Section 387.03. Definitions.

  The following definitions apply to this chapter.

(1)  "Department" means the department of safety and professional services.

(2)  "Determination of failure" has the meaning given in s. 145.245 (1) (a) , Stats.

(3)  "Failing private sewage system" has the meaning given in s. 145.245 (4) , Stats.

(4)  "Governmental unit" has the meaning as given in s. 145.01 (5) , Stats.

(5)  "Owner", for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS.

(6)  "Participating governmental unit" means a governmental unit which applies to the department for financial assistance under this chapter, and which meets the conditions as specified in s. 145.245 (9) , Stats.

(7)  "Person" means any one of the following:

(a) Any individual including the estate of an individual.

(b) Two or more individuals having a joint or common interest in a principal residence, as defined in s. 145.245 (1) (c) , Stats., which uses a POWTS.

(c) A nonprofit corporation as defined in s. 181.0103 (17) , Stats.

(7m)  "POWTS" has the same meaning as s. SPS 381.01 (182) and (194) .

(8)  "Principal residence" means a residence which is occupied at least 51% of the year by the owner. Principal residence includes a residence owned by a trust or an estate of an individual, if the residence is occupied at least 51% of the year by a person who has an ownership interest as a beneficiary of the trust or estate.

(9)  "Project period" means any of the following:

(a) For applications submitted to the department for installations of replacement of private sewage systems, project period means the period of time beginning on February 1 and ending on December 31 of the following year.

(b) For applications submitted to the department for annual costs of monitoring replacement experimental sewage systems, project period means the period beginning on February 1 and ending on December 31 of the 5th year after the date of installation.

(c) For applications for loans as provided in s. 145.245 (12m) , Stats., the project period means the period beginning on February 1 and ending on December 31 of the following year after the date of installation.

(10)  "Small commercial establishment" has the meaning given in s. 145.245 (1) (e) , Stats. Small commercial establishment includes a farm, including a residence on a farm, if the residence is occupied by a person who is an operator of the farm and if the maximum daily wastewater flow rate of the farm and residence is less than 5,000 gallons per day as determined by the design criteria of the state plumbing code.

Cr. Register, December, 1998, No. 516 , eff. 2-1-99; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532 ; CR 04-068 : am. (5), (7) (b) and (9) (intro.), cr. (7m) and (9)(c) Register January 2005 No. 589 , eff. 2-1-05; correction in (7m) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633 ; correction in (1), (7m) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672 .

Note

Section 145.245 (1) (a) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "Determination of failure" means any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 1. A determination that a private sewage system is failing, according to the criteria under s. 145.245 (4) , Stats., based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department. Microsoft Windows NT 6.1.7601 Service Pack 12. A written enforcement order issued under s. 145.02 (3) (f) , 145.20 (2) (f) or 281.19 (2) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 13. A written enforcement order issued under s. 254.59 (1) , Stats., by a governmental unit. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.245 (4) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 The department shall establish criteria for determining if a private sewage system is a failing private sewage system. A failing private sewage system is one which causes or results in any of the following conditions: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) The discharge of sewage into surface water or groundwater. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) The discharge of sewage to a drain tile or into zones of bedrock. Microsoft Windows NT 6.1.7601 Service Pack 1 (d) The discharge of sewage to the surface of the ground. Microsoft Windows NT 6.1.7601 Service Pack 1 (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.01 (5) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "Governmental unit responsible for regulation of private sewage systems" or "governmental unit", unless otherwise qualified, means the county, except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage system is located. "Governmental unit" also includes a federally recognized American Indian tribe or band. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.245 (1) (c) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "Principal residence" means a residence which is occupied at least 51% of the year by the owner. Microsoft Windows NT 6.1.7601 Service Pack 1 Sections SPS 381.01 (182) and (194) read: Microsoft Windows NT 6.1.7601 Service Pack 1 (182) "POWTS" means a private onsite wastewater treatment system. Microsoft Windows NT 6.1.7601 Service Pack 1 (194) "Private onsite wastewater treatment system" has the meaning given for `private sewage system' under s. 145.01 (12) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.01 (12) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 "Private sewage system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district. Microsoft Windows NT 6.1.7601 Service Pack 1 Records of applications are retained for the current project period only. Any loan applications, therefore, should be made in the current project period. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.245 (1) (e) , Stats., defines small commercial establishment as a commercial establishment or a business place with a maximum daily wastewater flow rate of less than 5,000 gallons per day. Microsoft Windows NT 6.1.7601 Service Pack 1