Proposed Shawano County Sanitary Ordinance

SHAWANO COUNTY

PRIVATE ON-SITE WASTE WATER

TREATMENT SYSTEM

SHAWANO COUNTY PLANNING & DEVELOPMENT DEPARTMENT

Zoning and Land Use Control Division

Shawano County Ordinance Number 8 - 02

Adopted: December 18, 2002

Revised: April 16, 2013

Now Shawano County Ordinance No. 4-13

Section Page

1.0Intent and Interpretation 1

2.0Authority1

3.0Definitions2

3.1General...... 2

3.2Terms...... 2

4.0General Conditions 3

4.1Applicability ...... 3

4.2Compliance...... 3

4.3Retroactivity...... 4

5.0Administration and Enforcement 4

5.1Issuing Agent...... 4

5.2Powers and Duties...... 4

6.0 Abandonment of Private On-site Waste Water Treatment System 5

6.1Public Sewer...... 5

6.2Discontinued Use...... 5

7.0Sanitary Permit6

7.1Issuance...... 6

7.2Application...... 7

(1) Application Requirements...... 7

(2) Maintenance Plan...... 7

(3) Incomplete Applications and Denial.... 8

(4) Permit Cards...... 8

7.3Validity...... 8

7.4Transfers...... 9

7.5Revision...... 9

8.0Inspection 9

9.0Soil Reports and Site Evaluations 9

9.1Soil and Site Evaluation Report...... 9

9.2Verification...... 10

10.0Holding Tanks10

10.1General...... 10

10.2Holding Tank Forms...... 10

(1) Holding Tank Agreement...... 10

(2) Holding Tank Servicing Agreement.....10

10.3Inspections...... 11

10.4Pumping Reports...... 11

10.5Locks and High Water Alarm...... 11

11.0Management Standards11

11.1Intent...... 11

11.2Management...... 11

11.3Failing System...... 12

11.4Monitoring Influent and Effluent Loads.....12

11.5Service Reports...... 12

12.0Privies13

12.1Standards...... 13

12.2Public Use...... 14

13.0Non-Plumbing Toilets14

13.1General...... 14

13.2Standards Applicable to all Non-Plumbing Toilets14

13.3Permit...... 14

13.4Inspections...... 14

14.0Existing System Reconnection 15

14.1Application for reconnection...... 15

14.2System Evaluation Requirements for Reconnection to Existing Systems15

14.3Evaluations...... 15

14.4Holding Tank Reconnection...... 16

14.5Maintenance.....16

15.0POWTS Evaluations 17

15.1General ...... 17

15.2Exceptions to System Evaluation Requirements....17

15.3Evaluation...... 17

15.4Tank Collapse or Repair...... 18

16.0Maintenance Program19

16.1Program Notification...... 19

16.2Maintenance...... 19

16.3Form...... 19

16.4Delays...... 19

17.0Fees 19

18.0 Severability20

19.0Violations20

19.1Violations...... 20

19.2Notification...... 20

20.0Penalties21

20.1Penalties...... 21

20.2Remedial Action...... 21

21.0Appeals21

22.0Variances22

23.0 Effective Date22

SHAWANO COUNTY PRIVATE ONSITE WASTE WATER TREATMENT SYSTEM ORDINANCE

Section 1.0INTENT AND INTERPRETATION

Section 1.1The general intent of this ordinance is to regulate the location, construction, installation, alteration, design, and use of all private on-site wastewater treatment systems (POWTS) so as to protect public health and to further the conservation of land and water resources. It is further intended to provide for the administration and enforcement of this ordinance.

Section 1.2It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law except that, where this ordinance imposes greater restrictions, the greater restrictions shall apply.

Section 1.3Interpretation and application of the provisions of this ordinance shall be liberally construed in favor of Shawano County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

Section 1.4The standards for construction and maintenance of private on-site wastewater treatment systems in this ordinance shall not be interpreted to be more lenient nor stringent than the Wisconsin Administrative Code rules promulgated pursuant to Chapter 145, Wis. Stats.

Section 2.0AUTHORITY

Section 2.1This ordinance is adopted pursuant to the provisions of Chapter 145 and S. 59.70(5), Wisconsin Statutes, and all rules and regulations promulgated thereunder regarding private on-site wastewater treatment systems. These rules, regulations and laws shall apply until amended and then shall apply as amended.

