reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 385 - Soil And Site Evaluations › Section SPS 385.40 - Evaluation reports

Current through June 24, 2024
(1) GENERAL. A soil evaluation report shall
				  be prepared and submitted to the governmental unit having jurisdiction upon the
				  completion of the evaluation and associated report form.
(2) SOIL REPORT CERTIFICATION AND FORMAT.
(a)
Soil evaluation reports.
Soil evaluation reports shall be prepared in a format specified by the
				  department and this chapter.
Note:
The Department forms required in this
					 chapter are available for a nominal fee at telephone 800-DOC-SALE or 411
					 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at
					 the Department's Web site at
http://dsps.wi.gov
through links to Division
					 of Industry Services forms.
(b)
Certification.
1. Except as provided in subd. 2., each page
				  of a soil evaluation report shall bear:
a.
				  The signature of the certified soil tester who collected the data;
b. The certified soil tester's identification
				  number; and
c. The date the report
				  is signed.
2. When more
				  than one sheet of a soil evaluation report is bound together into one volume,
				  only the title sheet shall:
a. Be required to
				  be signed, dated and bear the identification number of the certified soil
				  tester who collected the data; and
b. Clearly identify all other sheets
				  comprising the bound volume.
Note:
Nothing in this chapter is intended to
					 prohibit the submission and acceptance of planning documents in an electronic
					 or digital media.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 385 - Soil And Site Evaluations › Section SPS 385.50 - Governmental unit review

Current through June 24, 2024
(1) GENERAL.
(a) A governmental unit shall review all soil
				  evaluation reports and site evaluation reports within 6 months of
				  receipt.
(b) Upon completing the
				  review of a soil evaluation report a governmental unit shall accept the report,
				  reject the report, request additional information or clarification, or require
				  verification under sub. (2).
(c)
				  When a report is deemed acceptable, a governmental unit shall so indicate on
				  the report and file the report for future reference.
(d) If the report is not acceptable, a
				  governmental unit shall notify the submitter in writing and shall state the
				  deficiencies or actions, or both, necessary to bring the report into compliance
				  with this chapter or ch. SPS 383.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 385 - Soil And Site Evaluations › Section SPS 385.60 - Soil saturation determinations

Current through June 24, 2024
(1) GENERAL.
(a) A property owner, or the owner's agent,
				  may submit documentation to prove that redoximorphic features, or other soil
				  color patterns, at a particular site are not indicative of periodically
				  saturated soil conditions or high groundwater elevation.
(b) Documentation shall be in the form of an
				  interpretive determination, soil saturation determination, hydrograph procedure
				  or artificially controlled navigable water determination pursuant to this
				  section.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.01 - Applicability

Current through June 24, 2024
This chapter as authorized by s.
					 30.71,
					 Stats., for the abatement of water pollution through control of the discharge
					 of sewage from boats maintained or operated at any time upon the inland or
					 outlying waters of the state, defined in s.
					 29.001(45) and
					 (63), Stats., shall be applicable to any boat
					 which is equipped with a toilet.
Section
						29.001(45) and
						(63), Stats., provides: All waters within the
						jurisdiction of the state are classified as follows: Lakes Superior and
						Michigan, Green Bay, Sturgeon Bay, Sawyer's harbor and the Fox river from its
						mouth up to the dam at De Pere are outlying waters. All other waters, including
						the bays, bayous, and sloughs of the Mississippi river bottoms, are inland
						waters.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.02 - Definitions

Current through June 24, 2024
The following definitions shall apply in the interpretation
					 and enforcement of this chapter.
(1)"Department" means the department of
				  safety and professional services.
(2) "Approved" means written approval from
				  the department.
(3) "Boat" means
				  every description of watercraft, other than a seaplane, on the water, used or
				  capable of being used as a means of transportation on water, s.
				  30.50(2),
				  Stats.
(4) "Deodorant" means a
				  substance or process which masks or destroys offensive odor.
(5) "Holding tank" means a permanently
				  installed container which receives the discharge from one toilet or more and
				  retains the sewage for shore disposal.
(6) "Maintain and operate" means to moor and
				  occupy or to navigate, steer, sail, row or otherwise to exercise physical
				  control over the use or movement of a boat.
(7) "Owner" means the person who has lawful
				  possession of a boat by virtue of legal title or equitable interest therein
				  which entitles that person to such possession.
(8) "Portable toilet" means a self-contained
				  unit with a flushing device which retains sewage in a holding tank for disposal
				  to a sewage system acceptable to the department.
(9) "Recirculating system" means a holding
				  tank with all necessary appurtenances to provide for the recirculation of
				  flushing liquid and for the receiving, venting and shore removal of
				  sewage.
(10) "Sealed" means making
				  a toilet incapable of discharging sewage into the waters upon which a boat is
				  operated or moored.
(11) "Sewage"
				  means human body wastes.
(12)
				  "Toilet" means any device, facility or installation designed or constructed for
				  use as a place for receiving sewage directly from the human body.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.03 - Petition for variance

