[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-6-2000 by Ord. No. 00-14]
A.
General. The underlying principles of this article
are basic goals in environmental health and safety accomplished by
proper siting, design, installation, inspection, and maintenance of
private on-site waste treatment systems (POWTS).
B.
Basic principles.
(1)
Prevention of public health hazard. Sewage shall not
be discharged directly to the ground surface, into the structure,
into surface waters of the Reservation, or into the groundwater of
the Reservation such that it will cause a public health hazard.
(2)
Need. Every building intended for human habitation
or occupancy shall be provided with a properly functioning system
for treatment and disposal of domestic waste.
(3)
Public sewers. Every building intended for human habitation
or occupancy on land abutting a street, right-of-way, or easement
in which there is a public sewer, or on land deemed accessible to
public sewer, shall have an individual connection to the public sewer,
and the POWTS serving such building shall be properly abandoned.
(4)
Discharges prohibited. Every POWTS shall be designed,
located and constructed to prevent any discharge of sewage or partially
treated sewage into drain tiles, onto the ground surface, into the
structure served, into the surface waters of the Reservation or into
the groundwater of the Reservation, including zones of seasonal soil
saturation.
(5)
Maintenance. Every POWTS shall be adequately maintained.
(6)
Nuisance. Every POWTS shall be designed, located and
constructed so as not to create a nuisance.
(7)
Sizing. Every POWTS shall be designed and constructed
to adequately dispose of all the wastewater generated in the structure
or facility it is serving.
For the purpose of this article, the following
definitions shall apply. The dictionary meaning shall apply for all
other words.
Washed graded rock that has been washed with water under
pressure over a screen during or after grading to remove fine material
and with a hardness value of three or greater on Moh's Scale of Hardness.
Aggregate that can scratch a copper penny without leaving any residual
rock material on the coin would have a hardness of three or more on
Moh's Scale of Hardness.
Approved or accepted by Environmental Services.
The rocks that underlie soil material or are at the earth's
surface. Bedrock is encountered when the weathered in-place consolidated
material, larger than two millimeters in size, is greater than 50%
by volume.
A structure having walls and a roof erected or set upon an
individual foundation or slab-constructed base designed or used for
the housing, shelter, enclosure or support of persons, animals or
property of any kind. A mobile home is included in this definition.
A person who meets the definition and requirements as outlined
in Chapter Comm 5, Subchapter III, Wisconsin Administrative Code.
A covered excavation in the ground which receives sewage
or other organic wastes from a drainage system and is so designed
as to retain the organic matter and solids, permitting the liquids
to seep into the soil cavities.
A plug or cover made of material approved by the Department
and joined by means of a screw thread to an opening in a pipe which
can be removed for the purpose of cleaning or examining the interior
of the pipe.
Cooling water and condensate drainage from refrigeration
compressors and air-conditioning equipment, water used for equipment
chilling purposes, liquid having no impurities or where impurities
have been reduced below a minimum concentration considered harmful,
and cooled condensate from steam heating systems or other equipment.
The moist color of the soil based on Munsell Soil Color Charts.
The Menominee Indian Tribe Environmental Services Department.
A map prepared by or for a state or federal agency participating
in the National Cooperative Soil Survey showing soil series, type
and phases at a scale of not more than 2,000 feet to the inch and
includes related explanatory information.
A system that employs a pump or automatic siphon to elevate
or distribute effluent to the soil through the use of a seepage trench
or bed. Distribution piping in seepage trenches or beds shall be four-inch
perforated pipe approved by the Department.
One or more rooms with provisions for living, sanitary and
sleeping facilities which are used or intended to be use by one person
or by two or more persons maintaining a common household.
Liquid discharged from a septic or other treatment tank.
One which causes or results in any of the following conditions:
the discharge of sewage into the surface water or groundwater; the
introduction of sewage into zones of saturation which adversely affects
the operation of a private on-site waste treatment system; the discharge
of sewage to a drain tile or into zones of bedrock; the discharge
of sewage to the surface of the ground; or the failure to accept sewage
discharges and backup of sewage into the structure served by the private
on-site waste treatment system.
That portion of a floodplain which is outside of the floodway
and which is covered by floodwaters during any regional flood. It
is generally associated with standing water rather than rapidly flowing
water.
The land which has been or may be covered by floodwater during
regional floods. The floodplain includes the floodway and the flood
fringe.
The channel of a river or stream and those portions of the
floodplain adjoining the channel which carry and discharge floodwater
or flood flows during the regional flood.
A watertight tank which is installed for the collection and
retention of grease from cooking or food processing and which is accessible
for periodic removal of the contents.
Zones of soil saturation, which include perched water tables,
shallow regional groundwater tables or aquifers, or zones that are
seasonally, periodically or permanently saturated.
The highest known floodwater elevation of any lake, stream,
pond or flowage or the regional flood elevation established by a state
of federal agency.
An approved watertight receptacle for the collection and
holding of sewage.
A stationary, easily identifiable point to which horizontal
dimensions can be related.
Liquid wastes which result from process employed in industrial
establishments.
An accurate metes and bounds description, a lot and block
number in a recorded subdivision, a recorded assessor's plat or a
public land survey description to the nearest 40 acres.
A National Weather Service (NWS) precipitation station or
other precipitation station collecting precipitation data in accordance
with NWS methods.
An opening of sufficient size to permit a person to gain
access to a sewer or any portion of a plumbing system.
Any person skilled in the planning, superintending and practical
installation of plumbing and familiar with the laws, rules and regulations
governing the same.
Any person skilled in the planning, superintending and practical
installation of private on-site waste treatment systems and other
exterior plumbing.
A transportable structure mounted on a chassis and designed
to be used with or without a permanent foundation as a dwelling unit.
Any plot or plots upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located.
Any source of filth, odor or probable cause of sickness.
The ease with which liquids move through the soil.
The inside diameter.
All piping, fixtures, appliances, equipment, devices and
appurtenances in connection with the water supply, water distribution
and drainage systems.
Water which is satisfactory for human consumption, hygiene
and culinary use.
A soil absorption system that employs a pump or automatic
siphon and small-diameter distribution piping with small-diameter
perforations to introduce effluent into the soil.
A sewage treatment and disposal system serving a single structure
with a septic or other treatment tank and soil absorption field located
on the same parcel as the structure. This term also means 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. A private sewage system may be owned by
the property owner or by a special purpose district.
A one- or two-family building or dwelling unit.
A structure that is not connected to a plumbing system which
is used by persons for the deposition of human body wastes.
