Section SPS 383.29 - Range of responses(1) (a) Pursuant to s. 160.21, Stats., the department shall respond with any one or more of the actions delineated under Table 383.29 if the preventive action limits or enforcement standards enumerated in ch. NR 140 Tables 1 and 2 are exceeded at a point of standards application as a result of the performance of a POWTS, including a POWTS existing prior to July 1, 2000, except as provided in par. (b). (b) Pursuant to s. 160.255, Stats., the design, installation, use or maintenance of a POWTS is not required to comply with the nitrate standard specified in ch. NR 140 Table 1, except as provided under s. SPS 383.03(5)Table 383.29
Department Range of Responses
* | Gather more data relative to the cause and significance of the exceedance. |
* | Determine whether the situation is a human health hazard. |
* | Issue orders to change or comply with the management or maintenance plan of a specific POWTS or type of onsite wastewater system. |
* | Issue orders to conform with this chapter, including the prohibition of an activity or practice. |
* | Determine whether the exceedance is an isolated problem, or is likely to recur. |
* | Revise or revoke a product approval issued under ch. SPS 384 for a treatment or dispersal component. |
* | Revise the rules of this chapter or ch. SPS 381, 382, 384 or 385. |
(2) Pursuant to s. 160.21(2), Stats., the point of standards application relative to the performance of POWTS shall be: (a) Any point of present groundwater use for potable water supply; and(b) Any point beyond the boundary of the property on which the facility, practice or activity is located.Wis. Admin. Code Department of Safety and Professional Services SPS 383.29
Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (a) Register January 2004 No. 577, eff. 2-1-04; correction in (1) (a), (b), Table 383.29 made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.