Section 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 shall be made on forms that are acceptable to the department.(b) In order to be eligible to receive a financial assistance award for experimental systems under this chapter, an owner shall receive written pre-approval for such system from the department and submit information, in addition to those items specified in par. (a), that:1. Documents that the experimental system is being conducted by an individual or entity as a research project under the management of the department.2. Indicates the objectives of the experiment relative to treatment capabilities.3. Delineates proposed sampling protocols of influent and effluent loads and flows.4. Includes a proposed schedule for the installation, monitoring, reporting and conclusion.5. Includes a copy of the monitoring contract with an estimate of the costs of monitoring for the project period.6. Provides other documentation as requested by the department or participating governmental unit.(2) PRINCIPAL RESIDENCE. The application by the owner of a principal residence shall be made on forms acceptable to the department and shall include all of the following: (a)Evidence of annual family income. A person who owns a principal residence shall provide the evidence of income required under s. 145.245(5) (c) 2 and 3., Stats., or the alternative evidence of income required under s. 145.245(5) (c) 4, Stats., and s. SPS 387.50.(b)Sanitary permit number and date of issuance. A legible copy of the application for the sanitary permit issued by the governmental unit in which the POWTS is located.(c)Additional information. If within three years of the date in which the enforcement order was issued or determination of failure was made, the applicant has bought or sold the principal residence served by a failing POWTS, the person shall provide the following additional information: 1. A copy of the closing statement, the sale contract, escrow agreement or other documentation which shows the date of sale of the property.2. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows that the cost of replacing the failing POWTS has or will be incurred at the owner's expense.(3) SMALL COMMERCIAL ESTABLISHMENTS. The application for eligible owners of small commercial establishments, as specified in s. 145.245(5) (a) 2, Stats., shall be made on forms acceptable to the department and shall include all of the following: (a)Evidence of annual business income. As specified in s. 145.245(5) (d) 2, Stats., a business which owns a small commercial establishment shall provide one of the following as evidence of annual gross revenue: 1. A copy of the federal income tax return filed by the business for the tax year prior to the year in which the enforcement order was issued or determination of failure was made or for the tax year in which the determination of failure was made.2. If the small commercial establishment is owned by a private nonprofit corporation as defined in s. 181.0103(17), Stats., the nonprofit corporation shall provide a profit and loss statement for the commercial establishment for the tax year prior to the year in which the enforcement order was issued or determination of failure was made or for the tax year in which the enforcement order was issued or determination of failure was made. Note: As specified in s. 145.245(11) (d), Stats., the department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for small commercial establishments.
Note: As specified in s. 145.245(5) (a) 2, Stats., a business must own the small commercial establishment in order to be eligible for a grant amount. A business which leases a small commercial establishment is not eligible. Therefore, the application and income eligibility requirements must be met by the owners of the property served by the failing private sewage system.
(b)Sanitary permit number and date of issuance. A legible copy of the application for the sanitary permit issued by the county in which the POWTS is located.(c)Additional information. If within 3 years of the date that the enforcement order was issued or determination of failure was made, and an owner has bought or sold the small commercial establishment served by a failing POWTS, the person shall provide the following additional information:1. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows the date of sale of the property.2. A copy of the closing statement, sale contract, escrow agreement or other documentation which shows that the cost of replacing the failing POWTS has or will be incurred at the owner's expense.(d)Other information. Any other information that may be requested by the department or participating governmental unit.Wis. Admin. Code Department of Safety and Professional Services SPS 387.40
Cr. Register, December, 1998, No. 516, eff. 2-1-99; correction in (3) (a) 2., made under s. 13.93(2m) (b) 7, Register, April, 2000, No. 532; CR 04-068: am. (1) (a), (b), (2), (3) (a) 1., 2., (b) and (c) Register January 2005 No. 589, eff. 2-1-05; correction in (2) (a), (3) (a) 2. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.