Chapter SPS 383

SPS 383.27(2) (2) The department shall review a submittal of an experiment under this section with input from the technical advisory committee assembled under s. SPS 384.10 (3) (d).

SPS 383.27(3) (3) The protocol for a proposed experiment submitted to the department for consideration shall include all of the following:

SPS 383.27(3)(a) (a) The experiment shall be supervised by a professional who has experience in small-scale wastewater treatment.

SPS 383.27(3)(b) (b) The professional shall submit a vita of training and experience relative to small-scale wastewater treatment along with the application for the experiment.

SPS 383.27(3)(c) (c) A proposal shall be submitted for the experiment that includes at least all of the following:

SPS 383.27(3)(c)1. 1. The purpose of the experiment.

SPS 383.27(3)(c)2. 2. The theory and science behind the proposed experiment including a description of the systems or processes to be used as part of the experiment.

SPS 383.27(3)(c)3. 3. The number of systems or components to be installed or modified as part of the experiment.

SPS 383.27(3)(c)4. 4. The identification of the initial sites, if known, that will take part in the experiment.

SPS 383.27(3)(c)5. 5. A letter of comment from the governmental unit or units where the experiment is to be conducted.

SPS 383.27(3)(c)6. 6. The data to be collected and the method to be employed to collect the data.

SPS 383.27(3)(c)7. 7. The duration of the proposed experiment.

SPS 383.27(3)(d) (d) The experiment may not involve less than 5, and not more than 50 individual installations.

SPS 383.27(3)(e) (e) An experiment shall be designed to provide definitive results within 5 years from the start of the experiment.

SPS 383.27(3)(f) (f) An experiment on a site not previously developed shall include a contingency plan that provides for a code complying replacement POWTS, if the experiment fails to meet the required performance standards of this chapter.

SPS 383.27(3)(g) (g) If the experiment is approved, the experimenter shall execute a signed agreement with the department setting forth the obligations of the parties.

SPS 383.27(3)(h) (h) Within 6 months of the completion of the experiment, the results or conclusions shall be forwarded to the department.

SPS 383.27 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 383.28 SPS 383.28 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 145.12, Stats.

SPS 383.28 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 383.29 SPS 383.29 Range of responses.

SPS 383.29(1) (1) 

SPS 383.29(1)(a) (a) Pursuant to s. 160.21, Stats., the department shall respond with any one or more of the actions delineated under Table 383.29 if the preventive action limits or enforcement standards enumerated in ch. NR 140 Tables 1 and 2 are exceeded at a point of standards application as a result of the performance of a POWTS, including a POWTS existing prior to July 1, 2000, except as provided in par. (b).

SPS 383.29(1)(b) (b) 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 s. SPS 383.03 (5).

- See PDF for table

SPS 383.29(2) (2) Pursuant to s. 160.21 (2), Stats., the point of standards application relative to the performance of POWTS shall be:

SPS 383.29(2)(a) (a) Any point of present groundwater use for potable water supply; and

SPS 383.29(2)(b) (b) Any point beyond the boundary of the property on which the facility, practice or activity is located.

SPS 383.29 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (a) Register January 2004 No. 577, eff. 2-1-04; correction in (1) (a), (b), Table 383.29 made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

subch. III of ch. SPS 383 Subchapter III — General Requirements

SPS 383.30 SPS 383.30 Purpose. This subchapter establishes parameters for the types of POWTS that may be used and how a POWTS may be used.

SPS 383.30 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 383.31 SPS 383.31 Principles. A POWTS shall be operated and used in such a manner so as not to render the POWTS inoperative or beyond its capabilities, and thereby, create a human health hazard.

SPS 383.31 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 383.32 SPS 383.32 Prohibitions and limitations.

SPS 383.32(1) (1) Prohibitions.

SPS 383.32(1)(a) (a) Except as provided in s. SPS 383.03 (4), the introduction of wastewater or substances in such quantities or concentrations to a POWTS, including a POWTS existing prior to July 1, 2000, that results in exceeding the enforcement standards and preventive action limits specified in ch. NR 140 Tables 1 and 2 at a point of standards application shall be prohibited.

