This Ordinance is adopted pursuant to the authorization in Wis. Stats. §§ 59.70(1), 59.70(5), 145.04, 145.19, 145.20, and 145.245.

This ordinance 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 non-plumbing sanitation systems, and to assure the timely repair or replacement of failing private sewage systems.

This ordinance shall be effective after public hearing, adoption by the County Board and publishing or posting as required by law. The existing sanitary provisions for the County shall be repealed effective on the date of the enactment of this ordinance.

(1)

Should any section, clause, provision, or portion of this ordinance be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

(2)

This ordinance 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 or non-plumbing sanitation 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 does 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 Statute or Administrative Code requirements.

The provisions of this ordinance 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.

(1)

All structures or premises in the County that are permanently or intermittently intended for human habitation or occupancy, which are not serviced by a public sewer or a privately owned wastewater treatment facility regulated by the Department of Natural Resources, shall have a system for holding or treatment and dispersal of sewage and wastewater which complies with the provisions of this ordinance.

(2)

The POWTS or non-plumbing sanitation system for newly constructed structures or structures requiring a Reconnection Permit shall be installed, inspected, and approved before the structure may be occupied.

This ordinance incorporates by reference the following rules, regulations, and laws, as set forth in the Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction, and use of private sewage systems: Wis. Stats. § 59.70(5), chs. 145, 254.59, 281.48 and 968.10; Wis. Admin. Code chs. SPS 381, SPS 382, SPS 383, SPS 384, SPS 385, SPS 387, SPS 391, NR 113 and NR 116. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered.

The requirements of this ordinance shall apply to all geographic areas of Portage County.

(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.

(1)

When public sewers approved by the Department of Natural Resources become available to the structure or premises served, the private sewage system shall be disconnected within one year and a connection made to the public sewer. Determination of whether sewer is available shall be made by the utility having jurisdiction. Abandonment of the disconnected private sewage system shall be done in accordance with the provisions of Wis. Admin. Code ch. SPS 383.

(2)

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 Wis. Admin. Code ch. SPS 383.

(1)

Soil and site evaluations shall comply with Wis. Admin. Code chs. SPS 383, SPS 385 and SPS 391, and this ordinance.

(2)

Soil test pits shall be constructed which allow adequate visual observation of the soil profile in place. This is best accomplished by the excavation of backhoe pits.

(3)

Soil and Site Evaluation Reports Shall include the following:

(a)

A soil test pit or boring located not more than 25 feet from distribution cell of each existing POWTS on the property under consideration;

(b)

The elevation of infiltrative surface of each existing POWTS on the property under consideration;

(c)

Description of Benchmark(s) that can be referenced from the future POWTS location.

1.

If located in a tree, soil reports shall describe the tree the Benchmark(s) is in and height above grade.

(4)

Administrator verification of a Soil and Site Evaluation Report may be necessary to determine the suitability of any lot for a POWTS. This verification will be done on any site(s) which may have saturated soils, or bedrock, at less than 48 inches according to the Portage County Soil Survey. This verification will be made prior to the issuance of the sanitary permit. This verification shall result in one of the following:

(a)

Issuance of the permit, provided all information contained in 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 sanitary permit if the site does not meet all the provisions of this ordinance and appropriate Wisconsin Statutes and Administrative Codes. If the sanitary permit application is denied, the fees will be returned to the submitting party.

(5)

Administrator verification of a Soil and Site Evaluation Report will require a fee payable prior to the verification. A re-inspection fee may be assessed if excavation of soil test pits is not complete before the appointed time for Administrator verification.

(6)

Interpretive Determinations.

(a)

Administrator soil verification is required for all interpretive determinations.

(b)

A complete Soil and Site Evaluation report must be filed prior to Administrator soil verification.

(c)

Administrator verification shall be conducted when the site is not snow covered or frozen.

(d)

The proposed system area shall be staked on the contour, prior to Administrator verification, using steel, wood, plastic or other durable material, be of a color which contrasts the dominant vegetation and of sufficient height to remain visible.