Any structure used in whole or in part as a place of resort,
assemblage, lodging, trade, traffic, occupancy or use by the public
or by three or more tenants.
A building or part of a building used for the storage of
land, air or water vehicles by three or more persons not of the same
family.
A watertight receptacle basin or vault constructed above
the ground surface or underground for storage of potable water.
An excavated area larger than five feet in width which contains
a bedding of aggregate and has more than one distribution line.
An underground receptacle so constructed as to permit disposal
of effluent or clear wastes by soil absorption through its floor and
walls.
An area excavated one to five feet in width which contains
a bedding of aggregate and a single distribution line.
A tank which receives and partially treats sewage through
processes of sedimentation, oxygenation, flotation and bacterial action,
so as to separate solids from the liquid in the sewage, and discharges
the liquid to a soil absorption system.
The liquid and water-carried wastes created in and to be
conducted away from residences, industrial establishments and public
buildings.
The unconsolidated material over bedrock.
An observation pit dug by hand or backhoe, a hole dug by
auguring or a soil core taken intact and undisturbed with a probe.
The cohesion among soil particles and the adhesion of soil
to other substances.
Any layer of soil or soil material occurring approximately
parallel to the land surface and differing from adjacent layers in
physical, chemical, and biological properties or characteristics,
including but not limited to color, texture, structure and consistency.
Spots or streaks of contrasting soil colors usually caused
by soil saturation for some period of a normal year.
The combination or arrangement of individual soil particles
into definable aggregates or peds which are characterized and classified
on the basis of size, shape and degree of distinctness.
The relative proportions of the various soil separates in
a soil as specified in the United States Department of Agriculture
system.
The undisturbed surface horizon of a soil often characterized
by a black or dark grayish-brown color due to a higher content of
organic matter.
The Menominee Indian Tribe of Wisconsin.
An approved appurtenance used for covering the vent terminal
of an effluent disposal system to avoid closure by mischief or debris
and still permit circulation of air within the system.
An easily identifiable stationary point or object of constant
elevation for establishing the relative elevation of percolation tests,
soil borings and other locations.
A stream usually flowing in a particular direction, though
it need not flow continually, it may sometimes be dry. It must flow
in a definite channel, having a bed, sides or banks, and usually discharges
itself into some other water body.
A pipe extended from the water main or private pumping system
or other supply source with or without lateral extensions to the building,
structure or other system to be served.
Work of such character that will fully secure the results
sought in all the sections of this article as intended for the safety,
welfare and healthy protection of all individuals.
A.
Allowable uses. Septic tank and effluent absorption
systems or other treatment tank and effluent disposal systems as may
be approved by the Department may be constructed when no public sewerage
system is available to the property to be served. Unless specifically
approved by the Department, the private sewage system of each building
shall be entirely separate from and independent of that of any other
building. A private sewage system may be owned by the property owner
or by a special purpose district. The use of a common system or a
system on a different parcel than the structure will be subject to
the same plan review procedures as for systems serving public buildings.
B.
Public sewer connection. When public sewers become
available to the premises served, the use of the private sewage system
shall be discontinued within that period of time required by order,
but not to exceed one year. The building sewer shall be disconnected
from the private sewage system and be connected to the public sewer.
All abandoned treatment tanks and seepage pits shall have the contents
pumped and disposed of in accordance with Ch. NR 113, Wis. Adm. Code.
The top or entire tank shall be removed and the remaining portion
of the tank or excavation shall be immediately filled with suitable
soil material.
C.
Failing systems. When a failing or malfunctioning
private sewage system is encountered, the sewage disposal system shall
be corrected or its use discontinued within that period of time required
by Department order, with a maximum time limit of one year.
A.
Domestic waste. All water-carried waste derived from
ordinary living uses shall enter the septic or treatment tank unless
otherwise specifically exempted by the Department or this article.
B.
Cesspools. Cesspools are prohibited.
C.
Industrial waste. The Department shall be contacted
in regard to the treatment and disposal of all industrial wastes,
including those combined with domestic waste.
D.
Clear water. The discharge of surface, rain and other
clear water into a private sewage system is prohibited.
E.
Water softener and iron filter backwash. Water softener
or iron filter discharge may be directed to the private sewage system,
or to the ground surface if a nuisance is not created.
F.
Floodplain.
(1)
General. A soil absorption system shall not be installed
in a floodway or flood fringe.
(2)
New developments. New private sewage systems shall
not be installed in a floodway or flood fringe.
(3)
Existing developments.
(a)
Floodway. The following types of replacement
systems may be allowed on a case-by-case basis to abate a health hazard
in floodway areas:
[2]
The installation of a replacement soil absorption
system outside the floodplain limit connected to the development by
a force main or to an approved acceptable site outside the floodway
but in the flood-fringe area. Septic tanks in the floodway shall be
floodproofed. The site must meet the requirements set forth in this
article.
(b)
Flood fringe. Malfunctioning soil absorption
systems may generally be replaced, provided that favorable soil conditions
and other site factors exist.
A.
Soil test reports. The Department shall establish
a filing system for soil test reports. The Department shall review
soil test reports for proposed private sewage disposal systems and
verify the data reported if necessary. If the soil test report is
considered to be adequate, the Department shall file the report.
B.
Plan examination for one- and two-family residences.
(1)
General. Complete plans and specifications shall be
submitted to the Department with the application for a sanitary permit.
Plans shall be submitted on paper not less than 8 1/2 inches
by 11 inches in size.
(2)
Plans and specifications. All plans shall include
the following:
(a)
Plot plan. Detailed plot plan dimensioned or drawn to scale showing the lot size; the location of all septic tanks, holding tanks or other treatment tanks, building sewers, sanitary and storm, wells, water mains or water service, streams and lakes, dosing or pumping chambers, distribution boxes, effluent systems, dual disposal systems, and replacement system areas; and the location of the building served. Adjoining properties shall be checked to ensure the site location distances in § 495-10A are complied with. All separating distances and dimensions shall be shown on the detailed plot plan.
(b)
Reference points. A vertical elevation reference
point and a horizontal reference point.
(c)
Soil data. Soil borings and percolation test
data related to the undisturbed and finished grade elevations, vertical
elevation reference point and horizontal reference point. Surface
elevations shall be given for all soil borings.
(d)
Occupancy. The maximum number of bedrooms in
the residence shall be indicated.
(e)
Other specifications. Complete specifications
for pumps and controls, including dose volume, elevation differences
(vertical lift), pipe friction loss, pump performance curve, pump
model and pump manufacturer.
C.