Current through June 24, 2024
(1) PROCEDURE. The department shall consider
				  and may grant a variance to an administrative rule upon receipt of a fee and a
				  completed petition for variance form from the owner, provided an equivalent
				  degree of safety is established in the petition for variance which meets the
				  intent of the rule being petitioned. The department may impose specific
				  conditions in a petition for variance to promote the protection of the health,
				  safety and welfare of the employees or the public. Violation of those
				  conditions under which the petition is granted constitutes a violation of these
				  rules.
(2) PETITION PROCESSING
				  TIME. Except for priority petitions, the department shall review and make a
				  determination on a petition for variance within 30 business days of receipt of
				  all calculations, documents and fees required to complete the review. The
				  department shall process priority petitions within 10 business days.
Copies of the petition for variance form (SBD-9890) may
						be downloaded at the Department's Web site at
http://dsps.wi.gov
through links to Division
						of Industry Services forms.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.04 - Contract applicability

Current through June 24, 2024
Applicable provisions of this regulation shall be construed
					 to be a part of any order or agreement, written or verbal, for the installation
					 of a holding tank, recirculating system, provisions of a portable toilet or
					 shore disposal facility or appurtenances thereto.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.05 - Approval required

Current through June 24, 2024
(1) GENERAL. Any prefabricated tank, portable
				  toilet or toilet proposed for installation in boats used upon the inland or
				  outlying waters of the state shall receive the approval of the department. The
				  manufacturer of any prefabricated tank, portable toilet or toilet shall submit,
				  in duplicate, plans and specifications showing construction details for such
				  facility. The owner of a custom built tank or toilet shall similarly submit
				  such details in duplicate for approval prior to installation. The department
				  may require the submission of other information or the unit itself, in the case
				  of a portable toilet, to complete its review.
(2) APPROVED UNIT LISTING. The department
				  shall keep a current list of approved prefabricated tanks, portable toilets and
				  toilets for installation on boats and shall provide a copy of such current list
				  to the bureau of law enforcement, department of natural resources.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.06 - Holding tank, toilet and appurtenances

Current through June 24, 2024
(1) MATERIAL. Each
				  holding tank and toilet shall be constructed of a plastic which is resistant to
				  acid, alkali and water; stainless steel with comparable resistance or other
				  approved material. Metal combinations shall be galvanically
				  compatible.
(2) HOLDING TANK
				  STRENGTH. A holding tank, with all openings sealed, shall show no signs of
				  deformation, cracking or leakage when subjected to a combined suction and
				  external pressure head of 5 pounds per square inch. It shall be designed and
				  installed so as not to become permanently distorted with a static top load of
				  200 pounds.
(3) TEMPERATURE
				  RESISTANCE. All materials used shall be capable of withstanding a temperature
				  range of from -22º F. (winter storage) to the maximum operating
				  temperature obtainable when operating in an ambient temperature of 140º
				  F.
(4) MOUNTING. The tank and
				  toilet shall be rigidly and permanently secured in place in such manner that
				  the tank, toilet and piping will not fall.
(5) CAPACITY. The capacity shall be
				  sufficient to receive the waste from the maximum number of persons that may be
				  on board during an 8-hour period. The passenger rating shall be that indicated
				  on the boat's capacity plate or that of a boat of similar size should the plate
				  be illegible or missing.
(a)
Holding
				  tank.
The capacity shall be determined on the basis of contribution of
				  41½ gallons per person per 8-hour day for a toilet of the hand pump
				  type. If standard waterflush toilets are installed, the minimum capacity shall
				  be at 13½ gallons per person per 8-hour day.
(b)
Recirculating toilet.
The capacity of the tank of a recirculating type unit shall be determined on
				  the basis of a contribution of one-quarter gallon per person per 8-hour
				  day.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.07 - Overboard discharge inactivation

