CHAPTER 22 - PRIVATE SEWAGE SYSTEMS

Transcription

1 Chapter 22- DRAFT Plain text is existing text in county ordinance and no changes proposed. Lined out text is existing ordinance text that will be eliminated. Underlined text is new changes or mandated language. CHAPTER 22 - PRIVATE SEWAGE SYSTEMS SECTION INTRODUCTION Statutory Authority Purpose Repeal and Effective Date Severability and Liability Interpretations Definitions SECTION GENERAL REQUIREMENTS Compliance Incorporation of Provisions by Reference Applicability Limitations Abandonment of Private Sewage Systems Page 1

2 SECTION PERMITS AND APPLICATIONS Soil and Site Evaluation Sanitary Permits Application Requirements Plans Permit Cards Permit Expiration Transfer of Ownership Change of Plumbers Permit Denial Reconnection Construction Affecting Wastewater Flow or Contaminant Load Construction Not Affecting Wastewater Flow or Contaminant Load Privies and Portable Restrooms Permit Fees SECTION INSPECTIONS General Inspections of Non State Approved Product Approval Site Constructed Holding Tanks Inspections of Nonplumbing Sanitary Systems Inspections; mound and at-grade systems Inspections; sand filters. Page 2

3 Experimental and Other Systems not recognized by COMM SPS Reinspection Testing SECTION SYSTEM MANAGEMENT AND MAINTENANCE Maintenance and Management Septic Tank Maintenance Program Holding Tank Maintenance Agreement SECTION ADMINISTRATION AND ENFORCEMENT Administration Zoning Administrator Duties and Responsibilities Appeals of Administrative Decisions Violations and Penalties SECTION WISCONSIN FUND County Authority and Responsibility Maintenance Requirements Page 3

4 SECTION INTRODUCTION STATUTORY AUTHORITY. This chapter is adopted pursuant to the authorization in 59.70(1), 59.70(5), , , , and , Wis. Stats PURPOSE. This chapter is adopted to promote and protect public health and safety by assuring the proper siting, design, installation, inspection and management of private sewage systems and nonplumbing sanitation systems, including private on-site waste treatment systems (POWTS) REPEAL AND EFFECTIVE DATE. This chapter shall be effective following adoption by the County Board, and publishing as required by law. The existing sanitary provisions for the County shall be repealed on the effective date of this chapter SEVERABILITY AND LIABILITY. Should any section, clause, provision or portion of this chapter be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. This chapter shall not create a liability on the part of or a cause of action against the County or any employee thereof for any private sewage system which may not function as designed. There shall be no liability or warranty for any site which is approved or denied. The issuance of a sanitary permit and the final inspection of such a system do not warrant the system's function, nor is there a guarantee that the system is free of defects or that all aspects of the system comply to Wisconsin Statutes or administrative code requirements INTERPRETATIONS. The provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes and related administrative codes DEFINITIONS. The following words, terms, and phrases, wherever they occur in this chapter, shall have the meanings ascribed to them in this section: BUILDING. A structure or part of a structure built, maintained, or intended for the shelter or enclosure of persons, animals, or property, excluding pet houses and children's playhouses. CERTIFIED SOIL TESTER - MORPHOLOGICAL EVALUATOR (CSTM). A person licensed as a certified soil tester, pursuant to Wis. Stat , by the State of Wisconsin, or other persons deemed qualified by the Wisconsin Department of Commerce. COMPOSTING TOILET SYSTEM. A method that collects, stores, and converts by bacterial digestion non liquid-carried human wastes or organic kitchen wastes, or both, into humus. CONVENTIONAL PRIVATE SEWAGE SYSTEM. A private sewage system consisting of a septic tank and an in-ground soil absorption component with gravity distribution of effluent. COUNTY. The County Authority; The Lincoln County Zoning Land Services Department. COUNTY SANITARY PERMIT. A permit issued by the County for the establishment or reconnection of a private sewage system or for the installation of a nonplumbing sanitation system, pursuant to 9.70 and , Wis. Stats. Page 4

