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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.
--------------------------------------
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.
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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:
-
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.
-
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.
-
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.
-
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.
-
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.
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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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