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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.
SPS 383.22(4)(a)(a) A modification to the design of a POWTS for which a plan has been previously granted approval under sub. (3) (b) shall be submitted to the applicable reviewing agency for review in accordance with this section, if the proposed modification involves any of the following:
SPS 383.22(4)(a)1. 1. A change in wastewater flow or contaminant load.
SPS 383.22(4)(a)2. 2. The replacement or addition of a POWTS component listed in Table 383.04-1.
SPS 383.22(4)(a)3. 3. The addition of a POWTS dispersal component.
SPS 383.22(4)(a)4. 4. A change to one or more dispersal components involving any of the following:
SPS 383.22(4)(a)4.a. a. Location outside suitable evaluated areas or proposed depths or elevations.
SPS 383.22(4)(a)4.b. b. Dimensions of any distribution cell or basal area.
SPS 383.22(4)(a)4.c. c. Type of dispersal component.
SPS 383.22(4)(a)4.d. d. Design of a pressure distribution component, except for changes to pumps, forcemain lengths, total dynamic head, (TDH), or pump control settings.
SPS 383.22(4)(b) (b) A modification to the design of a POWTS for which a plan has been previously granted approval under sub. (3) (b) may be submitted to the governmental unit which issued the sanitary permit, if the proposed modification involves a change which is not listed in par. (a) and if the governmental unit agrees to review the proposed minor revision.
SPS 383.22(4)(c) (c) The installer of a POWTS may not implement or undertake the proposed revisions under par. (a) or (b) until written approval is obtained from the applicable reviewing agency.
SPS 383.22(4)(d) (d) Revisions to previously approved plans shall be reviewed in accordance with sub. (3).
SPS 383.22(4)(e) (e) If revisions under par. (a) are submitted to and approved by the department, the owner of the site for the POWTS or the owner's agent shall file the revisions with the governmental unit which issued the sanitary permit.
SPS 383.22(5) (5)Limitation of responsibility. A conditional approval of a plan by the department may not be construed as an assumption by the department of any responsibility for the design of the POWTS or any component of the system. The department does not hold itself liable for any defects in construction, or for any damages that may result from a specific installation.
SPS 383.22(6) (6)Revocation of approval.
SPS 383.22(6)(a)(a) The department may revoke any plan approval issued under this section for any false statements or misrepresentation of facts on which the approval was based.
SPS 383.22(6)(b) (b) The designated agent or governmental unit may revoke any plan approval issued by the designated agent or governmental units for any false statements or misrepresentation of facts on which the approval was based.
SPS 383.22(6)(c) (c) The revocation of a plan approval and the reasons for revocation shall be conveyed in writing to the submitter of the plans as noted on the application.
SPS 383.22(6)(d) (d) If a plan approval is revoked, the installation or alteration of a POWTS may not continue until another plan approval is obtained.
SPS 383.22(7) (7)Evidence of approval.
SPS 383.22(7)(a)(a) When plans are required to be approved by the department, designated agent, or governmental unit under sub. (1), the plumber responsible for the installation of a POWTS or the modification of an existing POWTS shall keep at the construction site at least one set of plans bearing evidence of approval by the department, designated agent, or governmental unit and at least one copy of specifications.
SPS 383.22(7)(b) (b) The plans and specifications shall be maintained at the construction site until the POWTS installation or modification is completed and an opportunity for a final inspection occurs in accordance with s. SPS 383.26.
SPS 383.22(7)(c) (c) The plans and specifications shall be made available to the department or the governmental unit upon request.
SPS 383.22 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (b) 6. a. and e. and (4) (a) (intro.), r. (4) (a) 4. c., renum. and am. (4) (a) 4. d. to be (4) (a) 4. c., cr. (4) (e) Register January 2004 No. 577, eff. 2-1-04; CR 06-119: am. (3) (a) Register July 2007 No. 619, eff. 8-1-07; CR 07-100: am. Tables 83.22-1 to 3, (2) (a) 1., (b) 5. (intro.), (4) (a) and (7) (a), renum. (2) (a) 2. and 3. and (4) (b) to (d) to be (2) (a) 3. and 4. and (4) (c) to (e) and am. (4) (c) and (e), cr. (2) (a) 2. and (4) (b), r. (4) (e) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (b), (c), (d), (2) (a) 4. a., c., (b) 1. (intro.), e., 4., 6. c., d., (c) 1., (d), (3) (a), (b) 1., 2., (c), (4) (a) 2., (7) (b), Table 383.22-1, Table 383.22-2, Table 383.22-3 made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; correction in (2) (b) 6. c., d. made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690; CR 17-065: am. (1) (a) (intro.), (2) (a) 3., (b) 1. (intro.), cr. (2) (b) 1. g., am. (2) (b) 2., (c) 1., (3) (b) 1., 2., (c), (7) (a) Register June 2018 No. 750, eff. 7-1-18.