SPS 383.32 Note Note: Section SPS 383.03 (4) reads:

SPS 383.32 Note (4) Groundwater standards. (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 383.32(1)(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 preventive action limit for chloride specified in ch. NR 140, Table 2, as existed on June 1, 1998.

SPS 383.32(1)(c) (c) Substances deleterious to a POWTS shall be intercepted, diluted or treated in accordance with s. SPS 382.34 prior to the substance discharging into a POWTS.

SPS 383.32(1)(d) (d) The use of a cesspool as a POWTS is prohibited, including any cesspool existing prior to July 1, 2000.

SPS 383.32(1)(e) (e) The final discharge of domestic wastewater or POWTS effluent to open bodies of water is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.

SPS 383.32(1)(f) (f) The final discharge of domestic wastewater or POWTS effluent to the ground surface is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.

SPS 383.32(1)(g) (g) The infiltrative surface of a treatment or dispersal component of a POWTS existing prior to December 1, 1969, which consists in part of soil may not be located in bedrock or groundwater.

SPS 383.32(1)(h) (h) The use of RV transfer tanks shall be restricted to any of the following sites:

SPS 383.32(1)(h)1. 1. Campgrounds permitted by the department of health services under ch. ATCP 79.

SPS 383.32(1)(h)2. 2. Properties where the use of the RV transfer tank is permitted by an adopted governmental unit ordinance and monitored by the governmental unit.

SPS 383.32(1)(i) (i) The use of camping unit transfer tanks shall be restricted to campgrounds permitted by the department of agriculture, trade and consumer protection under ch. ATCP 79.

SPS 383.32(2) (2) Local prohibitions.

SPS 383.32(2)(a) (a) A municipality may by ordinance prohibit or limit the installation and use of the following technologies, designs or methods as POWTS components:

SPS 383.32(2)(a)1. 1. A holding tank.

SPS 383.32(2)(a)2. 2. A constructed wetland as a POWTS treatment component.

SPS 383.32(2)(a)3. 3. An evapotranspiration bed as a POWTS treatment component.

SPS 383.32(2)(b) (b) A municipality may enact ordinances that are more restrictive than the applicable state minimum standards for those POWTS existing prior to December 1, 1972, except as provided in s. SPS 383.03 (2) (b) 2.

SPS 383.32 Note Note: The date, December 1, 1972, reflects the point in time at which the state plumbing code became a state-wide uniformly applied code rather than just a minimum standard. Since December 1, 1969 to July 1, 2000, the state plumbing code required 36 inches of soil between the infiltrative surface of a POWTS and high groundwater or bedrock.

SPS 383.32(2)(c) (c) A municipality may by ordinance restrict the ownership of a POWTS to a governmental entity or agency when the POWTS is to serve 2 or more structures or buildings that are located on more than one property.

SPS 383.32(3) (3) Limitations.

SPS 383.32(3)(a) (a) Industrial wastes and wastewater may not, unless approved by the department of natural resources, be introduced into a POWTS.

SPS 383.32 Note Note: The department of natural resources regulates the discharge of industrial wastes to land treatment systems under ch. NR 214. Section NR 214.02 reads in part:

SPS 383.32 Note “This chapter applies to those discharges of industrial wastes to land treatment systems not regulated under ch. NR 518. This includes but is not limited to liquid wastes, by-product solids and sludges generated by: fruit and vegetable processing, dairy products processing, meat, fish and poultry products processing, mink raising operations, aquaculture, commercial laundromat and motor vehicle cleaning operations and any other industrial, commercial or agricultural operation which results in a point source discharge that has no detrimental effects on the soils, vegetation or groundwater of a land treatment system.”

SPS 383.32(3)(b) (b) A POWTS may accept wastewater permitted under s. SPS 382.38 (3) (a) and Table 382.38–1.

SPS 383.32(3)(c) (c) Except as provided in ss. NR 116.12 (1) (e) and 116.15 (2) (b), no part of a POWTS may be installed in a floodway.

