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Safety and Buildings Division Private Onsite Wastewater Treatment Systems Advisory Council Meeting Summaries

Meeting summaries are considered drafts until approved by council members at a subsequent meeting.
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Thursday, April 14, 2011, 9:30 a.m. to 2:30 p.m., City of Madison Fire Station #11, 4011 Morgan Way, Madison, Wisconsin

Council member attendance: James Converse, Absent; Steven Crosby, Present; Dale Dimond (co-chair), P; Jim Eberhardt, P; Fred Hegeman (after lunch) P; Don Murphy, P; Chris Olson, P; Sue Schambureck, P; Todd Stair (chair), P; E. Jerry Tyler, P; Bryon Wooten, P.

Department of Safety and Professional Services Staff: Ross Fugill, Leroy Jansky, Roman Kaminski, Berni Mattsson, Norma McReynolds.

Guests: Ann Marie Austin, Essie Consulting Group; Patrick Essie, Essie Consulting Group; Terri Griffiths, aide for Rep. Ed Brooks, District 50.

Welcome, introductions, and review agenda

Chair Todd Stair welcomed everyone to the April 14, 2011, meeting of the Private Onsite Wastewater Treatment Systems (POWTS) Advisory Code Council at the City of Madison Fire Station #11. The meeting’s agenda was reviewed and accepted. The council accepted the progress report from the February 9, 2010, meeting.

Division Updates
Roman Kaminiski shared the following department updates with council members:
- Wisconsin Fund program: About $2.3 million has been allocated for the Wisconsin Fund program in the governor’s proposed biennial budget. Proration of grant awards will be likely about $3.9 million has been requested by grant applicants.
- Permits: After several years of decline, POWTS permits have bottomed out and appear to be slowly increasing again. However, the program continues to experience a revenue shortfall. In 2004 there were about 21,000 permits issued compared to 10,000 to 11,000 now.
- Wastewater Specialist Districts: Because of budget and revenue shortfall, the division is unable to fill district wastewater specialist positions. Lenny Kanter is helping out in District 1 and District 5 will continue to be staffed on a temporary basis.
- Staff: The department is anticipating additional retirements of wastewater specialists.
- Reorganization: The Department of Safety and Professional Services will be dissolved July 1, 2011, and replaced by the Wisconsin Economic Development Corporation, which is a private entity. The divisions of Safety and Buildings and Environmental Regulatory Services will be merged with the Department of Regulation and Licensing to form the Department of Safety and Professional Services. The divisions will remain intact, and there will not be any major changes until after the merger. At this time, the POWTS Council’s operation will not be impacted.
- Comm 82, published in February Administrative Register: When the Legislative Reference Bureau updated chapter Comm 82 in December, 2010, there were errors in the chapter’s index. These errors were corrected and the entire chapter re-published in the February, 2011, Register.

Public Comment
Roman distributed a letter from Sen. Dale Schultz to Secretary Paul Jadin. The letter requested that the department and council consider a code proposal that would allow homeowners to inspect their own residential septic system. The proposal was developed by a Sauk County resident, Ken Benzel.

Terri Griffiths, an aide with Rep. Ed Brooks, explained that Benzel’s proposal stems from financial concerns and that testing every three years is unnecessary for the volume of use at his residence. Rep. Brooks has also heard from seasonal homeowners who don’t use their properties full time and are concerned with volume use and unnecessary testing and pumping.

Council members discussed the letter, and made the following points:
- The code requirements were developed for protecting public safety, health and the environment. Some of the health and safety issues involved in maintaining a POWTS include dangerous gases, drowning hazards, and wastewater leakage from damaged or defective components.
- Many variables are involved in tracking more than 680,000 systems. It is difficult to track how many bedrooms a structure contains, how many families currently live in a house, or if it is seasonal usage.
- Homeowners have a choice of a private sewage system or living on a municipal sewer system. Perhaps they should compare the price of a POWTS system maintenance check every three years to that charged by a municipality for sewer services.
- Inspection costs vary, but would homeowners be willing to incur the same expenses as pumping services? For example, there is a $100 tool that is required to perform the inspection; a filter that needs to be pulled and cleaned every three years; maintaining a credential, etc. - The integrity of the homeowner doing the self-inspection also comes into question. Some may want to do it and would do it correctly; others don’t even know where the manhole covers are. Therefore, it is important to have a professional service provider look at the system and assess maintenance issues.
- Counties are not mandated to send out notices. There is no code requirement. However, if they don’t send reminders, then the owners won’t do it on their own.
- Wisconsin is recognized nationally as a leader in POWTS program activities. The program has come a long way in the last 100 years and this would mean taking a step backwards.

Discuss POWTS code revision suggestions
Roman distributed a draft of the current code revisions. Because of the October, 2011, deadline imposed by 2009 Wisconsin Act 392, the department recommends going ahead with a smaller code change package. The council will continue to meet and discuss additional code changes that would go in another package.