Current through June 24, 2024
No boat equipped with a means of discharging sewage
					 directly from a toilet or holding tank into the water upon which the boat is
					 moored or is moved shall enter inland or outlying waters of the state until
					 such means of discharge is inactivated. An owner or operator of a boat equipped
					 with such means of discharge shall contact a representative of the department
					 of natural resources or a local law enforcement official with respect to
					 inactivation before entering state waters. Overboard discharge inactivation
					 shall include as a minimum either disconnection of the toilet piping, removal
					 of the pumping device, securely plugging the discharge outlet, sealing of the
					 toilet bowl with wax or other method approved by the official contacted. The
					 inspecting official shall provide the boat owner or operator with a signed
					 written statement as to the method of inactivation accepted. The owner or
					 operator shall give information as to the inland or outlying waters he or she
					 plans to navigate and as to the time of stay on such waters.
Discharge of wastes from boats in any form would be
						contrary to s.
						29.601(3),
						Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.08 - On-shore disposal facilities

Current through June 24, 2024
(1) PUMP. A
				  self-priming pump, suitable for pumping sewage, shall be provided for the
				  on-shore removal of sewage from boat holding tanks and toilets; the
				  installation of which shall be in accord with the appropriate state and local
				  regulations. Head characteristics and capacity shall be based on installation
				  needs for the site. The pump may be either fixed in position or portably
				  mounted.
(2) SUCTION HOSE. The
				  suction hose shall be of non-collapsible quality, preferably made with
				  reinforcement. A quick-connect dripproof connector shall be fitted to the end
				  of the hose that is attached to the boat piping outlet.
(3) DISCHARGE HOSE. Quality flexible hose,
				  compatible with the pump characteristics, may be used. All permanent piping
				  shall conform to the state plumbing regulations. [chs.
				  SPS 382 and
				  384 ]
(4) SEWAGE DISPOSAL REQUIREMENTS.
(a)
Public facilities.
When
				  connection to a public sanitary sewer is economically feasible, the disposal
				  piping shall be designed to discharge thereto. [ch. SPS 384]
(b)
Private facilities.
When
				  a public sewer is not available, a private sewage disposal system installed in
				  compliance with applicable state plumbing regulations shall be provided unless
				  adequate private treatment and disposal facilities are already available. [
				  chs.
				  SPS 382 and
				  383 ]
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.09 - Alternate facilities

Current through June 24, 2024
(1) CHEMICAL TYPE TOILETS. Nonrecirculating
				  chemical toilets may be used in lieu of a toilet flushed by water provided the
				  container is not portable and the use of on-shore pumping facilities is
				  provided for in the design of the unit. The design of the toilet and on-shore
				  disposal adaptation shall be approved.
(2) INCINERATOR TYPE TOILETS. An approved
				  incinerator type toilet may be used in lieu of a toilet flushed by water
				  provided it is of adequate capacity to handle the passenger load. Equipment for
				  on-shore removal and disposal of resulting ash shall be kept on
				  board.
(3) PORTABLE TOILETS. An
				  approved portable toilet may be used in lieu of a permanently installed toilet
				  provided it is of adequate capacity to handle the passenger load. Sewage in the
				  holding tank shall be properly disposed of on shore. Units shall be temporarily
				  secured on board, if necessary, to prevent spillage of contents.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.10 - Operation and maintenance

Current through June 24, 2024
All facilities controlled by this chapter shall be
					 maintained in good operating condition at all times. All necessary tools for
					 repair and maintenance shall be kept on board or on dock, as the case may be,
					 and shall be properly stored when not in use. Extra fuses for electrical
					 equipment and extra indicator lights shall be on hand. Pump-out suction hoses
					 should be adequately drained through the pump before disconnection and then
					 properly stored or capped. Pumping equipment shall be shut off before the hose
					 is disengaged from the boat outlet pipe. Any equipment on board shall not be
					 used or operated to allow discharge of sewage to surface
					 waters.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 386 - Boat and on-shore sewage facilities › Section SPS 386.11 - Prohibited facilities

