Wisconsin Administrative Code

SPS 384.50 Alternate approvals and experimental approvals. (1) GENERAL. The provisions of chs. SPS 382 to 384 are not intended to prevent the use of a plumbing material or product not specifically addressed therein if the plumbing material or product has been approved by the depa…

SPS 385.01 Purpose. The purpose of this chapter is to establish the minimum requirements for evaluating and reporting soil and site characteristics that may affect treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes. History: …

SPS 385.02 Scope. (1) Pursuant to s. 145.02, Stats., this chapter applies to all soil and site evaluations conducted relative to the treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes into soil. (2) A department interpretatio…

SPS 385.10 Qualifications. (1) SOIL EVALUATION. A soil evaluation for treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes regulated by chs. SPS 383 and 391 shall be performed by an individual who is a certified soil tester. A …

SPS 385.20 Soil evaluations. (1) GENERAL. (a) Soil boring methods and procedures shall comply with this section. SPS 385.30 SPS 385.40 SPS 385.50 SPS 385.60 Soil profile description and interpretations. Evaluation reports. Governmental unit review. Soil saturation determinations.…

SPS 385.30 Soil profile description and interpretations. (1) GENERAL. (a) A soil profile description shall be prepared for each soil profile excavation constructed. (b) Soil profile descriptions shall be written in accordance with the descriptive procedures, terminology and inter…

SPS 385.40 Evaluation reports. (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 report…

SPS 385.50 Governmental unit review. (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, rejec…

SPS 385.60 Soil saturation determinations. (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 hi…

SPS 386.01 Applicability. 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 (…

SPS 386.02 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter. (1) XDepartmentY means the department of safety and professional services. (2) XApprovedY means written approval from the department. (3) XBoatY means every descri…

SPS 386.03 Petition for variance. (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 petitio…

SPS 386.04 Contract applicability. 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 ap…

SPS 386.05 Approval required. (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 …

SPS 386.06 Holding tank, toilet and appurtenances. (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 galvani…

SPS 386.07 Overboard discharge inactivation. 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 ina…

SPS 386.08 On-shore disposal facilities. (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 regulat…

SPS 386.09 Alternate facilities. (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 o…

SPS 386.10 Operation and maintenance. 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 no…

SPS 386.11 Prohibited facilities. 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. History: C…

SPS 387.01 Purpose. 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 o…

SPS 387.02 Applicability. 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,…

SPS 387.03 Definitions. The following definitions apply to this chapter. (5) XOwnerY, for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS. (7) XPersonY means any one of the following: (a) Any individual including the estate…

SPS 387.04 Application by governmental units to participate. 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…

SPS 387.05 Grant application by participating governmental units. (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…

SPS 387.10 Categories of POWTS. 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), …

SPS 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 …

SPS 387.21 Ineligibility of owners. (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 pa…

SPS 387.30 Maximum allowable financial assistance amount. (1) ELIGIBLE REHABILITATION OR REPLACEMENT WORK. Except as provided under sub. (5) and s. SPS 387.72, POWTS work eligible for financial assistance awards shall be limited to those activities listed in the financial assista…

SPS 387.31 Maximum allowable financial assistance amount for experimental POWTS. (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 ma…

SPS 387.32 Ineligible rehabilitation or replacement work. 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 fa…

SPS 387.40 Application by owners. (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 s…

SPS 387.50 Alternate evidence of income. 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 …

SPS 387.70 Allocation of funds and financial assistance awards. (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. (…

SPS 387.71 Payments to participating governmental units. (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 f…

SPS 387.72 Payments for monitoring of experimental systems. (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 allo…

SPS 387.80 Program enforcement. 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 followi…

SPS 387.81 Program audit. (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…

SPS 387.90 Petition for variance. (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 par…

SPS 387.91 Process for appeal. (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 own…

SPS 390.01 Authority and purpose. 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 h…

SPS 390.02 Application. (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. Not…

SPS 390.03 Definitions. In this chapter: (1) XAccessibleY means easily and readily exposed for inspection and the replacement of materials or parts with the use of tools. (2) XANSIY means the American National Standards, Institute, Inc. (3) XApprovedY means acceptable to the depa…

SPS 390.04 Plan review and approval. (1) REVIEW. (a) Review requirements. All designs under the scope of this chapter shall be submitted to the department for review and receive approval from the department prior to the start of construction in accordance with this section. Note:…

SPS 390.05 Construction. (1) CONSTRUCTION SUPER(a) Options. 1. The installation, alteration or reconstruction of any public swimming pool or water attraction shall be under the supervision of a construction contractor pursuant to s. 443.14 (6), Stats., or a Wisconsin registered a…

SPS 390.07 Fines. Any person who violates this chapter or any plan or specification included as part of an approval that is issued under this chapter shall be fined pursuant to s. 145.26 (6), Stats., not less than $100 nor more than $5,000 for each violation. Each day of continue…

SPS 390.10 Minimum design requirements. (1) GENERAL REQUIREMENTS. (a) Any construction or alteration of a pool or water attraction shall be designed and installed as specified under this subchapter. (b) The design of pools and water attractions shall be based on generally accepte…

SPS 390.11 Basin design. (1) GENERAL. (a) Except as provided in par. (b) or (c), pool and water attraction basins shall conform to all of the requirements in this section. (b) Therapy pool basin designs shall comply with the basic principles in s. SPS 390.10 (1) (b). (c) Competit…

SPS 390.12 Entries and exits, stairs, ladders, swimouts and benches. (1) ENTRIES AND EXITS. The minimum number, type and location of entries and exits shall be in accordance with Table 390.12-1. Table 390.12-1 Entry and Exit Locations and Type Basin Type Entry and Exit Requiremen…

SPS 390.13 Deck. (1) MINIMUM DECK. (a) Except as permitted in pars. (b) to (e), deck shall extend around the entire perimeter of all basins within the same enclosure. (b) A water attractions shall be provided with deck immediately adjacent to a basin where patrons are allowed to …