5 DWELLING. A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds. FAILING PRIVATE SEWAGE SYSTEM. "Failing private sewage system" has the meaning specified under (4), Wis. Stats., and also includes a holding tank which discharges sewage to the ground surface, including intentional discharges and discharges caused by neglect. HOLDING TANK. A water tight reservoir, tank or vessel, which receives crude, raw or untreated sewage for the purpose of storage before it can be removed for treatment or disposal in method and location approved by law. The holding tank shall be constructed according to minimum guidelines established by law or regulation. HUMAN HABITATION. The act of occupying a building as a dwelling or sleeping place, whether intermittently or as a principal dwelling. IN SITU SOIL. Soil that is naturally formed or deposited in its present location or position and includes soil material that has been plowed using normal tillage implements and depositional material resulting from erosion or flooding. INCINERATING TOILET. A self-contained device for the treatment of non-liquid carried wastes that deposits the wastes directly into a combustion chamber, reduces the sold portion to ash and evaporates the liquid portion. LAND SERVICES ADMINISTRATOR. The person authorized and charged by Lincoln County with the administration of this chapter. LOT. A parcel or tract of land defined by metes and bounds, certified survey, recorded subdivision plat, or other means of description recorded with the Register of Deeds and separated from other lots by such description. MODIFICATION IN WASTEWATER FLOW OR CONTAMINANT LOAD. A modification in wastewater flow or contaminant load shall be considered to occur in public buildings, facilities or places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system. NONPLUMBING SANITATION SYSTEM. Sanitation systems and devices within the scope of COMM SPS 391, Wis. Adm. Code, which are alternatives to water carried waste plumbing fixtures and drain systems; including, but not limited to, incinerating toilets, composting toilets, portable restrooms and privies. OCCUPANCY. Pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors. PLUMBER. A person licensed by the State as a Master Plumber or Master Plumber-Restricted Service. PORTABLE RESTROOM. A self-contained portable unit that includes fixtures, incorporating holding tank facilities, designed to contain human excrement. Pursuant to this Ordinance refers to an approved product for the use within the scope of ch. SPS 391 Wis. Adm. Code that is a self-contained portable unit that includes fixtures incorporating holding tank facilities, designed to contain human waste and/or excrement. PRIVATE SEWAGE SYSTEM. Also referred to as a "Private On-Site Wastewater Treatment System" or "POWTS", having the meaning given under (12), Wis. Stats. PRIVY. An enclosed nonportable toilet into which nonwater-carried human wastes are deposited. PRIVY, PIT. A privy with a subsurface storage chamber which is not watertight. An enclosed non-portable toilet with a subsurface storage chamber that consists of earthen sides and/or bottom that is not watertight, into which non-water carried human wastes and/or excrement are deposited and is not connected to a any type of water plumbing system Page 5

6 PRIVY, VAULTED. A privy with a subsurface storage chamber that is watertight. An enclosed non-portable toilet with a subsurface watertight storage chamber, into which non-water-carried human wastes and/or excrement are deposited and is not connected to any type of water plumbing system. Pursuant to this Ordinance is considered a Non-plumbing Sanitation System. PUBLIC SANITARY SEWER SYSTEM. All facilities of a public utility or sanitary district with taxing authority for collection, transporting, storing, pumping, treatment and final disposition of sewage. RECREATIONAL VEHICLE TRANSFER CONTAINER. A type of a sanitary holding tank on the Wisconsin approved product list that is used to collect and hold wastewater discharges generated by an individual camping trailer/unit or recreational vehicle. SANITARY PERMIT. A County Sanitary permit, a State Sanitary permit, or both. SEPTIC TANK. An anaerobic treatment tank. A POWTS anaerobic treatment component that consists of a reservoir or water tight tank or appropriate material which receives raw sewage and by bacterial action and sedimentation effects a process of clarification and decomposition of solids. SOIL AND SITE EVALUATION APPLICATION. An application submitted for the purpose of requesting county verification of a Soil and Site Evaluation Report. STATE. The Wisconsin Department of Commerce (COMM) Safety and Professional Services (DSPS). STATE SANITARY PERMIT. A permit on a standard State application form that is issued by the County for the installation or modification of a private sewage system, pursuant to and , Wis. Stats and SPS , Wis. Adm. Code,. STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting fences, public utility fixtures and their appurtenances, paved surfaces outside of the shoreland zone, gardens, garden accessories, children's playhouses, fountains, sun dials, seasonal decorations, yard lights, flag poles, walkways, at-grade patios, play equipment, signs not requiring a zoning permit under Section (1) of the Lincoln County Code of Ordinances, tree houses, basketball courts, tennis courts, pet houses or private kennels for 2 or fewer domestic animals, whirlpools, saunas, agricultural drainage systems, piers, docks, and walkways built on pilings. WIS. ADM. CODE. Abbreviation for Wisconsin Administrative Code, which are the rules of the administrative agencies having rule-making authority in Wisconsin, most recently published. WISCONSIN STATUTES [WIS. STATS.]. The laws of the State of Wisconsin as adopted by the state legislature, most recently published. ZONING ADMINISTRATOR. The person authorized and charged by Lincoln County with the administration of this chapter. ZONING PERMIT. A permit issued by the Zoning Land Services Administrator for construction and modifications of structures and other improvements as described in Section (1) of the Lincoln County Code of Ordinances. Page 6

