Section 383.21. Sanitary permits.

 

(1)   General.

(a) Pursuant to s. 145.19 , Stats., the installation or construction of a POWTS may not commence or continue unless all of the following have been fulfilled:

1. The owner of the property on which the POWTS is to be installed possesses a valid sanitary permit.

2. Plan approval for the POWTS has been obtained in accordance with s. SPS 383.22 .

(b) The modification of an existing POWTS may not commence or continue unless the owner of the property on which the POWTS is located possesses a valid sanitary permit and has obtained plan approval for the modification under s. SPS 383.22 , if the modification involves the addition or replacement of any of the following:

1. A POWTS holding component.

2. A POWTS treatment component.

3. A POWTS dispersal component.

(2)   Application.

(a) The application for a sanitary permit shall be made in a format prescribed by the department.

(b)

1. Except as provided in subd. 2. , the application for a sanitary permit shall be submitted to the appropriate governmental unit where the POWTS is located or will be located.

2. The application for a sanitary permit shall be submitted to the department for a POWTS that is located or will be located on property owned by the state.

(c) The application for a sanitary permit to the governmental unit shall be accompanied by all of the following:

1. At least one set of clear and legible plans and specifications delineating the information under s. SPS 383.22 (2) (a) 3. and (c) .

2. A set of plans bearing the department's conditional approval and the approval letter issued by the department, if required to be reviewed by the department under s. SPS 383.22 (1) .

3. Sufficient supporting information to determine whether the proposed design, installation and management of the POWTS or the proposed modification to an existing POWTS conforms with this chapter.

4. Documentation that the master plumber or the master plumber-restricted service who is to be responsible for the installation or modification of the POWTS has completed approved training or has documentation that approved training will be provided during the installation of the POWTS, if the application for the sanitary permit involves one or more of the technologies or methods specified in s. SPS 383.04 (1) .

5. Documentation that maintenance requirements for the proposed POWTS technology or method have been recorded with the deed for the property, if the management plan for the installation or modification under s. SPS 383.54 (1) involves one or more of the following:

a. Evaluating or monitoring any part of the system at an interval of 12 months or less.

b. Servicing or maintaining any part of the system at an interval of 12 months or less.

6. Any other information as specified by local ordinance relating to POWTS installations.

7. A fee as specified by the governmental unit.

(3)   Processing.

(a) A sanitary permit may not be issued until the plans and specifications have been approved by the department or governmental unit having jurisdiction.

(b) A governmental unit may not issue a sanitary permit for the installation or modification of the POWTS that involves one or more of the technologies or methods specified in s. SPS 383.04 (1) unless the master plumber or the master plumber-restricted who is to be responsible for the installation or modification has completed approved training or has documentation that approved training will be provided during the installation of the POWTS.

(c) A governmental unit shall review and make a determination on the submission of an application for a sanitary permit within 30 days after receiving all the required information and fees under sub. (2) (c) .

(d)

1. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS conforms with this chapter, a sanitary permit shall be issued.

2.

a. If upon review of the application and the supporting information, the governmental unit or the department determines that the proposed design, installation and management of the POWTS or the proposed modification of an existing POWTS does not conform with this chapter, a sanitary permit may not be issued.

b. When the issuance of a sanitary permit is denied, the governmental unit or department reviewing the application shall provide in writing to the applicant the reasons for denial, a notice for the right to appeal and the procedures for appeal.

c. An applicant denied a sanitary permit by a governmental unit may appeal the decision in accordance with ch. 68 , Stats.

d. The appeal of the denial by the department for a sanitary permit shall be made in writing within 30 days from the date of the decision.

(e) A sanitary permit shall be issued by the appropriate governmental unit or the department in a format prescribed by the department.

(f) A governmental unit may deny the issuance of a sanitary permit only if the application does not comply with the requirements of chs. SPS 383 , 384 or 385 .

(4)   Transfers. A sanitary permit may be transferred from an owner to a subsequent owner, pursuant to s. 145.19 (8) , Stats.

(5)   Expiration. Pursuant to s. 145.19 (1b) , Stats., a sanitary permit shall expire 2 years from the date of issuance unless renewed in accordance with sub. (6) .

(6)   Renewals.

(a)

1. The application for renewal of a sanitary permit shall be made in a format prescribed by the department.

2. The application for renewal of a sanitary permit shall be submitted to the department or the appropriate governmental unit in accordance with sub. (2) (b) .

