Section 387.20. Eligibility of owners.

 

(1)   General. A person who owns a principal residence served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 or a business which owns a small commercial establishment served by a category 1 or 2 failing POWTS installed prior to July 1, 1978 is eligible for financial assistance under this chapter if the person or business:

(a) Meets the eligibility requirements set forth in s. 145.245 , Stats., and this chapter.

(b) Submits an application to the participating governmental unit in which the failing POWTS is located.

(c) Has completed all rehabilitation or replacement work in accordance with the enforcement order and the state plumbing code, chs. SPS 382 to 384 . Any variances or petitions to modify specific state plumbing code requirements shall be approved in writing by the department prior to the installation of the system.

(d) Owned the principal residence or small commercial establishment which is served by the category 1 or 2 failing POWTS. A person does not meet this condition if he or she did not own the property at the time the POWTS was failing and subject to a determination of failure. The buyer of the property is not eligible if the failing POWTS was replaced prior to the date of sale. The seller of the property is not eligible if the determination of failure was made after the date of sale.

(2)   Private nonprofit entities. For the purposes of this chapter a small commercial establishment may be owned by a private nonprofit corporation as defined in s. 181.0103 (17) , Stats.

(3)   Ineligible entities. Structures owned by any of the following entities are not eligible for financial assistance awards:

(a) The state.

(b) An office, department, independent agency, institution of higher education, association, society or other body in state government.

(c) An authority created under ch. 231 or 234 , Stats.

(d) A city, village, town or county.

(e) A federal agency, department or instrumentality.

(f) An interstate agency.

(4)   Replacement and existing structures.

(a) For a principal residence or small commercial establishment that meets all of the requirements of s. 145.245 , Stats., the maximum allowable financial assistance amount shall be limited to the minimum POWTS capacity that would have been necessary to serve the original structure. Any increase in capacity required to serve a larger replacement structure shall not be eligible.

(b) For a principal residence or small commercial establishment that meets all of the requirements of s. 145.245 , Stats., the maximum allowable financial assistance amount shall be limited to the minimum POWTS capacity that would have been necessary to serve the existing structure. Any increase in capacity required to serve the existing structure may be eligible.

Cr. Register, December, 1998, No. 516 , eff. 2-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Register, April, 2000, No. 532 ; CR 04-068 : am. (1) (intro.), (1) (b), (d) and (3) (intro.), r. and recr. (4) Register January 2005 No. 589 , eff. 2-1-05; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 .

Note

Section 145.245 (5) (c) 1. , Stats., specifies that to be eligible for grant awards under this section, the annual family income of the person who owns the principal residence may not exceed $45,000. Section 145.245 (5) (d) 1. , Stats., specifies that to be eligible for grant awards under this section, the annual gross revenue of the business that owns the small commercial establishment may not exceed $362,500. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 181.0103 (17) , Stats., means a nonstock nonprofit corporation subject to the provisions of this chapter, except a foreign corporation. Microsoft Windows NT 6.1.7601 Service Pack 1 An example where par. (a) applies would be a POWTS that once served a 3-bedroom structure and the replacement structure is 4 or more bedrooms; the financial assistance would be based on the maximum allowable amount for a POWTS sized for 3-bedrooms. Microsoft Windows NT 6.1.7601 Service Pack 1 An example where par. (b) applies would be a POWTS that once served a 2-bedroom structure and such POWTS was later determined to be acceptable for a 3-bedroom structure. The existing structure served by such POWTS contains 3 bedrooms; the financial assistance would be based on the maximum allowable amount for a POWTS sized for 3-bedrooms. Microsoft Windows NT 6.1.7601 Service Pack 1