SPS 383.23 SPS 383.23 Review agent status.
SPS 383.23(1) (1) Upon request from a governmental unit, the department may delegate to the governmental unit the responsibility to review plans for one or more of the types of POWTS delineated in Table 383.22-2 which are to be or are located within the jurisdiction of that governmental unit.
SPS 383.23(2) (2) A request by a governmental unit to review plans for the types of POWTS delineated in Table 383.22-2 shall be made in writing. The request shall include all of the following:
SPS 383.23(2)(a) (a) The types of POWTS for which delegation is desired.
SPS 383.23(2)(b) (b) Information delineating how the plans are to be processed and reviewed.
SPS 383.23(2)(c) (c) Information on how plan review decisions are to be recorded and maintained.
SPS 383.23(3) (3) The delegation of plan review by the department shall be contingent upon a governmental unit's request demonstrating sufficient capabilities to complete the reviews, including all of the following:
SPS 383.23(3)(a) (a) The utilization of one or more individuals who are certified by the department as a POWTS inspector to perform the plan review.
SPS 383.23(3)(b) (b) The utilization of one or more individuals, who are certified soil testers, to provide assistance in the plan review process.
SPS 383.23 Note Note: The requirements of this subsection do not require the utilization of 2 individuals to perform plan review. A single individual who holds a certification as a certified POWTS inspector and as a certified soil tester may fulfill the requirements under pars. (a) and (b).
SPS 383.23(4)(a)(a) The department shall provide the governmental unit with a written decision of delegation or denial of delegation relative to a request under this section concerning plan review.
SPS 383.23(4)(b) (b) The department may deny a request for plan review delegation, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s. SPS 383.255.
SPS 383.23(4)(c) (c) The delegation for plan review shall be contingent upon the governmental unit acknowledging that the submission and review of plans under s. SPS 383.22 (1) may, at the discretion of the submitter, be made to the department or the designated agent.
SPS 383.23(5) (5) The department shall include as part of governmental unit audits conducted under s. 145.20 (3) (b), Stats., an evaluation of the plan review functions which are delegated to a governmental unit under this section.
SPS 383.23(6) (6) A governmental unit that wishes to discontinue the delegated plan review function under this section shall notify the department in writing at least 30 days prior to the discontinuance.
SPS 383.23(7)(a)(a) The recognition as a review agent may be revoked by the department in accordance with s. 145.20 (3) (a) 2., Stats.
SPS 383.23(7)(b) (b) The department may revoke the delegation as a plan review agent, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s. SPS 383.255.
SPS 383.23 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (3) (a) and (b) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (4) (b) and (7) to be (4) (c) and (7) (a), cr. (4) (b) and (7) (b) Register September 2008 No. 633, eff. 10-1-08; correction in (1), (2) (intro.), (4) (b), (c), (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 383.24 SPS 383.24 Petitions for variance.
SPS 383.24(1) (1) The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303.
SPS 383.24 Note Note: The petition for variance process is to allow the owner of a proposed or existing POWTS to ask the department's recognition of an alternative method or means for complying with the intent of a specific rule.
SPS 383.24(2)(a)(a) Pursuant to s. 145.24, Stats., the department may not approve a petition for variance for an existing POWTS which is determined to be a failing private onsite wastewater treatment system.
SPS 383.24(2)(b) (b) For the purposes of this subsection, the department shall consider a petition for variance if the existing POWTS is not considered a failing private onsite wastewater treatment system.
SPS 383.24 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 383.25 SPS 383.25Governmental programs.
SPS 383.25(1) (1) Delegation of responsibilities.
SPS 383.25(1)(a)(a) Pursuant to s. 145.20 (1) (am), Stats., the delegation by a governmental unit of the administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be by ordinance.
SPS 383.25(1)(b) (b) A copy of an ordinance delegating administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be forwarded to the department at least 30 days prior to the effective date of the ordinance.
SPS 383.25(2) (2)Issuance of building permits.
