Green Lake County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Green Lake County 5-20-1980 by Ord. No. 225-80, as amended through Ord. No. 720-01. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 154.
Floodplain zoning — See Ch. 300.
Land division and subdivision — See Ch. 315.
Shoreland protection — See Ch. 338.

§ 334-1 Authority; effect on other rules and regulations.

A. 
Pursuant to § 59.70(5), Wis. Stats., the Green Lake County Board of Supervisors hereby adopts the Green Lake County Private Sewage System Ordinance.
B. 
This chapter shall be subject to the provisions of Ch. 145, Wis. Stats., and all subsequent rules and regulations promulgated thereunder regarding private sewage systems.
C. 
This chapter shall not be more lenient nor stringent than the rules and regulations promulgated pursuant to Ch. 145, Wis. Stats.

§ 334-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATIVE SYSTEM
Any system used for private sewage disposal other than a conventional system.
DEPARTMENT
The State Department of Commerce.
[Amended 12-21-2004 by Ord. No. 822-04]
ISSUING AGENT
The County office, department, committee, position or employee assigned the duties of administering the private sewage system program by the County Board.
PRIVATE SEWAGE SYSTEM
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; an alternative sewage system approved by the Department, 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; and may be owned by the property owner or by a special purpose district.
PRIVY
A structure intended for the disposal of human waste.
A. 
Designed to retain contents in a waterproofed vault or holding tank.
B. 
Constructed in soils which pass a soil boring test for a conventional private sewage system.
SANITARY PERMIT
A permit issued by the Department or the issuing agent for the installation of a private sewage system.

§ 334-3 Issuing agent.

The Surveyor/Land Development Director or Deputy Surveyor/Land Development Director shall act as the Green Lake County issuing agent and is hereby assigned the duties of administering the private sewage system program.

§ 334-4 Sanitary permit.

A. 
General.
(1) 
Permit required; term; transfer.
(a) 
No person may install a private sewage system or nonplumbing sanitation system unless the owner of the property on which the system is to be installed holds a valid sanitary permit.
(b) 
No person may sell at retail a septic tank for installation unless the purchaser holds a valid sanitary permit.
(c) 
A sanitary permit is valid for two years from the date of issue and renewable for similar periods of time.
(d) 
A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent.
(e) 
A sanitary permit is subject to the rules in force at the time of permit issuance or renewal.
(2) 
Application process.
(a) 
The applicant shall submit the completed sanitary permit application and supporting documents to the issuing agent.
(b) 
The issuing agent shall review the submitted application and supporting documents for the proposed system and verify the report at the proposed site, if necessary.
(c) 
The issuing agent shall approve or disapprove applications for sanitary permits and assist applicants in preparing approvable applications.
(d) 
The issuing agent shall issue written notice to each applicant whose sanitary permit application is disapproved.
(e) 
Each notice shall:
[1] 
State the specific reasons for disapproval and amendments to the application, if any, which would render the application approvable.
[2] 
Inform the applicant of the right to appeal and the procedures for conducting an appeal under Ch. 68, Wis. Stats.
B. 
State of Wisconsin sanitary permit.
(1) 
Scope. Applications for State of Wisconsin sanitary permits shall be submitted to the issuing agent for review and approval of the installation, construction or modification of the following:
(a) 
A private sewage system holding component.
(b) 
A private sewage system treatment component.
(c) 
A private sewage system dispersal component.
(2) 
Forms.
(a) 
Applications for State of Wisconsin sanitary permits shall be submitted to the issuing agent on forms provided by the Department.
(b) 
The issuing agent shall issue State of Wisconsin sanitary permits on forms provided by the Department.
C. 
Green Lake County sanitary permit.
(1) 
Scope. Applications for Green Lake County sanitary permits shall be submitted to the issuing agent for review and approval of the following:
(a) 
The installation, construction or modification of a privy or other nonplumbing sanitation system.
(b) 
The reconnection of an existing private sewage system to a proposed structure intended for human habitation.
(2) 
Forms.
(a) 
Applications for Green Lake County sanitary permits shall be submitted to the issuing agent on forms provided by the issuing agent.
(b) 
The issuing agent shall issue Green Lake County sanitary permits on forms provided by the issuing agent.

