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LAND USE
Updated on January 02, 2008
Septic System (Comm 83)

 

Do you want to learn more about Comm 83 - Septic System issues? Start by reviewing Septic System Legal Updates

 Description of Septic Systems

Background

The state's private septic system regulations ("Comm 83") establish standards and criteria for the design, installation, inspection and management of a private onsite wastewater systems ("POWTS") so that the systems are safe and will protect the public.

Comm 83 does not dictate the selection of certain POWTS, and instead sets p a r a m e t e r s , options, prohibitions, and limitations for the design of POWTS. As a consequence of this flexibility, Comm 83 allows the use of five new categories of POWTS. Unlike conventional systems that rely upon the soil to treat wastewater, the new POWTS systems contain filtering devices that remove organic material and bacteria from wastewater before it is released into the ground. Because of the effectiveness of these filtering devices, the new POWTS may require a minimum of six inches of in situ soil (native or naturally occurring soil), rather than the 24 inches of in situ soil required by conventional systems. The new systems generally have been approved by the United States Environmental Protection Agency (EPA) and the Wisconsin Department of Natural Resources (DNR) and have been used for years in states like Minnesota and Michigan.

In addition to the new systems that will be made available, the proposed rule contains the following important provisions:

  • Allows counties to delay usage of new system designs for new development until January 1, 2003. Counties, however, cannot delay the use of these designs for replacement systems.
  • Requires plan approval and a sanitary permit before the installation of a POWTS may begin; local governmental units would still be required to review plans employing “conventional” technology for residential projects while plans for commercial projects or projects employing technologies not previously recognized would be reviewed by the Wisconsin Department of Commerce ("Commerce'). Plans using other types of “pre-recognized” solutions would be reviewed by either the local governmental unit or Commerce depending upon where the submitter wanted the service to be performed and if the local government unit had opted to provide this service as an agent of the department.
  • Requires the testing of components before the system is put into service.
  • Improves inspection and maintenance requirements. The proposed code requires property owners to maintain a maintenance or service contract with a professional maintenance provider meeting the state maintenance requirements. In addition, property owners must provide a copy of the maintenance report to Commerce or the county, if applicable, within 10 business days from the date of the inspection, maintenance, or servicing.
  • Authorizes municipalities to prohibit the use of holding tanks, constructed wetlands, and evapotranspiration beds.

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