(1)

Every POWTS shall require a separate application and sanitary permit.

(2)

A Sanitary Permit shall be obtained by the property owner, owner's agent or contractor, in the name of the property owner, prior to the installation, establishment or construction of any structure which requires a POWTS or non-plumbing sanitation system. Any property owner, owner's agent or contractor, who starts construction prior to obtaining a Sanitary Permit is in violation and may be subject to the penalties provided in this ordinance.

(3)

A Sanitary Permit shall be obtained by the property owner, owner's agent or contractor, before any POWTS or part thereof may be installed, replaced, repaired, reconnected or modified. A sanitary permit is not required for minor repairs.

(4)

A Sanitary Permit shall be obtained prior to constructing or installing a non-plumbing sanitation system.

(5)

If any part of a private sewage system has failed or requires replacement or modification, the entire system shall be evaluated for code compliance prior to sanitary permit issuance. This shall include a soil and site evaluation for those components that utilize in situ soil for treatment or dispersal, unless 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 and/or bedrock complies with Wis. Admin. Code ch. SPS 383 was submitted to and approved by the Department within the last 20 years of the date of the new Sanitary Permit. The Department may accept older Soil and Site Evaluation Reports on a case by case basis. If any part of the system is found to be defective or not in conformance with the applicable provisions of this ordinance, the sanitary permit application shall include specifications for the repair, renovation, replacement or removal of that part.

(6)

Any sanitary permit provisions, stipulations or conditions of approval shall have the same authority as any provision of this ordinance.

(7)

When public sewer approved by the Department of Natural Resources is available to the structure or premises served as described in section 7.9.11, a sanitary permit may not be issued.

(1)

A sanitary permit application shall include the following information which shall be furnished by the applicant on forms required by the State and/or the Portage County Planning and Zoning Department along with all applicable fees:

(a)

Names and addresses of the applicant (owner of the site) and the plumber employed (when applicable).

(b)

Legal description of the subject site and the parcel identification or parcel number.

(c)

All lot dimensions.

(d)

Building use (single-family, duplex, etc.).

(e)

Soil and Site Evaluation report.

(f)

System plans (see section 7.9.15 of this ordinance).

(g)

Appropriate agreements and contracts for system management and maintenance.

(h)

Verification that any existing POWTS on the same parcel of land are not failing POWTS.

(i)

Copies of any documents required in section 7.9.14(4) of this ordinance and verification that they have been recorded.

(j)

Any other information required by the Planning and Zoning Department, including verification of compliance with section 7.9.37(12) of this ordinance.

(k)

If components of the POWTS require a setback variance from WI-DSPS, the WI-DSPS variance must be recorded and verification of the recording must accompany the sanitary permit.

(l)

If components of a POWTS require an easement to utilize a neighboring property all the following must be recorded, and verification of the recording must accompany the sanitary permit.

1.

A plat of survey that clearly shows the septic easement area. The plat must show all proposed POWTS components, allow enough room to replace the POWTS components while taking into account space to operate equipment typically used in the replacement of POWTS components.

(2)

When any official State action is required prior to the issuance of a sanitary permit, a State issued copy of the official action shall accompany the application.

(3)

Non-plumbing sanitary system permit applications which comply with SPS 391, shall be accompanied by a soil and site evaluation. This evaluation shall identify an area for a future POWTS permitted by SPS 383, other than a holding tank. This requirement may be waived if a watertight non-plumbing sanitation system will be installed on public property.

(4)

The following documents must be recorded with the Portage County Register of Deeds prior to sanitary permit issuance, and any time that a parcel is to be split which would separate any of the POWTS components from the parcel where the structure served by those components is/are located, documents below may be required:

(a)

Maintenance agreements or other maintenance documents, if recording is required by Wis. Admin. Code ch. SPS 383, or section 7.9.35 of this ordinance.

(b)

If a POWTS, or parts thereof, are located on a different parcel than the structure served, an appropriate easement must be recorded.

