 3. Identification showing each permit as issued for a new or replacement POWTS.
SPS 383.21(10)(c) (c) At a minimum the permit summary information shall be submitted to the department on a quarterly calendar schedule.
SPS 383.21 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (c) 4., (3) (b) and (c) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: am. (2) (c) 4., cr. (3) (f), (6m) and (9) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (a) 2., (b) (intro.), (2) (c) 1., 2., 4., 5., (3) (b), (f), (8) (b) 2., (9) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: cr. (10) Register June 2013 No. 690, eff. 7-1-13; corrections in (1) (a), (4), (5) made under s. 13.92 (4) (b) 7., Stats., correction in (10) (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2013 No. 690; CR 17-065: am. (2) (c) 3., (8) (intro.), (a), r. (8) (b) (intro.), consol. (8) (b) 1. and 2. and renum. to (8) (b) and am. Register June 2018 No. 750, eff. 7-1-18.
SPS 383.22 SPS 383.22 Plan review and approval.
SPS 383.22(1) (1) Submission of plans.
SPS 383.22(1)(a)(a) Plans shall be submitted to the department, a designated agent, or the governmental unit in accordance with this section for all of the following types of installations or modifications:
SPS 383.22(1)(a)1. 1. The installation or construction of a POWTS.
SPS 383.22(1)(a)2. 2. The replacement or addition of a POWTS treatment component.
SPS 383.22(1)(a)3. 3. The replacement or addition of a POWTS holding component.
SPS 383.22(1)(a)4. 4. The replacement or addition of a POWTS dispersal component.
SPS 383.22(1)(b) (b) Plans for the types of POWTS delineated in Table 383.22-1 shall be submitted to the department for review.
SPS 383.22(1)(c) (c) Plans for the types of POWTS delineated in Table 383.22-2 shall be submitted for review to the department or a designated agent.
SPS 383.22 Note Note: See s. SPS 383.23 for more information relative to designated agents.
SPS 383.22(1)(d) (d) Plans for the types of POWTS delineated in Table 383.22-3 shall be submitted for review to the appropriate governmental unit where the POWTS is located or will be located. - See PDF for table PDF - See PDF for table PDF
SPS 383.22 Note Note: Pursuant to s. 145.19 (2), Stats., governmental units may require separate plan examination fees or include these fees in the cost of the sanitary permit. - See PDF for table PDF
SPS 383.22 Note Note: Pursuant to s. 145.19 (2), Stats., governmental units may require separate plan examination fees or include these fees in the cost of the sanitary permit.
SPS 383.22(2) (2)Plans and specifications.
SPS 383.22(2)(a)1.1. When plans are submitted to the department for review, at least 3 sets of plans and one set of specifications shall be provided.
SPS 383.22 Note Note: Specifications for a project do not have to be a separate document but may be delineated on the plans.
SPS 383.22(2)(a)2. 2. When plans are submitted to a designated agent or governmental unit for review, at least 2 sets of plans and one set of specifications shall be provided.
SPS 383.22(2)(a)3. 3. Plans and specifications submitted for review shall be clear, legible, and permanent copies.
SPS 383.22(2)(a)4. 4. Plans submitted for review shall include all of the following:
SPS 383.22(2)(a)4.a. a. Details and configuration layouts depicting how the design is to be constructed and how the design is to accomplish the treatment in accordance with ss. SPS 383.43 and 383.44 and dispersal that is claimed or the holding of wastewater.
SPS 383.22(2)(a)4.b. b. Specifications, including a description of the materials for the project and the installation or construction practices and methods to be employed.
SPS 383.22(2)(a)4.c. c. A site plan with a bench mark either scaled or dimensioned, delineating all treatment and dispersal components and their relationship to any items listed in Table 383.43-1.
SPS 383.22(2)(b)1.1. All plans submitted for review shall be accompanied by sufficient data and information to determine if the proposed POWTS or modification of an existing POWTS and their performance will conform with chs. SPS 382 to 384 including all of the following:
SPS 383.22(2)(b)1.a. a. A plan review application form specified by the department.
SPS 383.22 Note Note: The Department forms required in this chapter are available on the department's website at dsps.wi.gov.
SPS 383.22(2)(b)1.b. b. The minimum and maximum wastewater flow and load of the proposed project and the method or rationale for determining the flow and load.
SPS 383.22(2)(b)1.c. c. Documentation to support treatment and dispersal claims.
SPS 383.22(2)(b)1.d. d. A management plan for the proposed design reflecting conformance to subch. V.
SPS 383.22(2)(b)1.e. e. A soil and site evaluation report in accordance with s. SPS 385.40 for those POWTS components that consist in part of in situ soil.
SPS 383.22(2)(b)1.f. f. A description of a contingency plan in the event the proposed POWTS fails and cannot be repaired.
SPS 383.22(2)(b)1.g. g. Other information requested by the department.
SPS 383.22(2)(b)2. 2. In addition to the information required under subd. 1., plans for one or more holding tanks serving a large commercial, industrial, recreational, or residential development with an estimated daily wastewater flow of 3,000 gallons or more shall include information pursuant to s. NR 113.07 (1) (e).