Current through June 24, 2024
No person shall use or permit to be used as a holding
					 facility for sewage a pail, plastic bag or any other type of portable,
					 semiportable or disposal receptacle aboard boats not specifically permitted by
					 the provisions of this chapter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish rules under s.
					 145.245,
					 Stats., for the implementation and administration of a financial assistance
					 program to reimburse eligible property owners a portion of the cost of
					 replacing or rehabilitating failing private onsite wastewater treatment systems
					 (POWTS).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.02 - Applicability

Current through June 24, 2024
For applications received under the provisions of this
					 chapter, subs. (1) and (2) shall apply. For date of installation of existing
					 systems, sub. (3) shall apply.
(1)This
				  chapter applies to applications received by the department on or after February
				  1, 2005.
(2) Applications received
				  by the department prior to February 1, 2005 are governed by the rules as they
				  existed on or before January 31, 2005.
(3) This chapter applies to existing failing
				  POWTS installed prior to July 1, 1978.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.03 - Definitions

Current through June 24, 2024
The following definitions apply to this chapter.
(5) "Owner", for the purposes of this
				  chapter, means the person that owns the structure that is served by a failing
				  POWTS.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.04 - Application by governmental units to participate

Current through June 24, 2024
An application by a governmental unit to participate in
					 this program shall include at least all of the following:
(1)Certified copies of the following approved
				  resolutions of the governing body of the governmental unit as follows:
(a) A resolution designating an authorized
				  representative and authorizing such representative to apply for a grant under
				  s.
				  145.245,
				  Stats., and this chapter on behalf of the governmental unit. The authorized
				  representative shall be an official or employee of the governmental
				  unit.
(b) A resolution certifying
				  that grants will be used for rehabilitation or replacement of a POWTS for a
				  principal residence or small commercial establishment owned by a person who
				  meets the eligibility requirements of s.
				  145.245(5),
				  Stats., that the funds will be used as provided under s.
				  145.245(6),
				  Stats., and that the maximum allowable amount of financial assistance will not
				  exceed the amount permitted under s.
				  145.245(7),
				  Stats., and Tables 387.30 -1 to 387.30-6.
(c) A resolution certifying that grants will
				  be used for replacement or rehabilitation of POWTS which will be properly
				  installed and maintained.
(d) A
				  resolution certifying that financial assistance provided to the governmental
				  unit will be disbursed to eligible owners, as specified in s.
				  SPS
				  387.30 and s.
				  145.245,
				  Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.05 - Grant application by participating governmental units

Current through June 24, 2024
(1)
(a) The participating governmental unit shall
				  review information received from owners and determine eligibility under s.
				  145.245,
				  Stats., and this chapter, except for applications for monitoring as specified
				  in s.
				  SPS
				  387.31.
(b) In order to receive an allocation of
				  financial assistance, the participating governmental unit shall prepare and
				  submit an application to the department. The application shall be on forms
				  acceptable to the department.
Note:
The Department forms required in this
					 chapter are available for a nominal fee at telephone 800-DOC-SALE or 411
					 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at
					 the Department's Web site at
http://dsps.wi.gov
through links to Division
					 of Industry Services forms.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.10 - Categories of POWTS

Current through June 24, 2024
The department and the participating governmental unit
					 shall use the following categories of failing POWTS to determine financial
					 assistance eligibility under s.
					 145.245(5),
					 Stats., and s.
					 SPS 387.20,
					 to financial assistance under s.
					 145.245(7),
					 Stats., and ss.
					 SPS
					 387.30 and
					 387.31:
(1)ELIGIBLE FOR FINANCIAL ASSISTANCE AWARD.
				  As specified in s.
				  145.245(5),
				  Stats., only category 1 or category 2 failing POWTS are eligible for assistance
				  under this chapter.
Note:
Section
					 145.245(5),
					 Stats., defines failure for two categories which are eligible for grant awards
					 - Category 1, failing private sewage system as defined in s.
					 145.245(4)
					 (a) to (c), Stats.; Category 2, failing
					 private sewage system as defined in s.
					 145.245(4)
					 (d), Stats.
(2) INELIGIBLE FOR FINANCIAL ASSISTANCE
				  AWARD. As specified in s.
				  145.245(5),
				  Stats., those systems that fail as a result of back up of sewage into the
				  structure served, are not eligible for assistance under this chapter.
Section
						145.245(5),
						Stats., defines Category 3, failing private sewage system as defined in s.
						145.245(4)
						(e), Stats., as ineligible for a grant
						award.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.20 - Eligibility of owners

Current through June 24, 2024
(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.
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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.21 - Ineligibility of owners