The council discussed the homeowner’s awareness proposal that was proposed at its February 9, 2011, meeting. Todd explained that the homeowner would be required to sign an awareness memo concerning his or her POWTS. During the council’s discussion, the following points were made:
- Tie the awareness proposal to the “maintenance” form from the county. The service provider is required to sign the form and perhaps the homeowner should also sign it.
- The owner of a POWTS is responsible for the system. By signing an awareness memo, it moves the liability to the responsible party.
- The memo would address manhole access covers and other safety issues. According to Comm 83.52(1)(a)2, the owner is responsible for ensuring that access opening covers be locked or secured.
- Council members support some kind of statewide communication that reiterates to homeowners that their septic systems belong to them and they are responsible for their maintenance and safety issues.
- The consensus of the council was to develop some wording for a homeowner’s awareness memo and a procedure to put it into place. A first step could be adding the owner’s signature to the county’s maintenance form. Roman suggested that the proposal be piloted in a few counties to work out the logistics and specifics.

Todd and Jerry will continue working on the homeowner’s awareness proposal and bring recommendations to the next meeting.

Enhanced treatment - theory and design considerations
Ross Fugill, Wastewater Specialist with the Department of Safety and Professional Services, made a presentation on “Assuring Pathogen Removal by ASTM C33 Dispersal Components.” He distributed a CD with information relating to the Door County study and the State Laboratory of Hygiene’s study evaluating the pathogen removal performance of ASTM C33 sand.

Ross recommended the council address the following:
1) Modify Table 83.44-2 for coarse sand for all categories of effluents by inserting an asterisk on coarse sand and adding a footnote.
2) Develop code language for effluent distribution in section Comm 83.44(5). In addition, the department would develop corresponding specifications in the component manual. Jerry Tyler volunteered to work with Ross on draft language for the council to review.

POWTS code draft
The council reviewed the proposed code changes section by section. A discussion ensued about section 11 relating to setback, slopes, and erosion with the council agreeing to go ahead with the rule modification and to continue the discussion at future council meetings.  The council recommended rewording Comm 83.54(3)(d) in sections 13 and 14.  Staff will finalize the proposed rule package for a public hearing in June, 2011.

Discuss Homework

Todd volunteered to draft a document relating to the homeowner’s awareness proposal. Ross and Jerry will work on proposed code language relating to effluent distribution.

Council and staff members will continue to work on assignments from the February meeting: 1) setback issues, and 2) minimum weight for synthetic fabrics.
 
At its next meeting, the council will continue to discuss and provide feedback on proposed code revisions.

Set next meeting date and adjourn : The council will meet in early June. Staff will contact the members about date and location. The meeting adjourned.

Next meeting: The next meeting of the POWTS Advisory Code Council is set for Thursday, June 9, 2011, at the Town of Westport, 5387 Mark Lake Road, Waunakee, Wisconsin. Please contact Roman Kaminski, roman.kaminski@wisconsin.gov, for more information


Wednesday, February 9, 2011, 9:30 a.m. to 2:30 p.m., City of Madison Fire Station #11, 4011 Morgan Way, Madison, Wisconsin

Council Member Attendance: James C. Converse - Excused; Steven Crosby - e; Dale Dimond, co-chair - Present; Jim Eberhardt - P; Thomas A. Gilbert - P; Alan Kaddats (alernate for Don Murphy) - P; Chris Olson - P; Sue Schambureck - P; Todd Stair, chair, - P; E. Jerry Tyler - P; and Bryon Wooten - P.

Department of Safety and Professional Services Staff: Leroy Jansky, Roman Kaminski, Berni Mattsson, Norma McReynolds and Thomas G. Nardelli.

Guests: Patrick Essie, Essie Consulting Group; Fred Hegeman, Wisconsin Department of Natural Resources; and Gary Heinriches, Wisconsin Department of Natural Resources.

Welcome, introductions, and review agenda
Chair Todd Stair welcomed everyone to the February 9, 2011, meeting of the Private Onsite Wastewater Treatment Systems (POWTS) Advisory Code Council at the City of Madison Fire Station #11.

The meeting’s agenda was reviewed and accepted.

Review progress report from previous meeting
The Council accepted the progress report from the December 8, 2010, meeting.

Division updates
Roman Kaminiski introduced Safety and Buildings Division’s new administrator, Thomas G. Nardelli, and the Program Development Bureau’s new director, Berni Mattsson.

The following department updates were shared with Council members:

  • Status of the Department of Safety and Professional Services and of the Safety and Buildings Division – By July 1, 2011, the Safety and Buildings Division will be transferred from the Department of Safety and Professional Services to the Department of Regulation and Licensing. The division will remain intact, and there will not be any major changes until after the merger. At this time, the Council’s operation will not be impacted.
  • Update on the Wisconsin Fund program – The deadline for applications for the Wisconsin Fund Program was February 1, 2011. About 900 applications totaling $3.9 million were received. This is more than $1 million above the amount in the proposed budget submitted by the previous Governor. Proration will come into play for Category 1 applications while the Category 2 applications will not be funded. The Wisconsin Fund is a program that has been in existence since the late 1970s/early 1980s. The popular program helps Wisconsin residents and businesses offset a portion of the cost of repair or replacement of existing failing POWTS. Concern was expressed if the Wisconsin Fund would be included in the current Governor’s biennium budget to be announced in late February.

