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(c) “Indian lands" means lands owned by the United States and held for the use
5or benefit of Indian tribes or bands or individual Indians and lands within the
6boundaries of a federally recognized reservation that are owned by Indian tribes or
7bands or individual Indians.
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(d) “Participating governmental unit" means a governmental unit which
9applies to the department for financial assistance under sub. (7) and which meets the
10conditions specified under sub. (8).
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(e) “Principal residence" means a residence which is occupied at least 51
12percent of the year by the owner.
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(f) “Sewage" means the water-carried wastes created in and to be conducted
14away from residences, industrial establishments, and public buildings, as defined in
15s. 101.01 (12), with such surface water or groundwater as may be present.
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(g) “Small commercial establishment" means a commercial establishment or
17business place with a maximum daily waste water flow rate of less than 5,000 gallons
18per day.
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19(2) Categories of failing private on-site wastewater treatment systems. For
20the purposes of this section, the department shall establish the category of each
21failing private on-site wastewater treatment system for which a grant application
22is submitted, as follows:
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(a) Category 1: failing private on-site wastewater treatment systems described
24in s. 145.01 (4m) (a) to (c).
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1(b) Category 2: failing private on-site wastewater treatment systems described
2in s. 145.01 (4m) (d).
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(c) Category 3: failing private on-site wastewater treatment systems described
4in s. 145.01 (4m) (e).
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5(3) Eligibility. (a) 1. A person is eligible for grant funds under this section if
6he or she owns a principal residence which is served by a category 1 or 2 failing
7private on-site wastewater treatment system, if the private on-site wastewater
8treatment system was installed before July 1, 1978, if the family income of the person
9does not exceed the income limitations under par. (c), if the amount of the grant
10determined under sub. (6) is at least $100, if the residence is not located in an area
11served by a sewer, and if determination of failure is made prior to the rehabilitation
12or replacement of the failing private on-site wastewater treatment system.
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2. A business is eligible for grant funds under this section if it owns a small
14commercial establishment which is served by a category 1 or 2 failing private on-site
15wastewater treatment system, if the private on-site wastewater treatment system
16was installed before July 1, 1978, if the gross revenue of the business does not exceed
17the limitation under par. (d), if the small commercial establishment is not located in
18an area served by a sewer, and if a determination of failure is made prior to the
19rehabilitation or replacement of the private on-site wastewater treatment system.
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3. A person who owns a principal residence or small commercial establishment
21which is served by a category 1 or 2 failing private on-site wastewater treatment
22system may submit an application for grant funds during the 3-year period after the
23determination of failure is made. Grant funds may be awarded after work is
24completed if rehabilitation or replacement of the system meets all requirements of
25this section and rules promulgated under this section.
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1(b) Each principal residence or small commercial establishment may receive
2only one grant under this section.
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(c) 1. In order to be eligible for grant funds under this section, the annual family
4income of the person who owns the principal residence may not exceed $45,000.
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2. Except as provided under subd. 4., annual family income shall be based upon
6the federal adjusted gross income of the owner and the owner's spouse, if any, as
7computed for the taxable year prior to the year in which the determination of failure
8is made.
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3. In order to be eligible for grant funds under this section, a person shall
10submit a copy of the federal income tax returns upon which the determination of
11federal adjusted gross income under subd. 2. was made together with any application
12required by the governmental unit.
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4. A governmental unit may disregard the federal income tax return that is
14submitted under subd. 3. and may determine annual family income based upon
15satisfactory evidence of federal adjusted gross income or projected federal adjusted
16gross income of the owner and the owner's spouse in the current year. The
17department shall promulgate rules establishing criteria for determining what
18constitutes satisfactory evidence of federal adjusted gross income or projected
19federal adjusted gross income in a current year.
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(d) 1. In order to be eligible for grant funds under this section, the annual gross
21revenue of the business that owns the small commercial establishment may not
22exceed $362,500.
