Section 383.52. Responsibilities.

 

(1)  

(a)

1. The owner of a POWTS shall be responsible for ensuring that the operation and maintenance of the POWTS occurs in accordance with this chapter and the approved management plan under s. SPS 383.54 (1) .

2. The owner of a POWTS shall be responsible for ensuring that access opening covers remain locked or secured except for inspection, evaluation, maintenance or servicing purposes.

(b) The owner of a POWTS existing prior to July 1, 2000, shall be responsible for ensuring that the maintenance of the POWTS occurs in accordance with s. SPS 383.54 (4) .

(c)

1. The owner of a POWTS, including a POWTS existing prior to July 1, 2000, shall maintain a maintenance contract with a POWTS maintainer or a business utilizing a POWTS maintainer for the POWTS as long as the POWTS is utilized and, if the management plan for the POWTS 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. Maintaining any part of the system at an interval of 12 months or less.

2. The owner of a POWTS, including a POWTS existing prior to July 1, 2000, shall maintain a maintenance or service contract with a certified septage servicing operator under ch. NR 114 for the POWTS as long as the POWTS is utilized and, if the management plan for the POWTS under s. SPS 383.54 (1) involves the servicing of any holding, treatment or dispersal component at an interval of 12 months or less.

(2)  A POWTS, including a POWTS existing prior to July 1, 2000, that is not maintained in accordance with the approved management plan or as required under s. SPS 383.54 (4) shall be considered a human health hazard.

(3)  The activities relating to evaluating, monitoring and maintaining POWTS components after the initial installation of the POWTS in accordance with an approved management plan or as required by s. SPS 383.54 (4) (c) shall be conducted by a person who holds registration issued by the department as a registered POWTS maintainer.

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

Note

See s. SPS 305.36 concerning the application and qualification requirements to become a registered POWTS maintainer. Microsoft Windows NT 6.1.7601 Service Pack 1