Discuss POWTS code revision suggestions
Roman reviewed with the Council members several handouts that were drafts of suggested code revisions.

  • Comm 5.36 (3) (a) 1. to 5 relating to qualifications for registration for POWTS Maintainer – One of Jim Converse’s homework assignments was to research and make suggestions for the POWTS maintainer registration. The objective of the maintainer registration is to provide a degree of assurance that an individual has the knowledge to provide maintenance and service for POWTS. Jim’s recommended changes focused on the 6 hours of courses required for the registration and especially the elimination of “sand filters” verbiage. The Council recommended changing “and” to “including” in Comm 5.36 (3) (a) 2.
A discussion ensued about the POWTS maintainer and ways to improve the registration criteria. The Council recommended creating a work group or subcommittee to look more closely at the maintainer registration. Staff will compile information about POWTS maintainer registration including Leroy Jansky’s PowerPoint training presentation, and then the Council chair and Roman will discuss how to proceed.
  • Table A-83.43-1 in the Appendix – Another of Jim’s assignments was to review Table A-83.43-1. Council members received a handout of Table A-83.43-1 that incorporated Jim’s suggestion to replace the asterisk with footnotes. The Council accepted Jim’s recommendation.
  • Comm 83 technical clarifications – Staff prepared a code draft of the technical clarifications that the Council recommended at its December 8, 2010, meeting. The Council reviewed and approved each treatment section except for Section 4:
The reference to Comm 82.22 (7) may be incorrect. Staff will research to determine the best reference and clarify the requirements relating to abandonment. A discussion ensued about ways to report or track abandoned tanks. The MOTION (Eberhardt/Stair) for counties to keep records indefinitely instead of being allowed to dispose of them once an old system is removed FAILED. (Vote was 1–8.) Staff will draft new code language for Section 4.
  • Table 83.43-1 – Dale Dimond’s homework was to review Table 83.43-1 relating to setbacks. His recommendations include:
    • Add the word “forcemain” to the heading on the last column.
    • Add a footnote to “Water Service and Private Water Main” that refers to Comm 82.40 (8) (b) 8. that lists a 15-foot setback to POWTS pump discharge piping.
Dale asked about setbacks for non-navigable ponds because they are not addressed in NR 151. The Council will create a setback subcommittee to research the many variables involved in non-navigable ponds and other detention ponds. Dale and Chris Olson volunteered to serve on the subcommittee.
  • Rejuvenation products (ATU)s – Another of Dale’s assignments was to research plan review, permitting issues and temporary use permits for rejuvenation products. He recommends not changing the code, and instead suggested that Commerce develop a policy memo on removing or shutting down an ATU when it is used to rejuvenate a POWTS. The Council approved the recommendation.
  • Retro installation of filters – Dale’s third assignment was to visit with counties about requiring a permit for the addition of a filter. Currently, the issuance of permits for treatment devices such as filters is inconsistent. The problem is that some counties are more aggressive than others. For example, some counties require a state sanitary permit, some require a county permit while others do not require any permit. Staff will determine what types of permits are being issued for filter installations before considering revising the code.
  • Manhole covers and locking devices – Todd suggested changing the 2- or 3-year maintenance cycle form that many counties use to require not only the service provider’s signature but the homeowner’s. This would lead to more involvement by the homeowners who would acknowledge they have a management plan in their possession, know where the POWTS manhole covers are located and that the covers are locked.
ON MOTION (Tyler/Olson) the chair will establish a subcommittee to research the homeowner report/signature idea. Chris, Pat, Bryon, Sue, Jerry and Todd volunteered to serve on the subcommittee.
  • Minimum weight for synthetic fabric – Leroy has done some online research on the durability of synthetic fabric. His next step is to contact the manufacturer.

NR 113 – Comm 83 discussion
Fred Hegeman of the Department of Natural Resources (DNR) reviewed NR 113 with the Council. The discussion focused on the following areas:

  • Comm 83 / NR 113 interaction – Fred recommends both codes should be reviewed to insure mutual areas of concern are consistently addressed.

  • Holding tank wastewater – Since the 2000 revision to Comm 83, holding tanks are no longer considered a system of last resort. There is ongoing concern about how to deal with the volume of holding tank wastewater. The Council suggested that DNR revisit NR 113 because there will always be properties where the soil does not allow the installation of any system other than a holding tank.

  • Installation and service on an island – DNR has fielded complaints about how to service a POWTS on an island. The Council recommended addressing the issue in the management plan at the time of plan review.

  • Distance from servicing pad to tanks – Comm 83 was revised to include specific servicing information in management plans, but DNR still gets a lot of complaints from pumpers. One solution that has been suggested is to include the specific servicing information on the deed in addition to the management plan that is given to the new owner. The Council objected to the deed restriction suggestion and pointed out that this is more of an educational issue with POWTS designers and counties.

  • Comm. 83.33 (3) relating to abandonment of tanks – DNR would like to see the language clarified and suggested adding “removal and” to the note. The Council agreed that cleaner language is needed to address the issue.