(c)

If a POWTS serves more than one structure under different ownership, a document identifying all parties that have ownership rights and are responsible for the operation and maintenance must be recorded.

(d)

If a POWTS is owned by a party other than the owner of the parcel 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 must be recorded.

(e)

If the design wastewater flow of a POWTS 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 must be recorded.

(5)

The Planning and Zoning Department reserves the right to require Floodplain and/or Wetland delineation prior to sanitary permit issuance. The Planning and Zoning Department may require elevations on plans to be tied to floodplain elevation datum by a Registered Land Surveyor or Registered Professional Engineer.

(6)

The Administrator reserves the right to refuse incomplete or incorrect permit applications or to delay permit issuance or denial until corrected or completed applications are received.

System plans shall be submitted for approval to the Administrator or to the State in accordance with Wis. Admin. Code ch. SPS 383. Plans shall comply with the requirements of Wis. Admin. Code ch. SPS 383, and this ordinance.

(1)

Plans submitted to the Administrator shall include the original and as many copies as are required by the County.

(2)

If plans are reviewed and approved by the State, at least one set of the plans submitted to the Administrator shall bear a State approval stamp or seal.

(3)

Plans submitted shall be clear, legible and permanent copies.

(4)

Plans submitted shall comply with Wis. Admin. Code ch. SPS 383, 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 eight and one-half inches by 11 inches in size, or larger than 11 inches by 17 inches. The plot plan shall delineate the lot size and the location of all existing and proposed: POWTS components; building sewers; private interceptor main sewers; wells; water mains or water services; buildings; lot lines; swimming pools; navigable waters; and the benchmark established on the Soil and Site Evaluation Report. Adjoining properties shall be checked to ensure that the horizontal setback parameters in Wis. Admin. Code § SPS 383.43, are complied with. 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 management plan for the proposed system.

(f)

A description of a contingency plan in the event the proposed POWTS fails and cannot be repaired.

(g)

Sufficient supporting information to determine whether the proposed design, installation and management of the proposed POWTS or modification to an existing system complies with this ordinance.

(5)

Plans shall be signed or sealed as specified in Wis. Admin. Code ch. SPS 383.

(6)

A copy of the approved plans shall be maintained at the construction site until the POWTS installation is completed, inspected and accepted. The plans shall be made available to the Administrator or the State upon request.

(7)

A modification to the design of a POWTS which has been previously approved shall be submitted to the Administrator or the State as specified in Wis. Admin. Code ch. SPS 383. Plan revisions must be approved prior to system installation. A fee may be charged when submitting revised plans.

(1)

The permit card issued by the Administrator 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. § 145.19.

(3)

The permit card shall be displayed at the site in such a manner that it will be visible from a public road abutting the lot during all construction phases.

(4)

The permit card may not be removed until the POWTS has been installed, inspected, and approved by the Administrator.

(5)

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

(1)

A sanitary permit for a POWTS or non-plumbing sanitation system which has not been installed, replaced, repaired, modified or reconnected and approved shall expire two years after the date of issuance unless renewed. Permits may be renewed following submittal of an application to the Administrator prior to the expiration date of the original permit.

(2)

There shall be a fee for the renewal and/or revision of a sanitary permit.

(3)

The renewal shall be based on Wisconsin Administrative Code, statute, and ordinance requirements in force at the time of renewal.

(4)

Changed Wisconsin Administrative Code, statute, or ordinance requirements may impede the renewal.

(5)

A new permit card shall be issued when the permit is renewed.

(6)

A sanitary permit which has been renewed shall expire two years from the date of renewal.

(7)

A new sanitary permit shall be obtained by the owner or his agent prior to beginning construction if a sanitary permit has expired.

Transfer of ownership of a property for which a valid sanitary permit exists shall be subject to the following:

(1)

The applicable State form shall be submitted to the Administrator.

(2)

The sanitary permit card shall be returned to the Administrator so that a new permit card may be issued.