7 SECTION GENERAL REQUIREMENTS COMPLIANCE. (1) All structures or premises in the County that are permanently or intermittently intended for human habitation or occupancy, which are not serviced by public sanitary sewer service, shall have a system for holding or treatment and dispersal of sewage and wastewater which complies with the provisions of this chapter. (2) The private sewage system or nonplumbing sanitation system for newly constructed structures or structures requiring a sanitary permit for reconnection under this chapter shall be installed, inspected, and approved before the structure may be occupied INCORPORATION OF PROVISIONS BY REFERENCE. This chapter incorporates by reference the following rules, regulations, and laws, as set forth in Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction, and use of private sewage systems: 59.70(5) and Chs. 145, and , Wis. Stats.; COMM SPS and DHS , COMM SPS 381, COMM SPS 382, COMM SPS 383, COMM SPS 384, COMM SPS 385, COMM SPS 391, NR 112, NR 113 and NR 116, Wis. Adm. Code. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered APPLICABILITY. The requirements of this chapter shall apply to all geographic areas of the County LIMITATIONS AND ALLOWABLE USES. (1) All domestic wastewater shall enter a public sanitary sewer system or a private sewage system, unless otherwise exempted by the State or this chapter. (2) A nonplumbing sanitation system may be permitted only when the structure or premises served by the nonplumbing sanitation system is not provided with an indoor plumbing system. If plumbing is installed in the structure or water under pressure is supplied to the structure, an acceptable method of sewage disposal other than, or in addition to, a nonplumbing sanitation system must be provided. (3) Any private sewage system, or portion(s) thereof, installed within a floodplain shall comply with all applicable requirements of NR 116, Wis. Adm. Code, and with Chapter 20 of the Lincoln County Code of Ordinances (Floodplain Zoning Code). (4) When a failing private sewage system or non-plumbing sanitation system is identified, it shall be brought into compliance with current code requirements, replaced with a code compliant system, or its use discontinued within a period of time required by County order. Such an order shall not grant a period that exceeds one year. (5) Unlawfully modified private sewage systems, a private sewage system that has sewage bypassed or a holding tank which is discharging untreated or partially treated sewage into the ground, onto ground surface or into surface waters may be ordered by the Department to be corrected or replaced with a code compliant system. (6) Portable Restroom use is allowed upon issuance of an Sanitary Permit (non-plumbed) which is an annual sanitary permit requiring annual renewal or re-issuance. A Sanitary Permit (non-plumbed) is not required when the proposed placement on a parcel will not exceed thirty (30) days or for construction site, commercial or public uses. The Portable Restroom must be a state approved product for the use and the pumping, transportation, and disposal of the contents shall be in accordance with ch. NR 113 and shall be maintained pursuant to this Ordinance. (7) Recreational Vehicle Transfer Containers are prohibited unless they are located within a campground permitted by the Lincoln County Health Department. Recreational Vehicle Transfer Container is allowed upon issuance of an Lincoln County Camper Unit Transfer Container Sanitary Permit that shall Page 7

8 require annual renewal or reissuance. The servicing of Camper Unit Transfer Containers as to pumping, transporting and disposal of the contents shall be in accordance with ch. NR 113 and shall be maintained pursuant to this ordinance. (a) The Recreational Vehicle Transfer Container must be a State Approved Product for the use with a capacity not to exceed three hundred (300) gallons limited to servicing one recreational vehicle per container. The container shall be installed under the recreational vehicle when ever possible or placed no more than 12 inches horizontally from the camper unit body recessed into the finish grade no more than 4 inches with adequate anchoring to prevent flotation and provisions made to protect the unit from physical damage ABANDONMENT OF PRIVATE SEWAGE SYSTEMS (1) The components of an existing private sewage system that are not part of the approved design of a replacement system shall be abandoned at the time of the installation of the replacement system by the plumber installing the system. The abandonment shall comply with SPS 383, Wis. Adm. Code. SECTION PERMITS AND APPLICATIONS SOIL AND SITE EVALUATION. (1) Soil and site evaluations shall be done prior to the issuance of permits as specified in COMM SPS 383, COMM SPS 385 and COMM SPS 391, Wis. Adm. Code. (2) Soil test pits shall be constructed which allow adequate visual observation of the soil profile in place. Auger borings may also be used if uniform soil conditions exist as evidenced by one detailed morphological profile description of a soil test pit. Soil and Site Evaluation Reports must comply with SPS 385, Wis. Adm. Code. for the issuance of a new or replacement sanitary permit. Soil test pits shall be constructed pursuant to SPS 385, Wis. Adm. Code to allow adequate visual observation of the soil profile in place. (3) County verification of a Soil and Site Evaluation Report (soil test) may be necessary to determine the suitability of a lot for a private sewage system, if deemed necessary. This verification will be made at the discretion of the Zoning Administrator and will be made prior to the issuance of the sanitary permit. This verification will result in one of the following: (a) Issuance of the permit, provided all information on the application is correct and complete. (b) Establishment of a file indicating site suitability. (c) Holding the application pending clarification of information or new information by the owner, the plumber, or the certified soil tester. (d) Denial of the permit if the site does not meet all the provisions of this chapter and appropriate Wisconsin Statutes and administrative codes. (3) County review and verification of a Soil and Site Evaluation report shall be necessary to determine the suitability of a lot for a POWTS. This review and verification will be made prior to the issuance of the sanitary permit. The verification will be filed with the sanitary permit or in a separate file if no sanitary permit has been issued. (4) A Soil and Site Evaluation Report signed as original by the Certified Soil Tester (CST) conducting the evaluation, must be submitted to the Zoning Department. The report format must comply with SPS (2) and pages must be numbered to identify entire report contents. Reports shall be filed on State approved forms. (5) In addition to minimum requirements in SPS (3), the soil and site evaluation report must provide a site plan that contains the following information: (a) A site plan drawn to scale, in addition to the legal description, indicating nearest road(s) for access. The drawing must be fully dimensioned and/or scaled for; property features, soil dispersal, and/or treatment area. If the entire property is too large to fit on the page at the accepted scale, the nearest road and/or lot lines may be indicated with a broken line for measured distances from the tested area. Page 8