SPS 383.25(2)(a)(a) General. Pursuant to s. 145.195, Stats., the issuance of building permits by a municipality for unsewered properties shall be in accordance with this subsection.
SPS 383.25 Note Note: See ch. SPS 383 Appendix for a reprint of s. 145.195, Stats.
SPS 383.25(2)(b) (b) New construction. A municipality may not issue a building permit to commence construction or installation of a structure that necessitates the use of a POWTS to serve the structure unless one of the following conditions apply:
SPS 383.25(2)(b)1. 1. The owner of the property possesses a sanitary permit for the installation of a POWTS in accordance with s. SPS 383.21.
SPS 383.25 Note Note: Section SPS 383.21 outlines the procedures for the issuance of sanitary permits. Section 145.19, Stats., mandates that no private sewage system may be installed unless the owner of the property holds a valid sanitary permit.
SPS 383.25(2)(b)2. 2. A POWTS of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure.
SPS 383.25 Note Note: See ss. SPS 383.02 and 383.03 concerning the application of current code requirements to existing POWTS.
SPS 383.25(2)(c) (c) Construction affecting wastewater flow or contaminant load.
SPS 383.25(2)(c)1.1. A municipality may not issue a building permit to commence construction of any addition or alteration to an existing structure when the proposed construction will modify the design wastewater flow or contaminant load, or both, to an existing POWTS, unless the owner of the property complies with at least one of the following:
SPS 383.25(2)(c)1.a. a. Possesses a sanitary permit to either modify the existing POWTS or construct a POWTS to accommodate the modification in wastewater flow or contaminant load, or both.
SPS 383.25(2)(c)1.b. b. Provides documentation to verify that the existing POWTS is sufficient to accommodate the modification in wastewater flow or contaminant load, or both.
SPS 383.25(2)(c)2. 2. For the purpose of this paragraph, a modification in wastewater flow or contaminant load shall be considered to occur for both of the following:
SPS 383.25(2)(c)2.a. a. For commercial facilities, public buildings, and places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system.
SPS 383.25(2)(c)2.b. b. For dwellings, when there is an increase or decrease in the number of bedrooms.
SPS 383.25(2)(d) (d) Documentation of existing capabilities. Documentation to verify whether an existing POWTS can accommodate a modification in wastewater flow or contaminant load, or both, shall include at least one of the following:
SPS 383.25(2)(d)1. 1. A copy of the plan for the existing POWTS that delineates minimum and maximum performance capabilities and which has been previously approved by the department or the governmental unit.
SPS 383.25(2)(d)2. 2. Information on the performance capabilities for the existing POWTS that has been recognized through a product approval under ch. SPS 384.
SPS 383.25(2)(d)3. 3. A written investigative report prepared by an architect, engineer, designer of plumbing systems, designer of private onsite wastewater treatment systems, master plumber, master plumber-restricted service or certified POWTS inspector analyzing the proposed modification and the performance capabilities of the existing POWTS.
SPS 383.25(2)(e) (e) Where the performance capability of the existing POWTS serving a dwelling is not based on the number of bedrooms within the dwelling, information documenting that design condition shall be recorded as a covenant running with the deed for the property.
SPS 383.25(2)(f) (f) Setbacks.
SPS 383.25(2)(f)1.1. A municipality may not issue a building permit for construction of any structure or addition to a structure on a site where there exists a POWTS, unless the proposed construction conforms to the applicable setback limitations under s. SPS 383.43 (8) (i).
SPS 383.25(2)(f)2. 2. The applicant for a building permit shall provide documentation to the municipality issuing the building permit showing the location and setback distances for the proposed construction relative to all of the following:
SPS 383.25(2)(f)2.a. a. Existing POWTS treatment components.
SPS 383.25(2)(f)2.b. b. Existing POWTS holding components.
SPS 383.25(2)(f)2.c. c. Existing POWTS dispersal components.
SPS 383.25 Note Note: A municipality that issues building permits may delegate to the governmental unit responsible for issuing sanitary permits the determination of whether the proposed construction will affect or interfere with an existing POWTS relating to capability or location of the existing POWTS.
SPS 383.25 Note Note: See ch. SPS 383 Appendix for further information regarding setbacks.
SPS 383.25 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (2) (a) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (2) (e) to be (2) (f), cr. (2) (e) Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) 1., (d) 2., (f) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (2) (b) (intro.), 1., (c) 1. (intro.), a., 2. (intro.), a., (d) 3. Register June 2018 No. 750, eff. 7-1-18.
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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.