§ 334-5 Fees.

A. 
The fee for a sanitary permit shall be as follows:
(1) 
At-grade system: $355.
(2) 
Conventional system: $355.
(3) 
Conventional system with lift: $355.
(4) 
Holding tank: $355.
(5) 
In-ground pressure: $355.
(6) 
Mound system: $355.
(7) 
Privy sanitary permit: $225.
(8) 
Minor repair or modification: $150.
(9) 
Pretreatment unit: $75.
(10) 
Private sewage system review: $75.
(11) 
Renewal fee: $75.
(12) 
Transfer fee: $3.
B. 
An after-the-fact permit is to be double the original fee.
C. 
An additional fee of $100 shall be collected for systems over 5,000 gallons' capacity; further an additional $100 shall be collected for each additional 5,000 gallons above the first 5,000 gallons.
D. 
A fee of $100 shall be collected by the Green Lake County Zoning Office to monitor groundwater levels as per Sec. COMM 85.60(3), Wis. Adm. Code.
E. 
The above sanitary permit fees include the state fee and DNR surcharge. The above fees will be automatically adjusted concurrently with each state adjustment, whenever the State of Wisconsin changes its permit fees. (Section COMM 2.67, Wis. Adm. Code, adjusted July 1, 1992.)
F. 
A county may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any twelve-month period.
G. 
The issuing agent shall forward a copy of each valid sanitary permit and appropriate fee to the Department within 90 days after the permit is issued.

§ 334-6 Inspection.

A. 
The issuing agent shall inspect or cause the inspection of all private sewage systems after construction, but before backfilling, no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.
B. 
The office of the Green Lake County Surveyor/Land Development Director shall be notified of a possible inspection at least one day before such inspection is requested and confirmed. Inspection times and dates may be changed or canceled at any time by the plumber upon notification to the office of the Surveyor/Land Development Director.
C. 
The issuing agent shall file reports and conduct surveys and inspections as required by the County or Department.

§ 334-7 Investigation of violations; abatement orders.

The issuing agent shall investigate violations of this chapter and § 145.20(2)(f), Wis. Stats., issue orders to abate the violations and submit orders to the District Attorney, Corporation Counsel or the Attorney General for enforcement.

§ 334-8 Violations and penalties.

Such person, firm, or corporation who or which participates in such violations of this chapter may also be required, upon conviction, to forfeit not less than $10 nor more than $200 for each offense, together with the costs of prosecution, and, in default of the payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail until such forfeiture and the costs are paid, but not to exceed 30 days.

§ 334-9 Other duties.

The issuing agent shall perform other duties regarding private sewage systems as considered appropriate by the County or as required by the rules of the Department.

§ 334-10 Privies.

A. 
Privies shall be maintained in clean condition and shall be constructed so that insects and rodents cannot enter the vault.
B. 
Privies shall be located at the minimum horizontal distance of:
(1) 
Twenty-five feet from dwellings.
(2) 
Twenty-five feet from lot line.
(3) 
Fifty feet from the high-water mark of a watercourse.
(4) 
Fifty feet from wells.
C. 
The bottom of open pits shall be three feet above any creviced bedrock and the high groundwater level.
D. 
No privies shall be located in areas subject to periodic flooding.
E. 
Open pit privies shall be permitted upon submittal of an approved soil boring test conducted by a certified soil tester on State Form EH 115 (as revised).
F. 
Privies shall be permitted for recreational or temporary use only.

§ 334-11 (Reserved) [1]

[1]
Editor's Note: Former § 334-11, Wisconsin Fund, was repealed 10-15-2013 by Ord. No. 1059-2013.

§ 334-12 (Reserved) [1]

[1]
Editor’s Note: Former § 334-12, Animal waste management, as amended, was repealed 8-18-2015 by Ord. No. 1117-2015. See now Ch. 275, Animal Waste Management.