9 (b) A benchmark must be established within a line of sight to the soil tested area. The benchmark must be identified by a description of the benchmark used. (e.g. lot stake or PVC pipe) The measured distance to the benchmark location must be included on the scale drawing. (c) Soil pit and/or boring locations must have a ground surface elevation and horizontal reference to the benchmark and/or lot lines. Distances between pit and/or borings must be sufficient to allow adequate square footage for installation of a soil absorption dispersal area appropriate for the soil application rates encountered on the site. (d) Ground surface contour lines at appropriate intervals should extend beyond the perimeter of the soil-tested area to indicate surface features affecting the size and orientation of a treatment or dispersal system. (e) Location of easements, floodplain, wetland and surface water features must be shown; if available at the time the soil evaluation report is prepared. (6) Soil and Site Evaluation Reports that do not contain all required information will not be accepted for permitting purposes by the Land Services Department and therefore cannot be used to design a POWTS. (7) Review and acceptance of the Soil and Site Evaluation Report by the Land Services Department cannot guarantee the data will be accurate for installation of a POWTS system. The CST and/or POWTS installer may request field verification of site conditions and/or soil profile descriptions if a determination is needed. (8) Soil and Site Evaluation Reports that have been accepted will remain on file in the Land Services Department SANITARY PERMITS. (1) Every new and reconnected private sewage system or nonplumbing sanitation system shall require a separate application and sanitary permit. (2) A sanitary permit shall be obtained by the property owner, or by his or her agent or contractor in the name of the property owner, prior to the installation, establishment or construction of any structure which requires a private sewage system or nonplumbing sanitation system. Any property owner, his agent or contractor, who starts construction prior to obtaining a sanitary permit is in violation and may be subject to citation or other enforcement action under Section (3) A sanitary permit shall be obtained by the property owner, or by his or her agent or contractor in the name of the property owner, before any private sewage system or part thereof may be installed, replaced, reconnected or modified, except that a sanitary permit is not required for the addition of manhole risers to a tank or for the replacement of manhole covers, manhole risers, baffles, filters or pumps. following replacement or minor repair items: manhole covers, manhole risers, septic tank baffles, effluent pups and related controls or wiring, installation of effluent filters or other component(s) as determined by the department. (4) A County Sanitary Permit shall be obtained prior to constructing or installing a nonplumbing sanitation system and for reconnections as outlined in Section A nonplumbing sanitary agreement shall be signed prior to the issuance of a sanitary permit for a privy or other nonplumbing sanitary system. (5) If any part of a private sewage system has failed or requires replacement or modification, the entire system shall be evaluated for compliance with existing codes prior to sanitary permit issuance. This shall include a Soil and Site Evaluation Report for those components that utilize in situ soil for treatment or dispersal, unless a valid report is already on file with the County. If any part of the system is found to be defective or not in conformance with the applicable provisions of this chapter, the sanitary permit application shall include specifications for the repair, renovation, replacement or removal of that part. (6) A zoning permit for a new habitable structure, under the provisions in Section of the Lincoln County Code of Ordinances, shall not be issued until a sanitary permit has been issued to serve the structure. (7) A property owner(s) wishing to place a Portable Restroom on a property shall complete a Sanitary Permit (non-plumbed) application with a detailed plot plan pursuant to section depicting the Portable Restroom location with servicing access details. The applicant shall provide as part of an Page 9

10 application the Portable Restroom manufactures State product approval and a Management Plan with a servicing contract from a licensed provider for the duration of use or placement. (8) A property owner(s) wishing to place a Recreational Vehicle Transfer Container on a property shall complete a County Sanitary Permit application with a detailed plot plan pursuant to Section depicting recreational vehicle location and servicing access with Transfer Container setback or exposure from the Camper Unit body and how it is to be anchored and protected from physical damage. The applicant shall provide as part of an application the Recreational Vehicle Transfer Container manufacture s State product approval and a Management Plan with a servicing contract from a licensed provider for the duration of use or placement APPLICATION REQUIREMENTS. (1) A sanitary permit application shall be submitted electronically utilizing the contracted service provider, Carmody Data Systems, Inc. or any other vendor approved by the county and in accordance with the instructions provided at that site to the Land Services Department. Only licensed individuals who have received a user name and password may submit applications for a private onsite waste treatment system. Such application shall include the following information, which shall be furnished by the applicant: (a) Names and addresses of the applicant, property owner of the site, agent (when applicable), and the plumber employed (when applicable). (b) Legal description of the subject site and the parcel identification number. (c) All lot dimensions. (d) Driving directions to the site, or site address. (e) Building use (single-family, duplex, etc.). (f) Soil and Site Evaluation Report (soil test). (g) System plans (see Section ). (h) Appropriate agreements and contracts for system management and maintenance. (i) (j) Verification that any existing private sewage systems on the same lot are not failing private sewage systems. Copies of any documents required in Section (3) and verification that they have been recorded. (k) A copy of any documents required by the State related to the private sewage system. (l) Any other information required by the County, including verification of compliance with Section (11) of this chapter. (m) The required review fee, as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee. (2) Sanitary permit applications for pit privies shall also be accompanied by soil data provided by a Certified Soil Tester to determine compliance with COMM SPS 391, Wis. Adm. Code. (3) The following documents must be recorded with the Lincoln County Register of Deeds prior to sanitary permit issuance, if applicable: (a) Maintenance agreements or contracts, if recording is required by COMM SPS 383, Wis. Adm. Code, or Section of this chapter. (b) If a private sewage system, or parts thereof, are located on a different lot than the structure served, an appropriate easement or combined lot affidavit. (c) If a private sewage system serves more than one structure under different property ownership, a document identifying all parties who have property ownership rights and who are responsible for the operation and maintenance. Page 10