(3)

Transfer of ownership shall not affect the expiration date or renewal requirements.

(1)

When an owner(s) changes plumbers, it will be necessary for them to furnish the Administrator with the applicable State form signed by the new plumber.

(2)

The change of plumbers shall be approved by the Administrator prior to the installation of the POWTS.

(3)

A change of plumbers for systems requiring State plan approval shall not be approved by the Administrator unless the plan bears the stamp of an architect, engineer, or plumbing designer, or a State level approval is obtained by the new plumber.

(4)

There shall be a permit fee.

When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code or this ordinance have not been complied with when applying for a sanitary permit, the permit shall be denied.

(1)

A County reconnection permit shall be obtained prior to:

(a)

Construction of a structure to be connected to an existing POWTS;

(b)

Disconnection of a structure from an existing POWTS and connection of another structure to the system, except as permitted in section 7.9.21(4) of this ordinance; or within an approved mobile home park or campground.

(c)

Rebuilding a structure that is connected to a POWTS.

(d)

A modification of, or addition to, an existing building which includes a new building sewer and/or a new connection to an existing POWTS.

(e)

A new connection, or reconnection, of an existing structure to an existing POWTS.

(2)

Prior to issuing a reconnection permit, the existing POWTS shall be examined by a person(s) properly licensed by the State to:

(a)

Determine if 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 Wis. Admin. Code ch. SPS 383, will be maintained.

(3)

Application for a County reconnection permit shall include the following:

(a)

All items in sections 7.9.14(1)(a—d) and 7.9.14(1)(g—j) of this ordinance.

(b)

An Existing POWTS Evaluation Report, as specified in section 7.9.24 of this ordinance.

(c)

Complete plans, as specified in section 7.9.15 of this ordinance, for any POWTS components which will be modified or replaced.

(d)

Reconnection to existing holding tanks may require a new servicing contract and an updated holding tank agreement which meets the requirements of this ordinance.

(e)

Reconnection to an existing POWTS other than a holding tank may require a new maintenance agreement or contract.

(4)

Replacing a structure with a new or different structure within two years of the date of permit issuance 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, a plot plan that documents all setbacks between the structure and system components, and a re-inspection fee.

(5)

Reconnection to an undersized system is not permitted.

(6)

All new POWTS components shall be inspected by the Administrator at the time of reconnection, prior to backfilling.

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 POWTS, the owner(s) of the property shall:

(1)

Possess a sanitary permit to construct a new POWTS or modify an existing POWTS to accommodate the modification in wastewater flow or contaminant load; or

(2)

Provide the following to the Administrator:

(a)

Documentation that a POWTS of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure, as specified in Wis. Admin. Code ch. SPS 383;

(b)

Documentation showing that the location of the proposed structure conforms to the applicable setback distances to all of the existing POWTS components; and

(c)

An existing POWTS evaluation report, as specified in section 7.9.24 of this ordinance.

(3)

If the existing POWTS is found to be undersized, construction of the building addition or modification shall be allowed only if permitted by Wis. Admin. Code chs. SPS 383 and SPS 384.

(4)

Any installation, addition or modification of a POWTS must be completed and approved before the addition or modified area of the structure may be occupied.

Prior to commencing construction of any structure or addition to a structure on a site where there exists a POWTS the owner or his agent shall determine that the proposed structure conforms with applicable setback limitations of Wis. Admin. Code ch. SPS 383.

(1)

When an evaluation of an existing POWTS is required by this ordinance, an existing POWTS Evaluation Report shall be completed which shall include all of the following:

(a)

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 and/or bedrock complies with Wis. Admin. Code ch. SPS 383. Submittal of a soil and site evaluation report may not be required if:

1.

The existing POWTS is a code compliant holding tank; or

2.

A Soil and Site Evaluation Report, which is not a percolation test, is on file which was submitted to and approved by the Administrator maybe required based on site conditions. The County may accept older Soil and Site Evaluation Reports on a case by case basis.