(b) The renewal of a sanitary permit shall be contingent upon the proposed POWTS or the proposed modification of an existing POWTS conforming with the rules of this chapter in effect at the time the sanitary permit is renewed.

(6m)   Suspension.

(a) A governmental unit may temporarily suspend a sanitary permit issued under this section if it is determined prior to construction that a POWTS cannot be installed based on the information that was available when the permit was issued.

(b) The suspension of the sanitary permit shall terminate no later than the date the sanitary permit expires.

(7)   Revocation.

(a) The department may revoke a sanitary permit issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.

(b) A governmental unit may revoke a sanitary permit that the governmental unit has issued under this section for any false statements or misrepresentation of facts on which the sanitary permit was issued.

(c) The revocation of a sanitary permit and the reasons for revocation shall be conveyed in writing to the individual to whom the sanitary permit was issued or transferred.

(d) If a sanitary permit is revoked, the installation or modification of a POWTS may not commence or continue until another sanitary permit is obtained.

(8)   Posting. When a sanitary permit is obtained under sub. (2) , the sanitary permit shall:

(a) Be posted in such a location and manner on the proposed site where the POWTS is to be installed or modified so that the information on the permit is visible for inspection; and

(b) Remain posted until:

1. The POWTS installation or modification is completed; and

2. An opportunity for a final inspection occurs in accordance with s. SPS 383.26 .

(9)   Permit storage. A governmental unit shall maintain a permanent record of each sanitary permit and permit application supporting information listed in s. SPS 383.21 (2) (c) until the property is no longer served by a POWTS.

(10)   Permit summary reporting.

(a) A governmental unit shall submit a periodic summary of the permits it has issued to the department in a format acceptable to the department.

(b) At a minimum the summary shall contain the following information:

1. Identification number for each permit issued.

2. Fee associated with each permit issued.

3. Identification showing each permit as issued for a new or replacement POWTS.

(c) At a minimum the permit summary information shall be submitted to the department on a quarterly calendar schedule.

Cr. Register, April, 2000, No. 532 , eff. 7-1-00; CR 02-129 : am. (2) (c) 4., (3) (b) and (c) Register January 2004 No. 577 , eff. 2-1-04; CR 07-100 : am. (2) (c) 4., cr. (3) (f), (6m) and (9) Register September 2008 No. 633 , eff. 10-1-08; correction in (1) (a) 2., (b) (intro.), (2) (c) 1., 2., 4., 5., (3) (b), (f), (8) (b) 2., (9) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; CR 11-031 : cr. (10) Register June 2013 No. 690 , eff. 7-1-13; corrections in (1) (a), (4), (5) made under s. 13.92 (4) (b) 7. , Stats., correction in (10) (title) made under s. 13.92 (4) (b) 2. , Stats., Register June 2013 No. 690 .

Note

The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at [e-mail] , or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.20 (2) (b) , Stats., states that the governmental unit responsible for regulation of private sewage systems shall approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.19 (2) to (6) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "(2) Fee. No fee for a sanitary permit may be less than the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than the amount determined under department rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period. Microsoft Windows NT 6.1.7601 Service Pack 1 (3) Fees and records of permits forwarded to the department. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department within 90 days after each valid permit is issued a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule. Microsoft Windows NT 6.1.7601 Service Pack 1 (3m) Notice in permit. A sanitary permit shall include a notice displayed conspicuously and separately on the permit form, to inform the permit holder that: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) The purpose of the sanitary permit is to allow installation of the private on-site wastewater treatment system described in the permit. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) The approval of the sanitary permit is based on regulations in force on the date of approval. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) The sanitary permit is valid and may be renewed for a specified period. Microsoft Windows NT 6.1.7601 Service Pack 1 (d) Changed regulations will not impair the validity of a sanitary permit. Microsoft Windows NT 6.1.7601 Service Pack 1 (e) Renewal of the sanitary permit will be based on regulations in force at the time renewal is sought, and that changed regulations may impede renewal. Microsoft Windows NT 6.1.7601 Service Pack 1 (f) The sanitary permit is transferable. Microsoft Windows NT 6.1.7601 Service Pack 1 (4) Use of fee. The portion of this fee retained by the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall be used for the administration of private on-site wastewater treatment system programs. Microsoft Windows NT 6.1.7601 Service Pack 1 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management." Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 383 Appendix for further information relative to the permit format. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.19 (8) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent." Microsoft Windows NT 6.1.7601 Service Pack 1