Section 383.25. Governmental programs.

 

(1)   Delegation of responsibilities.

(a) Pursuant to s. 145.20 (1) (am) , Stats., the delegation by a governmental unit of the administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be by ordinance.

(b) A copy of an ordinance delegating administration and enforcement of this chapter to a town sanitary district or public inland lake protection and rehabilitation district shall be forwarded to the department at least 30 days prior to the effective date of the ordinance.

(2)   Issuance of building permits.

(a) General. Pursuant to s. 145.195 , Stats., the issuance of building permits by a municipality for unsewered properties shall be in accordance with this subsection.

(b) New construction. A municipality may not issue a building permit to commence construction or installation of a structure that necessitates the use of a POWTS to serve the structure, unless:

1. The owner of the property possesses a sanitary permit for the installation of a POWTS in accordance with s. SPS 383.21 ; or

2. A POWTS of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure.

(c) Construction affecting wastewater flow or contaminant load.

1. A municipality may not issue a building permit to commence construction of any addition or alteration to an existing structure when the proposed construction will modify the design wastewater flow or contaminant load, or both, to an existing POWTS, unless the owner of the property:

a. Possesses a sanitary permit to either modify the existing POWTS or construct a POWTS to accommodate the modification in wastewater flow or contaminant load, or both; or

b. Provides documentation to verify that the existing POWTS is sufficient to accommodate the modification in wastewater flow or contaminant load, or both.

2. For the purpose of this paragraph, a modification in wastewater flow or contaminant load shall be considered to occur:

a. For commercial facilities, public buildings, and places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system; and

b. For dwellings, when there is an increase or decrease in the number of bedrooms.

(d) Documentation of existing capabilities. Documentation to verify whether an existing POWTS can accommodate a modification in wastewater flow or contaminant load, or both, shall include at least one of the following:

1. A copy of the plan for the existing POWTS that delineates minimum and maximum performance capabilities and which has been previously approved by the department or the governmental unit.

2. Information on the performance capabilities for the existing POWTS that has been recognized through a product approval under ch. SPS 384 .

3. A written investigative report prepared by an architect, engineer, designer of plumbing systems, designer of private sewage systems, master plumber, master plumber-restricted service or certified POWTS inspector analyzing the proposed modification and the performance capabilities of the existing POWTS.

(e) Where the performance capability of the existing POWTS serving a dwelling is not based on the number of bedrooms within the dwelling, information documenting that design condition shall be recorded as a covenant running with the deed for the property.

(f) Setbacks.

1. A municipality may not issue a building permit for construction of any structure or addition to a structure on a site where there exists a POWTS, unless the proposed construction conforms to the applicable setback limitations under s. SPS 383.43 (8) (i) .

2. The applicant for a building permit shall provide documentation to the municipality issuing the building permit showing the location and setback distances for the proposed construction relative to all of the following:

a. Existing POWTS treatment components.

b. Existing POWTS holding components.

c. Existing POWTS dispersal components.

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

Note

See ch. SPS 383 Appendix for a reprint of s. 145.195 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section SPS 383.21 outlines the procedures for the issuance of sanitary permits. Section 145.19 , Stats., mandates that no private sewage system may be installed unless the owner of the property holds a valid sanitary permit. Microsoft Windows NT 6.1.7601 Service Pack 1 See ss. SPS 383.02 and 383.03 concerning the application of current code requirements to existing POWTS. Microsoft Windows NT 6.1.7601 Service Pack 1 A municipality that issues building permits may delegate to the governmental unit responsible for issuing sanitary permits the determination of whether the proposed construction will affect or interfere with an existing POWTS relating to capability or location of the existing POWTS. Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 383 Appendix for further information regarding setbacks. Microsoft Windows NT 6.1.7601 Service Pack 1