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2. Except as provided in subd. 4., annual gross revenue shall be based upon the
24gross revenue of the business for the taxable year prior to the year in which the
25determination of failure is made. The department shall promulgate rules
1establishing criteria for determining what constitutes satisfactory evidence of gross
2revenue in a prior taxable year.
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3. In order to be eligible for grant funds under this section, a business shall
4submit documentation required by the department under subd. 2. together with any
5application required by the governmental unit.
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4. A governmental unit may disregard the documentation of gross revenue for
7the taxable year prior to the year in which the determination of failure is made and
8may determine annual gross revenue based upon satisfactory evidence of gross
9revenue of the business in the current year. The department shall promulgate rules
10establishing criteria for determining what constitutes satisfactory evidence of gross
11revenue in a current year.
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(e) The department of revenue shall, upon request by the department, verify
13the income information submitted by an applicant or grant recipient.
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14(4) Denial of application. (a) The department or a governmental unit shall
15deny a grant application under this section if the applicant or a person who would
16be directly benefited by the grant intentionally caused the conditions which resulted
17in a category 1 or 2 failing private on-site wastewater treatment system. The
18department or governmental unit shall notify the applicant in writing of a denial,
19including the reason for the denial.
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(b) The department shall notify a governmental unit if an individual's name
21appears on the statewide support lien docket under s. 49.854 (2) (b). The department
22or a governmental unit shall deny an application under this section if the name of
23the applicant or an individual who would be directly benefited by the grant appears
24on the statewide support lien docket under s. 49.854 (2) (b), unless the applicant or
25individual who would be benefited by the grant provides to the department or
1governmental unit a payment agreement that has been approved by the county child
2support agency under s. 59.53 (5) and that is consistent with rules promulgated
3under s. 49.858 (2) (a).
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4(5) Use of funds. (a) Except for grants under par. (b), funds available under
5a grant under this section shall be applied to the rehabilitation or replacement of the
6private on-site wastewater treatment system. An existing private on-site
7wastewater treatment system may be replaced by an alternative private on-site
8wastewater treatment system or by a system serving more than one principal
9residence.
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(b) Funds available under a grant under this section for experimental private
11on-site wastewater treatment systems shall be applied to the installation and
12monitoring of the experimental private on-site wastewater treatment systems.
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13(6) Allowable costs; state share. (a) Except as provided in par. (e), costs
14allowable in determining grant funding under this section may not exceed the costs
15of rehabilitating or replacing a private on-site wastewater treatment system that
16would be necessary to allow the rehabilitated system or new system to meet the
17minimum requirements of the state plumbing code promulgated under s. 145.02.
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(b) Except as provided in par. (e), costs allowable in determining grant funding
19under this section may not exceed the costs of rehabilitating or replacing a private
20on-site wastewater treatment system by the least costly methods, except that a
21holding tank may not be used as the measure of the least costly method for
22rehabilitating or replacing a private on-site wastewater treatment system other
23than a holding tank.
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(c) Except as provided in pars. (d) and (e), the state grant share under this
25section is limited to $7,000 for each principal residence or small commercial
1establishment to be served by the private on-site wastewater treatment system or
2to the amount determined by the department based upon private on-site wastewater
3treatment system grant funding tables, whichever is less. The department shall
4prepare and publish private on-site wastewater treatment system grant funding
5tables which specify the maximum state share limitation for various components and
6costs involved in the rehabilitation or replacement of a private on-site wastewater
7treatment system based upon minimum size and other requirements specified in the
8state plumbing code promulgated under s. 145.02. The maximum state share
9limitations shall be designed to pay approximately 60 percent of the average
10allowable cost of private on-site wastewater treatment system rehabilitation or
11replacement based upon estimated or actual costs of that rehabilitation or
12replacement. The department shall revise the grant funding tables when it
13determines that 60 percent of current costs of private on-site wastewater treatment
14system rehabilitation or replacement exceed the amounts in the grant funding tables
15by more than 10 percent, except that the department may not revise the grant
16funding tables more often than once every 2 years.