(b)

A report provided by a plumber, certified septage servicing operator, certified POWTS inspector or other person(s) authorized to do so by Wis. Admin. Code ch. SPS 383, relative to the condition, capacities, and code compliance of any existing treatment or holding tanks.

(c)

A report provided by a plumber, certified POWTS inspector, or other person(s) authorized to do so by Wis. Admin. Code ch. SPS 383, relative to the condition, capacities, and code compliance of all other system components.

(d)

A plot plan prepared by a plumber, certified soil tester, certified POWTS inspector, or other person(s) authorized to do so by Wis. Admin. Code ch. SPS 383, including information specified in section 7.9.15(4)(c) of this ordinance, unless an accurate plot plan is on file with the Planning and Zoning Department.

(e)

An evaluation of the use and wastewater flow of the structure(s) served relative to the capacity of the existing POWTS.

(f)

Verification that all domestic wastewater from the structure discharges into the POWTS.

(2)

Existing POWTS Evaluation Reports must be on forms provided by or in a format approved by the Planning and Zoning Department. Existing POWTS Evaluation Reports must be signed by the licensed or certified person(s) performing the evaluation(s).

(3)

Existing POWTS Evaluation Reports must be submitted to the Planning and Zoning Department within 30 days of completion of the evaluation.

(4)

When there is more than one private sewage system on a parcel a separate existing POWTS evaluation report shall be submitted for each system.

(1)

Notice for inspection shall be made with the Administrator for all POWTS installed, replaced, repaired, modified or reconnected.

(2)

These POWTS shall be inspected by the Administrator for compliance with Wis. Admin. Code chs. SPS 382, SPS 383, and SPS 384, other appropriate Wisconsin Statutes and Administrative Codes and this ordinance.

(3)

Notification for inspection shall be given in accordance with the requirements of Wis. Admin. Code ch. SPS 383.

(4)

The entire POWTS shall be left completely open until it has been inspected and accepted, unless the requirements of Wis. Admin. Code ch. SPS 383, are not met by the County. If system has to partially backfilled, the plumber must contact department for approval.

(5)

When a POWTS is ready for inspection, the plumber in charge shall make arrangements to enable the Administrator to inspect all parts of the system. The plumber shall provide the proper apparatus, equipment and necessary assistance to make a proper inspection.

(6)

POWTS may be inspected periodically, after the initial installation inspection(s) and/or after the system is operative, as deemed necessary by the Planning and Zoning Department.

(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.

(1)

All non-plumbing sanitary systems installed shall be inspected by the Administrator for compliance with Wis. Admin. Code ch. SPS 391, or as amended, and this ordinance.

Note: Wis. Admin. Code ch. SPS 362.2900 and DHS 178.14, may apply to non-plumbing sanitary systems serving uses other than one and two-family dwellings.

(2)

The property owner shall notify the Administrator for inspection immediately after the non- plumbing sanitary system has been constructed or installed.

(1)

The plumber installing the mound or at-grade system shall notify the Administrator 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, at the time the distribution piping installation has been completed before backfilling, and after all work has been completed.

(1)

The plumber installing the sand filter shall notify the Administrator 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.

(1)

The plumber installing the system shall coordinate any required preconstruction meeting(s).

(2)

The plumber installing the system shall notify the Administrator at least two 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 performed pursuant to the approved plan requirements and as deemed necessary by the Administrator to assure compliance with appropriate codes and the plan approval.

(1)

A reinspection fee may be assessed when a reinspection of a POWTS 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 ordinance. Each additional reinspection required at the site shall require a fee.

(2)

The reinspection fee shall be due within ten workings days of written notification by the Administrator. Failure to pay this fee within that period shall constitute a violation of this ordinance.

(1)

If testing of new systems or new system components is required by Wis. Admin. Code chs. SPS 382, 383 or 384, or as a condition of plan approval, notice shall be given to the Administrator as specified in section 7.9.25(3) of this ordinance, so that the Administrator may make an inspection during the test.