Section 2.2Incorporation of provisions by reference. This ordinance incorporates by reference the following rules, regulations and laws as set forth in the Wisconsin Statutes, and the Wisconsin Administrative Code: Chapter 145, Wisconsin Statutes, and Chapters NR 112, NR 113 and SPS 381, 383, 385, 387, 391 of the Wisconsin Administrative Code. The location, design and construction standards therein described are hereby adopted as standards for POWTS, non-plumbing toilets and privies under this ordinance.

Section 3.0DEFINITIONS

Section 3.1General

Except as specifically defined below, words and phrases used in this ordinance are to be interpreted as having the same meaning as they have in the State Statutes and Administrative Codes and in Common Law. Words in the present tense include the future; words in singular include the plural and words in the plural include the singular. The word “shall” is mandatory.

Section 3.2Terms

(1)Alternative System means any POWTS other than a conventional, mound, in-ground pressure, at-grade, holding tank, or conventional lift POWTS.

(2)Department means the State Department of Safety and Professional Services.

(3)Non-plumbing Toilet means chemical, organic (composting), electrical, gas, portable restrooms and other non-water using toilets.

(4)Issuing agent means the county office, department, committee, position or employee assigned the duties of administering this ordinance by the County Board.

(5)POWTS means a private on-site wastewater treatment system.

(6)POWTS component means those components listed under SPS 381.01 183 through 186.

(7)Privy means an outhouse or structure, whether vault or pit type, used for deposition of human excrement.

(8)Effluent means liquid discharged from a POWTS treatment component.

(9)Licensed pumper means a person or firm licensed by the State of Wisconsin to pump, haul and dispose of sewage and septage.

(10)Plumber means a person licensed by the State of Wisconsin as a Master Plumber or Master Plumber Restricted Sewer Service.

(11)Privy-pit means a privy with earthen sidewalls and/or bottom.

(12)Privy-vault means a privy with a watertight vault.

(13)Redoximorphic feature means a feature formed in the soil matrix by the processes of reduction, translocation and oxidation of iron and manganese compounds in seasonally saturated soil [SPS 381.01(202)].

(14)Sanitary Permit, State means. Those POWTS installations and modifications listed in SPS 383.21(1).

(15)Sanitary Permit, County means County issued permits for POWTS installations and modifications listed in SPS 383.21(1), re-connections, privies and non-plumbing toilets.

(16)Sewage means wastewater containing fecal coliform bacteria exceeding 200 CFU, colony forming units, per 100 ml.

(17)Structure means anything erected, constructed or installed that is supported by the ground.

(18)Wisconsin Fund means theprivate sewage system replacement or rehabilitation grant program administered by the State of Wisconsin.

(19)POWTS maintenance program means the 3-year treatment tank maintenance required by Section 16.2.

Section 4.0GENERAL CONDITIONS

Section 4.1Applicability. This ordinance applies to all unincorporated and unsewered areas of Shawano County.

Section 4.2Compliance. All buildings in Shawano County that are permanently or intermittently intended for human habitation or occupancy that contains inside plumbing and which are not served by public sanitary sewer shall be served by an approved POWTS. All buildings in Shawano County that are intermittently intended for human habitation or occupancy that do not contain inside plumbing shall be served by a non-plumbing toilet or privy.

(1)Modifications to systems and joint liability. No POWTS or part thereof shall be located, installed, moved, reconstructed or substantially altered except as permitted by this ordinance. The owner of the property on which the POWTS is located and the company or individual doing related work are responsible for compliance with this ordinance.

(2)Inspection prior to occupancy. The POWTS for newly constructed buildings shall be approved under this ordinance, installed by a licensed master plumber and inspected by the issuing agent before the building can be occupied.

Section 4.3Retroactivity. Pursuant to SPS 383.03(2), if no permit was required for installation of a POWTS, non-plumbing toilet or privy and the system has failed, it shall be replaced in compliance with standards for a new system. If any component of an approved POWTS has failed, an evaluation must be completed on the remaining portion of the POWTS to prove location and sizing are in compliance with the standards applicable at the time of original installation in order to replace only the failing component Pursuant to SPS 383.03 (b) and SPS 383.22 (2) 4 (b) 1 c. However, installation of an effluent filter is required for all treatment tanks.

Section 5.0ADMINISTRATION AND ENFORCEMENT.

Section 5.1Issuing Agent. The Shawano County Zoning Administrator and his or her designees shall administer this ordinance.

Section 5.2Powers and Duties. The issuing agent shall have the responsibility and authority to:

(1)Delegate duties to and supervise Zoning and Land Use Control Division staff for administration and enforcement of this ordinance.

