145.20 Private on-site wastewater treatment systems.

1,091 words·~5 min read·/wi/chapter-145/145-20-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Organization and personnel.

(a)The governing body of the governmental unit responsible for the regulation of private on-site wastewater treatment systems may assign the duties of administering the private on-site wastewater treatment system program to any office, department, committee, board, commission, position or employee of that governmental unit.

(am)The governing body of the governmental unit responsible for the regulation of private on-site wastewater treatment systems may delegate the duties of administering the private on-site wastewater treatment system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.

(b)The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under sub.

(2).

(2)Governmental unit responsibilities. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall:

(a)Review certified soil tester reports for proposed private on-site wastewater treatment systems and verify the report at the proposed site, if necessary.

(b)Approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application.

(c)Issue written notice to each applicant whose sanitary permit application is disapproved. Each notice shall state the specific reasons for disapproval and amendments to the application, if any, which render the application approvable. Each notice shall also give notice of the applicant’s right to appeal and the procedures for conducting an appeal under ch. 68 .

(d)Inspect all private on-site wastewater treatment systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.

(e)File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or the department.

(f)Investigate violations of the private on-site wastewater treatment system ordinance and s. 254.59

(2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.

(g)Perform other duties regarding private on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or as required by the rules of the department.

(h)Inspect existing private on-site wastewater treatment systems to determine compliance with s. 145.195 if a building or structure is being constructed which requires connection to an existing private on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.

(i)Adopt and enforce the maintenance program under sub.

(5).

(3)Department responsibilities.

1. The department may specify categories of private on-site wastewater treatment systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

2. The department may exempt a governmental unit from any category of private on-site wastewater treatment systems for which departmental approval is required prior to sanitary permit issuance under subd. 1. , upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under par.

(b)has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days’ advance notice to the clerk of the governmental unit. The department shall submit a report under s. 13.172

(2)to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

(b)The department shall review the private on-site wastewater treatment system program in each governmental unit responsible for the regulation of private on-site wastewater treatment systems to ascertain compliance with sub.

(2)and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

(c)If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70

(5)or if the governmental unit does not appoint personnel meeting the requirements of sub.

(1)or if the governmental unit does not comply with the requirements of sub.

(2)or s. 145.19

(3), the department may conduct hearings in the county seat upon 30 days’ notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70

(5)or 145.19

(3)or sub.

(1)or

(2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

(d)The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17

(3)to improve the delivery of service under the private on-site wastewater treatment system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.

(4)Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private on-site wastewater treatment system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under s. 66.0703 .

(5)Maintenance.