SPS 383.22(2)(b)3. 3. In addition to the information required under subd. 1., plans for a POWTS that is to serve a dwelling where the design of the POWTS is not based upon the number of bedrooms within the dwelling shall be accompanied by information documenting that design condition on the deed for the property.
SPS 383.22(2)(b)4. 4. In addition to the information required under subd. 1., plans for an experimental POWTS shall be accompanied by information required under s. SPS 383.27 (3).
SPS 383.22(2)(b)5. 5. In addition to the information required under subd. 1., plans for a POWTS which is to serve more than one structure or building, other than two one- or 2-family dwellings and their accessory buildings located on a single parcel of land, shall be accompanied by information that does all of the following:
SPS 383.22(2)(b)5.a. a. Describes the legal entity, public or private, that has responsibility for the operation and maintenance of the POWTS.
SPS 383.22(2)(b)5.b. b. Includes a copy of a recorded legal document that identifies all the parties that have ownership rights and are responsible for the operation and maintenance of the POWTS.
SPS 383.22(2)(b)6.a.a. In addition to the information required under subd. 1., plans for a POWTS with a design wastewater flow exceeding 12,000 gallons per day shall not be approved until documentation has been submitted to the department indicating that the department of natural resources has concurred with the design of the POWTS.
SPS 383.22 Note Note: The Wisconsin department of natural resources requires that a Wisconsin Pollutant Discharge Elimination System (WPDES) permit must be obtained prior to the start of operation for a POWTS with a design flow exceeding 12,000 gallons per day pursuant to ch. 283, Stats.
SPS 383.22(2)(b)6.b. b. Solely for the purpose of determining the applicability of subd. 6. a., the design wastewater flow of 12,000 gpd shall be deemed equivalent to 85 bedrooms for residential dwellings, including one- and 2-family dwellings, multi-family dwellings and mobile homes.
SPS 383.22(2)(b)6.c. c. Solely for the purpose of determining the applicability of subd. 6. a., the design wastewater flow of 12,000 gpd for commercial facilities shall be calculated using the estimated wastewater flows specified in A-383.43 (6) of ch. SPS 383 Appendix.
SPS 383.22(2)(b)6.d. d. Solely for the purpose of determining the applicability of subd. 6. a., for residential dwellings combined with commercial facilities the design wastewater flow of 12,000 gpd shall be calculated by prorating the number of bedrooms on the basis of 85 bedrooms equaling 12,000 gpd for the residential dwellings and using the estimated flow under s. SPS 383.43 (3) (a) and A-383.43 (6) of ch. SPS 383 Appendix to calculate the design flow for the commercial facilities.
SPS 383.22(2)(b)6.e. e. For the purpose of determining the applicability of subd. 6. a., the design wastewater flow of 12,000 gpd shall include the design wastewater flow of all POWTS that are located on the same property or on properties under the same ownership and where the perimeter of a distribution cell of a POWTS dispersal component for one POWTS is less than 1,500 feet from the perimeter of a distribution cell of a POWTS dispersal component of any other POWTS under the same ownership.
SPS 383.22(2)(b)6.f. f. For the purpose of determining the applicability of subd. 6. a., the combined design wastewater flow shall include that of any existing POWTS which falls within the parameters of subd. 6. e.
SPS 383.22(2)(b)6.g. g. Under subd. 6. a., the same ownership is defined to be a person, group of persons or a corporation which owns a majority interest in the properties where majority ownership is based upon a majority of the issued voting stock, a majority of the members if no voting stock is issued, a majority of the board of the directors or comparable governing body or participation of each general partner in the profits of a partnership.
SPS 383.22(2)(c) (c) Plans and specifications which are required to be submitted for review under sub. (1) shall be one of the following:
SPS 383.22(2)(c)1. 1. Signed and sealed in accordance with s. A-E 2.02 by an individual who is registered by the department as an architect, engineer, designer of plumbing systems, or designer of private onsite wastewater treatment systems.
SPS 383.22(2)(c)2. 2. Signed, including license number, and dated by an individual who is responsible for the installation of the POWTS and who is licensed by the department as a master plumber or master plumber-restricted service.
SPS 383.22(2)(d) (d) Plans submitted to the department for review shall be accompanied by a fee in accordance with ss. SPS 302.61 and 302.65.
SPS 383.22 Note Note: Nothing in this chapter is intended to prohibit the submission and acceptance of planning documents in an electronic or digital media.
SPS 383.22(3) (3)Plan review process.
SPS 383.22(3)(a)(a) Time limits. Pursuant to s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days.
SPS 383.22(3)(b) (b) Conditional approval.
SPS 383.22(3)(b)1.1. If, upon review, the applicable reviewing agency determines that the plans conform to chs. SPS 382 to 384, a conditional approval shall be granted in writing.
SPS 383.22(3)(b)2. 2. All conditions indicating nonconformance to chs. SPS 382 to 384 shall be corrected before or during installation.
SPS 383.22(3)(c) (c) Denial of approval. If, upon review, the applicable reviewing agency determines that the plans do not conform to chs. SPS 382 to 384, the request for conditional approval shall be denied in writing.
SPS 383.22(4) (4)Revisions.
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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.