(2)Explain the provisions of this ordinance and assist applicants in preparing permit applications. Review all related applications and plans for POWTS submitted to the county for compliance with the provisions of this ordinance.

(3)Issue, deny, and rescind sanitary permits; maintain records of permits, inspections made, work approved and performed and other information as appropriate.

(4)The issuing agent shall review soil and site evaluation reports for the proposed POWTS, verify the report at the proposed site, if necessary, and maintain related records.

(5)Inspect all POWTS during construction.

(6)Investigate all complaints related to this ordinance consistent with S. 145.20(2)(f) of Wisconsin Statutes and order compliance if the system is found to be in violation of this ordinance or applicable state regulations.

(7)Report unresolved violations of this ordinance to the Corporation Counsel.

(8)Enforce any or all of the rules or orders and amendments thereto of the Department of Safety and Professional Services applicable to POWTS.

(9)Request access to any structure or land during reasonable business hours or as otherwise agreed upon for the purpose of determining compliance with this ordinance. If access is denied, the issuing agent shall seek a special inspection warrant as provided in S. 66.0119, Wis. Stats.

(10)Administer the Wisconsin Fund Grant Program and distribute grant monies to eligible applicants.

(11)Any other duties relating to POWTS administration and enforcement of this ordinance as assigned by the Planning, Development & Zoning Committee or as required by State regulations.

Section 6.0ABANDONMENT OF POWTS

Section 6.1 Public sewer. When a municipal sewage district orders a structure or premises to be connected to public sewer, the POWTS serving the structure or premises shall be abandoned consistent with s. 6.2 of this ordinance.

Section 6.2Discontinued Use. The components of an existing POWTS that are not part of the approved design of a replacement POWTS shall be abandoned at the time of the installation of the replacement POWTS by the plumber installing the POWTS. Abandonment shall include:

(1) Disconnecting all piping to the tanks and pits/effluent disposal field.

(2) Sealing all disconnected piping to the tanks and pits/effluent disposal field in accordance with SPS382.21(2)(h).

(3) Pumping and disposing of the contents from all tanks and pits. The disposal of the contents from septic tanks, treatment tanks, distribution tanks, seepage pits and holding tanks shall comply with Ch NR 113.

(4) Removing all tanks or removing the covers of the tanks or pits and filling the tanks and pits with uncontaminated soil, gravel or an inert solid material.

Section 7.0SANITARY PERMITS

Section 7.1 Permit required

(1)A land use permit may not be issued until the sanitary permit for the structure has been issued.

(2)No person may install or modify a POWTS, privy or non-plumbing toilet unless the owner of the property on which the POWTS, privy or non-plumbing toilet is to be installed holds a valid State or County Sanitary Permit and installation or modification is in complete compliance with the terms of the permit and this ordinance. Permits shall be obtained prior to the start of construction of the POWTS.

(3)Emergency repairs. Emergency repairs or the removal of obstructions may be performed without a Sanitary Permit provided such work is reported to the issuing agent as soon as possible for a determination as to whether a Sanitary Permit is required. A Sanitary Permit is not required for the addition of manhole risers or replacement of manhole covers, manhole risers, baffles, filters or pumps.

(4)Sale of components. Pursuant to s. 145.19(1), Stats. no person may sell at retail a POWTS or holding system component unless the purchaser holds a valid sanitary permit.

Section 7.2Applications for State Sanitary Permits. Application for a State Sanitary Permit shall be made on forms specified by the Department. Completed application forms shall be submitted to the issuing agent.

(1)Application and maintenance plan requirements. The Sanitary Permit shall include the information required by SPS 383.21(2)(c) & 383.22(2).

(2) Maintenance plan. Application for a sanitary permit for all POWTS must include information on design, and maintenance provisions and monitoring procedures to assure the proper operation of the system. A maintenance plan is required. Maintenance for a septic tank shall include a pump out and inspection at intervals not to exceed 3 years. All other system types shall include a management plan for maintaining the designed performance and operational standards required by this ordinance. The management plan shall be a part of the Sanitary Permit application. The plans shall include all information necessary to maintaining the continued operation and treatment capability of the system. This information may include, but is not limited to the following:

(a)Accumulated solids or byproduct removal;

(b)Influent and effluent volumes and characteristics;

(c)Groundwater monitoring well location(s);

(d)Monitoring well construction requirements and sampling procedures;

(e)Monitoring/sampling port location;

(f)Metering, sampling and monitoring schedules;

(g)Site vegetative cover maintenance;

(h)Load and rest schedules;

(i)Contingency plans for events involving component or operational failure;

(j)Alarms or other systems to alert owner when the system is not operating properly;

(k)Odor and nuisance control;

(l)All maintenance requirements in terms of processes and their frequency;

(m)Reporting frequency, and designated reporting agent;

(n)Other pertinent information as deemed necessary.