§ 334-13 Holding tanks.

A. 
General. The installation of a holding tank is prohibited unless the condition in Subsection A(1), (2) or (3) exists:
(1) 
No other private sewage system permitted by Ch. COMM 83, Wis. Adm. Code, may be installed on the subject property.
(2) 
The subject property is located within an existing sanitary district or municipal sewer district and the district provides written verification that the subject property will be served by its public sewer system within five years of the date of sanitary permit issuance. The property owner shall record an affidavit with the Green Lake County Register of Deeds stating that if sewer service is not available within five years of the date of sanitary permit issuance, the holding tank will be replaced with another private sewage system permitted by Ch. COMM 83, Wis. Adm. Code.
(3) 
The use of the subject property has a design wastewater flow of less than 150 gallons per day. The property owner shall record an affidavit with the Green Lake County Register of Deeds stating that if the design wastewater flow increases to equal or exceed 150 gallons per day, the holding tank will be replaced with another private sewage system permitted by Ch. COMM 83, Wis. Adm. Code.
B. 
Subdivisions. The installation of a holding tank in a subdivision, for which a preliminary plat was submitted to the County for review on or after the effective date of this chapter or its amendment, is prohibited unless both conditions in Subsection B(1) and (2) exist:
(1) 
No other private sewage system permitted by Ch. COMM 83, Wis. Adm. Code, may be installed on the subject property.
(2) 
The existing use of the subject property is served by a failing private sewage system.

§ 334-14 Constructed wetlands and evapotranspiration beds.

The installation of a constructed wetland or evapotranspiration bed as a private sewage system treatment component is prohibited unless both conditions in Subsections A and B exist:
A. 
No other private sewage system permitted by Ch. COMM 83, Wis. Adm. Code, may be installed on the subject property.
B. 
The existing use of the subject property is served by a failing private sewage system.

§ 334-15 Subdivisions.