NR 116 – Comm 83 discussion
Gary Heinrichs, who is the floodplain management expert for DNR, discussed NR 116 and the POWTS related problems that DNR is encountering. For example, NR 116 does not contain any standards for holding tanks in a floodplain. Also, even though there have been several minor code modifications to Comm 83 both codes still refer to language in each other code but the result does not provide clear guidance. Although NR 116 needs an update, DNR is suffering from “administrative fatigue” in regard to rule promulgation. The Council suggested that when the NR 116 is re-opened that DNR and Commerce use consistent terminology. (i.e., Commerce uses “interceptors” while DNR says “collectors.”)

Currently, DNR is working on improved mapping of floodplains in Wisconsin. The re-mapping project is being paid for by flood insurance premiums and will update several counties to a computerized system.

Discuss homework
At its next meeting, the Council will continue to discuss and provide feedback on proposed code revisions. The Council’s goal is to move forward with a code package that can be adopted by fall 2011.

Set next meeting date and adjourn
The Council will meet Thursday, April 14, 2011, at the City of Madison Fire Station #11.

ON MOTION (Schambureck/Eberhardt) the meeting adjourned.

Next meeting:
The next meeting of the POWTS Advisory Code Council is set for Thursday, April 14, 2011, at the City of Madison Fire Station #11. Please contact Roman Kaminski at roman.kaminski@wisconsin.gov for more information.


Wednesday, December 8, 2010, 9:30 a.m. to 2:30 p.m., City of Madison Fire Station #11, 4011 Morgan Way, Madison, Wisconsin

Council Member Attendance: James C. Converse - Present; Steven Crosby - P; Dale Dimond, co-chair - P; Jim Eberhardt - P; Thomas A. Gilbert - P; Don Murphy - P; Chris Olson - P; Sue Schambureck - P; Todd Stair, chair, - P; E. Jerry Tyler - P; and Bryon Wooten - P.

Department of Safety and Professional Services Staff: Leroy Jansky, Roman Kaminski and Norma McReynolds.

Guests: Ann Gryphan

Welcome, introductions, and review agenda

Roman Kaminski welcomed everyone to the December 8, 2010, meeting of the Private Onsite Wastewater Treatment Systems (POWTS) Advisory Code Council at the City of Madison Fire Station #11. This is the third time that the POWTS Council has been reconvened since the code’s major rewrite in 2000.

After the Council members, staff and guests introduced themselves, Roman reviewed the Council’s duties which include developing rules for Chapters Comm 81 to 87 relating to the of 2009 Wisconsin Act 392 which mandates the inventory and maintenance of private sewage systems. The scope statement that was signed June 24, 2010, also allows the Council to focus on technical revisions that address code inconsistencies and new technologies.
Roman read an article from the Dayton (Ohio) Daily News about an Ohio town that relies on acid coal mine runoff to treat its sewage. He thanked the Council members for their commitment and work, and pointed out that there are other areas of the country which are still not up to the standards that have been developed in Wisconsin.

The meeting’s agenda was reviewed. Division updates were moved ahead of the election of the chair and co-chair.

Division updates
Roman updated Council members on the following:
  • Staff Retirements – Dennis Sorrenson, wastewater specialist from LaCrosse has retired. His district has been temporarily assigned to Charles Bratz, plan reviewer from LaCrosse. Lynita Docken, plumbing and pool program manager, has retired. Her duties were divided between Jim Miller and Roman. Other retirements include Don O’Remus and Herman Delfosse.
  • New Program Development Bureau Director – Bernice (Berni) Mattsson will be Program Development Bureau Director as of January 3, 2011. Currently, Berni is the Administrator of the Division of Environmental and Regulatory Services (ERS) and was previously a program manager with the Safety and Buildings Division.
  • Chapters Comm 81 to 87 code update – The plumbing fix-up package goes into effect January 1, 2011. The update includes a new definition of containment tanks that are used and installed in hospitals and health clinics.
  • Forfeitures set for Building Contractor Registration (BCR) – As mandated by 2009 Wisconsin Act 28, the rules relating to Building Contractor Registration (BCR) were strengthened and became effective December 1, 2010. Forfeitures have been set at $250 for first offense, $550 for second offense and $1,000 for third. They apply to individuals who do not hold a BCR and work in the construction trades and to construction businesses that contract with someone who does not hold a BCR.
  • Status of the Department of Safety and Professional Services and of the Safety and Buildings Division – According to the Wisconsin State Journal, Commerce as a department will cease to exist during Governor-elect Scott Walker’s administration. It is unknown what will happen to the Safety and Buildings and ERS divisions.
Elect chair and co-chair
On MOTION (Converse/Crosby) nominated Todd Stair as chair and Dale Dimond as co-chair of the Council. Both had served previously as chair and co-chair and were unanimously re-elected.