(3) Incomplete applications and denial. The issuing agent may return incomplete or inaccurate permit applications noting their deficiencies. The issuing agent shall issue written notice to each applicant whose Sanitary Permit application is disapproved. Each notice shall:

(a)State the specific reasons for disapproval and amendments to the application, if any, which would render the application approvable.

(b)Inform the applicant of the right to appeal and the procedures for conducting an appeal under Chapter 68, Wis. Stats.

(4) Permit Cards.

(a)The Permit Card issued by the issuing agent to the property owner or their agent shall serve as the State Sanitary Permit.

(b)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 phases of construction.

(c)The Permit Card may not be removed until the POWTS has been entirely installed, inspected, and approved.

(d)Failure to display the permit card shall be considered a violation of this section and may subject the property owner, their agent or contractor, to penalty provisions of this ordinance.

Section 7.3Validity. A sanitary permit is valid for 2 years from the date of issuance and is renewable for additional 2-year periods thereafter. Permits may be renewed following written application to the issuing agent by the licensed plumber installing the POWTS prior to the expiration date of the original permit provided that the proposed site and system comply with applicable codes at the time the renewal is requested. A new sanitary permit must be obtained as a replacement for an expired permit.

Section 7.4Transfers. A sanitary permit may be transferred from the owner to a subsequent owner of the land with the proper transfer permit. A transfer copy of the sanitary permit must be obtained from the issuing agent.

Section 7.5Revision. A change in plumbers and any change in system design described in SPS 383.22(4) shall require a sanitary permit revision. A change in plumbers requires a revision form and any additional information required to describe proposed system design changes. Permits issued for systems requiring State approval shall not be assigned to another plumber unless the plan bears the stamp of the approving architect, engineer, or plumbing designer or until new State approval is obtained.

Section 8.0INSPECTION

Section 8.1The issuing agent shall inspect all POWTS after construction, but before backfilling. Inspection shall occur no later than the end of the next workday following notice from the plumber in charge. No inspection will be scheduled for the same day as permit issuance.

Section 8.2Inspections shall determine compliance with approved plans and component manual requirements.

Section 8.3Mounds and at-grade systems shall be inspected at the time the ground’s surface is plowed, while the sand fill for a mound is being placed, at the time the distribution piping has been placed and after all work has been completed. Additional inspections may be determined by the issuing agent to be necessary.

Section 9.0SOIL REPORTS AND SITE EVALUATIONS.

Section 9.1Soil and site evaluation report. No sanitary permit may be issued until a soil and site evaluation report has been reviewed and approved by the issuing agent. For all new or replacement construction at least one backhoe pit must be excavated for each system area submitted for approval. The report and evaluation must comply with the standards of SPS 383 and SPS 385 and must be submitted to the county within 30 days of the observations/tests. If the report is not acceptable, the issuing agent shall notify the applicant in writing and state the reasons for noncompliance consistent withSPS 385.50(1)(d).

Section 9.2Verification. The issuing agent may verify the report and soils at the proposed site if deemed necessary. Backhoe pits are required whenever the County verifies soil boring data. Backhoe test pits shall be made accessible for County evaluation of the soil profile.

Section 10.0HOLDING TANKS.

Section 10.1General. Holding tanks for private sewage are prohibited, with the following exceptions:

(1)For replacement of an existing POWTS where a soil test indicates that redoximorphic features are present within 4 inches of the bottom of the A soil horizon.

(2)For use with a non-residential building provided the structure is not used for human habitation.

(3)Where a parcel does not include sufficient area for another type of POWTS.

Section 10.2Holding Tank Forms

(1)Holding Tank Agreement. In cases where holding tanks are allowed, the applicant for a holding tank shall be required to enter into a Holding Tank Agreement with the County before the sanitary permit is issued. The agreement shall be signed on forms provided by the County. A certified plumbing inspector with the Zoning and Land Use Control Division shall sign the agreement on behalf of Shawano County, as the Governmental Agent, or where a municipality has notified the County of their intent to sign the agreement then the signature of the Municipal Representative shall be obtained. This agreement shall be recorded with the Shawano County Register of Deeds Office.