(2)

The Administrator shall verify that required testing has been completed, by:

(a)

Performing an inspection during the test,

(b)

Requiring written verification from the responsible person, or

(c)

Both (a) and (b).

(1)

All POWTS and non-plumbing systems shall be managed and maintained in accordance with Wis. Admin. Code chs. SPS 383, 384, and 391 and this ordinance.

(2)

A licensed service provider shall report to the Planning and Zoning Department each inspection, maintenance or servicing event, in accordance with Wis. Admin. Code ch. SPS 383, and this ordinance.

(3)

The property owner shall submit a copy of an appropriate maintenance agreement and/or servicing contract to the Planning and Zoning Department prior to sanitary permit issuance.

(4)

The property owner shall submit a new or revised maintenance agreement and/or servicing contract to the Planning and Zoning Department 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 Planning and Zoning Department prior to expiration of any existing maintenance agreement and/or servicing contract.

(1)

All new and existing POWTS shall be visually inspected within three years of the date of installation and at least once every three years thereafter.

(2)

Visual inspection of a POWTS shall be conducted by persons specified in SPS 83.54 to determine the condition of the tank and whether wastewater or effluent from the POWTS is ponding on the ground surface.

(3)

All new and existing septic tanks shall be pumped within three years of the date of installation and at least once every three years thereafter, unless upon inspection the tank is found to have less than 1/3 of the volume occupied by sludge and scum.

(4)

Pumping of a septic tank shall be done by a certified septage servicing operator in accordance with Wis. Admin. Code ch. NR 113.

(5)

The owner or owner's agent of a POWTS shall furnish the Planning and Zoning Department with a copy of the inspection report verifying the condition of the tank, whether wastewater or effluent from the POWTS is discharging to or ponding on the ground surface and the date of pumping within 30 calendar days of the date of inspection and/or pumping. Reports shall include all information required in Wis. Admin. Code ch. SPS 383.55, and be signed by the person(s) inspecting and pumping the POWTS. Other maintenance or management reports required by Wis. Admin. Code chs. SPS 383 or 384, shall be included with this report.

(1)

The owner of each holding tank shall enter into an agreement with the appropriate city, village or town guaranteeing that the local municipal 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 Planning and Zoning Department. The agreement shall be binding upon the owner, the heirs of the owner and assignees of the owner. The 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 of the Holding Tank Agreement when plans are submitted to the Planning and Zoning Department for review.

(3)

The Department may require the owner of a holding tank found to be violating the Maintenance Agreement to replace the holding tanks with a soil absorption system or, if the parcel is unsuitable for any type of soil absorption system, 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.

The Planning and Zoning Administrator shall be responsible for the administration of this ordinance, who may delegate their responsibilities to personnel employed by the Planning and Zoning Department.

In the administration of this ordinance, the Planning and Zoning Director shall have the following powers and duties:

(1)

Delegate duties to and supervise clerical staff and other employees to assure full and complete compliance with this ordinance and related Wisconsin Statutes and the Administrative Code.

(2)

Advise applicants concerning the provisions of this ordinance and assist them in preparing permit applications.

(3)

Review and approve plans for POWTS for one and two-family residences or as approved through agent status by the State.

(4)

Issue sanitary permits and inspect properties for compliance with this ordinance and related Wisconsin Statutes and the Administrative Code.

(5)

Review and approve existing POWTS Evaluation Reports for compliance with this ordinance.

(6)

Keep records of all sanitary permits issued, inspections made, work approved, and other official actions.

(7)

Report violations of this ordinance to the Corporation Counsel.

(8)

Have access to any premises for the purpose of performing official duties between 7:00 a.m. and 8:00 p.m. or at other times set by mutual agreement between the property owner or his/her agent or upon issuance of a special inspection warrant in accordance with Wis. Stats. § 66.122. Application for a sanitary permit is considered for the purposes of this ordinance as the owner's consent to enter the premises.