11 (d) If a private sewage system is owned by a party other than the property owner of the lot on which it is installed, a document identifying the owner of the system, the structures to be served by the system, and the party responsible for operation and maintenance. (e) If the design wastewater flow of a private sewage system for a dwelling is not based upon the number of bedrooms within the dwelling, a deed restriction limiting occupancy to that used in the design. (4) The County reserves the right to require floodplain and/or wetland delineations for a building site or proposed private sewage system area prior to sanitary permit issuance. The County may require elevations on plans to be tied to floodplain elevation datum. (5) The County reserves the right to refuse incomplete or incorrect permit applications or to delay permit issuance until corrected or completed applications are received PLANS. System plans shall be submitted for approval to the County or to the State in accordance with COMM SPS 383, Wis. Adm. Code. Plans shall comply with the requirements of COMM SPS 383, Wis. Adm. Code, and this chapter. (1) If plans are reviewed and approved by the State, at least one set of the plans submitted to the County shall bear an original State approval stamp or seal. (2) Plans submitted shall be clear, legible and permanent copies. (3) Plans submitted electronically or on paper shall comply with COMM SPS 383 (including Table ), Wis. Adm. Code, and include the following: (a) The name of the property owner and the legal description of the site. (b) Estimated daily wastewater flow and design wastewater flow. (c) A detailed plot plan (site plan), dimensioned or drawn to scale, on paper no smaller than 8½ inches by 11 inches in size. The plot plan shall delineate the lot size and the location of all existing and proposed private sewage system components; building sewers; private interceptor main sewers; wells; water mains or water services; buildings; lot lines; swimming pools; navigable waters; floodplains; wetlands; and the benchmark established on the Soil and Site Evaluation Report. Adjoining properties shall be checked to insure that the horizontal setback parameters in COMM SPS , Wis. Adm. Code, are met. All separating distances and dimensions shall be clearly shown on the plot plan. (d) Details and configuration layouts depicting how the system is to be constructed. (e) A description of a contingency plan in the event the proposed private sewage system fails and cannot be repaired (see Section (4)). (f) Sufficient supporting information to determine whether the proposed design, installation and management of the proposed private sewage system or modification to an existing system comply with this chapter. (4) Plans shall be signed or sealed as specified in COMM SPS 383, Wis. Adm. Code. (5) A copy of the approved plans shall be maintained at the construction site until the private sewage system installation is completed, inspected and accepted. The plans shall be made available to the County or the State upon request. (6) A modification to the design of a private sewage system which has been previously approved shall be submitted to the County or the State as specified in COMM SPS 383, Wis. Adm. Code. Plan revisions must be approved prior to system installation. A fee may be charged when submitting revised plans, as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee PERMIT CARDS. Page 11

12 (1) The permit card issued by the County to the property owner or his agent shall serve as the sanitary permit. (2) The permit card shall contain all the information required by , Wis. Stats. (3) The permit card shall be displayed at the site in such a manner that it will be visible from a road abutting the lot during all construction phases. (4) The permit card may not be removed until the private sewage system has been installed, inspected, and approved by the County. (5) Failure to display the permit card shall be considered a violation of this section and may subject the property owner, his or her agent or contractor, or both, to citation or other enforcement action PERMIT EXPIRATION. (1) A sanitary permit for a private sewage system or nonplumbing sanitation system which has not been installed, modified or reconnected and approved shall expire 2 years after the date of issuance. (2) A previously issued sanitary permit may be renewed one time for an additional one year following a written application to the County by the property owner, or by his or her agent or contractor, prior to the expiration date of the original permit. The fee for the renewal of a sanitary permit shall be as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee. The renewal shall be based on ordinance requirements in force at the time of renewal. Changed ordinance requirements shall apply to the renewal. The property owner, or his or her agent or contractor, shall receive a new card when the permit is renewed. (3) All sanitary permits issued prior to the effective date of this chapter shall expire 2 years from the date of issuance unless renewed. (4) A new sanitary permit shall be obtained by the property owner or his agent prior to beginning construction, if a sanitary permit has expired TRANSFER OF OWNERSHIP. Transfer of ownership of a property for which a valid sanitary permit exists shall be subject to the following: (1) The applicable State transfer form submitted to the County. (2) Continued display of a sanitary permit card until the private sewage system has been installed, inspected, and approved by the County. (3) Transfer of property ownership shall not affect the expiration date unless a renewal is also requested. (4) A fee may be charged for transfer of property ownership, as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee CHANGE OF PLUMBERS. (1) When an property owner wishes to change plumbers, it will be necessary for the plumber to furnish the County with the applicable transfer form signed by the new plumber. (2) The transfer of sanitary permits shall take place prior to the installation of the private sewage system. (3) Sanitary permits for systems requiring State plan approval shall not be transferred to a different plumber unless the plan bears the stamp of an architect or engineer, plumbing designer, or a State level approval is obtained by the new plumber. (4) A fee may be charged for a change of plumbers, as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee PERMIT DENIAL. When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code, or this chapter have not been complied with when applying for a sanitary permit, the permit shall be denied. Reasons for the Page 12