Public comment period
As chair, Todd asked for comments from the floor. Members listed the following concerns that they would like to see addressed in the proposed code change:
  • Don Murphy is concerned with the use of lightweight plastic covers, and would like to see the code address locking issues and warning labels.
  • Sue Schambureck discussed several enforcement-related issues including 1) experimental treatment system; 2) the 3-year pumping/inspection requirement; 3) privatizing inspections/evaluations; and 4) revision fees for individual site design plans. She also expressed concern that having private industry do enforcement could be considered a conflict of interest.
  • Todd Stair asked if time-of-sale evaluations would facilitate inventories as mandated by Wisconsin Act 392. Todd also commented on 1) WOWRA certified evaluators, 2) developing a component manual for existing system evaluations, 3) the requirement to have a master plumber license number to advertise and 4) what constitutes a locking cover.
  • Jim Eberhardt’s issues included 1) requirements that define forcemains and performance standards for bedding – insulation, gradient and backfill, and 2) allowing plumbers to maintain, with a proper license, the systems they install.
  • Chris Olson listed three issues: 1) the clean up of section Comm 83.32; 2) grease interceptors; and 3) paperless submittal (“When is the state going to take credit cards?”).
  • Jim Converse would like to continue discussing distribution and drop boxes because several counties are not enamored with drop boxes.
  • Tom Gilbert is involved with POWTS planning at the Department of Natural Resources (DNR). When the Council wants to discuss POWTS maintenance and septage pumping in more detail, he will invite Fred Hegeman from DNR to attend the meeting.
Commerce staff Leroy Jansky’s “wish list” of items that he would like to see included in the proposed code discussion include the following:
  • Develop a set of setbacks for critical slopes.
  • Set minimum septic tank size in the code.
  • Make a change in s. 145.20(4), Stats., that allows county’s to place special assessments so that it is clear an assessment can be placed relative to POWTS maintenance.
  • Review the pressure distribution requirement for POWTS proposed in coarse sand.
  • Eliminate the minimum 2-feet per second velocity in manifold piping because it is not necessary and the requirement causes design concerns.
  • Codify the performance formula that is used for smaller tanks.
Review POWTS materials; discuss code revision suggestions
Roman reviewed with the Council members a 5-page handout that staff had prepared listing possible code revisions compiled since chapter Comm 83 was revised effective October 1, 2008.
In addition, the list contained issues that had been discussed at previous advisory POWTS Advisory Code Council meetings. The Council discussed and assigned these “leftovers” as follows:
  1. Comm 82.40 (8) (b) – Because the setback from water supply piping to a forcemain is not listed, staff receives questions on a regular basis about what is the setback distance. It was suggested to add a footnote in the setback table referencing section Comm 82.40 (8) (b) 8. Other suggestions included a consistent definition for pump discharge line, clarifying Table 83.43-1 and updating the setback chart. Roman and Dale will develop some proposed “clean up” language.
  2. Comm 83.43 (8) (i) and Table 83.43-1 – How much detail should the code provide regarding stormwater components such as detention/retention ponds and other “ponds” and setback distances. Tom will check with the Department of Natural Resources (DNR) about setback distances.
  3. Comm 83.44 (2) (a) and (b) – High-Strength Wastewater (HSW) guidelines were developed and implemented in 2009 to address “domestic” and “high strength” wastewater. Roman will get feedback from staff if the documents are being used and if there is a better way to address the issue.
  4. Comm 83 Appendix – Table 83.34-1 is reprinted in all existing component manuals with asterisks designating high-strength wastewater. Although reluctant to codify, staff is considering expanding the list of potential high-strength wastewater producing uses in the appendix. Jim Converse had volunteered to research the issue when the Council adjourned in 2008. Jim indicated his willingness to revisit this issue and report back.
  5. Comm 84 Miscellaneous – Staff will conduct a routine search to see if national standards have been updated.
Because of 2009 Wisconsin Act 392, the Council must move quickly on proposed rule changes to meet the act’s effective deadlines. The Council asked staff to prioritize the issues that have arisen since the October 1, 2008, code revision. Roman divided the list into No. 1 or critical fixes that will take the Council another couple of meetings to finalize; No. 2 issues that may take another year of research and review; and items that are lower in priority.

