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Potential Dangers of Installing, Cleaning Sewer and Water Laterals
SB 498 Passes, Second Legislative Victory This Session
By Jeff Beiriger, CAE
PHCC Wisconsin – Government Relations Advisor

Plumbers in Minnesota received a letter not long ago that explained that cleaning out a sewer could be potentially fatal to you and to your customers.  The letter came nearly two years after a series of explosions rocked the industry, with several of the accidents resulting in significant damage to property and people.

When we learned that the same situation existed in Wisconsin, we quickly took action. 

As licensed plumbers and plumbing contractors, we go to great lengths to continue to upgrade our education.  We do this because codes and technology change.  And it is a change in technology that created this situation – directional drilling/boring.  Although common today, it wasn’t when the Digger’s Hotline requirements were created ten years ago.   

Most assume that every precaution is already being taken to locate and avoid buried utilities because we all know to, “Call before you dig.”  But when Digger’s Hotline was created, sewer and water laterals were exempted.  These laterals, unlike other utilities, are not “owned” by the utility between the main and the structure on the property.  Instead, they belong to the property owner who is exempted from the requirement to be part of the Digger’s Hotline system.  The result is a breach in our safety system – one that is discovered only when an accident occurs.

Our association and others have been working hard this legislative session to bring industry issues to the legislature.  We were successful in getting Assembly Bill 750 passed to address the enforcement of unlicensed plumbing in our state and now we have a second success! 

On May 4, Senate Bill 498, a bill developed by the Wisconsin Underground Contractors Association and actively supported by the Plumbing Heating Cooling Contractors Association of Wisconsin; Plumbers Local 75, the Wisconsin Pipe Trades, and other labor unions; and several large public utilities, was unanimously approved by the State Assembly and State Senate.  Senator Joe Liebham (Sheboygan) and Representative Steve Nass (Palmyra) were instrumental in getting the bill passed. 

Signed by Governor Doyle on May 19 as Wisconsin Act 425, the new law requires tracer wire on all new installations (effective 1/1/07) of sewer and water laterals.  For existing laterals, the bill will require that sewer and water utilities either mark the laterals in the public right-of-way or provide documents (plans, permits, as-built drawings) that would assist the excavator in finding the laterals.

Even with SB 498 as law, we still can’t account for all of the laterals that may already have already been damaged.  Somewhere in Wisconsin, there is an accident waiting to happen – unless you act to prevent it.

Also, keep in mind that this law only deals with tracers and locating of sewer and water laterals where there is a municipal system.  Private sewage and water systems are not affected by this legislation.  The potential for these services to be bisected is also very real and the industry will need to consider pursuing similar legislation that addresses private systems which, at a minimum, requires tracer wires on all new installations. 

Over the next several months, the rules related to the installation of tracer wire will be developed, largely through input of the plumbing industry and those familiar with various materials and methods available for tracing sewer and water laterals.  You can expect continuing education programs for contractors and plumbers to follow when the development of the rule has been completed.

As an association and as an industry, we are committed to the public’s health and safety and believe that to honor that commitment we must continue to support the use of licensed plumbers and plumbing contractors, permits, codes, inspection, and enforcement.  Your continued support of our efforts to do that is critical to our success. 

Please encourage others to join our efforts by encouraging them to join our association.  Amazingly, with each member getting just one new member a year, an organization of 100 can grow to more than 500 in just three years!  As a member already, it costs you nothing but the time to ask and to ask again, but the return on your investment of time is significant.  We’re preparing for the next session, but there’s nothing you can do to help us to be prepared than to use the momentum of this session to build our association.  Can we do more for you in Madison with 200, 400, or 500 members?  The answer is a resounding, YES!