Revised plans. Every installer of a private sewage
system who modifies or changes the design of a system must submit
to the Department a revised plan. All changes or modifications must
be approved by the Department prior to installation.
D.
Acceptance. No private sewage system shall be used
until the proper sanitary permit, inspection and revised plan, if
required, have been accepted by the Department.
E.
Plan filing. The Department shall establish a filing
system which provides a system of retrieval of sanitary permits and
plans.
A.
Sanitary permits.
(1)
Application. The application for a sanitary permit
shall be made on forms furnished by the Department. Before a private
sewage system is installed, a licensed master plumber or master restricted
plumber (sewer) shall sign the application for permit and assume responsibility
for installation of the system.
(2)
Permit transfer. When there is a change of ownership,
building use or master plumber, a permit transfer form furnished by
the Department shall be submitted to the Department for approval prior
to the installation of a private sewage system. Failure to submit
transfer forms shall invalidate the sanitary permit.
(3)
Posting. The sanitary permit shall be issued by the
Department of Licensing and Permits after approval by the Department.
The sanitary permit shall be displayed conspicuously so as to be visible
from the road fronting the lot during construction.
B.
Tribal responsibilities.
(1)
Review of soil test reports. The Department shall
review certified soil tester reports for proposed private sewage systems
and verify the report at the proposed site, if necessary. Review shall
be done by a certified soil tester, either as a tribal employee or
under contract.
(2)
Review of applications for sanitary permits. The Department
shall approve or disapprove applications for sanitary permits and
assist applicants in preparing an approved application.
(3)
Written notice. The Department shall issue written
notice to each applicant whose sanitary permit application is disapproved.
Each notice shall state the specific reasons for disapproval and amendments
to the application, if any, which would render the application approvable.
(4)
Inspections. The Department shall inspect 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. In the
case of Indian Health Service projects, the systems can be inspected
by the engineer in charge of the project, provided that inspection
reports are forwarded to the Department.
(5)
Reports and surveys. The Department shall file reports
and conduct surveys and inspections as required by the Tribe.
(6)
Investigate violations. The Department shall investigate
violations of this article and issue orders to abate the violations
and submit orders to law enforcement and the Tribal Prosecutor for
enforcement.
A.
Approvals.
(2)
Public buildings. Complete plans and specifications
shall be submitted in accord with this section. Such plans shall be
submitted to the Department prior to making application for a sanitary
permit. Written approval shall be received before sanitary permits
are issued for the initial installation of a private sewage system
or for the addition to, modification or replacement of the system,
if the system serves or will serve any public buildings.
B.
Submission of plans and specifications for public
buildings. All plans and specifications shall be submitted in duplicate
and include the following:
(1)
Plot plan. Detailed plot plan dimensioned or drawn to scale showing the lot size; the location of all septic tanks, holding tanks or other treatment tanks, building sewers, sanitary and storm, wells, water mains or water service, streams and lakes, dosing or pumping chambers, distribution boxes, effluent disposal systems, dual disposal systems, and disposal replacement areas; and the location of the public building served by such systems. Adjoining properties shall be checked to ensure that the site location distances in § 495-10A are complied with. All distances and dimensions shall be shown on the detailed plot plan.
(2)
Legal description. Legal description of the property
on which the system is to be installed.
(3)
Reference points. A vertical elevation reference point
and a horizontal reference point.
(4)
Soil data. Soil boring and percolation test data related
to the undisturbed and finished grade elevations and vertical elevation
reference point and horizontal reference point.
(5)
Contours for original grade. Ground slope with two-foot
contours for the original, undisturbed grade elevations of the entire
area of the soil absorption system and the area on all sides for a
distance of 25 feet.
(6)
Contours for altered sites. Ground slope with two-foot
contours for the grade elevation of the entire area of the soil absorption
system and the area on all sides for a distance of 25 feet after alteration
of the landscape.
(7)
Use and occupancy. Complete data relative to the maximum
expected use and occupancy of the building to be served considering
all anticipated future growth plans.
(8)
Other specifications. Complete specifications for
pumps and controls, including dose volume, elevation differences (vertical
lift), friction loss, pump performance curve, pump model and pump
manufacturer.
C.
Plan revisions. Revisions to approved plans and specifications
shall be approved by the Department
D.
Plan availability. One set of approved plans shall
be maintained at the project site during construction of any private
sewage system serving a public building.
A.
Plan examination required.
(1)
Plans and specifications for the following types of
private sewage systems shall be submitted to the Department prior
to making application for a sanitary permit:
(2)
When plans and specifications for a type of private sewage system specified in Subsection A(1) are submitted to the Department for review, written approval for the plans shall be obtained from the Department prior to a sanitary permit being issued for the system or installation of the system commences.
B.
Plan submission.
(1)
General. Plans shall be designed and submitted by
a registered architect, engineer, registered plumbing designer, or
master plumber.
(2)
Submitting data. All plans, preliminary or complete,
shall be submitted in duplicate. The plans that are submitted shall
be prints that are clear, legible and permanent. All pertinent data
shall be a part of or shall accompany all plans submitted for review.
(3)
Additions and alterations. This section shall apply
to all additions, alterations and modifications as well as to all
new private sewage systems and shall apply to all cases where there
is a change of the type of occupancy or use of the building which
requires changes to or intended use of the plumbing of private sewage
system so as to comply with this article for that occupancy or use.
C.
Revisions. After written approval is granted, plans
and specifications of the plumbing systems shall not be changed without
written consent of the Department and the designer of the system.
D.
Limitations. In granting approval of plans, specifications,
products, devices or materials, the Department is not liable for any
defects in construction nor for any damages that may result from the
specific installation.
E.
Plan availability. One set of approved plans shall
be maintained at the project site during construction of any private
sewage system approved under this section.
A.
General. Site evaluation shall be conducted by a soil
tester certified by the Wisconsin Department of Commerce in accord
with Ch. Comm 5, Wis Adm. Code. The evaluation shall include soil
conditions, properties and permeability, depth to zones of soil saturation,
depth to bedrock, slope, landscape position, all setback requirements
and the potential for flooding. Soil test data shall relate to the
undisturbed elevations, and a vertical elevation reference point or
benchmark must be established. Evaluation data shall be reported on
forms provided by the Wisconsin Department of Commerce and signed
by the certified soil tester. Reports shall be filed for all sites
investigated within 30 days of the completion of testing.
B.
Replacement system area.
(1)
General. On each parcel of land being initially developed,
sufficient area of suitable soils, based on the soil tests and system
location and site requirement contained in this article, for one replacement
system shall be established.