Current through June 24, 2024
(1)As specified
				  under s.
				  145.245(5m)
				  (b), Stats., the department shall notify a
				  governmental unit if it receives a certification under s.
				  49.855(3),
				  Stats., that an individual is delinquent in child support or maintenance
				  payments or owes past support, medical expenses or birth expenses.
(2) The department or a governmental unit
				  shall deny an application under sub. (1) if the department receives a
				  certification under s.
				  49.855(3),
				  Stats., that the owner or an individual who would directly benefit by the
				  financial assistance is delinquent in child support or maintenance payments or
				  owes past support, medical expenses or birth expenses.
(3) The department or a governmental unit
				  shall deny an application if a financial assistance amount under this chapter
				  has been previously awarded for rehabilitation or replacement work at the same
				  site, except for financial assistance awarded on an annual basis for monitoring
				  of approved experimental POWTS, as specified in s.
				  SPS
				  387.31.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.31 - Maximum allowable financial assistance amount for experimental POWTS

Current through June 24, 2024
(1) Pursuant to s.
				  145.245(7)
				  (e), Stats., this section establishes the
				  parameters for allocating the maximum allowable state financial assistance
				  award for experimental POWTS.
(2)
				  The department may determine on a case-by-case basis the maximum allowable
				  financial assistance amount for the installation and monitoring of an
				  experimental POWTS installed under s.
				  145.02(3)
				  (b), Stats.
(3) As specified in s.
				  145.245(11m)
				  (d), Stats., the department may prorate
				  available funds for the installation and monitoring of an experimental
				  POWTS.
Section
						145.245(7)
						(e), Stats., reads: "Costs allowable for
						experimental private sewage systems shall include the costs of installing and
						monitoring experimental private sewage systems installed under s.
						145.02(3)
						(b) and this
						section."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.32 - Ineligible rehabilitation or replacement work

Current through June 24, 2024
For the purposes of establishing work which is not eligible
					 for a financial assistance award under this chapter, the following items or
					 projects are considered ineligible work:
(1)
(a)
				  Rehabilitation or replacement of a failing POWTS conducted before the date on
				  which the governmental unit adopts this program.
(b) Rehabilitation or replacement of a
				  failing POWTS with an experimental POWTS conducted without department
				  pre-approval as specified under s.
				  SPS 387.40(1)
				  (b).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.40 - Application by owners

Current through June 24, 2024
(1) CONTENTS.
(a) In order to be eligible to receive a
				  financial assistance award under this chapter, the owner of a failing POWTS
				  shall submit an application to the participating governmental unit in which the
				  POWTS is located. The application shall be made on forms that are acceptable to
				  the department.
(b) In order to be
				  eligible to receive a financial assistance award for experimental systems under
				  this chapter, an owner shall receive written pre-approval for such system from
				  the department and submit information, in addition to those items specified in
				  par. (a), that:
1. Documents that the
				  experimental system is being conducted by an individual or entity as a research
				  project under the management of the department.
2. Indicates the objectives of the experiment
				  relative to treatment capabilities.
3. Delineates proposed sampling protocols of
				  influent and effluent loads and flows.
4. Includes a proposed schedule for the
				  installation, monitoring, reporting and conclusion.
5. Includes a copy of the monitoring contract
				  with an estimate of the costs of monitoring for the project period.
6. Provides other documentation as requested
				  by the department or participating governmental unit.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.50 - Alternate evidence of income

Current through June 24, 2024
A participating governmental unit may consider any of the
					 following criteria as satisfactory evidence of income:
(1)A copy of the owner's federal income tax
				  return or federal income tax forms for the taxable year in which the
				  enforcement order was issued or determination of failure was made and, if
				  married and filing separately, a copy of the federal income tax return or
				  federal income tax forms for that same year for the owner's spouse.
(2) In conjunction with the evidence of
				  income required under sub. (1), an affidavit from the owner. The affidavit
				  shall state the reason that a reduction in net income or adjusted gross income
				  is expected in the year in which the enforcement order was issued or
				  determination of failure was made, and the estimated amount of that reduction,
				  for the taxable year in which the enforcement order is issued or determination
				  of failure is made.
(3) An
				  affidavit from the owner of the principal residence or small commercial
				  establishment stating the reason that he or she was not required to file a
				  federal income tax return or federal income tax forms in the year prior to the
				  year in which the enforcement order was issued or for the year in which the
				  determination of failure was made.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.70 - Allocation of funds and financial assistance awards

