SPS 387.05 History
History: CR 04-068: cr.
Register January 2005 No. 589, eff. 2-1-05; correction in (1) (a), (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 387.10
SPS 387.10
Categories of POWTS. The department and the participating governmental unit shall use the following categories of failing POWTS to determine financial assistance eligibility under s.
145.245 (5), Stats., and
s. SPS 387.20, to financial assistance under s.
145.245 (7), Stats., and
ss. SPS 387.30 and
387.31:
SPS 387.10(1)
(1) Eligible for financial assistance award. As specified in s.
145.245 (5), Stats., only category 1 or category 2 failing POWTS are eligible for assistance under this chapter.
SPS 387.10 Note
Note: Section
145.245 (5), Stats., defines failure for two categories which are eligible for grant awards — Category 1, failing private sewage system as defined in s.
145.245 (4) (a) to
(c), Stats.; Category 2, failing private sewage system as defined in s.
145.245 (4) (d), Stats.
SPS 387.10(2)
(2) I
neligible for financial assistance award. As specified in s.
145.245 (5), Stats., those systems that fail as a result of back up of sewage into the structure served, are not eligible for assistance under this chapter.
SPS 387.10 Note
Note: Section
145.245 (5), Stats., defines Category 3, failing private sewage system as defined in s.
145.245 (4) (e), Stats., as ineligible for a grant award.
SPS 387.10 History
History: Cr.
Register, December, 1998, No. 516, eff. 2-1-99;
CR 04-068: am. (intro.), (1) and (2)
Register January 2005 No. 589, eff. 2-1-05; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 387.20(1)
(1)
General. A person who owns a principal residence served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 or a business which owns a small commercial establishment served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 is eligible for financial assistance under this chapter if the person or business:
SPS 387.20 Note
Note: Section
145.245 (5) (c) 1., Stats., specifies that to be eligible for grant awards under this section, the annual family income of the person who owns the principal residence may not exceed $45,000. Section
145.245 (5) (d) 1., Stats., specifies that to be eligible for grant awards under this section, the annual gross revenue of the business that owns the small commercial establishment may not exceed $362,500.
SPS 387.20(1)(b)
(b) Submits an application to the participating governmental unit in which the failing POWTS is located.
SPS 387.20(1)(c)
(c) Has completed all rehabilitation or replacement work in accordance with the enforcement order and the state plumbing code,
chs. SPS 382 to
384. Any variances or petitions to modify specific state plumbing code requirements shall be approved in writing by the department prior to the installation of the system.
SPS 387.20(1)(d)
(d) Owned the principal residence or small commercial establishment which is served by the category 1 or 2 failing POWTS. A person does not meet this condition if he or she did not own the property at the time the POWTS was failing and subject to a determination of failure. The buyer of the property is not eligible if the failing POWTS was replaced prior to the date of sale. The seller of the property is not eligible if the determination of failure was made after the date of sale.
SPS 387.20(2)
(2) Private nonprofit entities. For the purposes of this chapter a small commercial establishment may be owned by a private nonprofit corporation as defined in s.
181.0103 (17), Stats.
SPS 387.20(3)
(3) Ineligible entities. Structures owned by any of the following entities are not eligible for financial assistance awards:
SPS 387.20(3)(b)
(b) An office, department, independent agency, institution of higher education, association, society or other body in state government.
SPS 387.20(4)(a)(a) For a principal residence or small commercial establishment that meets all of the requirements of s.
145.245, Stats., the maximum allowable financial assistance amount shall be limited to the minimum POWTS capacity that would have been necessary to serve the original structure. Any increase in capacity required to serve a larger replacement structure shall not be eligible.
SPS 387.20 Note
Note: An example where par. (a) applies would be a POWTS that once served a 3-bedroom structure and the replacement structure is 4 or more bedrooms; the financial assistance would be based on the maximum allowable amount for a POWTS sized for 3-bedrooms.
SPS 387.20(4)(b)
(b) For a principal residence or small commercial establishment that meets all of the requirements of s.
145.245, Stats., the maximum allowable financial assistance amount shall be limited to the minimum POWTS capacity that would have been necessary to serve the existing structure. Any increase in capacity required to serve the existing structure may be eligible.
SPS 387.20 Note
Note: An example where par. (b) applies would be a POWTS that once served a 2-bedroom structure and such POWTS was later determined to be acceptable for a 3-bedroom structure. The existing structure served by such POWTS contains 3 bedrooms; the financial assistance would be based on the maximum allowable amount for a POWTS sized for 3-bedrooms.
SPS 387.20 History
History: Cr.