A. 
Purpose. The purpose of this section is to protect public health by requiring the identification of primary and replacement soil absorption areas necessary for proper on-site wastewater treatment for all lots in subdivisions not served by a public sewer.
B. 
Scope. The provisions of this section apply to all proposed subdivisions not served by public sewer for which preliminary plats are submitted to the County on or after the effective date of this chapter or its amendment. This section shall not apply to proposed subdivisions for which provisions have been made assuring the availability of public sewer service prior to final plat approval.
C. 
County review.
(1) 
Plats. Information to be provided on a preliminary plat or on separate sheets submitted as addenda to the plat shall include but not be limited to those items identified in Chapter 315, Land Division and Subdivision.
(2) 
Forms. Data for all soil tests shall be submitted to the County on forms furnished by the Department. The forms shall be signed and dated by a soil tester who is certified by the Department.
(3) 
Verification.
(a) 
The County may conduct field investigations to verify, including but not limited to:
[1] 
Depth to soil mottles;
[2] 
Depth to observed groundwater;
[3] 
Depth to bedrock;
[4] 
Soil texture;
[5] 
Soil structure; and
[6] 
Land slope.
(b) 
The County may require backhoe pits to be provided for verification and may require soil tests to be conducted under County supervision.
(c) 
The County may require the monitoring of groundwater levels for proposed subdivisions where the natural soil has been altered.
(4) 
Revocation of certification. The County may rescind or suspend plat certification, issued under the provisions of this section, for any false statements or representation of facts on which the certification was issued.
(5) 
Fees. Fees for County plat review shall be submitted in accordance with provisions in Chapter 315, Land Division and Subdivision.
D. 
Standards.
(1) 
General. The area and width of an unsewered lot shall be sufficient to permit the installation and use of a soil absorption system and one replacement system in accordance with Ch. COMM 83, Wis. Adm. Code.
(2) 
Area and width.
(a) 
Each lot, based upon the most restrictive in situ soil application rate affecting the treatment and dispersal of effluent, shall have a lot area, average lot width and continuous suitable soil area not less than the minimums specified in the following table:
Lot Area and Width Minimums by Soil Application Rate
In Situ Soil Application Rate
(gallons/ square feet/day)
Lot Area
(square feet)
Average Lot Width
(feet)
Continuous Suitable Soil Area
(square feet)
0.7 or more
20,000
100
2,000
0.6 to 0.69
20,000
100
3,000
0.5 to 0.59
25,000
100
3,600
0.49 to 0.4
30,000
100
3,900
Less than 0.4
30,000
100
4,200
(b) 
In situ soil application rates shall be determined in accordance with Ch. COMM 83, Wis. Adm. Code.
(c) 
For the purpose of determining lot area and width minimums, in situ soil application rates shall be determined assuming an effluent quality within the following range of maximum monthly average values for BOD5 and TSS:
[1] 
BOD5 greater than 30 milligrams per liter and less than or equal to 220 milligrams to liter; and
[2] 
TSS greater than 30 milligrams per liter and less than or equal to 150 milligrams per liter.
(d) 
A lot with in situ soil conditions requiring the final treatment and dispersal of effluent through a distribution network located at or above the surface of the in situ soil and discharging to the in situ soil, or a combination of in situ and engineered soils, shall have a minimum area and lot width sufficient to provide an area of continuous suitable soils not less than 150 feet in length measured perpendicular to the land slope nor less than 40 feet in width parallel to the land slope.
(3) 
Lots. The shape and location of primary and replacement soil absorption areas, building areas and well or water supply line areas shall be clearly designated for each lot.
(a) 
Primary and replacement soil absorption areas shall accommodate a minimum design wastewater flow of 600 gallons per day.
(b) 
Minimum setback requirements contained in, but not limited to, the following shall be maintained:
[1] 
Chapter COMM 83, Wis. Adm. Code;
[2] 
Chapter TRANS 233, Wis. Adm. Code;
[3] 
Chapter NR 812, Wis. Adm. Code; and
[4] 
Chapter 350, Zoning, of the County Code.
(c) 
Changes, amendments or modifications of planned areas must be approved by the County.
E. 
Soil evaluation. The collection and reporting of all soil data shall be in accordance with Ch. COMM 85, Wis. Adm. Code.
F. 
Outlots. Buildings for human habitation are prohibited on outlots until such time that public sewer service becomes available to the outlots.
G. 
Community systems. Where individual subdivision lots are to be served by a community system of collection and disposal of sewage effluent by soil absorption, the submitted preliminary and recorded final plats shall be clearly marked to indicate this condition.
(1) 
If the components of such a community system are not in place and available to all of the proposed lots at the time of final plat submittal, a restriction shall be included on the recorded final plat requiring that buildings be served by an approved community system prior to occupancy.
(2) 
All components of a community system shall be owned and maintained by a special purpose district.
(3) 
All components of a community system shall be accessible through easements, public rights-of-way or land ownership.
(4) 
Community system designs shall be submitted to, and approved by, the Department of Commerce and/or the Department of Natural Resources prior to final plat approval by the County.
(5) 
Design standards.
(a) 
Residential.
[1] 
A community system shall be designed to accommodate a minimum design wastewater flow of 450 gallons per day per dwelling unit served.
[2] 
A restriction shall be included on the recorded final plat stating the maximum design wastewater flow allocated to each lot in terms of the number of bedrooms (i.e., 150 gallons per day per bedroom).
[3] 
The design wastewater flow of a proposed dwelling may not exceed the stated maximum allocated for the lot unless the community system is first altered to accommodate the increased flow.
(b) 
Public.
[1] 
A community system shall be designed to accommodate a minimum design wastewater flow of 400 gallons per day per public building or use served.
[2] 
A restriction shall be included on the recorded final plat stating the maximum design wastewater flow allocated to each lot.
[3] 
The design wastewater flow of a proposed building or use may not exceed the stated maximum allocated for the lot unless the community system is first altered to accommodate the increased flow.
(c) 
Contaminant load. The contaminant load of the wastewater discharged from any lot to a community system shall not exceed the contaminant load that the community system was designed to treat.