Current through June 24, 2024
(1) GENERAL.
The department shall allocate funds available for
					 financial assistance awards to participating governmental units as provided in
					 s.
					 145.245(11),
					 Stats., except for funds so specified in s.
					 SPS
					 387.72.
(2) PRORATION.
(a) If available funds are not sufficient to
				  fully fund all applications, the department shall prorate available funds under
				  s.
				  145.245(11m),
				  Stats. A prorated payment shall be deemed full payment of the financial
				  assistance.
(b) A financial
				  assistance application denied under s.
				  145.245(11m)
				  (c), Stats., is not eligible for awards in a
				  later fiscal year.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.71 - Payments to participating governmental units

Current through June 24, 2024
(1)Except as
				  provided in s.
				  SPS
				  387.72, financial assistance payments shall be made to
				  the participating governmental unit which shall be responsible for disbursing
				  all funds received from the department for the purposes for which the financial
				  assistance award was made.
(2) A
				  participating governmental unit shall request payment on forms acceptable to
				  the department and shall include such information as required by the department
				  to document satisfactory completion of eligible work. Payments shall be
				  requested in accordance with the payment schedule included in the financial
				  assistance award conditions.
(3)
				  The total financial assistance amount payable to a participating governmental
				  unit is limited to the amount of funds awarded to the participating
				  governmental unit under this chapter. The specific financial assistance amount
				  for individual owners of a POWTS is limited to the maximum allowable financial
				  assistance amount under s.
				  SPS
				  387.30. Payment based on a prorated financial
				  assistance amount shall constitute a complete payment for that owner.
(4) At any time before final payment of the
				  financial assistance, the department may review and audit any request for
				  payment. Based on the review or audit, any payment may be reduced for prior
				  overpayment or increased for prior underpayment.
(5) The participating governmental unit shall
				  return to the department any funds, including any interest derived therefrom,
				  received under this chapter which are not disbursed to eligible
				  owners.
(6) The department may
				  authorize the withholding of a financial assistance payment where it determines
				  in writing that a participating governmental unit has failed to comply with
				  program objectives, financial assistance award conditions, or reporting
				  requirements. Such withholding shall be limited to only that amount necessary
				  to assure compliance.
(7) The
				  department shall withhold a financial assistance payment to the extent of any
				  indebtedness, relating to the provisions of this chapter, of the participating
				  governmental unit to the state of Wisconsin, unless it determines that
				  collection of the indebtedness will impair accomplishment of the program
				  objectives and that continuation of the specific project is in the best
				  interest of the state of Wisconsin.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.72 - Payments for monitoring of experimental systems

Current through June 24, 2024
(1)Except as
				  provided in ss.
				  SPS
				  387.70 and
				  387.71, the department shall make
				  financial assistance payments for monitoring of experimental POWTS to the
				  individual or entity performing the monitoring for the maximum allowable amount
				  on an annual basis up to the approved estimated costs for monitoring for
				  eligible work for a project period.
(2)
(a)
				  The individual or entity performing the monitoring shall request payment on
				  forms acceptable to the department and shall provide such information as
				  required by the department to document satisfactory completion of eligible
				  work. Subsequent annual payments for monitoring shall be requested in
				  accordance with the payment schedule included in the financial assistance award
				  conditions as approved by the department.
(b) The individual or entity performing the
				  monitoring shall make a request to the department for payment of monitoring
				  costs on an annual basis by submitting paid invoices documenting the eligible
				  work provided as included in the financial assistance award conditions.
				  Payments shall be awarded to the eligible individual or entity in accordance
				  with the payment schedule included in the conditions of the financial
				  assistance, the maximum allowable financial assistance amount, and usual and
				  customary costs for monitoring of an experimental POWTS.
(c) A direct payment of monitoring costs
				  shall be made to the individual or entity in accordance with this
				  section.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.80 - Program enforcement

Current through June 24, 2024
If the department has reason to believe that a violation
					 of the provisions of this chapter or of any financial assistance award or
					 financial assistance award amendment made under this chapter has occurred, the
					 department may take any of the following actions:
(1) Under s.
				  145.245(14),
				  Stats., the department may cause written notice to be served upon the alleged
				  violator, and in conjunction with that notice may either:
(a) Issue an order that corrective action be
				  taken by the alleged violator within a reasonable time.
(b) Require that the alleged violator appear
				  before the department for a hearing to answer the charges that a violation has
				  occurred.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.81 - Program audit

