Section 383.03. Application.

 

(1)   Installations.

(a) New POWTS installations. The design, installation and management of a new POWTS shall conform with this chapter.

(b) Modifications to existing POWTS. A modification to an existing POWTS, including the replacement, alteration or addition of materials, appurtenances or POWTS components, shall require that the modification conform to this chapter.

(c) Modifications to existing structures served by existing POWTS. When an addition or alteration is proposed to an existing building, structure or facility that is served by an existing POWTS and the proposed addition or alteration will result in a change that affects the wastewater flow or wastewater contaminant load beyond the minimum or maximum capabilities of the existing POWTS, the POWTS shall be modified to conform to the rules of this chapter.

(2)   Retroactivity.

(a) This chapter does not apply retroactively to an existing POWTS installed prior to July 1, 2000, or for which a sanitary permit has been issued prior to July 1, 2000, except as provided in ss. SPS 383.32 (1) (a) and (c) to (g) , 383.54 (4) and 383.55 (1) (b) .

(b)

1. Except as provided in subd. 2. and ss. SPS 383.32 (1) (a) and (c) to (g) , 383.54 (4) and 383.55 (1) (b) , an existing POWTS installed prior to July 1, 2000, shall conform to the siting, design, construction and maintenance rules in effect at the time the sanitary permit was obtained or at the time of installation, if no permit was issued.

2.

a. An existing POWTS installed prior to December 1, 1969 with an infiltrative surface of a treatment and dispersal component that is located 2 feet or more above groundwater or bedrock shall be considered to discharge final effluent that is not sewage, unless proven otherwise.

b. An existing POWTS installed prior to December 1, 1969 with an infiltrative surface of a treatment and dispersal component that is located less than 2 feet above groundwater or bedrock shall be considered to discharge final effluent that is sewage, unless proven otherwise.

(c) An existing POWTS which conforms with this chapter shall be permitted to remain as installed.

(3)   Plat restrictions. The department shall consider a restriction or a prohibition placed on a lot or an outlot prior to July 1, 2000, as a result of its plat review authority under s. 236.12 , Stats., waived, if a POWTS proposed for the lot complies with this chapter.

(4)   Groundwater standards.

(a) Pursuant to s. 160.255 , Stats., the design, installation, use or maintenance of a POWTS is not required to comply with the nitrate standard specified in ch. NR 140 Table 1, except as provided under sub. (5) .

(b) Pursuant to s. 160.19 (2) (a) , Stats., the department has determined that it is not technically or economically feasible to require that a POWTS treat wastewater to comply with the preventative action limit for chloride specified in ch. NR 140 Table 2 as existed on June 1, 1998.

(5)   Local ordinances.

(a) Pursuant to ss. 59.70 (5) (a) , 145.02 (2) and 145.13 , Stats., this chapter is uniform in application and a governmental unit may not enact an ordinance for the design, installation, inspection and management of a POWTS which is more or less stringent than this chapter, except as specifically permitted by rule.

(b) Except as provided in s. SPS 383.25 (1) (b) , a governmental unit shall submit to the department any proposed ordinance or proposed ordinance revision relating to POWTS. The proposed ordinance or revision shall be submitted for review a minimum of 30 calendar days prior to the first scheduled public hearing date regarding the ordinance.

(6)   Department authority. A department interpretation of the requirements in this chapter shall supersede any differing interpretation by a lower level jurisdiction. A department decision on the application of the requirements in this chapter shall supersede any differing decision by a lower level jurisdiction.

Cr. Register, April, 2000, No. 532 , eff. 7-1-00; CR 02-129 : am. (2) (b) 1., r. and recr. (5) Register January 2004 No. 577 , eff. 2-1-04; CR 07-100 : renum. (5) to be (5) (a), cr. (5) (b) and (6) Register September 2008 No. 633 , eff. 10-1-08; correction in (2) (a), (b), (5) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Pursuant to s. 145.19 (3m) (b) , Stats., the approval of a sanitary permit is based on the rules in effect on the date of the permit approval. Microsoft Windows NT 6.1.7601 Service Pack 1 The modification of one part of a POWTS may affect the performance or the operation of other parts of the POWTS thereby necessitating further modifications for the `other parts' to be or remain compliant with the appropriate edition of the state plumbing code; see sub. (2) (b) 1. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. SPS 383.25 (2) relating to the issuance of building permits. Microsoft Windows NT 6.1.7601 Service Pack 1 The waiving of a restriction or prohibition placed on a lot or outlot by the department is a review action. Pursuant to s. SPS 302.635 , a fee is needed to initiate the review action. Microsoft Windows NT 6.1.7601 Service Pack 1 Under the provisions of ch. 236 , Stats., the department of administration and local municipalities have review authority over lots in subdivisions not served by public sewers. A written release of a restriction or prohibition may be required by the department of administration and local municipality. A Correction Instrument may be required under the provisions of s. 236.295 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The prevention action limit for chloride as a performance standard relative to the design and management of a POWTS has been determined to be unfeasible because anion exchange is the only chemical process capable of removing chloride from water. The physical processes of removing chloride, such as through evaporation and reverse osmosis, would separate feedwater into two streams, one with a reduced chloride content and the other with an increased chloride content, and result in still having to treat and dispose of chloride contaminated wastewater. The design and management practice to address the enforcement standard for chloride as it relates to a POWTS is addressed under s. SPS 382.40 (8) (j) . Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to ss. 59.69 , 60.62 , 61.35 and 62.23 , Stats., this chapter does not affect municipal authority for zoning, including establishing nitrate standards as part of a zoning ordinance to encourage the protection of groundwater resources. Microsoft Windows NT 6.1.7601 Service Pack 1 A decision of the department may be appealed. Section 101.02 (6) (e) , Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals. Microsoft Windows NT 6.1.7601 Service Pack 1