(2)
Nonconforming site conditions. The Department shall
be contacted for approval of replacement systems for all public buildings
and all buildings where site conditions do not permit systems in accord
with this article. Alternates for the disposal of effluent emanating
from existing structures may be accomplished by means other than those
outlined in this article, provided that detailed plans and specifications
are submitted to the Department for review and consideration. Written
approval shall be received from the Department prior to work commencing
on these systems.
(3)
Undisturbed site. The replacement system area shall
not be disturbed to the extent that it is no longer a suitable system
area. The replacement system area shall not be used for the following:
C.
Slope.
(1)
General. A conventional soil absorption system shall
not be located on a land slope of greater than 20%. A conventional
soil absorption system shall be located at least 20 feet from the
crown of a land slope that is greater than 20% except where the top
of the aggregate of a system is at or below the bottom of an adjacent
roadside ditch.
(2)
Specific system designs. Where a more restrictive
land slope is to be observed for a soil absorption system other than
a conventional system, the more restrictive land slope specified in
the design sections of this article shall apply.
D.
Soil borings and profile descriptions.
(1)
General. Soil borings shall be conducted on all sites
regardless of the type of private sewage system planned to serve the
parcel. Borings shall extend at least three feet below the bottom
of the proposed system. Borings shall be of sufficient size and extent
to determine the soil characteristics important to on-site liquid
waste disposal. Borehole data shall be used to determine the suitability
of the soils at the site with respect to zones of seasonal or permanent
soil saturation and the depth to bedrock. The use of power augers
for soil borings is prohibited.
(2)
Number. There shall be a minimum of three suitable
borings per soil absorption site. More soil borings may be necessary
for accurate evaluation of a site.
(a)
Depth of borings. Borings shall be constructed
to a depth of at least three feet below the proposed depth of the
system.
(b)
Exceptions. On new parcels, the requirement
of six borings (three for initial area and three for replacement area)
may be reduced to five if the initial and replacement system areas
are contiguous and one boring is made on each outer corner of the
contiguous area and the fifth boring is made between the system areas.
(c)
Reports. Regardless of the number of borings
evaluated and conditions observed in borings, all soil information
derived from borings shall be reported.
(d)
Location. Each borehole location shall be accurately
located and referenced to the vertical elevation and horizontal reference
point. Reports of boring locations shall be either drawn to scale
or have the horizontal dimensions clearly indicated between the borings
and the horizontal reference point.
(3)
Soil descriptions. Soil profile descriptions shall
be written for all borings. The thickness in inches of the different
soil horizons observed shall be indicated. Horizons shall be differentiated
on the basis of color, texture, soil mottles or bedrock. Depths shall
be measured from the ground surface.
(4)
Soil mottles. Zones of seasonal or periodic soil saturation
shall be estimated at the highest level of soil mottles. The Department
may require a detailed description of the soil mottling on a marginal
site. The abundance, size, contrast and color of the soil mottles
should be described in the following manner:
(a)
Abundance. Abundance shall be described as "few"
if the mottled color occupies less than 2% of the exposed surface;
"common" if the mottled color occupies from 2% to 20% of the exposed
surface; or "many" if the mottled color occupies more than 20% of
the exposed surface.
(b)
Size. Size refers to the length of the mottle
measured along the longest dimension and shall be described as "fine"
if the mottle is less than five millimeters; "medium" if the mottle
is from five millimeters to 15 millimeters; or "coarse" if the mottle
is greater than five millimeters.
(c)
Contrast. Contrast refers to the difference
in color between the soil mottle and the background color of the soil
and is described as "faint" if the mottle is evident but recognizable
with close examination; "distinct" if the mottle is readily seen but
not striking; or "prominent" if the mottle is obvious and one of the
outstanding features of the horizon.
(d)
Color. The color(s) of the mottle(s) shall be
given.
(5)
Observed groundwater. The depth to groundwater, if
present, shall be reported. Observed groundwater shall be reported
at the level groundwater reached in the soil borehole or at the highest
level of sidewall seepage into the boring. Measurements shall be made
from ground level. Soil above the water level in the boring shall
be checked for the presence of soil mottles.
(6)
Color patterns not indicative of soil saturation.
(a)
One-foot exception. Soil profiles that have
an abrupt textural change with finer textured soils overlying more
than four feet of unmottled, loamy sand or coarser soils can have
a mottled zone in the finer textured material. If the mottled zone
is less than 12 inches thick and is immediately above the textural
change, than a soil absorption system may be installed in the loamy
sand or coarser material below the mottled layer. If any soil mottles
occur within the sandy material, then the site shall be unsuitable.
The Department may determine certain coarse sandy loam soils to be
included as a coarse material.
(b)
Other soil color patterns. Soil mottles can
occur that are not due to zones of seasonal or periodic soil saturation.
Examples of such soil conditions, not limited by enumeration, are:
[1]
Soil mottles formed from residual sandstone
deposits.
[2]
Soil mottles formed from uneven weathering of
glacially deposited material, or glacially deposited material that
may be naturally gray in color. This may include concretionary material
in various stages of decomposition.
[3]
Deposits of lime in a profile derived from highly
calcareous parent material.
[4]
Light-colored silt coats deposited on soil ped
faces.
[5]
Soil mottles that are usually vertically oriented
along old or decayed root channels with a dark organic stain usually
present in the center of the mottled area.
(c)
Reporting exceptions. A certified soil tester
shall report any mottled soil condition. If soil mottles are observed
that may not be due to soil saturation, the soil tester still shall
report such condition and may request a determination from the Department
on the acceptability of the site.
(7)
Bedrock. The depth to bedrock, except sandstone, shall
be established at the depth in a soil boring where greater than 50%
of the weathered in-place material is consolidated. Sandstone bedrock
shall be established at the depth where an increase in resistance
to penetration of a knife blade occurs.
E.
Soil evaluation for absorption systems. System sizing and siting for all soil absorption systems shall be based on soil morphological conditions specified in Subsection D and Table 1[1] or percolation tests conducted prior to July 1, 1994.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
F.
Percolation test results for sizing absorption systems.
The sizing of soil absorption systems shall be based upon Table 2.[2]
[2]
Editor's Note: Table 2 is included at the end of this chapter.
G.
Verification.
(1)
Borings. Depth to soil mottles, depth to high groundwater,
soil textures, depth to bedrock and land slope may be subject to verification
by the Department. The Department may require backhoe pits to be provided
for verification of soil boring data.
(2)
Filling. Where the natural soil condition has been
altered by filling or other methods used to improve wet areas, the
Department may require observation of high groundwater levels under
saturated conditions.
H.
Winter soil testing.