Register, December, 1998, No. 516, eff. 2-1-99; correction in (2) made under s. 13.93 (2m) (b) 7.,
Register, April, 2000, No. 532;
CR 04-068: am. (1) (intro.), (1) (b), (d) and (3) (intro.), r. and recr. (4)
Register January 2005 No. 589, eff. 2-1-05; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 387.21(1)
(1) As specified under s.
145.245 (5m) (b), Stats., the department shall notify a governmental unit if it receives a certification under s.
49.855 (3), Stats., that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
SPS 387.21(2)
(2) The department or a governmental unit shall deny an application under
sub. (1) if the department receives a certification under s.
49.855 (3), Stats., that the owner or an individual who would directly benefit by the financial assistance is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
SPS 387.21(3)
(3) The department or a governmental unit shall deny an application if a financial assistance amount under this chapter has been previously awarded for rehabilitation or replacement work at the same site, except for financial assistance awarded on an annual basis for monitoring of approved experimental POWTS, as specified in
s. SPS 387.31.
SPS 387.21 History
History: Cr.
Register, December, 1998, No. 516, eff. 2-1-99;
CR 04-068: am. (2) and (3)
Register January 2005 No. 589, eff. 2-1-05; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register January 2005 No. 589; correction in (3) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 387.30
SPS 387.30
Maximum allowable financial assistance amount. SPS 387.30(1)(1)
Eligible rehabilitation or replacement work. Except as provided under
sub. (5) and
s. SPS 387.72, POWTS work eligible for financial assistance awards shall be limited to those activities listed in the financial assistance awards under
sub. (3), and Tables 387.30-1 to 387.30-6 and the maximum amount specified in s.
145.245 (7) (c), Stats.
SPS 387.30 Note
Note: Section
145.245 (7) (c), Stats., limits the state grant share to $7,000.
SPS 387.30(2)
(2) Least costly methods. As specified in s.
145.245 (7) (b), Stats., costs allowable in determining financial assistance funding under this section may not exceed the costs of rehabilitating or replacing a POWTS by the least costly methods. Only eligible work necessary to meet the minimum requirements of the state plumbing code by the least costly methods may be allowed in determining financial assistance awards under this chapter.
SPS 387.30(3)
(3) Financial assistance awards. Financial assistance awards shall be determined by calculating the maximum allowable financial assistance amount by type of system, system component, or service provided.
SPS 387.30(3)(a)
(a)
Site evaluation and soil testing. The maximum allowable financial assistance amount for site evaluation and soil testing is $250.
SPS 387.30(3)(b)
(b)
Installation of a replacement or additional POWTS anaerobic treatment component. The maximum allowable financial assistance amount for installation of a replacement POWTS anaerobic treatment component is listed in Table 387.30-1.
SPS 387.30(3)(c)
(c)
Installation of a POWTS dosing component and lift pump or siphon. The maximum allowable financial assistance amount for installation of a POWTS dosing component and lift pump or siphon is listed in Table 387.30-2.
SPS 387.30(3)(d)
(d)
Installation of a non-pressurized and in-ground pressure POWTS treatment or dispersal component. The maximum financial assistance amount for installation of non-pressurized and in-ground pressure POWTS treatment or dispersal component is listed in Table 387.30-3.
SPS 387.30(3)(e)
(e)
Installation of an at-grade or mound POWTS treatment or dispersal component. The maximum allowable financial assistance amount for installation of at-grade or mound POWTS treatment or dispersal component is listed in Table 387.30-4.
SPS 387.30(3)(f)
(f)
Installation of a POWTS holding tank component. The maximum allowable financial assistance amount for installation of a POWTS holding tank component is listed in Table 387.30-5.
SPS 387.30(3)(g)
(g)
Replacement exterior grease interceptor. The maximum allowable financial assistance amount for installation of a replacement exterior grease interceptor is listed in Table 387.30-6.
Table 387.30-1
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A REPLACEMENT POWTS ANAEROBIC TREATMENT COMPONENT
Installation of a Replacement POWTS Anaerobic Treatment Component by Design Flow
-
See PDF for table 
Table 387.30-2
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A REPLACEMENT COMPONENT AND LIFT PUMP OR SIPHON
Table 387.30-3
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF NON-PRESSURIZED AND IN-GROUND PRESSURE POWTS TREATMENT OR DISPERSAL COMPONENT
Installation of a Non-Pressurized and In-Ground Pressure POWTS Treatment or Dispersal Component
-
See PDF for table
Table 387.30-4
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF AT-GRADE OR MOUND POWTS TREATMENT OR DISPERSAL COMPONENT
Installation of an At-Grade or Mound POWTS Treatment or Dispersal Component
-
See PDF for table
Table 387.30-5
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF A POWTS HOLDING TANK COMPONENT
Table 387.30-6
MAXIMUM ALLOWABLE FINANCIAL ASSISTANCE AMOUNT FOR INSTALLATION OF REPLACEMENT EXTERIOR GREASE INTERCEPTOR
Installation of Replacement Exterior Grease Interceptor by Capacity
-
See PDF for table SPS 387.30(5)
(5) Exceptions to the financial assistance award tables. SPS 387.30(5)(a)(a) The department may determine on a case-by-case basis the maximum allowable financial assistance amount for types of POWTS which are not covered under
sub. (3) and Tables 387.30-1 to 387.30-6.