(9)

Upon reasonable cause or question as to proper compliance, revoke or suspend any sanitary permit and issue cease and desist orders requiring the cessation of any construction, alteration or use of a building which is in violation of the provisions of this ordinance, until compliance with this ordinance or applicable Wisconsin Statutes and the Administrative Code is obtained.

(10)

Issue and enforce orders to plumbers, certified septage servicing operators, property owners, their agents or contractors or the responsible party, to assure proper compliance with all provisions of this ordinance or delegate this authority to the County Health and Human Services Department.

(11)

Apply for and distribute grants obtained through the Wisconsin Fund Grant Program.

(12)

Withhold permit(s) or approval(s) pursuant to this ordinance where the applicant, owner or licensed contractor is in violation of this or any ordinance administered by the Planning and Zoning Department and for any parcel(s) of land which have an outstanding violation until the violation(s) have been corrected.

(13)

Consider and approve or deny requests to install sewage holding components (tanks) prior to sanitary permit issuance when a health or safety emergency exists. Such a request may be approved only if the owner of the property has submitted an affidavit acknowledging the emergency and agreeing to obtain the required sanitary permit by a specified date.

(14)

Perform other duties regarding POWTS as considered appropriate by the County.

Persons aggrieved by any administrative determination who allege that there is an error in any order, requirement or decision made in the enforcement or interpretation of this ordinance, may appeal the determination in the following manner per section 7.1.6(5)(c) of the Portage County Zoning Ordinance:

(1)

Any initial appeal shall be made in writing to the Planning and Zoning Director, or designee, within 30 days of the date of that administrative action. Additional substantiating evidence may be accepted.

(2)

The procedure for subsequent appeal of any administrative determination made in the enforcement of this ordinance shall be in accordance with Chapter 68 - Municipal Administrative Procedures, Stats.

The provisions of this ordinance shall be enforced under the direction of the County Board of Supervisors through the County Planning and Zoning Department, the Planning and Zoning Director, or designee, and the Portage County Corporation Counsel.

(1)

Any person, firm, company, corporation, agent, contractor or subcontractor who violates any terms of this ordinance shall be subject to a forfeiture of not less than $50.00, nor more than $500.00, together with the costs of any enforcement action. Each day of violation shall constitute a separate offense. The court may utilize any lawful authority to compel enforcement of this ordinance, including contempt. Compliance therewith may be enforced by injunctive relief at the suit of Portage County or the owner, or owners, of land within the district affected by the regulations of this ordinance.

Fees shall be set by the Portage County Planning and Zoning Committee and shall be reviewed annually.

The following terms shall have the meanings indicated in this section.

(1)

Administrator means a person employed by Portage County in the Planning and Zoning Department to administer and enforce this ordinance.

(2)

Agricultural use means the preparation of plant and animal products by the cultivation of soil and raising of livestock for the distribution to markets.

(3)

Accessory dwelling unit (ADU) means a, generally smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home.

(4)

Buildings. See "structure."

(5)

Commercial use means any use affiliated with the production, reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.

(6)

Conventional private sewage system means a private sewage system consisting of a septic tank and an in-ground soil absorption component with gravity distribution of effluent.

(7)

Department means the Portage County Planning and Zoning Department.

(8)

Failing non-plumbing sanitation system means a non-plumbing sanitation system which meets criteria for a failing private sewage system. (See below)

(9)

Failing private sewage system. Also referred to as a "failing private on-site wastewater treatment system" or "failing POWTS", has the meaning specified under Wis. Stats. § 145.245(4). A failing private on-site wastewater treatment system is one which causes or results in any of the following conditions:

(a)

The discharge of sewage into surface water or groundwater.

(b)

The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

(c)

The discharge of sewage to a drain tile or into zones of bedrock.

(d)

The discharge of sewage to the surface of the ground.

(e)

The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.

(10)

Failing system. Failing private on-site wastewater treatment system" or "failing POWTS", has the meaning specified under Wis. Stats. § 145.245(4), and/or a non-plumbing sanitation system which meets criteria for a failing system listed below. A failing private on-site wastewater treatment system and/or a non-plumbing sanitation system, is one which causes or results in any of the following conditions:

(a)

The discharge of sewage into surface water or groundwater.