13 denial shall be forwarded to the plumber, land property owner and, when appropriate, State Department of Commerce Safety and Professional Services representatives RECONNECTION. (1) A County sanitary permit for reconnection shall be obtained prior to: (a) Construction of a structure to be connected to an existing private sewage system; (b) Disconnection of a structure from an existing private sewage system and connection of another structure to the system, except as permitted in Section (4); or (c) Rebuilding a structure that is connected to a private sewage system. (2) Prior to issuing a sanitary permit for reconnection, the existing private sewage system shall be examined to: (a) Determine if it is functioning properly and whether it is a failing system. (b) Determine if it will be capable of handling the proposed wastewater flow and contaminant load from the building to be served. (c) Determine that all minimum setback requirements of COMM SPS 383, Wis. Adm. Code, will be maintained. (3) Application for a County sanitary permit for reconnection shall be done electronically as described under State Sanitary Permit submittal requirements in Section above and include the following: (a) All items in Section (1)(a) (e) and (i) (k); (b) For all systems that utilize in situ soil for treatment or disposal, a Soil and Site Evaluation Report verifying that the vertical separation distance between the infiltrative surface of the existing treatment or dispersal component and estimated high groundwater elevation and bedrock complies with COMM SPS 383, Wis. Adm. Code, unless a valid report meeting these criteria is on file with the County; (c) A report provided by a licensed plumber, certified septage servicing operator or a POWTS inspector relative to the condition, capacities, baffles and manhole covers for any existing treatment or holding tanks; (d) A report provided by a licensed plumber or POWTS inspector relative to the condition and capacities of all other system components and verifying that the system is not a failing system; (e) A plot plan prepared by a plumber including information specified in Section (3)(c); and (f) Complete plans, as specified in Section , for any system components which will be modified or replaced. (g) Reconnection to existing holding tanks may require a new servicing contract and a new or updated Maintenance Agreement which meets the requirements of this chapter (see Section ). (h) Reconnection to an existing system other than a holding tank may require a new maintenance agreement or contract. (4) Replacing a structure with a new or different structure within 2 years of the date of issuance of a sanitary permit for reconnection will only require a statement that the system has not been altered, a statement that a modification in wastewater flow or contaminant load will not occur, and submittal of a plot plan that documents all setbacks between the new structure and system components. (5) When reconnection to a system designed specifically for a particular flow or load is permitted by COMM SPS 383 and SPS 384, Wis. Adm. Code, an affidavit for the system must be recorded in the Register of Deeds office indicating that the designed flow and load rating for the system will not be exceeded. As soon as the flow and load rating are exceeded, the private sewage system must be altered or replaced to accommodate the change. Page 13

14 (6) Systems may be inspected at the time of reconnection, prior to backfilling, at the discretion of the County to insure that proper materials and methods are being used CONSTRUCTION AFFECTING WASTEWATER FLOW OR CONTAMINANT LOAD. Prior to commencing the construction of an addition to or modification of a structure which will affect the wastewater flow and/or contaminant load to an existing private sewage system, the owner(s) of the property shall: (1) Possess a sanitary permit to construct a new private sewage system or modify an existing private sewage system to accommodate the modification in wastewater flow or contaminant load; or (2) Provide the following to the County: (a) Documentation that a private sewage system of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure, as specified in COMM SPS 383, Wis. Adm. Code; (b) Documentation showing that the location of the proposed structure conforms to the applicable setback distances to all of the existing private sewage system components; and (c) Documentation specified in Section (3)(b), (c) and (d). (3) If the existing private sewage system is found to be undersized by wastewater load design equivalent to one bedroom or less, construction of the building addition or modification shall be allowed only if permitted by COMM SPS 383 and COMM SPS 384, Wis. Adm. Code, and an affidavit for the use of the undersized system is recorded in the Register of Deeds Office. (4) Any installation, addition or modification of a system must be completed and inspected before the addition or modified area of the structure may be occupied CONSTRUCTION NOT AFFECTING WASTEWATER FLOW OR CONTAMINANT LOAD. Prior to commencing construction of any structure or addition to a structure on a site where there exists a private sewage system, the property owner or his agent shall determine that the proposed structure conforms with applicable setback limitations of COMM SPS 383, Wis. Adm. Code. Documentation shall be submitted as required in COMM SPS 383, Wis. Adm. Code PRIVIES AND PORTABLE RESTROOMS. (1) Privies and portable restrooms shall be constructed and maintained in a clean condition so that insects and rodents cannot enter the vault. (2) Privies and portable restrooms shall be located a minimum horizontal distance of 10 feet from dwellings, 10 feet from all lot lines, 50 feet from water supply wells, 75 feet from a stream, lake, river or other water course, and 25 feet from the edge of a slope of 15 percent or greater where practical. (3) The bottom of an open pit privy shall be 3 feet above any restrictive feature such as bedrock, high groundwater or seasonally saturated soil. Vaulted privies shall be utilized where the 3-foot separation distance cannot be met. (4) Applicants wishing to construct a privy as a sanitary facility to meet the minimum sanitary requirements for a habitable structure shall sign and record a Nonplumbing Sanitary Agreement stating that the building will be served by a privy. Indoor plumbing, including water closets, sinks, showers or bathtubs, laundry facilities or any other fixture or receptacle receiving domestic waste shall not be installed until a sanitary permit for a private sewage system is issued. (5) Portable restrooms may be utilized for temporary purposes only. For the purpose of this section, temporary shall mean the following: For temporary gatherings, festivals and similar activities, a period of 30 consecutive days or less. For use at any construction site, the duration of the construction plus Page 14

