(1)

A POWTS may be installed only in those areas where a public sewage system is not available or when not adjacent to a municipal or public entity's service boundary, unless exempted by the State or this ordinance. Availability of the public sewage system shall be determined by the municipality or entity providing such service and shall notify the Portage County Planning and Zoning Department of such determination.

(2)

A non-plumbing sanitation system may be permitted only when the structure or premises served by the non-plumbing sanitation system is not provided with an indoor plumbing system as determined by the Administrator. If plumbing is installed in the structure or running water is supplied to the structure, an acceptable method of sewage disposal other than, or in addition to, a non-plumbing sanitation system must be provided.

(3)

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 two weeks. A sanitary permit is not required for a portable restroom. Portable restrooms to be used past 30 days must be associated with a Portage County annual camper permit and/or an associated public use.

(4)

Any POWTS, or portion(s) thereof, installed within a floodplain shall comply with all applicable requirements of Wis. Admin. Code ch. NR 116, and Chapter 7.6 of the Portage County Zoning Ordinances.

(5)

Holding tanks are not permitted except as allowed by this section or by variance as approved by the Portage County Board of Adjustment. If applicable, a holding tank permit must include the identification and preservation of an approved POWTS distribution cell.

(a)

A temporary holding tank may be installed if a public sewer, approved by the Department of Natural Resources, will be installed to serve the property within two years of the date of sanitary permit issuance. If public sewer does not become available within two years of the date of sanitary permit issuance, the holding tank shall be replaced with another type of system recognized by Wis. Admin. Code ch. SPS 383. In addition to items required in section 7.9.15, an application for a sanitary permit to install a temporary holding tank shall include written statements from:

1.

The municipality or sanitary district, verifying the date that public sewer will be installed and available to serve the property;

2.

The Department of Natural Resources, verifying approval of the public sewer; and

3.

The property owner, agreeing to connect to public sewer when it becomes available and to abandon the temporary holding tank.

(b)

Holding tanks may be allowed for existing development when Soil and Site Evaluation determines that a property is unsuitable for any other type of system, other than a holding tank, as permitted by Wis. Admin. Code ch. SPS 383. This includes replacement of existing holding tank systems.

(c)

A sanitary permit for the installation, modification, or replacement of a holding tank, may be issued provided a special exception is approved by the Portage County Board of Adjustment as provided below. The Board of Adjustment shall take into account the suitability of the site for any other type of system, other than a holding tank, as permitted by Wis. Admin. Code ch. SPS 383; the loads and flows of the proposed use; the proximity to surface water, floodplains and/or wetlands; the depth to ground water; the ability to service the holding tank; as well as other requirements of this ordinance and the requirements of section 7.1.6(5) of the Portage County Zoning Ordinance. The following may be permitted by special exception:

1.

An accessory dwelling unit (ADU) or accessory use if a code compliant POWTS already exist on the property. A holding tank installed for an accessory use home occupation can only accept the waste generated from the home occupation.

2.

For existing development if a Soil and Site Evaluation determines that a property is suitable for any other type of system, other than a holding tank, as permitted by Wis. Admin. Code ch. SPS 383.

3.

For commercial, institutional, public, and agricultural applications where the holding tank will not be used for human habitation.

(6)

Failing systems.

(a)

When a failing POWTS or non-plumbing sanitation system is identified, it shall be brought into compliance with current code requirements, replaced with a code compliant system or properly abandoned within that period of time required by the Administrator.

(b)

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.