(1)
General. Soil testing should be done only when weather
and light conditions make accurate evaluation of site conditions possible.
Soil testing attempted under winter conditions is difficult and precautions
should be observed.
(2)
Soil borings. Soil borings and profile evaluations
conducted between November 15 and March 15 shall be in accord with
the following procedures:
(a)
Borings shall be made with a backhoe.
(b)
Soil profiles shall only be evaluated between the hours of 10:00
a.m. and 2:00 p.m. Soil profiles shall not be evaluated during times
when the sky is completely overcast.
(c)
When soil horizons are frozen, soil material must be thawed for hand
texturing.
A.
Soil absorption site location. The surface grade of
all soil absorption systems shall be located at a point lower than
the surface grade of any nearby water well or reservoir on the same
or adjoining property; however, when this is not possible, the site
shall be so located that surface water drainage from the site is not
directed toward any well or reservoir and will bypass the well or
reservoir by several feet. The soil absorption system shall be located
not less than five feet from any lot line; 10 feet from a water service
or an uninhabited slab-constructed building; 15 feet from any swimming
pool or habitable slab-constructed building measured from the slab;
25 feet from the below-grade foundation of any occupied or habitable
building or dwelling, public water main or cistern; 50 feet from any
water well or reservoir; and 100 feet from the high-water mark of
any lake, stream or other watercourse. Private sewage systems in compacted
areas such as parking lots and driveways are prohibited. Surface waters
shall be diverted away from any soil absorption site on the same or
neighboring lots.
B.
Groundwater, bedrock or slowly permeable soils. There
shall be a minimum of three feet of soil between the bottom of the
soil absorption system and high groundwater or bedrock. Soil having
a infiltration rate of 0.2 gallon per square foot per day or more
shall exist for the depth of the proposed soil absorption system and
for at least three feet below the proposed bottom of the soil absorption
system. There shall be 56 inches of suitable soil from original grade
for a conventional soil absorption system.
C.
Percolation rate or soil evaluation for trench or
bed. A trench- or bed-type soil absorption system shall not be installed
if the percolation rate for any one of the three tests is greater
that 60 minutes per inch. The soil infiltration rate listed in Table
1[1] or the slowest percolation rate shall be used to determine
sizing of the soil absorption area.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
D.
Percolation rate or soil evaluation for seepage pit.
For a seepage pit, the infiltration rate determined from Table 1 shall
be used to size the soil absorption area.
E.
Soil maps. When a parcel of land consists entirely
of soils having very severe or severe limitations for on-site liquid
waste disposal as determined by use of a detailed soil map and interpretative
data, that map and interpretative data may be used as a basis for
denial for an on-site waste disposal system. However, the property
owner shall be permitted to present evidence that a suitable site
for an on-site liquid waste disposal system does exist.
F.
Filled area.
(1)
Department approval. A soil absorption system shall
not be installed in a filled area unless written approval is received
from the Department.
(2)
Site and soil requirements.
(a)
Bedrock. Sites that have less than 56 inches
but at least 30 inches of soil over bedrock, where the original soil
texture is sand or loamy sand, may be filled with the same soil texture
as the natural soil or coarser material up to and including medium
sand in an attempt to overcome the site limitations. The fill material
shall not be of a finer texture that the natural soil.
(b)
High groundwater. Sites that have less than
56 inches of soil over high groundwater or estimated high groundwater,
where the original soil texture is sand or loamy sand, may be filled
following the criteria noted in this subsection.
(c)
Natural soil. Sites with soils finer than sand
or loamy sand shall not be approved for systems in fill.
(d)
Inspection of fill. Placement of the fill material
shall be inspected by the Department.
(3)
Design requirements.
(a)
Size. A filled area shall be large enough to
accommodate a shallow trench system and a replacement system. The
size of the filled area shall be determined from the soil infiltration
rate as determined from Table 1, based on natural soil and use of
the building. When any portion of the trench system or its replacement
is in the fill, the fill shall extend to two feet beyond all sides
of both systems before the side slope of the fill begins.
(b)
Soil test. Soil borings shall be conducted before
filling to determine soil textures and depth to high groundwater or
bedrock.
(c)
Topsoil. Vegetation and topsoil shall be removed
prior to filling.
(d)
Side slope. Slopes at the edge of the filled
areas can be a maximum ratio of three to one, provided that the two-foot
separating distance is maintained.
G.
Altering slopes. In some cases, areas with slopes exceeding those specified in § 495-9C(1) may be graded and reshaped to provide soil absorption sites. Care must be taken when altering any natural landscapes. Successful site alteration may be accomplished in accord with the following:
(1)
Site investigation. Soil test data shall show that a sufficient depth of suitable soil material is present to provide the required amount of soil over bedrock and groundwater after alteration. In addition, a complete soil evaluation as specified in § 495-9 shall be performed after alteration of the site.
(2)
System location. A soil absorption system must be
installed in the cut area of an altered site. A soil absorption system
shall not be installed in the fill area of an altered site. The area
of fill on an altered site may be used as a portion of the required
twenty-foot separating distance from the crown of a critical slope.
There shall be a minimum of six feet of natural soil between the edge
of a system area and the downslope side of the altered area.
(3)
Site protection. All altered slope areas shall be
altered such that surface water drainage will be diverted away from
the system areas. In some cases this may require the use of grassed
waterways or other means of diverting surface waters. All disturbed
areas shall be seeded or sodded with grass, and appropriate steps
must be taken to control erosion.
A.
General. Effluent from septic tanks and other approved
treatment tanks shall be disposed of by soil absorption or by such
other manner approved by the Department.
(1)
Daily wastewater volumes of 5,000 gallons or less.
For systems having a daily effluent application of 5,000 gallons or
less, sizing shall be in accord with this section.
(2)
Daily wastewater volumes of 5,000 gallons of more.
For systems receiving effluents in excess of 5,000 gallons per day,
this section shall apply, except that two systems of equal size shall
be required. Each system shall have a capacity of no less than 75%
of the area required for a single system. A suitable means of alternating
waste application shall be provided. The dual system shall be considered
as one system.
B.
Method of discharge.
(1)
Daily flow 1,500 gallons or less. For facilities having
a daily effluent application of 1,500 or less, flow from the septic
or treatment tank to the soil absorption system may be by gravity
or by dosing.
(2)
Systems over 1,500 gallons. For systems over 1,500
gallons, the tank effluent must be discharged by pumping or by use
of an automatic siphon.
C.
Sizing residential systems.
