145.23 HistoryHistory: 1979 c. 221 ss. 607, 649. 145.24(1)(1) If an existing private on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02, the owner of the private on-site wastewater treatment system may petition the department for a variance to the siting or design standards. 145.24(2)(2) The department shall establish procedures for the review and evaluation of existing private on-site wastewater treatment systems which do not comply with siting or design standards. 145.24(3)(3) Upon receipt of a petition for a variance, the department shall require the owner of the private on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private on-site wastewater treatment system is not a failing private on-site wastewater treatment system, and continued use of the existing private on-site wastewater treatment system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private on-site wastewater treatment system. The department shall rescind the variance if the existing private on-site wastewater treatment system becomes a failing private on-site wastewater treatment system or contaminates waters of the state. 145.245145.245 Private on-site wastewater treatment system replacement or rehabilitation. 145.245(1)(a)(a) “Determination of failure” means any of the following: 145.245(1)(a)1.1. A determination that a private on-site wastewater treatment system is failing, according to the criteria under sub. (4), based on an inspection of the private on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private on-site wastewater treatment systems by the department. 145.245(1)(ae)(ae) “Governmental unit” means a governmental unit responsible for the regulation of private on-site wastewater treatment systems. “Governmental unit” also includes a federally recognized American Indian tribe or band. 145.245(1)(am)(am) “Indian lands” means lands owned by the United States and held for the use or benefit of Indian tribes or bands or individual Indians and lands within the boundaries of a federally recognized reservation that are owned by Indian tribes or bands or individual Indians. 145.245(1)(b)(b) “Participating governmental unit” means a governmental unit which applies to the department for financial assistance under sub. (8) and which meets the conditions specified under sub. (9). 145.245(1)(c)(c) “Principal residence” means a residence which is occupied at least 51 percent of the year by the owner. 145.245(1)(dm)(dm) “Sewage” means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12), with such surface water or groundwater as may be present. 145.245(1)(e)(e) “Small commercial establishment” means a commercial establishment or business place with a maximum daily waste water flow rate of less than 5,000 gallons per day. 145.245(4)(4) Failing private on-site wastewater treatment systems. The department shall establish criteria for determining if a private on-site wastewater treatment system is a failing private on-site wastewater treatment system. A failing private on-site wastewater treatment system is one which causes or results in any of the following conditions: 145.245(4)(a)(a) The discharge of sewage into surface water or groundwater. 145.245(4)(b)(b) The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system. 145.245(4)(c)(c) The discharge of sewage to a drain tile or into zones of bedrock. 145.245(4)(d)(d) The discharge of sewage to the surface of the ground. 145.245(4)(e)(e) The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system. 145.245(4m)(4m) Categories of failing private on-site wastewater treatment systems. For the purposes of this section, the department shall establish the category of each failing private on-site wastewater treatment system for which a grant application is submitted, as follows: 145.245(4m)(b)(b) Category 2: failing private on-site wastewater treatment systems described in sub. (4) (d). 145.245(4m)(c)(c) Category 3: failing private on-site wastewater treatment systems described in sub. (4) (e).