SPS 387.30(5)(b)
(b) The maximum allowable financial assistance amount for POWTS work done on property owned by a licensed plumber or contractor engaged in the business of installing POWTS shall be limited to two-thirds of the financial assistance amount or $4,667, whichever is less.
SPS 387.30(5)(c)
(c) The maximum allowable financial assistance amount for each principal residence or small commercial establishment shall be limited to 60% of the total cost of replacement or the amount determined under
sub. (3) and Tables 387.30-1 to 387.30-6, whichever is less.
SPS 387.30 Note
Note: Under s.145.245 (7) (d), Stats., if the income of the person who owns a principal residence exceeds $32,000 and the residence is served by a category 1 or category 2 failing private sewage system, the amount of the grant award under this section is limited to the amount determined in par. (c) less 30% of the amount which the person's income exceeds $32,000.
SPS 387.30 History
History: Cr.
Register, December, 1998, No. 516, eff. 2-1-99;
CR 04-068: am.
Register January 2005 No. 589, eff. 2-1-05;
CR 07-100: am. (1) and Tables 87.30-3 to 5
Register September 2008 No. 633, eff. 10-1-08; correction in (1), (3) (b), (c), (d), (e), (f), (g), (4), (5) (a), (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 17-065: r. and recr. Tables 387.30-1 to 387.30-6, r. (4) Register June 2018 No. 750, eff. 7-1-18. SPS 387.31
SPS 387.31
Maximum allowable financial assistance amount for experimental POWTS. SPS 387.31(1)
(1) Pursuant to s.
145.245 (7) (e), Stats., this section establishes the parameters for allocating the maximum allowable state financial assistance award for experimental POWTS.
SPS 387.31(2)
(2) The department may determine on a case-by-case basis the maximum allowable financial assistance amount for the installation and monitoring of an experimental POWTS installed under s.
145.02 (3) (b), Stats.
SPS 387.31(3)
(3) As specified in s.
145.245 (11m) (d), Stats., the department may prorate available funds for the installation and monitoring of an experimental POWTS.
SPS 387.32
SPS 387.32
Ineligible rehabilitation or replacement work. For the purposes of establishing work which is not eligible for a financial assistance award under this chapter, the following items or projects are considered ineligible work:
SPS 387.32(1)(a)(a) Rehabilitation or replacement of a failing POWTS conducted before the date on which the governmental unit adopts this program.
SPS 387.32(1)(b)
(b) Rehabilitation or replacement of a failing POWTS with an experimental POWTS conducted without department pre-approval as specified under
s. SPS 387.40 (1) (b).
SPS 387.32(2)
(2) Except for site evaluation, soil testing under
s. SPS 387.30 (3) (a) and issuing the sanitary permit, rehabilitation or replacement of a failing POWTS done before the determination of failure was made.
SPS 387.32(3)
(3) Rehabilitation or replacement of a failing POWTS where a determination is made that public sewer is available to the property as determined by the municipality that owns or operates the public sewer.
SPS 387.32(4)
(4) Connection to a municipal sewage treatment works.
SPS 387.32(5)
(5) Installation of a small sewage treatment plant with a surface discharge.
SPS 387.32 History
History: Cr.
Register, December, 1998, No. 516, eff. 2-1-99;
CR 04-068: am. (1) to (3) and (6)
Register January 2005 No. 589, eff. 2-1-05; correction in (1) (b), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 387.40(1)(a)(a) In order to be eligible to receive a financial assistance award under this chapter, the owner of a failing POWTS shall submit an application to the participating governmental unit in which the POWTS is located. The application shall be made on forms that are acceptable to the department.
SPS 387.40(1)(b)
(b) In order to be eligible to receive a financial assistance award for experimental systems under this chapter, an owner shall receive written pre-approval for such system from the department and submit information, in addition to those items specified in
par. (a), that:
SPS 387.40(1)(b)1.
1. Documents that the experimental system is being conducted by an individual or entity as a research project under the management of the department.
