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(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)(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)(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(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(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)(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(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)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 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.
SPS 383.255
SPS 383.255 Governmental inventory and maintenance program. SPS 383.255(1)(a)1.1. A governmental unit shall maintain an inventory of all POWTS located in its jurisdictional area.
SPS 383.255(1)(a)2.
2. The inventory shall be updated as existing POWTS are identified and new POWTS are installed or constructed.
SPS 383.255(1)(b)
(b) At a minimum, a POWTS inventory shall consist of all of the following elements:
SPS 383.255(1)(b)1.
1. Legal description of all properties including tax parcel number where a POWTS is located within the governmental unit jurisdictional area.
SPS 383.255(1)(b)2.
2. Name and address of the owner of each POWTS located within the governmental unit jurisdictional area.
SPS 383.255 Note
Note: The inventory does not require site visits, identification of the type of POWTS or an evaluation of the POWTS.
SPS 383.255(2)(a)(a) A governmental unit shall be responsible for administering a POWTS maintenance program.
SPS 383.255(2)(b)
(b) At a minimum, a POWTS maintenance program shall consist of all of the following elements:
SPS 383.255(2)(b)1.
1. An inventory of all POWTS located within the governmental unit jurisdictional area.
SPS 383.255(2)(b)2.
2. A process that accepts and records inspection, evaluation, maintenance and servicing reports submitted by the POWTS owner or the owner's agent for POWTS listed in the governmental unit inventory.
SPS 383.255(2)(b)3.
3. A process that accepts and creates a record for each inspection, evaluation, maintenance and servicing report for a POWTS within the governmental unit jurisdictional area but not listed in the governmental unit inventory that is submitted by the POWTS owner or the owner's agent.
SPS 383.255(2)(b)4.
4. A process that notifies POWTS owners that are delinquent in submitting reports for inspection, evaluation, maintenance and servicing activities listed in ss.
SPS 383.54 (3) and
(4) and
383.55.
SPS 383.255(2)(b)5.
5. A process that includes measures meant to ensure that required inspection, evaluation, maintenance and servicing is performed and the results are reported to the governmental unit.
SPS 383.255(2)(b)6.
6. Reports summarizing the results of the maintenance program on an annual basis in a format requested by the department.
SPS 383.255(3)
(3) A governmental unit shall make available to the department, upon request, any and all records necessary to ascertain compliance with this chapter and the provisions as specified in s.
145.20 (2) (i), Stats.
SPS 383.255 History
History: CR 07-100: cr.
Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) 4. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 11-031: am. (1) (a) 1., (2) (a)
Register June 2013 No. 690, eff. 7-1-13;
CR 17-065: am. (1) (a) 1.
Register June 2018 No. 750, eff. 7-1-18, am. (2) (a)
Register June 2018 No. 750, eff. 10-1-19.
SPS 383.26(1)(a)
(a) Pursuant to s.
145.02 (3) (c), Stats., the department or governmental unit may inspect the construction, installation, operation or maintenance of a POWTS to ascertain whether the POWTS conforms to plans approved by the department or governmental unit, the conditions of approval and this chapter.
SPS 383.26(1)(b)
(b) The department may issue an order directing an immediate cessation of the installation of a POWTS or the modification to an existing POWTS for failure to comply with a corrective order.
SPS 383.26(1)(c)
(c) Pursuant to ss.
145.02 (3) (f) and
145.20 (1) (a) and
(2) (f), Stats., an individual authorized by the department or a governmental unit to administer and enforce this chapter may issue orders to abate human health hazards relating to this chapter.
SPS 383.26 Note
Note: Section
SPS 305.66 delineates qualifications and responsibilities for POWTS inspectors.
SPS 383.26(1)(d)
(d) Pursuant to s.
145.20 (2) (e) and
(g), Stats., nothing in this chapter shall limit a governmental unit's authority and power to inspect or require an evaluation of a POWTS, including an existing POWTS at times or for activities not covered under this section.
