Section 113.10. County regulation.

 

(1)  A county may request the authority from the department to regulate land disposal of septage under this chapter.

(2)  A county request shall include:

(a) A complete description of the proposed county-wide program;

(b) The proposed county-wide septage ordinance and regulations, which shall be consistent with this chapter and s. 281.48 , Stats., and shall be applied uniformly to the entire county.

(c) Plans for personnel, budget, equipment, records system and forms;

(d) Authority and capability to regulate and enforce the proposed regulatory program;

(e) A description of the mechanism for generating money to finance the regulatory program;

(f) A description of the records system, which shall include field locations, field tests, field owners, field users, loading rates, county inspection, annual field licenses and enforcement actions; and

(g) Enforcement mechanisms with penalties identical to those in s. 281.98 , Stats.

(3)  The department shall:

(a) Investigate the capability of the county to successfully implement the proposed regulatory program;

(b) Approve, conditionally approve or deny the proposed county regulatory program. Department action shall be based on the county's capability to successfully implement the proposed regulatory program;

(c) In no case delegate authority for the issuance of WPDES permits for the management of septage storage facilities, under s. NR 113.12 or centralized septage treatment facilities under ch. NR 204 ; and

(d) Monitor and evaluate the performance of any county that implements an approved county-wide land disposal regulation program. Evaluation of county efforts shall be conducted after the first 12 months but before 18 months of approval of the county program. If the county is found to be performing satisfactorily, then future evaluations shall be once every 2 years. If a county fails to adequately enforce the septage disposal ordinance, the department shall conduct a public hearing in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance. If the department determines that the county has failed to adequately enforce the septage disposal ordinance, the department shall by order require modifications of the county program administration or revoke the authority of the county to adopt and enforce a septage disposal ordinance. At any time after the department issues an order under this paragraph, a county may submit a new application under sub. (1) . The department may enforce this section and rules adopted under this section in any county which has adopted a septage disposal ordinance.

(4)  No county septage ordinance may void existing contracts between a holding tank system owner and a POTW.

(5)  No county may direct the disposal of wastewater from large holding tank systems from a POTW that is presently accepting the wastewater for treatment to another POTW without the consent of both POTW's and the owner of the holding tank system.

History: Cr. Register, September, 1996, No. 489 , eff. 1-1-97 ; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549 .