9.1 POWTS Regulation, Sanitary Permits, Plan Review & Inspection

What a POWTS is

Wis. Stat. s. 145.01 (12) defines a private onsite wastewater treatment system as a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field on the same parcel. The term also covers alternative systems the department approves: a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or one on a different parcel. Special purpose districts as well as property owners may own them.

A POWTS has three kinds of components:

Who works on POWTS

• Installation and modification are plumbing. SPS 305.90 (1) (b) lets restricted-service licensees install POWTS. A master plumber or master plumber-restricted service is responsible for each installation (SPS 305.91 (6) (d) and 305.92 (6) (d): no installation before a sanitary permit is issued).
• Soil evaluations are performed by a certified soil tester (SPS 385.10), covered in section 9.2.
• Inspections by a governmental unit are made by a certified POWTS inspector (SPS 305.66).
• Maintenance after installation is done by a registered POWTS maintainer, and pumping by a licensed septage servicing operator (section 9.5).

How the code applies (SPS 383.03)

The permit is reviewed under the rules in effect on the date of permit approval (s. 145.19 (3m) (b)).

Uniform statewide code (SPS 383.03 (5)). A governmental unit may not enact a POWTS ordinance that is more or less stringent than ch. SPS 383 unless a rule specifically allows it. Proposed POWTS ordinances must reach the department at least 30 days before the first public hearing. Permitted local options (SPS 383.32 (2)) include prohibiting or limiting holding tanks, constructed wetlands and evapotranspiration beds; stricter rules for systems existing before December 1, 1972; and requiring government ownership of systems serving 2 or more structures on more than one property. Department interpretations override lower jurisdictions.

Sanitary permits (SPS 383.21)

1. Before installation, the property owner must hold a valid sanitary permit, and plan approval must be obtained.
2. Modifications that add or replace a holding, treatment or dispersal component also need a permit and plan approval.
3. The application goes to the governmental unit (usually the county), or to the department for state-owned property. It includes plans, the department's conditional approval when required, supporting information, local items and the fee.
4. If the system uses a restricted technology (Table 383.04-1: pressure distribution with orifices under 1/8 inch, including drip; mechanical treatment such as aerobic units; disinfection units; and sand, gravel or peat filters other than mounds), the responsible master plumber must document approved training.
5. If the management plan calls for evaluation, monitoring or maintenance at intervals of 12 months or less, the requirements must be recorded with the deed.
6. The governmental unit must decide within 30 days after receiving everything. A denial must state the reasons and appeal rights; appeals of a department denial are due within 30 days.
7. A permit expires 2 years after issuance unless renewed, and it transfers with ownership.

Plan review (SPS 383.22)

Inspection (SPS 383.26)

• No component may be covered or put into service until the governmental unit or department has had the opportunity to inspect.
• The responsible master plumber notifies the governmental unit and keeps records of each notice (date, time and person contacted). They also supply equipment and properly licensed personnel for the inspection.
• If the inspection isn't made by the end of the next workday (excluding weekends and holidays) after the requested inspection day, the plumber may proceed, including backfilling.
• Components must be tested per the manufacturer or the conditions of approval before being put into service.
• A local ordinance may require additional inspections.

Prohibitions to know (SPS 383.32)

• No cesspools, including ones existing before 2000.
• No final discharge of wastewater or effluent to open water or the ground surface.
• No wastes that cause NR 140 groundwater standards to be exceeded.
• Deleterious substances must be treated under SPS 382.34 first.
• No industrial wastes without DNR approval.
• No part of a POWTS in a floodway.
• RV transfer tanks are limited to ATCP 79 campgrounds or sites allowed by local ordinance.