The Council reviewed the following No. 1 priorities, some of which are minor technical corrections and clarifications. Staff will develop proposed code language for future discussions.
  • Comm 84.10 (3) (e) 3. – This is a simple code fix that would repeal a code reference to section Comm 83.61 which no longer exists.
  • Comm 83.33 (2) – Another code fix that would change a reference to a new section, Comm 82.22 (7).
  • Comm 83.32 (3) (b) and Note – The proposed code clarification would include changing the code reference to section Comm 82.36 (3) and may cite Table 82.38-1.
  • Periodic POWTS maintenance inspections – When Comm 83 was revised in 2000, the Journeyman Plumber/Journeyman Plumber-Restricted Service (JP/JPRS) were omitted from the maintenance list. On MOTION (Tyler/Converse) the JP/JPRS will be added to the maintenance list in Comm 83.
  • 2009 Wisconsin Act 392 – The act requires modifying chapter Comm 83 language to match the responsibilities and extended deadlines (October 1, 2013 for inventory and October 1, 2015 for the maintenance program) in chapter 145, Wisconsin Statutes. Staff will review the statute language and bring recommendations for the Council to review.
The Council reviewed Roman’s list of No. 2 priorities of proposed code changes:
  • Adjust pressure distribution specifications to address equal distribution and pathogen removal – The Council discussed if code language was needed to address this issue or if it could be handled with specifications in the pressure distribution and mound component manuals. On MOTION (Converse/Olson) the Council recommended that the POWTS Technical Advisory Committee (TAC) review and revise the component manuals to include specifications. (Vote was 10–0 with 1 member abstaining.)
  • Rejuvenation products – The Council discussed developing an administrative code subsection to address plan review, permitting issues and temporary use permits for rejuvenation products. Dale, Chris and Roman will research and develop recommendations for future Council discussion.
  • Tank deterioration issues – Staff asked if a code change or a technical guidance document should be created to address tank deterioration issues. Because the industry is working on tank deterioration issues internally, the Council advised postponing this priority at this time.
The Council reviewed the remaining items, which are lower priority, and made assignments as follows:
  • Retro installation of filters; permit issues – When Dale, Chris and Roman are researching rejuvenation products, they will research retro installation filters and permit issues.
  • Evaluation of existing systems based on code in effect at the time the system was permitted and installed – The Council asked Roman to provide additional information for a more informed discussion and decision.
  • More specific abandonment language for existing POWTS – The Council asked Leroy and Roman to develop a draft for review at future meetings.
  • More detail on piping material used for jobs – Roman recommended developing and including more information on piping material in component manuals.
  • A minimum weight requirement for synthetic fabric – Leroy will research the issue, and a minimum weight will be added to Table 84.30-12.
  • A new chart for wells, stormwater “systems” and horizontal setbacks – Jim volunteered to work on a setback chart. Tom will research DNR code changes for stormwater and wells.
  • Drop boxes – This is an issue in Door County because designers in the county have proposed using drop boxes on sloping sites with coarse soils over fractured bedrock. Jim Converse will contact Door County staff to discuss the issue.
Discuss homework
The Council will provide feedback and continue the discussion of proposed code revisions at its next meeting.

Set next meeting date and adjourn
The Council will meet Wednesday, February 9, 2011, at the City of Madison Fire Station #11. The meeting was adjourned.

Next meeting: The next meeting of the POWTS Advisory Code Council is set for Wednesday, February 9, 2011, at the City of Madison Fire Station #11. Please contact Roman Kaminski at roman.kaminski@wisconsin.gov with questions.


Meeting # 5 – 2008 Code Project, Wednesday, July 25, 2007, Tommy G. Thompson Center - Madison, Wisconsin

Member / Representing: Converse, Jim / UW-Madison (Ex), Crosby, Steve / WBA (P), Dimond, Dale / WCCA (P), Essie, Pat / WPCA (Ex), Gilbert, Tom / DNR (P), O’Connell, Michael / WAPHCC (A), Murphy, Don / WLWCA (P), Olson, Chris / WCCA. (Ex), Schambureck, Sue / WOWRA (Ex), Stair, Todd / WOWRA (P), Tyler, Jerry / UW-Madison (P) Alternates and Guests: Apfel, Rick / WOWRA (P), Cunningham, Brian / WCCA (P)
Commerce Staff: Docken, Lynita / Prog. Mgr., BPD (Ex), Janzen, Matt / WWS., BIS (P), Kaminski, Roman / Prog. Mgr., BPD (P),
Shandorf, Pat / POWTS Plan Reviewer, BIS (Ex)
P/A/Ex/Alt = present, absent, excused, sent alternate.

1. Welcome, Introductions and Commerce Update: Stair called the meeting to order at 9:35 a.m. Kaminski provided a Commerce update regarding the WI Fund issue associated with the Assembly version of the proposed budget. Kaminski also announced that Brian Cunningham has been nominated as an WCCA alternate on the council, that a public hearing will be held on August 14th on a code proposal regarding trace wire and administrative forfeiture and that a new scope statement has been prepared for possible revisions to soil erosion and stormwater management rules.

2. Approval of Progress Report: Progress Report #4 was approved by council members with no revision.

3. Public Input: None was offered.

4. Draft Code Language Review: The primary focus of the meeting was completion of review of the latest version of draft code language. Tyler noted that the role of the homeowner seems to be growing due to the emphasis on POWTS maintenance. Homeowners need information upfront. It was suggested that an informational booklet be developed for distribution, perhaps via the UDC permitting process.

Several members noted that previous code councils and the current one have opposed revising the code to allow alternative maintenance cycles for seasonal properties yet the department proposes to allow alternative maintenance cycles for “occasionally occupied” properties.

Murphy stated that he objects to the department choosing not to follow the council’s recommendation to require a second warning label on access opening covers. This led to a lengthy discussion of safety issues, property owner responsibility and what code language could be substituted for what the department is proposing. During the course of discussion, council members voted to recommend to the department that:
-The draft code package move forward, that treatment section 58 remain as written and that additional guidance regarding what “locking devices” and “other effective measures” is interpreted to mean be developed by the department. [8-Yes, 0- No]

5. Next Meeting, Agenda and Assignments: No future meeting date was scheduled. A future meeting may be scheduled on an “as needed” basis.

6. Adjournment: The meeting adjourned at 1:20 p.m.

[This progress report is subject to approval at a future meeting of the Council.]