(1)
Sizing based upon percolation tests. The minimum amount
of soil absorption area for a gravity flow system to serve a one-
or two-family dwelling based upon percolation results shall be determined
in accordance with Table 2[1] depending on:
(a)
The total number of bedrooms contained within
the dwelling; and
(b)
The method of absorption: trench, bed, or pit.
[1]
Editor's Note: Table 2 is included at the end of this chapter.
(2)
Sizing based upon soil evaluation. The minimum amount
of soil absorption area for a gravity flow system to serve a one-
or two-family dwelling based upon soil evaluation shall be determined
by dividing the wastewater flow of 150 gallons per day per bedroom
by the appropriate loading factor specified in Table 1.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
D.
Sizing public building systems.
(1)
Sizing based upon soil evaluation. The minimum amount
of soil absorption area for a gravity flow system to serve a building
or structure other than a one- or two-family dwelling based upon soil
evaluation shall be determined by dividing the appropriate wastewater
flow as specified in Table 3 by the appropriate loading factor specified
in Table 1.[3]
[3]
Editor's Note: Tables 1 and 3 are included
at the end of this chapter.
(2)
Sizing based upon percolation tests. Percolation tests
shall not be used to size soil absorption systems for a building or
structure other than a one- or two-family dwelling.
A.
Seepage trench excavations. Seepage trench excavations
shall be one to five feet in width. Trench excavations shall be spaced
at least six feet apart. The absorption area of a seepage trench shall
be computed by using the bottom area only. The bottom area of the
distribution header excavation shall not be computed as absorption
area. Individual seepage trenches should not be over 100 feet long.
B.
Seepage bed excavations. Seepage bed excavations shall
be more than five feet wide and have more than one distribution pipe.
The absorption area of a seepage bed shall be computed by using the
bottom area only. Distribution piping in a seepage bed shall be uniformly
spaced, no more than six feet and no less than three feet apart, and
no more than three feet from the sidewall.
C.
Seepage pits. A seepage pit shall have a minimum inside diameter of five feet and shall consist of a chamber walled up with material such as perforated precast concrete ring, concrete block, brick or other material approved by the Department which allows effluent to percolate into the surrounding soil. The pit bottom shall be left open to the soil. Aggregate of 1/2 to 2 1/2 inches in size shall be placed into a six-inch minimum annular space separating the outside wall of the chamber and sidewall excavation. The depth of the annular space shall be measured from the inlet pipe to the bottom of the chamber. Each seepage pit shall be provided with a twenty-four-inch manhole extending to within six inches of the ground surface and a four-inch-diameter fresh air inlet which shall meet the requirements of Subsection G. An observation pipe is not required. Seepage pits shall be located six feet or more apart. Excavation and scarifying shall be in accord with Subsection D. The effective area of a seepage pit shall be the vertical wall area of the walled-up chamber for the depth below the inlet for all strata for which the percolation rates are less than 30 minutes per inch. The six inches of annular opening outside the vertical wall area may be included for determination of effective area. Table 4 may be used for determining the effective sidewall area of circular seepage pits.[1]
[1]
Editor's Note: Table 4 is included at the end of this chapter.
D.
Excavation and construction. The bottom of a trench
or bed excavation shall be level. Seepage trenches or beds shall not
be excavated when the soil is so wet that soil material rolled between
the hands will form a soil wire. All smeared or compacted soil surfaces
in the sidewalls or bottom of the seepage trench or bed excavation
shall be scarified to the depth of smearing or compaction and the
loose material removed. If rain falls on an open excavation, the soil
must be left until dry enough that a soil wire will not form when
soil from the excavation bottom is rolled between the hands. The bottom
area shall then be scarified and loose material removed.
E.
Aggregate and backfill. A minimum of six inches of
aggregate ranging in size from 1/2 to 2 1/2 inches shall be laid
into the trench or bed below the distribution pipe elevation. The
aggregate shall be evenly distributed a minimum of two inches over
the top of the distribution pipe. The aggregate shall be covered with
synthetic materials approved by the Department or with nine inches
of uncompacted marsh hay or straw. Building paper shall not be used
to cover the aggregate. A minimum of 18 inches of soil backfill shall
be provided above the covering.
F.
Distribution piping.
(1)
General. Distribution piping for gravity systems shall
be a minimum of four-inch I.D. approved pipe. The distribution header
shall be constructed of approved solid wall pipe. The top of the distribution
piping shall be laid eight to 42 inches below the original surface
in continuous straight or curved lines. The slope of the distribution
pipes shall be two to four inches per 100 feet.
(2)
Distribution of effluent. Distribution of effluent
to seepage trenches on sloping sites may be accomplished by utilizing
a drop box design. Where dosing is required, the siphon or pump shall
discharge a dose of minimum capacity equal to 75% of the combined
volume of the distribution piping in the absorption system. When dosing
is required, the dosing frequency shall be a maximum four times daily.
G.
Fresh air inlets and observation pipe. Fresh air observation
inlets shall be provided and connected to the perforated distribution
pipe with an approved fitting or junction box and be placed so as
to assure a free flow of air throughout the entire installation. The
vent pipes shall be at least four inches in diameter and extend at
least 12 inches above the final grade and terminate with an approved
vent cap. The observation pipe shall be perforated and extend to the
bottom of the aggregate. Fresh air inlets shall be located at least
25 feet from any window, door or air intake of any building used for
human habitation. A maximum of four distribution pipelines may be
served by one common four-inch vent when interconnected by a common
header pipe.
H.
Winter installation.
(1)
General. Installation of soil absorption systems during
periods of adverse weather conditions is not recommended. A soil absorption
system shall not be installed if the soil at the system elevation
is frozen.
(2)
Removal of snow cover. Snow cover must be removed
from the soil absorption area before excavation begins. Snow must
not be placed in a manner that will cause water to pond on the soil
absorption system area during snowmelt.
(3)
Excavated and backfill material. Excavated soil material
may be used as backfill for the system if the following conditions
are met:
(a)
The excavated material must be protected from freezing. If the excavated
material freezes solid, it shall not be used as backfill.
(b)
The first 12 inches of backfill shall be loose, unfrozen soil.
(c)
The protective covering over the bed or trench gravel shall be synthetic
material approved by the Department or nine inches of uncompacted
marsh hay or straw.
(4)
System inspection. Inspection of systems installed
during winter conditions shall include inspection of the trench or
bed excavation prior to placement of gravel and inspection of backfill
material at the time of placement.
A.
General. A pressure distribution system may be used on any site meeting the criteria listed in § 495-10. There shall be a minimum depth to the top of the distribution piping of six inches from original grade. The minimum required suitable soil depths from the original grade for a pressure distribution network are as follows:
B.
