Chapter SPS 387

Chapter SPS 387

PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM REPLACEMENT OR
REHABILITATION FINANCIAL ASSISTANCE PROGRAM

SPS 387.01   Purpose.

SPS 387.02   Applicability.

SPS 387.03   Definitions.

SPS 387.04   Application by governmental units to participate.

SPS 387.05   Grant application by participating governmental units.

SPS 387.10   Categories of POWTS.

SPS 387.20   Eligibility of owners.

SPS 387.21   Ineligibility of owners.

SPS 387.30   Maximum allowable financial assistance amount.

SPS 387.31   Maximum allowable financial assistance amount for experimental POWTS.

SPS 387.32   Ineligible rehabilitation or replacement work.

SPS 387.40   Application by owners.

SPS 387.50   Alternate evidence of income.

SPS 387.70   Allocation of funds and financial assistance awards.

SPS 387.71   Payments to participating governmental units.

SPS 387.72   Payments for monitoring of experimental systems.

SPS 387.80   Program enforcement.

SPS 387.81   Program audit.

SPS 387.90   Petition for variance.

SPS 387.91   Process for appeal.

Ch. SPS 387 Note Note: Chapter SPS 387 is repealed eff. 6-30-21 by CR 17-065.

Ch. SPS 387 Note Note: Chapter NR 124 as it existed on February 29, 1992 was repealed and a new Chapter ILHR 87 was created effective March 1, 1992. Chapter ILHR 87 was renumbered Chapter Comm 87 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494. Chapter Comm 87 as it existed on December 31, 1998 was repealed and a new chapter Comm 87 was created effective February 1, 1999. Chapter Comm 87 was renumbered chapter SPS 387 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

SPS 387.01 SPS 387.01 Purpose. The purpose of this chapter is to establish rules under s. 145.245, Stats., for the implementation and administration of a financial assistance program to reimburse eligible property owners a portion of the cost of replacing or rehabilitating failing private onsite wastewater treatment systems (POWTS).

SPS 387.01 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.

SPS 387.02 SPS 387.02 Applicability. For applications received under the provisions of this chapter, subs. (1) and (2) shall apply. For date of installation of existing systems, sub. (3) shall apply.

SPS 387.02(1) (1) This chapter applies to applications received by the department on or after February 1, 2005.

SPS 387.02(2) (2) Applications received by the department prior to February 1, 2005 are governed by the rules as they existed on or before January 31, 2005.

SPS 387.02(3) (3) This chapter applies to existing failing POWTS installed prior to July 1, 1978.

SPS 387.02 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; CR 04-068: am. (1) and (2), cr. (3) Register January 2005 No. 589, eff. 2-1-05.

SPS 387.03 SPS 387.03 Definitions. The following definitions apply to this chapter.

SPS 387.03(5) (5) “Owner”, for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS.

SPS 387.03(7) (7) “Person” means any one of the following:

SPS 387.03(7)(a) (a) Any individual including the estate of an individual.

SPS 387.03(7)(b) (b) Two or more individuals having a joint or common interest in a principal residence, as defined in s. 145.245 (1) (c), Stats., which uses a POWTS.

SPS 387.03(7)(c) (c) A nonprofit corporation as defined in s. 181.0103 (17), Stats.

SPS 387.03(9) (9) “Project period” means any of the following:

SPS 387.03(9)(a) (a) For applications submitted to the department for installations of replacement of private onsite wastewater treatment systems, project period means the period of time beginning on February 1 and ending on December 31 of the following year.

SPS 387.03(9)(b) (b) For applications submitted to the department for annual costs of monitoring replacement experimental sewage systems, project period means the period beginning on February 1 and ending on December 31 of the 5th year after the date of installation.

SPS 387.03 History History: Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532; CR 04-068: am. (5), (7) (b) and (9) (intro.), cr. (7m) and (9)(c) Register January 2005 No. 589, eff. 2-1-05; correction in (7m) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633; correction in (1), (7m) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 17-065: r. (1) to (4), (6), (7m), (8), am. (9) (a), r. (9) (c), (10) Register June 2018 No. 750, eff. 7-1-18.

SPS 387.04 SPS 387.04 Application by governmental units to participate. An application by a governmental unit to participate in this program shall include at least all of the following:

SPS 387.04(1) (1) Certified copies of the following approved resolutions of the governing body of the governmental unit as follows:

SPS 387.04(1)(a) (a) A resolution designating an authorized representative and authorizing such representative to apply for a grant under s. 145.245, Stats., and this chapter on behalf of the governmental unit. The authorized representative shall be an official or employee of the governmental unit.

SPS 387.04(1)(b) (b) A resolution certifying that grants will be used for rehabilitation or replacement of a POWTS for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements of s. 145.245 (5), Stats., that the funds will be used as provided under s. 145.245 (6), Stats., and that the maximum allowable amount of financial assistance will not exceed the amount permitted under s. 145.245 (7), Stats., and Tables 387.30-1 to 387.30-6.

SPS 387.04(1)(c) (c) A resolution certifying that grants will be used for replacement or rehabilitation of POWTS which will be properly installed and maintained.

SPS 387.04(1)(d) (d) A resolution certifying that financial assistance provided to the governmental unit will be disbursed to eligible owners, as specified in s. SPS 387.30 and s. 145.245, Stats.

SPS 387.04(2) (2) Documentation of a regulatory program to insure proper installation and maintenance of all new or replacement POWTS constructed in the area of jurisdiction of the governmental unit. An approvable regulatory program shall include the following:

SPS 387.04(2)(a) (a) Adoption of an ordinance that specifically requires compliance with the maintenance program set forth in par. (d). and that specifically grants enforcement authority to the governmental unit.

SPS 387.04(2)(b) (b) A system for providing written notice of the maintenance program requirements to each owner applying for a sanitary permit.

SPS 387.04(2)(c) (c) An inspection program, that includes at least one inspection during installation of a POWTS.

SPS 387.04(2)(d) (d) A maintenance program in effect.

SPS 387.04 Note Note: For additional maintenance program requirements, refer to ch. SPS 383.

SPS 387.04(2)(e) (e) A central record keeping system, capable of maintaining records for a period of not less than six years from the date of a POWTS installation and capable of providing evidence that the governmental unit is administering the program as specified in this chapter.

SPS 387.04(2)(f) (f) Where considered appropriate by the governmental unit, a system of user charges and cost recovery that assures that each recipient of service under this program will pay a proportionate share of the program costs. User charges and cost recovery may include the cost of the grant application fee and the cost of supervising and maintaining an installation and maintenance program.

SPS 387.04(3) (3) Other information as requested by the department.

SPS 387.04 History History: CR 04-068: cr. Register January 2005 No. 589, eff. 2-1-05; correction in (1) (b), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.