SPS 383.32 Note Note: See s. SPS 383.45 (6) for installations in a floodfringe.

SPS 383.32 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (e) and (f), (3) (a) and (b) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (1) (h) to be (1) (h) (intro.) and am., cr. (1) (h) 1. and 2., am. (3) (c) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (h) 1. made under s. 13.92 (4) (b) 6., Stats., Register September 2008 No. 633; correction in (1) (h) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (1) (a), (c), (2) (b), (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: am. (1) (h), (3) (b) Register June 2013 No. 690, eff. 7-1-13; correction in (1) (h) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734; EmR1707: emerg. cr. (1) (i), eff. 2-6-17; CR 17-017: cr. (1) (i) Register March 2018 No. 747, eff. 4-1-18.

SPS 383.33 SPS 383.33 Abandonment. A subsurface tank or pit that is no longer used as a POWTS component shall be abandoned by complying with all of the following:

SPS 383.33(1) (1) Disconnecting all piping to the tanks and pits.

SPS 383.33(2) (2) Sealing all disconnected piping to the tanks and pits.

SPS 383.33(3) (3) Pumping and disposing of the contents from all tanks and pits.

SPS 383.33 Note Note: The removal and disposal of the contents from treatment tanks, distribution tanks, seepage pits, and holding components is addressed in ch. NR 113 which is administered by the department of natural resources.

SPS 383.33(4) (4) Removing all tanks or removing the covers of the tanks or pits and filling the tanks and pits with soil, gravel or an inert solid material.

SPS 383.33 Note Note: Pursuant to s. 281.45, Stats., municipalities and sanitary districts may determine the availability of, and require connection to, public sewers. Section 281.45, Stats., reads in part:

SPS 383.33 Note “HOUSE CONNECTIONS. To assure preservation of public health, comfort and safety, any city, village or town or town sanitary district having a system of waterworks or sewerage, or both, may by ordinance require buildings used for human habitation and located adjacent to a sewer or water main, or in a block through which one or both of these systems extend, to be connected with either or both in the manner prescribed. If any person fails to comply for more than 10 days after notice in writing the municipality may impose a penalty or may cause connection to be made, and the expense thereof shall be assessed as a special tax against the property.”

SPS 383.33 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-031: am. (2) Register June 2013 No. 690, eff. 7-1-13.

subch. IV of ch. SPS 383 Subchapter IV — Design and Installation

SPS 383.40 SPS 383.40 Purpose. This subchapter establishes minimum parameters for the design and installation of a POWTS for the purpose of:

SPS 383.40(1) (1) Safeguarding public health;

SPS 383.40(2) (2) Minimizing the level of substances which have a reasonable probability of entering waters of the state; and

SPS 383.40(3) (3) Delineating measures, conditions and performance standards by which to evaluate designs.

SPS 383.40 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 383.41 SPS 383.41 Principles.

SPS 383.41(1) (1) A POWTS shall be designed to hold wastewater or reduce the contaminant load and disperse the flow of wastewater as specified in this subchapter.

SPS 383.41 Note Note: See s. SPS 382.34 (15) for requirements relating to special wastewater or mixed wastewater treatment or containment devices.

SPS 383.41(2) (2) A POWTS shall be designed to have sufficient capacity to accommodate the anticipated quantities of wastewater that will be discharged into the system.

SPS 383.41(3) (3) A POWTS intended to treat and disperse wastewater shall be designed to have sufficient ability to treat or separate out the anticipated types, quantities and concentrations of wastewater contaminants to be discharged into the system so that the dispersed wastewater will not create a human health hazard.

SPS 383.41(4) (4) A POWTS shall be designed to disperse wastewater below the surface of the ground at a rate that promotes long term assimilation into the soil and limits the possibility of surfacing.

SPS 383.41 History History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 383.42 SPS 383.42 Application.

SPS 383.42(1) (1) Design basis. The design of a POWTS shall be based on the methods and limitations outlined in this subchapter or on other documented data acceptable to the department.