Soil absorption area.
(1)
Sizing. The required soil absorption area shall be
determined by dividing the total daily wastewater flow by the design
loading rate.
(2)
Estimating wastewater flow.
(a)
Residential. The estimated wastewater flow from
a residence shall be 150 gallons per bedroom per day.
(b)
Public buildings. Daily wastewater flow rates from public buildings shall be based on the usage factors listed in § 495-14C(3)(b).
(3)
Design loading rate. Loading rates based on soil evaluation conducted in accordance with § 495-9E shall be based on using Table 1.[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
C.
Pressure distribution system design.
(1)
General. Pressure distribution systems may discharge
effluent into trenches or beds. Each pipe that is connected to an
outlet of a manifold shall be counted as a separate distribution pipe.
The horizontal spacing of distribution pipes shall be 30 to 72 inches.
All distribution piping should be installed at the same elevation,
or the plans and specifications shall provide for a design that ensures
equal flow through each of the perforations.
(2)
Design calculations. Pressure distribution systems
requiring less than 5,000 square feet of absorption area shall be
designed using Tables 5 through 11.[2] Systems requiring more than 5,000 square feet of absorption
area shall be designed using design specifications and calculations
other than those specified in Tables 5 through 11. Design specifications
and calculations must be submitted and include perforation discharge
rate, total headloss through the distribution piping, headloss through
manifold piping, pump or siphon size and dosing volume. Formulas for
these calculations may be obtained from the Wisconsin Department of
Commerce.
[2]
Editor's Note: Tables 5 through 11 are included
at the end of this chapter.
(3)
Distribution pipe size. Distribution pipe diameters
vary depending on the length of bed or trenches. Table 5 specifies
maximum allowable distribution pipe lengths for various pipes and
perforation size.
(4)
Manifolds.
(a)
Size. The size of the manifold is based on the
number, length and discharge rate of the distribution pipes. Table
6 shall be used for calculating distribution pipe discharge rate.
Table 7 shall be used for calculating manifold diameter.
(b)
Distribution pipe connection. Distribution pipes
should be connected to the manifold with tees or ninety-degree ells.
Distribution pipes shall have the ends capped.
(5)
Force main. The size of the force main between the
pump and the manifold shall be based on the friction loss and velocity
of effluent through the pipe. Force mains shall be constructed of
approved pipe.
D.
E.
Pumps and pump controls.
(1)
Pump selection. Pump selection shall be based on the
pump performance curve of the model selected. Pumps shall be rated
by the manufacturer for use for sewage or effluent. The pump shall
be capable of providing a minimum of 2.5 feet of head at all of the
perforations in the distribution network.
(2)
Discharge rate. Table 8 shall be used to determine
pump dosing rate based on the distribution pipe discharge rate and
number of distribution pipes.
(3)
Friction loss. Table 9 is the friction loss chart
for Schedule 40 plastic pipe (C = 150). The diameter of the pipe shall
be increased if the velocity falls in the excessive range based upon
flow rates in Table 9.
(4)
Pump and alarm controls.
(a)
General controls. The control system for the
pumping chamber shall consist of a control for operating the pump
and an alarm system to detect when the pump is malfunctioning. Pump
controls should be selected which give flexibility in adjusting the
on/off depth. All pump and alarm controls shall be approved by the
Department. Pressure diaphragm switches shall not be used. The following
types of controls may be used:
[1]
Mercury level control. Mercury level control
switches consist of a mercury switch sealed inside a bulb. Strictly
an on/off switch, two are required.
[2]
Adjustable weight switch. Adjustable weight
switches consist of a control located above the water level and two
weights attached to a single cable which extends into the liquid.
(b)
Alarm system. The alarm system shall consist
of a bell or light mounted in the structure and shall be located so
it can be easily seen or heard. The high water warning device shall
be installed two inches above the depth set for the on pump control.
Alarm systems shall be installed on a separate circuit from the electrical
service.
(c)
Electrical connections. Electrical connections
shall be located outside the pumping chamber. All wiring to the pump
chamber shall be installed in conduit.
(d)
Duplex pumps. When two or more pumps are employed
within a dosing tank, the pumps shall be interconnected such that
the pumps alternate dosing and dosing continues in the event that
one pump fails. Failure of a pump shall activate an alarm which is
to remain audible or visible until manually turned off.
F.
Dosing. The dosing frequency shall be a maximum of
four times daily. To establish the volume per dose, divide the daily
wastewater flow by the dosing frequency. In addition, the dosing volume
shall be at least 10 times the capacity of the distribution pipe volume.
Table 10 provides the void volume for various pipe diameters. Table
11 shall be used to determine minimum dose volume based on distribution
pipe diameter, length and number of distribution pipes.
A.
General. Septic tanks shall be fabricated or constructed
of welded steel, monolithic concrete, fiberglass or other materials
approved by the Department. All tanks shall be watertight and fabricated
so as to constitute an individual structure. The design of prefabricated
septic tanks shall be approved by the Wisconsin Department of Commerce.
Site-constructed concrete tanks shall not be installed.
B.
Design of septic tanks.
(1)
Liquid depths. The liquid depth shall not be less
than three feet nor more than an average of six feet. The total depth
shall be at least eight inches greater than the liquid depth.
(2)
Rectangular tanks. Rectangular tanks shall have a
minimum width of 36 inches and shall be constructed with the longest
dimensions parallel to the direction of flow.
(3)
Cylindrical tanks. Cylindrical tanks shall have an
inside diameter of not less than 48 inches.
(4)
Label. Each prefabricated tank shall be clearly marked
to show liquid capacity and the name and address or registered trademark
of the manufacturer. The markings shall be impressed into or embossed
onto the outside wall of the tank immediately above the outlet opening.
(5)
Materials. For septic tank material and construction
specifications see § Comm 83.20, Wis. Adm. Code.
(6)
Inlet and outlet. The inlet and outlet on all tanks
or tank compartments shall be provided with open-end coated sanitary
tees or baffles made of approved materials, so constructed as to distribute
flow and retain scum in the tank or compartments. The inlet and outlet
openings on all tanks shall contain a "boss" stop or other provision
which will prevent the insertion of the sewer piping beyond the inside
wall of the tank. The tees or baffles shall extend at least six inches
above and nine inches below the liquid level, but not to exceed 1/3
the liquid depth. At least two inches of clear space shall be provided
over the top of the baffles or tees. The bottom of the outlet opening
shall be at least two inches lower than the bottom of the inlet.
(7)
Manholes.