15 two (2) weeks. An annual sanitary permit and proof of maintenance is required for a temporary portable restroom that is utilized for non-temporary purposes or more than 30 consecutive days PERMIT FEES. Fees for permits required by this chapter shall be as provided through the fee schedule approved annually by the County Planning and Zoning Land Services Committee. SECTION INSPECTIONS GENERAL. (1) Notice for final inspection shall be given to the County for all private sewage systems installed, modified or reconnected. Notice for inspection shall be given a minimum of 24 hours in advance. Failure to notify the County 24 hours in advance will result in an additional fee as provided under the fee schedule approved annually by the County Planning and Zoning Land Services Committee. (2) Private sewage systems shall be inspected by the County for compliance with COMM SPS 382, COMM SPS 383, COMM SPS 384, and COMM SPS 391, Wis. Adm. Code, as amended, other appropriate Wisconsin Statutes and Administrative codes, and this chapter. Additional inspection fee(s) will be added to the sanitary permit application if more than 2 inspections are expected/required. (3) Notification for final inspection shall be given in accordance with the requirements of COMM SPS 383, Wis. Adm. Code. (4) When a private sewage system is ready for inspection, the plumber in charge shall make arrangements to enable the inspector to inspect all parts of the system. The plumber shall provide the proper apparatus, equipment and necessary assistance to make a proper inspection. (5) If the plumber is not ready for inspection at the designated time and a return inspection becomes necessary to be sure that the system is being installed in a compliant fashion, a "return inspection fee" shall be assigned to the plumber per the fee schedule that is annually approved by the Planning and Zoning Land Services Committee. The inspector may waive the fee if good cause is shown such as for a mechanical breakdown beyond the plumber's control, inclement weather, emergencies or an act of God. (6) Private sewage systems may be inspected periodically, after the initial installation inspection(s) and/or after the system is operative, as deemed necessary by the County INSPECTIONS OF NON STATE APROVED PRODUCT APPROVAL SITE CONSTRUCTED HOLDING TANKS. (1) All site constructed holding tanks shall be inspected after the floor is poured and the keyway and water stop are installed, or after the forms for the tank walls have been set, but in all instances before any concrete for the walls has been poured. (2) Concrete walls may be poured only after it has been determined that the tank, as formed, complies with the approved plans. (3) This inspection shall not eliminate the need for an inspection after the installation has been completed INSPECTIONS OF NONPLUMBING SANITARY SYSTEMS. (1) All non-plumbing sanitary systems installed shall be inspected for compliance with COMM SPS 391, Wis. Adm. Code, as amended, and this chapter. Nonplumbing sanitary systems serving uses other than one-family and two-family dwellings shall also be inspected for compliance with COMM SPS and DHS , Wis. Adm. Code. Page 15

