Section 110.08. Facilities plans for reviewable projects.

 

(1)   Applicability. A facilities plan shall be prepared for each reviewable project submitted to the department for approval. Facilities plans for sewage treatment facilities or new sewage collection systems shall be submitted to and approved by the department prior to submittal of the construction plans and specifications. The department may accept construction plans and specifications for review prior to facilities plan approval provided that all substantive issues of the facilities plan review have been resolved.

(2)   Content. The facilities plan for municipally owned sewage treatment facilities, sewage collection systems, and interceptors shall contain all of the information required by s. NR 110.09 (1) through (6) , 110.10 (1) and (2) , or 110.11 (1) , whichever are applicable. The following facilities planning requirements do not apply to nonmunicipally owned facilities: s. NR 110.09 (1) (b) 3. , 5. and 8. , and (2) (b) to (e) and (j) to (m) . The level of detail necessary to fulfill the requirements of this subsection may vary depending on the size and complexity of the project.

(3)   Wisconsin environmental policy act review. Facilities plans shall be reviewed by the department in accordance with ch. NR 150 .

(4)   Conformance with approved areawide waste treatment management plans. All approvable sewerage system facility plans must be in conformance with approved areawide waste treatment management plans unless the department determines that such plans conflict with the department's responsibilities to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private. In the absence of an approved areawide waste treatment management plan, no determination of such conformance is required.

(5)   Approval of new sewage treatment facilities. It is the policy of the department to restrict the construction of new sewage treatment facilities in order to preserve and protect the quality of the waters of the state. The department may deny requests for approval of new sewage treatment facilities unless they meet the following criteria:

(a) Treatment facilities to serve existing residential development. Proposals for new treatment facilities to serve existing residential development may not be approved unless:

1. They are necessary to solve a documented and severe existing water quality (groundwater or surface water) or public health problem related to inadequate existing residential sewage disposal; or, are needed to replace an existing treatment facility which is not in compliance with its WPDES permit;

2. They are the cost-effective alternative solution in accordance with s. NR 110.09 (1) (a) ; and

3. They are municipally owned, operated and maintained.

(b) Interim treatment facilities. An interim treatment facility is one which would serve areas which are within the future sewer service area of another existing facility as delineated in an approved areawide water quality management plan as provided for in ch. NR 121 . Proposals for new interim treatment facilities may not be approved unless:

1. They are necessary to solve a documented and severe existing water quality (groundwater or surface water) or public health problem related to inadequate existing residential sewage disposal; or, are needed to replace an existing treatment facility which is not in compliance with its WPDES permit;

2. They are the cost-effective alternative solution in accordance with s. NR 110.09 (1) (a) ;

3. They are municipally owned, operated and maintained;

4. The sewage collection system is designed so that it can be easily connected to the regional system in the future;

5. The sewer service area of the proposed system lies entirely within the planned service area of the regional system as delineated in an approved areawide water quality management plan; and

6. An agreement is signed by all involved municipalities which provides for a specified date of abandonment and connection. This intermunicipal agreement may be reviewed and approved by the department prior to facilities plan approval. The WPDES permits may contain schedules for facilities abandonment and connection.

(c) Treatment facilities serving isolated nonresidential development. Nonresidential development includes things such as parks and recreational facilities, airports, highway oriented commercial facilities and institutions such as hospitals, nursing homes, prisons and schools. Proposals for new treatment facilities to serve nonresidential development may not be approved unless:

1. Joint treatment with other wastewater treatment systems is not feasible;

2. The proposed facilities are designed to treat only wastes generated by the proposed nonresidential development; and

3. The WPDES permit limits service to the proposed nonresidential development.

(d) Treatment facilities to serve new residential development. Proposals for new treatment facilities intended to serve new residential development such as facilities for residential subdivisions, mobile home parks and condominium developments may be denied.

(dg) Variances. Variances to this general prohibition may be granted:

1. Only after the department has considered:

a. The general public interest;

b. Environmental impacts;

c. Socioeconomic impacts; and

d. The impact on orderly development and provision of general governmental services within the service area; and

2. Only after a finding that all of the following criteria are met:

a. The proposal is consistent with the department's responsibility to protect, maintain and improve the quality and management of the waters of the state;

b. The proposed facilities will be municipally owned, operated and maintained;

c. The proposed facilities will be more cost-effective in accordance with s. NR 110.09 (1) (a) than other treatment and discharge alternatives; and

d. All other federal, state and local approvals and permits have been obtained.

(dm) Treatment facilities to serve existing mobile home parks and condominium developments. Proposals for new treatment facilities to serve existing residential developments at mobile home parks and condominium developments may not be approved unless:

1. The conditions of par. (a) are met; or

2. The conditions of par. (a) 1. and 2. are met and the owner submits the following:

a. Adequate proof that sufficient funds to operate, maintain and abandon the facility, if necessary, will be available for the life of the facility;

b. Documentation showing that the new treatment facilities are being proposed as a replacement of a failing septic tank/soil absorption system which has been in use for at least 10 years; and

c. Proof of the inability to form a town sanitary district or other appropriate municipal entity to oversee the facility.

(e) Conformance with areawide water quality management plans. In addition to the requirements of pars. (a) through (dg) , the new sewage treatment facilities shall also be in conformance with any approved areawide water quality management plan. These plans may be consistent with the criteria in pars. (a) through (dg) . These plans as approved by the department may also contain additional criteria necessary to address regional or local considerations.

(6)   Cost effectiveness. A cost-effectiveness analysis shall be performed as part of the evaluation of alternatives in each facilities plan. The cost-effectiveness analysis shall be prepared in accordance with s. NR 110.09 (2) . Except as provided for in s. NR 110.09 (2) (j) 4. c. , the most cost-effective alternative shall be selected for implementation.

History: Cr. Register, November, 1974, No. 227 , eff. 12-1-74; r. and recr. Register, December, 1978, No. 276 , eff. 1-1-79; cr. (5), Register, August, 1981, No. 308 , eff. 9-1-81; am. (1) and (2), cr. (6), Register, February, 1983, No. 326 . eff. 3-1-83; cr. (5) (dm), Register, November, 1990, No. 419 , eff. 12-1-90; correction in (5) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, September, 1995, No. 477 ; CR 09-123 : renum. (3) (a) to be (3) and am., r. (3) (b) Register July 2010 No. 655 , eff. 8-1-10.