Section SPS 383.32 - Prohibitions and limitations(1) PROHIBITIONS. (a) Except as provided in s. SPS 383.03(4), the introduction of wastewater or substances in such quantities or concentrations to a POWTS, including a POWTS existing prior to July 1, 2000, that results in exceeding the enforcement standards and preventive action limits specified in ch. NR 140 Tables 1 and 2 at a point of standards application shall be prohibited. Note: Section SPS 383.03(4) reads:
(4) Groundwater standards.
(a) 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 sub. (5).
(b) Pursuant to s. 160.19(2) (a), Stats., the department has determined that it is not technically or economically feasible to require that a POWTS treat wastewater to comply with the preventive action limit for chloride specified in ch. NR 140, Table 2, as existed on June 1, 1998.(c) Substances deleterious to a POWTS shall be intercepted, diluted or treated in accordance with s. SPS 382.34 prior to the substance discharging into a POWTS.(d) The use of a cesspool as a POWTS is prohibited, including any cesspool existing prior to July 1, 2000.(e) The final discharge of domestic wastewater or POWTS effluent to open bodies of water is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.(f) The final discharge of domestic wastewater or POWTS effluent to the ground surface is prohibited, including by means of plumbing outfall pipes existing prior to July 1, 2000.(g) The infiltrative surface of a treatment or dispersal component of a POWTS existing prior to December 1, 1969, which consists in part of soil may not be located in bedrock or groundwater.(h) The use of RV transfer tanks shall be restricted to any of the following sites: 1. Campgrounds permitted by the department of health services under ch. ATCP 79.2. Properties where the use of the RV transfer tank is permitted by an adopted governmental unit ordinance and monitored by the governmental unit.(i) The use of camping unit transfer tanks shall be restricted to campgrounds permitted by the department of agriculture, trade and consumer protection under ch. ATCP 79.(2) LOCAL PROHIBITIONS. (a) A municipality may by ordinance prohibit or limit the installation and use of the following technologies, designs or methods as POWTS components:2. A constructed wetland as a POWTS treatment component.3. An evapotranspiration bed as a POWTS treatment component.(b) A municipality may enact ordinances that are more restrictive than the applicable state minimum standards for those POWTS existing prior to December 1, 1972, except as provided in s. SPS 383.03(2) (b) 2.Note: The date, December 1, 1972, reflects the point in time at which the state plumbing code became a state-wide uniformly applied code rather than just a minimum standard. Since December 1, 1969 to July 1, 2000, the state plumbing code required 36 inches of soil between the infiltrative surface of a POWTS and high groundwater or bedrock.
(c) A municipality may by ordinance restrict the ownership of a POWTS to a governmental entity or agency when the POWTS is to serve 2 or more structures or buildings that are located on more than one property.(3) LIMITATIONS. (a) Industrial wastes and wastewater may not, unless approved by the department of natural resources, be introduced into a POWTS. Note: The department of natural resources regulates the discharge of industrial wastes to land treatment systems under ch. NR 214. Section NR 214.02 reads in part:
"This chapter applies to those discharges of industrial wastes to land treatment systems not regulated under ch. NR 518. This includes but is not limited to liquid wastes, by-product solids and sludges generated by: fruit and vegetable processing, dairy products processing, meat, fish and poultry products processing, mink raising operations, aquaculture, commercial laundromat and motor vehicle cleaning operations and any other industrial, commercial or agricultural operation which results in a point source discharge that has no detrimental effects on the soils, vegetation or groundwater of a land treatment system."
(b) A POWTS may accept wastewater permitted under s. SPS 382.38(3) (a) and Table 382.381.(c) Except as provided in ss. NR 116.12(1) (e) and 116.15(2) (b), no part of a POWTS may be installed in a floodway.Wis. Admin. Code Department of Safety and Professional Services SPS 383.32
Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (1) (e) and (f), (3) (a) and (b) Register January 2004 No. 577, eff. 2-1-04; CR 07-100: renum. (1) (h) to be (1) (h) (intro.) and am., cr. (1) (h) 1. and 2., am. (3) (c) Register September 2008 No. 633, eff. 10-1-08; correction in (1) (h) 1. made under s. 13.92(4) (b) 6, Stats., Register September 2008 No. 633; correction in (1) (h) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2010 No. 660; correction in (1) (a), (c), (2) (b), (3) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; CR 11-031: am. (1) (h), (3) (b) Register June 2013 No. 690, eff. 7-1-13.Amended by, correction in (1) (h) 1. made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017Amended by, CR 17-017: cr. (1) (i) Register March 2018 No. 747, eff. 4/1/2018See s. SPS 383.45(6) for installations in a floodfringe.