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 SPS 387 NoteNote: Chapter SPS 387 is repealed eff. 6-30-21 by CR 17-065. Ch. SPS 387 NoteNote: Chapter NR 124 as it existed on February 29, 1992 was repealed and a new Chapter ILHR 87 was created effective March 1, 1992.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 Chapter Comm 87 as it existed on December 31, 1998 was repealed and a new chapter Comm 87 was created effective February 1, 1999.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 387.01SPS 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 387.02SPS 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 HistoryHistory: 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 387.03SPS 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)(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(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 HistoryHistory: 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 387.04SPS 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 NoteNote: 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 HistoryHistory: 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. SPS 387.05SPS 387.05 Grant application by participating governmental units. SPS 387.05(1)(a)(a) The participating governmental unit shall review information received from owners and determine eligibility under s. 145.245, Stats., and this chapter, except for applications for monitoring as specified in s. SPS 387.31. SPS 387.05(1)(b)(b) In order to receive an allocation of financial assistance, the participating governmental unit shall prepare and submit an application to the department. The application shall be on forms acceptable to the department. SPS 387.05 NoteNote: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms. SPS 387.05(2)(2) An application from a participating governmental unit for financial assistance to replace or rehabilitate a POWTS shall include all of the following: SPS 387.05(2)(a)(a) A list of owners approved as eligible by the participating governmental unit. The list shall include, at a minimum, the name of each owner and the maximum allowable amount of financial assistance as determined under s. SPS 387.30 or 387.31. SPS 387.05(3)(3) Governmental units may request pre-application assistance including technical assistance from the department. SPS 387.05(4)(4) Applications for grants from participating governmental units shall be postmarked no later than January 31 for consideration in the following project period. Participating governmental units may request in writing to the department prior to December 31, a six-month extension to the project period. SPS 387.05 HistoryHistory: 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 387.10SPS 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 NoteNote: 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) Ineligible 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 NoteNote: 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 HistoryHistory: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: 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 387.30SPS 387.30 Maximum allowable financial assistance amount.
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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