16 (2) The property owner shall notify the County for inspection immediately after the nonplumbing sanitary system has been constructed or installed INSPECTIONS; MOUND AND AT-GRADE SYSTEMS. (1) The plumber installing the mound or at-grade system shall notify the Department the working day prior to the installation, excluding Saturdays, Sundays and holidays. (2) Mound and at-grade systems shall be inspected at the time the ground surface is plowed and at the time the distribution piping installation has been completed before backfilling. As deemed necessary by county staff, a final inspection may be needed to determine code compliance after all work has been completed INSPECTIONS; SAND FILTERS. (1) The plumber installing the sand filter shall notify the Department the working day prior to the installation, excluding Saturdays, Sundays and holidays. (2) Sand filters shall be inspected at the time the liner or tank and underdrain are in place, before placement of any treatment media, at the time the distribution piping installation has been completed and after all work has been completed EXPERIMENTAL SYSTEMS AND SYSTEMS NOT RECOGNIZED BY COMM SPS (1) The plumber installing the system shall coordinate any required preconstruction meeting(s). (2) The plumber installing the system shall notify the County at least 2 workdays prior to beginning the installation of the system to schedule the inspection(s) and shall notify the State as may be required by the approved plans. (3) Inspections shall be done pursuant to the approved plan requirements and as deemed necessary by the County to assure compliance with appropriate codes and the plan approval REINSPECTION. (1) A reinspection fee shall be assessed when a reinspection of a private sewage system is required because the initial inspection disclosed that the installation is incomplete at the scheduled inspection time or does not comply with applicable Wisconsin Statutes, Administrative codes, the approved plans, or this chapter. Each additional reinspection required at the site will require a fee, in accordance with the fee schedule approved annually by the County Planning and Zoning Land Services Committee. (2) The reinspection fee shall be due within 10 workings days of written notification by the County. Failure to pay this fee within that period shall constitute a violation of this chapter TESTING. (1) If testing of new systems or new system components is required by COMM SPS 382, SPS 383 or SPS 384, Wis. Adm. Code, or as a condition of plan approval, notice shall be given to the County as specified in Section (3), so that the County may make an inspection during the test. (2) The County shall verify that required testing has been completed, by either or both of the following: (a) Performing an inspection during the test. (b) Requiring written verification from the responsible person. SECTION SYSTEM MANAGEMENT AND MAINTENANCE MAINTENANCE AND MANAGEMENT. (1) All private sewage systems and non-plumbing systems shall be managed and maintained in accordance with COMM SPS 383 and,sps 384, and 391 Wis. Adm. Code, and this chapter. Page 16

17 (2) The property owner or agent shall report to the County each inspection, maintenance or servicing event, in accordance with COMM SPS 383, Wis. Adm. Code, and this chapter. (3) The property owner shall submit a copy of an appropriate maintenance agreement and/or servicing contract to the County prior to sanitary permit issuance. (4) The property owner shall submit a new or revised maintenance agreement and/or servicing contract to the County whenever there is a change to such document(s). (5) The property owner shall submit a new maintenance agreement and/or servicing contract to the County prior to expiration of any existing maintenance agreement and/or servicing contract SEPTIC TANK MAINTENANCE PROGRAM. (1) All septic tanks permitted and installed on or after January 1, , shall be visually inspected and/or pumped, in accordance with Section 22.7, within 3 years of the date of installation and at least once every 3 years thereafter, unless upon inspection the tank is found to have less than 1/3 of the volume occupied by sludge and scum. (2) Pumping of a septic tank shall be done by a certified septage servicing operator in accordance with NR 113, Wis. Adm. Code. Such maintenance events shall be reported to the county. using Carmodyinc.com or any other vendor approved by the county under authorization of a user name and password as assigned to licensed service providers. (3) Visual inspection of a private sewage system may be conducted by a plumber, a licensed septic tank pumper, a person licensed under , Wis. Stats., or by an authorized County or State employee to determine the condition of the tank and whether wastewater or effluent from the POWTS is ponding on the ground surface. An authorized County or State employee may conduct a visual inspection to verify failure of sewage tank. (4) The owner of such septic tank shall furnish the County with a copy of the inspection report verifying the condition of the tank, whether wastewater or effluent from the POWTS is ponding on the ground surface and the date of pumping within 130 days of the date of inspection and pumping. Reports shall include all information required in COMM SPS , Wis. Adm. Code, and be signed by the person(s) inspecting and pumping the private sewage system. Other maintenance or management reports required by COMM SPS 383 or SPS 384, Wis. Adm. Code, shall be included with this report HOLDING TANK MAINTENANCE AGREEMENT. (1) The owner of the holding tank shall enter into a Maintenance Agreement with the appropriate city or town guaranteeing that the local governmental unit which signed the agreement will service the holding tank, if the owner fails to have the holding tank properly serviced in response to orders issued by the County. The owner of each holding tank shall sign a Maintenance Agreement which documents maintenance requirements for the holding tank system, including owner s responsibility to maintain a servicing contract, to have the system serviced, and to provide servicing reports in accordance with this ordinance. The Maintenance Agreement shall be binding upon the owner, the heirs of the owner and assignees of the owner. The Maintenance Agreement shall be filed with the Register of Deeds and shall be recorded in a manner which will permit the existence of the agreement to be determined by reference to the property where the holding tank is installed. (2) The owner or agent shall submit a copy original completed documents of the holding tank Maintenance Agreement when plans are submitted to the County for review. (3) A servicing contract shall also be signed between the owner of a holding tank and a licensed service provider who will maintain the tank when called. Such maintenance events shall be reported to the county by the owner or agent. using Carmodyinc.com or any other vendor that the County approves as an electronic reporting service provider, using the user name and password assigned to the licensed service provider. The Department may require the owner of a holding tank found to be violating the servicing contract to hire a plumber to install a water meter and evaluate the holding tanks for code compliance and sign a new Service Contract which requires the certified septage servicing operator to report water meter readings at each pumping. Page 17