(b)

The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

(c)

The discharge of sewage to a drain tile or into zones of bedrock.

(d)

The discharge of sewage to the surface of the ground.

(e)

The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.

(11)

Holding tank(s) means an approved watertight receptacle for a collection and holding of sewage.

(12)

Human habitation means the act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a principal residence.

(13)

Institutional use means a society or organization founded for a religious, educational, social or similar purpose. Land uses within this category include, but are not limited to religious facilities, universities and school districts.

(14)

Minor repairs means a minor repair to a private sewage system includes the replacement or repair of any of the following:

(a)

Manhole covers;

(b)

Manhole risers;

(c)

Septic tank baffles;

(d)

Effluent pumps and related controls or wiring;

(e)

Other components as determined by the Department.

(14)

Modification in wastewater flow or contaminant load means 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; and in dwellings, when there is an increase or decrease in the number of bedrooms.

(15)

Non-plumbing sanitation system means sanitation systems and devices within the scope of Wis. Admin. Code ch. SPS 391, which are alternatives to water carried waste plumbing fixtures and drain systems; including, but not limited to, incinerating toilets, composting toilets and privies.

(16)

Occupancy means the use, or intended use, of a building, or portion of a building, for the shelter or support of persons, animals or property.

(17)

Plumber means a person licensed by the State as a Master Plumber or Master Plumber-Restricted Service.

(18)

Portable restroom means a self-contained portable unit that includes fixtures, incorporating holding tank facilities, designed to receive human excrement.

(19)

Private sewage system. Also referred to as a "private on-site wastewater treatment system" or "POWTS", has the meaning given under Wis. Stats. § 145.01(12). Private on-site wastewater treatment system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the State including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

(20)

Privy means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited.

(21)

Privy-pit means a privy with a subsurface storage chamber which is not watertight.

(22)

Privy-vault means a privy with a subsurface storage chamber that is watertight.

(23)

Public use means any use owned and or affiliated with a public entity such as a town, village, city, county, state or federal government.

(24)

Rebuild means modify or replace more than 50 percent of the structure.

(25)

Sanitary permit. The term "sanitary permit", as used in this ordinance shall mean a County Sanitary Permit, a State Sanitary Permit or both.

(26)

Sanitary permit - county means a permit issued by the Department for the reconnection or modification of a private sewage system or for the installation of a non-plumbing sanitation system, pursuant to Wis. Stats. §§ 59.70 and 145.04.

(27)

Sanitary permit - state means a permit issued by the Department for the installation or modification of a private sewage system, pursuant to Wis. Stats. §§ 145.135 and 145.19.

(28)

Secondary system means an additional POWTS and/or non-plumbing sanitation system located on a property with a principle residence that serves a detached accessory building.

(29)

Septic tank means an anaerobic treatment tank.

(30)

Soil and site evaluation application means an application submitted for the purpose of requesting county verification of a soil and site evaluation report.

(31)

State means the Wisconsin Department of Safety and Professional Services.

(32)

Structure means any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, which includes, but is not limited to, such objects as roofed and walled buildings.

(33)

System means a POWTS and/or non-plumbing sanitation system (See private sewer system and/or non-plumbing sanitation system).

(34)

Transfer of ownership means any conveyance of ownership of a parcel of land. Exceptions:

(a)

Addition or removal of an owner.

(b)

Addition or removal of a spouse from ownership.

(c)

Sale of an individual unit within a condominium.

(d)

A change in an individual or business name, if the owner or owners remain the same.

(e)

Life estates are not considered a transfer of property until the owner is divested of ownership.

(f)

Revocable trusts are not considered a transfer of property until the owner is divested of ownership.

(g)

Lease with option to buy is not considered a transfer of property until the option is exercised.

(Res. No. 122-2022-2024, 6-20-2023)