Current through June 24, 2024
(1)A governmental unit, owner or any other
				  individual or entity receiving financial assistance award under this chapter
				  shall make available to the department, upon request, any and all records
				  necessary to ascertain compliance with this chapter and the provisions as
				  specified in s.
				  145.245,
				  Stats.
(2) The department may
				  require documentation of monitoring and an audit of the individual or entity
				  providing monitoring.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.90 - Petition for variance

Current through June 24, 2024
(1) PROCEDURE. Under ch. SPS 303, the
				  department shall consider and may grant a variance to an administrative rule
				  upon receipt of a fee, a completed petition for variance form from the owner,
				  and a completed municipal recommendation from the participating governmental
				  unit having responsibility and an interest in the rule, provided an equivalency
				  is established in the petition for variance which meets the intent of the rule
				  being petitioned. The department may impose specific conditions in granting a
				  variance to promote the protection of the health, safety or welfare of
				  employees or the public. Violation of those conditions under which the variance
				  is granted constitutes a violation of these rules.
(2) PETITION PROCESSING TIME. Except for
				  priority petitions, the department shall review and make a determination on a
				  petition for variance within 30 business days of receipt of all calculations,
				  documents and fees required to complete the review. The department shall
				  process priority petitions within 10 business days.
Form SBD-9890-X is available on the Department's website
						at dsps.wi.gov.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 380-387 - Plumbing › Chapter SPS 387 - Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program › Section SPS 387.91 - Process for appeal

Current through June 24, 2024
(1) DETERMINATION OF INELIGIBILITY BY A
				  PARTICIPATING GOVERNMENTAL UNIT. When a decision by a participating
				  governmental unit is that the applicant does not meet the eligibility criteria
				  as established in this chapter and s.
				  145.245,
				  Stats., the owner may appeal the decision of the governmental unit in
				  accordance with ch. 68, Stats.
(2)
				  DETERMINATION OF INELIGIBILITY BY THE DEPARTMENT. When a decision by the
				  department is that the applicant does not meet the eligibility criteria as
				  established in this chapter and s.
				  145.245,
				  Stats., the owner may appeal the decision of the department in writing within
				  30 days from the date of said decision in accordance with s.
				  227.42,
				  Stats.
Section
						101.02(6),
						Stats., outlines the procedure for submitting requests to the department for
						appeal hearings and the department procedures for hearing appeals.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter I - Administration › Section SPS 390.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
						101.02
						and
						145.26,
						Stats., to regulate the design and construction, alteration or reconstruction
						of public swimming pools, water attractions and associated equipment in order
						to protect the health and safety of the public.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter I - Administration › Section SPS 390.02 - Application

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
					 the design and construction of all public swimming pools, water attractions and
					 associated slides, and to the reconstruction or alteration of all public
					 swimming pools, water attractions and associated slides.
Note:
Also refer to administrative rules
						administered by the department of Health Services, specifically ch. ATCP 76,
						for additional requirements regarding public swimming pools, water attractions
						and associated slides.
Note:
For accessibility information, refer
						to the final accessibility guidelines for recreational facilities, Federal
						Register, Vol. 67, No. 170, as published Tuesday September 3, 2002.
						Requirements relating to swimming pools, wading pools and spas are found under
						ADAAG 15.8.
(2)
					 RETROACTIVITY. A rule of this chapter does not apply retroactively to public
					 swimming pools, water attractions and associated slides existing prior to the
					 effective date of the rule unless specifically stated in the rule.
(3) LOCAL ORDINANCES. A county, city, village
					 or town or local board of health may enact ordinances for pools, water
					 attractions and associated slides, provided the standards are not in conflict
					 with this code.
(4) PETITION FOR
					 VARIANCE. The department shall consider and may grant a variance to a provision
					 of this chapter in accordance with ch. SPS 303.
Chapter
						  SPS
						  303 requires the submittal of a petition for variance
						  form (SBD-9890) and a fee, and that an equivalency is established in the
						  petition for variance that meets the intent of the rule being petitioned. Form
						  SBD-9890 is available at the Department's Web site at
http://dsps.wi.gov
through links to
						  Division of Industry Services forms.