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Electronic reproduction of 2007-08 Wis. Stats.database,updated and current through 2009 Act 189 and March 31,2010.
<br /> 7 Updated 07-08 Wis.Stats.Database
<br /> Not eerdfledunder s.35.18(2),stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.20
<br /> (3) COPY OF PERMIT FORWARDED TO THE DEPARTMENT. Thegov- (b) Approve or disapprove applications for sanitary permits
<br /> ernmental unit responsible for the regulation of private sewage and assist applicants in preparing an approvable application.
<br /> systems shall forward a copy of each valid sanitary permit and (c) Issue written notice to each applicant whose sanitary permit
<br /> $20,or the amount determined under department rule,of the fee application is disapproved. Each notice shall state the specific
<br /> to the department within 90 days after the permit is issued. reasons for disapproval and amendments to the application,if any,
<br /> (4) USE OF FEE. The portion of this fee retained by the govem- which render the application approvable. Each notice shall also
<br /> mental unit responsible for the regulation of private sewage sys- give notice of the applicant's right to appeal and the procedures for
<br /> tems shall be used for the administration of private sewage system conducting an appeal under ch.68.
<br /> programs. (d) Inspect all private sewage systems after construction but
<br /> (5) FEE ADJUSTMENT. The department, by rule promulgated before backfilling no later than the end of the next workday,
<br /> under ch.227,may adjust the minimum permit fee under sub.(2) excluding Saturdays,Sundays and holidays,after receiving notice
<br /> and the fee portion forwarded under sub.(3), from the plumber in charge.
<br /> (6) GROUNDWATER FEE. In addition to the fee under sub.(2), (e) File reports and conduct surveys and inspections as
<br /> the governmental unit responsible for the regulation of private required by the governmental unit responsible for the regulation
<br /> sewage systems shall collect a groundwater fee of for each
<br /> sanitary permit. The governmental unit shall forwarrdd this fee to of private sewage systems or the department.
<br /> the department together with the copy of the sanitary permit and (f) Investigate violations of the private sewage system ordi-
<br /> the fee under sub.(3). The moneys collected under this subsection nance and s.254.59(2),issue orders to abate the violations and
<br /> shall be credited to the environmental fund for environmental submit orders to the district attorney,corporation counsel or attor-
<br /> management. ney general for enforcement.
<br /> History: 1979 c.34,221;1983 a.27;1983 a.189 s.329(20);1983 a.410;1987 (g) Perform other duties regarding private sewage systems as
<br /> a.27;1989 a.31;1997 a.27. considered appropriate by the governmental unit responsible for
<br /> Cross Reference: See also s.Comm 2.67,Wis.adni.code. the regulation of private sewage systems or as required by the
<br /> 145.195 Building on unsewered property. (1) No rules of the department.
<br /> county,city,town or village may issue a building permit for con- (h) Inspect existing private sewage systems to determine com-
<br /> struction of any structure requiring connection to a private sewage pliance with s. 145.195 if a building or structure is being con-
<br /> system unless a private sewage system satisfying all applicable strutted which requires connection to an existing private sewage
<br /> regulations already exists to serve the proposed structure or all system. The county is not required to conduct an on-site inspec-
<br /> permits necessary to install a private sewage system have been tion if a building or structure is being constructed which does not
<br /> obtained. require connection to an existing private sewage system.
<br /> (2) Before issuing a building permit for construction of any (i) Adopt and enforce the maintenance program under sub.(5).
<br /> structure on property not served by a municipal sewage treatment (3) DEPARTMENT RESPONSIBILITIES. (a) 1. The department
<br /> plant,the county,city,town or village shall determine that the pro- may specify categories of private sewage systems for which
<br /> posed construction does not interfere with a functioning private approval by the department is required prior to issuance of sani-
<br /> sewage system. The county, city, town or village may require tary permits by the governmental unit responsible for the regula-
<br /> building permit applicants to submit a detailed plan of the owner's tion of private sewage systems.
<br /> existing private sewage system. 2. The department may exempt a governmental unit from any
<br /> History: 1977 c.258;1999 a.150 s.87;Stars.1999 s.145.195;2007 a.147. category of private sewage systems for which departmental
<br /> NOTE:Chapter 258,[am of 1977,which created this section,contains a prefa- approval is required prior to sanitary permit issuance under subd.
<br /> tory note.
<br /> Cross Reference: See also ch.Comm 83,Wis.adm.code. 1.,upon a determination,in accordance with rules promulgated by
<br /> An onsite inspection of an existing private sewage system must be made before a the department,that past performance of the governmental unit on
<br /> buildin ed for any type of construction requiring a connection to reviews and audits under par.(b)has been satisfactory and that the
<br /> t at system. 75 Any.Gen.38. governmental unit has the capacity to give the same level of
<br /> application and plan review as that provided by the department.
<br /> 145.20 Private sewage systems. 1) ORGANIZATION AND The department may revoke an exemption upon a finding that per-
<br /> P y of the governmental unit formance of the governmental unit on a review or audit conducted
<br /> responsible for the regulation of private sewage systems may subsequent to the granting of the exemption is unsatisfactory or
<br /> assign the duties of administering the private sewage system pro- that the governmental unit is not giving the same level of applica-
<br /> gram to any office,department, committee,board,commission, tion and plan review as that provided by the department. Findings
<br /> position or employee of that governmental unit. in a revocation action may be made only after a public hearing
<br /> (am) The governing body of the governmental unit responsible upon 30 days' advance notice to the clerk of the governmental
<br /> for the regulation of private sewage systems may delegate the unit. The department shall submit a report under s. 13.172(2)to
<br /> duties of administering the private sewage system program to a the chief clerk of each house of the legislature,at the beginning of
<br /> town sanitary district or public inland lake protection and rehabi- each legislative session,describing the exemptions under this sub-
<br /> litation district with the powers of a town sanitary district within division.
<br /> the town sanitary district or public inland lake protection and reha- (b) The department shall review the private sewage system
<br /> bilitation district if the town sanitary district or public inland lake program in each governmental unit responsible for the regulation
<br /> protection and rehabilitation district agrees to assume those of private sewage systems to ascertain compliance with sub.(2)
<br /> duties. and with regulations issued by the department. This review shall
<br /> (b) The governmental unit responsible for the regulation of pri- include a random audit of sanitary permits,including verification
<br /> vate sewage systems shall obtain the services of a certified soil by on-site inspection.
<br /> tester, either as an employee or under contract, to review and (c) If the governing body for a governmental unit responsible
<br /> verify certified soil tester reports under sub.(2). for the regulation of private sewage systems does not adopt a pri-
<br /> (2) GOVERNMENTAL UNITRESPONStsmmes. Thegovernmental vate sewage system ordinance meeting the requirements of s.
<br /> unit responsible for the regulation of private sewage systems 59.70(5)or if the governmental unit does not appoint personnel
<br /> shall: meeting the requirements of sub.(1)or if the governmental unit
<br /> (a) Review certified soil tester reports for proposed private does not comply with the requirements of sub.(2)or s. 145.19(3),
<br /> sewage systems and verify the report at the proposed site,if neces- the department may conduct hearings in the county seat upon 30
<br /> sary. days'notice to the county clerk. As soon as practicable after the
<br /> Text from the 2007-08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
<br /> under s.35.18(2),stats. Statutory changes effective prior to 1-2-10 are printed as if currently in effect. Statutory changes effec-
<br /> tive on or after 1-2-10 are designated by NOTES. Report errors at (608) 266-3561, FAX 264-6948, http://www.le-
<br /> gis.state.wi.us/rsb/stats.It tml
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