Section 383.23. Review agent status.

 

(1)  Upon request from a governmental unit, the department may delegate to the governmental unit the responsibility to review plans for one or more of the types of POWTS delineated in Table 383.22-2 which are to be or are located within the jurisdiction of that governmental unit.

(2)  A request by a governmental unit to review plans for the types of POWTS delineated in Table 383.22-2 shall be made in writing. The request shall include all of the following:

(a) The types of POWTS for which delegation is desired.

(b) Information delineating how the plans are to be processed and reviewed.

(c) Information on how plan review decisions are to be recorded and maintained.

(3)  The delegation of plan review by the department shall be contingent upon a governmental unit's request demonstrating sufficient capabilities to complete the reviews, including all of the following:

(a) The utilization of one or more individuals who are certified by the department as a POWTS inspector to perform the plan review.

(b) The utilization of one or more individuals, who are certified soil testers, to provide assistance in the plan review process.

(4)  

(a) The department shall provide the governmental unit with a written decision of delegation or denial of delegation relative to a request under this section concerning plan review.

(b) The department may deny a request for plan review delegation, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s. SPS 383.255 .

(c) The delegation for plan review shall be contingent upon the governmental unit acknowledging that the submission and review of plans under s. SPS 383.22 (1) may, at the discretion of the submitter, be made to the department or the designated agent.

(5)  The department shall include as part of governmental unit audits conducted under s. 145.20 (3) (b) , Stats., an evaluation of the plan review functions which are delegated to a governmental unit under this section.

(6)  A governmental unit that wishes to discontinue the delegated plan review function under this section shall notify the department in writing at least 30 days prior to the discontinuance.

(7)  

(a) The recognition as a review agent may be revoked by the department in accordance with s. 145.20 (3) (a) 2. , Stats.

(b) The department may revoke the delegation as a plan review agent, if the governmental unit has not completed a POWTS inventory or is not operating a maintenance program required under s. SPS 383.255 .

Cr. Register, April, 2000, No. 532 , eff. 7-1-00; CR 02-129 : am. (3) (a) and (b) Register January 2004 No. 577 , eff. 2-1-04; CR 07-100 : renum. (4) (b) and (7) to be (4) (c) and (7) (a), cr. (4) (b) and (7) (b) Register September 2008 No. 633 , eff. 10-1-08; correction in (1), (2) (intro.), (4) (b), (c), (7) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

The requirements of this subsection do not require the utilization of 2 individuals to perform plan review. A single individual who holds a certification as a certified POWTS inspector and as a certified soil tester may fulfill the requirements under pars. (a) and (b). Microsoft Windows NT 6.1.7601 Service Pack 1