Meeting # 4 - 2008 Code Project, Tuesday, April 25, 2007, DATCP Building - Madison, Wisconsin.

Member / Representing: Converse, Jim / UW-Madison Present; Crosby, Steve / Wisconsin Builders Assoc. P; Dimond, Dale / Wisconsin County Code Administrators P; Essie, Pat / Wisconsin Precast Concrete Assoc. Ex; Gilbert, Tom / Wisconsin Department of Natural Resources P; O’Connell, Michael / Wisconsin Assoc. of Plumbing, Heating, and Cooling Contractors A; Murphy, Don / Wisconsin Liquid Waste Carriers Assoc. P; Schambureck, Sue / Wisconsin Onsite Wastewater Recycling Assoc. P; Stair, Todd / Wisconsin Onsite Wastewater Recycling Assoc. P; Tyler, Jerry / UW-Madison P.
Commerce staff: Docken, Lynita (Ex); Janzen, Matt; Kaminski, Roman; Shandorf, Pat.
Alternates and Guests: Ann Gryphan, Essie Kammer Group.

1. Welcome, Introductions and Commerce Update: Stair called the meeting to order at 9:30 a.m. Kaminski provided a Commerce update regarding the hiring of a new POWTS plan reviewer, upcoming changes regarding electronic transmittal and availability of information. Kaminski also announced the resignation of Alison Phillips and nomination of Chris Olson as one of two WCCA representatives on the council. Dimond provided an update on POWTS related discussions during the Spring WCCA conference

2. Approval of Progress Report: Progress Report #3 was approved by council members with one revision. Dimond requested that when council votes are taken that the actual vote tally be listed in the Progress Report.

3. Public Input: A letter from Jack Skaw was distributed to council members. Mr. Skaw would like to see a specific code requirement to protect tank installations from frost damage. Council members declined to take action on this request at this time.

4. Code Revision Suggestion List Review: The primary focus of the meeting was completion of review of remaining items on the issue list and review of draft code language. During the course of discussion, council members voted to recommend to the department that:
-The replacement of a filter (screen) that does not require modifications to a tank should not require the issuance of a state Sanitary Permit. (9-Yes, 0- No, 1-Abstain)
-A formula with a 10% + factor be developed for commercial septic tank sizing and a table be developed for residential septic tank sizing and that all tanks be sized based on a 3 year maintenance cycle (inspection or pumping). (9-Yes, 0-No, 1-Abstain)
-A second label be added to all tank access opening covers to warn against unintentional or accidental entry. The label is to contain wording that alerts the property owner that the cover must be secured and locked and that it is the responsibility of the property owner to insure this is done. (9-Yes, 1-No)
-A table be created that lists soil loading rates developed by Converse that are based on # of BOD/d/100 ft.2. These loading rates are to be used for commercial applications only. (9-Yes, 0-No, 1-Abstain)

5. Next Meeting, Agenda and Assignments: The next meeting will be scheduled at a future date. Meeting location will be the DATCP Building, 2811 Agriculture Drive, Madison, WI. Agenda will include report out of department discussions of council recommendations and review of draft code language.

6. Adjournment: The meeting adjourned at 3 p.m.
[This progress report was approved without revision at the July 25, 2007 meeting of the Council.]

Meeting # 3 - 2008 Code Project, Tuesday, March 6, 2007, DATCP Building - Madison, Wisconsin,

Member / Representing: Converse, Jim / UW-Madison Present; Crosby, Steve / Wisconsin Builders Assoc. Excused; Dimond, Dale / Wisconsin County Code Administrators P; Essie, Pat / Wisconsin Precast Concrete Assoc. Ex; Gilbert, Tom / Wisconsin Department of Natural Resources P; O’Connell, Michael / Wisconsin Assoc. of Plumbing, Heating, and Cooling Contractors P; Murphy, Don / Wisconsin Liquid Waste Carriers Assoc. Ex; Phillips, Alison / Wisconsin County Code Administrators P; Schambureck, Sue / Wisconsin Onsite Wastewater Recycling Assoc. P; Stair, Todd / Wisconsin Onsite Wastewater Recycling Assoc. P; Tyler, Jerry / UW-Madison EX.
Commerce staff: Docken, Lynita (Ex); Janzen, Matt; Kaminski, Roman; Shandorf, Pat (Ex).
Alternates and Guests: Olson, Chris / Door County; Brian Cunningham, Sauk County; Lara Pagel, Waupaca County; Ann Gryphan, Essie Kammer Group.

1. Welcome, Introductions and Commerce Update: Meeting was called to order at 9:30 a.m. Stair welcomed the members, asked that everyone introduce themselves to new attendees. Kaminski provided a Commerce update regarding the release of the two new POWTS component manuals.

2. Approval of Progress Report: Progress Report #2 was approved by council members without revision.

3. Public Input: Brian Cunningham and Lara Pagel gave presentations on how their counties implemented maintenance reporting programs focusing on the process involved and lessons learned.

4. Code Revision Suggestion List Review: The primary focus of the meeting was on maintenance programs. Council members voted to recommend to the department that:
-Within 5 years of code adoption all counties are to implement and operate a maintenance program that includes all POWTS within their jurisdictional area. This program is to include an enforcement process. (5-Yes, 2-No)
- Within 2 years of code adoption all counties will complete an inventory of all properties within their jurisdictional area that contain a POWTS. (5-Yes, 2-No)
- Within 5 years of code adoption all counties will develop a program for evaluating existing POWTS at the time of real estate transfer including a determination of failure as defined in s. 145.245, Wis. Stats. (7-Yes, 0-No)

5. Next Meeting, Agenda and Assignments: The next meeting is scheduled for Wednesday April 25, 2007 in the Boardroom, DATCP Building, 2811 Agriculture Drive, Madison, WI. Agenda will include further review of the suggestion list, code draft language and report out of assignments postponed from previous meetings.

6. Adjournment: The meeting adjourned at 3 p.m.


Meeting # 2 - 2008 Code Project, Thursday, January 18, 2007, DATCP Building - Madison, Wisconsin,

Member / Representing: Converse, Jim / UW-Madison Present; Crosby, Steve / Wisconsin Builders Assoc. P; Dimond, Dale / Wisconsin County Code Administrators P; Essie, Pat / Wisconsin Precast Concrete Assoc. Excused; Gilbert, Tom / Wisconsin Department of Natural Resources P; O’Connell, Michael / Wisconsin Assoc. of Plumbing, Heating, and Cooling Contractors Ex; Murphy, Don / Wisconsin Liquid Waste Carriers Assoc. P; Phillips, Alison / Wisconsin County Code Administrators P; Schambureck, Sue / Wisconsin Onsite Wastewater Recycling Assoc. P; Stair, Todd / Wisconsin Onsite Wastewater Recycling Assoc. P; Tyler, Jerry / UW-Madison P.
Commerce staff: Docken, Lynita (Ex); Janzen, Matt; Kaminski, Roman; Shandorf, Pat;
Alternates and Guests: Olson, Chris / Door County
P/A/Ex/Alt = present, absent, excused, sent alternate.

1. Welcome, Introductions and Commerce Update: Meeting was called to order at 9:30 a.m. Kaminski welcomed the members, asked that everyone introduce themselves to new attendees and provided a Commerce update regarding status of component manual revisions and personnel changes.

2. Approval of Progress Report: Progress Report #1 was approved by council members without revision.

3. Public Input: Correspondence from Waushara County Zoning Office staff and Elaine Jakusz, Portage County property owner was read into the record.

4. Code Revision Suggestion List Review: The suggestion list was re-visited by council members. Two issues were added to the list. Decisions made at the Oct. 25, 2006 meeting were re-affirmed. Draft code language developed based on comments received at the Oct. 25, 2006 meeting was reviewed and commented on. Report outs on assignments were made by council members.

5. Next Meeting, Agenda and Assignments: The next meeting is scheduled for Tuesday March 06, 2007. Meeting location will be the Boardroom, DATCP Building, 2811 Agriculture Drive, Madison, WI. Agenda will include further review of the suggestion list, code draft language and report out of assignments which include:
a. How counties are handling setbacks from stormwater “ponds” – Dimond
b. Continue research on how to address higher strength wastewater – Converse, et.al
c. Discuss plan revisions with counties – Kaminski

6. Adjournment: The meeting adjourned at 2:30 p.m.
(These minutes are subject to approval at a future meeting of the Council.)


Meeting number 1, 2008 Code Project, Wednesday, October 25, 2006, Department of Ag, Trade, and Consumer Protection Building, Madison, Wisconsin

Attendees: Converse, Jim; Crosby, Steve; Janzen, Matt; Dimond, Dale; Kaminski, Roman; Essie, Pat; Gilbert, Tom; Murphy, Don; Haukom, Bruce; Phillips, Alison; Simes, Jeff; Schambureck, Sue; Stair, Todd;

1. Welcome, Introductions and Commerce Update: Meeting was called to order at 9:30 a.m. Kaminski welcomed the members, asked that everyone introduce themselves and provided a Commerce update regarding the code revision process.

2. Public Input: Bruce Haukom, Jefferson County, addressed the council regarding his concerns about POWTS maintenance reporting. He distributed a handout of an email message from Dave Mundigler, Racine County, regarding the same issue.

3. Election of Officers: Todd Stair elected Chair, Dale Dimond elected Vice-Chair

4. Code Revision Suggestion List Review: The suggestion list was reviewed for clarity of the issues listed. council members were given an opportunity to add to the list. They provided input whether they agreed issues should be worked on, delayed for a future council meeting or dropped. Several assignments regarding specific issues on the suggestion list were accepted by individual council members and Commerce staff.

5. Next Meeting, Agenda and Assignments: The next meeting is scheduled for Thursday January 18, 2007. Meeting location will be Room 172 DATCP Building, 2811 Agriculture Drive, Madison, Wisconsin. Agenda will include further review of the suggestion list and report out of assignments.

6. Adjournment: The meeting adjourned at 2:45 p.m.

Submitted by: Roman A. Kaminski, Program Manager. This summary is subject to approval at a future meeting of the council.

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