(a)
Each single-compartment tank and each unit of
a multicompartment tank shall be provided with at least one manhole
opening located over either the inlet or outlet opening.
(b)
Manholes and manhole risers for tanks shall
provide an inside clearance of no less than 24 inches in diameter.
(d)
Steel and fiberglass tanks.
[1]
Tanks of steel and fiberglass shall be provided
with collars to accommodate manhole risers or extensions.
[2]
Collars for steel tanks and fiberglass tanks
shall be of the same material as the tank.
[3]
Collars for steel tanks and fiberglass tanks
shall be at least two inches in height.
[4]
Collars for steel tanks shall be permanently
welded to the tank.
[5]
Collars for fiberglass tanks shall be an integral
part of the tank.
(8)
(9)
Inspection opening. An inspection pipe shall be provided
directly over any inlet baffle or outlet baffle for a tank compartment
over which a manhole opening is not provided. An inspection pipe shall:
C.
Capacity and sizing.
(1)
Minimum capacity. The capacity of a septic tank or
other treatment tank shall be based on the number of persons using
the building to be served or upon the volume and type of waste. The
minimum liquid capacity shall be 750 gallons.
(2)
Multiple tanks. When the required capacity is to be
provided by more than one tank, the minimum capacity of any tank shall
be 750 gallons. When three or four tanks are installed, approval of
the design of the system shall be obtained from the Department. The
installation of more than four tanks in series is prohibited.
(3)
Sizing of tank.
(a)
Residential. The minimum liquid capacity for
one- and two-family residences is shown on Table 12.[1]
[1]
Editor's Note: Table 12 is included at the end of this chapter.
(b)
Public buildings. For buildings other than one- and two-family residences
the liquid capacity shall be increased above the minimum of 750 gallons
as established in Table 13.[2] For such buildings having kitchen and/or laundry waste,
the tank capacity shall be increased to receive the anticipated volume
for a twenty-four-hour period from the kitchen and/or laundry. The
liquid capacities established in Table 13 do not include employees.
[2]
Editor's Note: Table 13 is included at the end of this chapter.
D.
Installation.
(1)
Location.
(a)
The location of sewage treatment tanks and pump
and siphon tanks shall be in conformance with the setback distances
listed in Table 14.[3]
[3]
Editor's Note: Table 14 is included at the end of this chapter.
(b)
Location within or under building.
[1]
A sewage treatment tank may not be located within a building or under a building, except as permitted in Subsection D(1)(b)[2].
[2]
A sewage treatment tank and pump or siphon tank may be located either
under a cantilevered portion of a building or under an unenclosed
deck structure, if at least five feet of vertical clearance for servicing
purposes is provided between the top of the manhole and the obstruction.
(c)
No structural supports of buildings, portions
of buildings, decks or porches may rest upon any portion of a sewage
or other treatment tank.
(2)
Groundwater. If the tank is to be installed in groundwater,
adequate anchoring shall be made.
(3)
Bedding. A three-inch-thick compacted bedding shall
be provided for all septic and other treatment tank installations.
The bedding material shall be sand, gravel, granite, limerock or other
noncorrosive materials of such size that 100% will pass a one-half-inch
screen.
(4)
Backfill.
(a)
Steel and fiberglass tanks. The backfill material
for steel and fiberglass tanks shall be as specified for bedding and
shall be tamped into place, care being taken to prevent damage to
the coating.
(b)
Concrete tanks. The backfill for concrete tanks
shall be soil material, 100% of which shall pass a four-inch screen
and shall be tamped into place.
(5)
Manhole riser joints.
(a)
Concrete. All joints on concrete risers and
manhole covers shall be tongue and groove or shiplap type and sealed
watertight using neat cement, mortar or bituminous compound.
(b)
Steel. All joints on steel risers shall be welded
or flanged and bolted and be watertight. All steel manhole extensions
shall be bituminous coated inside and outside.
(c)
Fiberglass. All methods of attaching fiberglass
risers shall be watertight and approved by the Department.
E.
Dosing tanks.
(1)
(2)
Capacity and sizing of pump tanks. The minimum liquid capacity of a dosing tank or a dosing tank compartment employing one pump shall be determined from the distance between the bottom of the tank and the level of the inlet pipe to accommodate the cumulative volumes as specified in Subsection E(2)(a) to (d). The minimum liquid capacity of a dosing tank or dosing tank compartment employing multiple pumps shall accommodate the cumulative volumes as specified in Subsection E(2)(b) to (d).
(a)
A reserve capacity shall be provided above the
high water alarm that is at least equal to the daily wastewater discharged
from the building served. This volume shall be determined for one-
and two-family residence based on 100 gallons per bedroom or by using
Table 13 for other uses.[4]
[4]
Editor's Note: Table 13 is included at the end of this chapter.
(b)
The dose volume shall be provided as determined by the system type as specified in §§ 495-12F(2) and 495-13F.
(c)
A liquid volume between the pump "on" setting
and the alarm float level shall be provided.
(d)
A liquid volume shall be provided as calculated
from the bottom of the tank to the pump "off" setting.
(3)
Capacity and sizing of siphon tanks. The minimum liquid
capacity of a dosing tank employing a siphon shall be sufficient to
accommodate volumes necessary to provide dosing as specified by the
system type.
No products for chemical restoration or chemical
restoration procedures for private sewage systems may be used unless
approved by the Department.
A.
Approval. Plans shall be submitted to the Department
for each application to install a holding tank. An application for
a holding tank shall not be approved if:
B.
Prohibition of holding tanks for new construction.
Holding tanks are prohibited for new construction.
C.
Holding tanks on properties with existing buildings.
Holding tanks shall be allowed when the use of a holding tank is the
only available alternative for the disposal of sanitary liquid for
an existing building.
D.
Service contracts, agreements and statements.
(1)
Service contract.
(a)
Prior to approving the installation of a holding
tank, the owner of the holding tank shall contract with a person/company
to have the holding tank serviced. The owner shall file a copy of
the contract or registration with the Department prior to approval
of the installation. The owner shall file a copy of any changes to
the service contract or a copy of a new service contract with the
Department within 10 business days from the date of change to the
service contract.
(b)
The person responsible for servicing a holding tank under Subsection D(1)(a) shall submit to the Department a report for the servicing on a semiannual basis. The service report shall include:
[1]
The name and address of the person responsible
for servicing the holding tank;
[2]
The name of the owner of the holding tank;
[3]
The location of the property on which the holding
tank in installed;
[4]
The dates on which the holding tank was serviced;
[5]
The volume in gallons of the contents pumped
from the holding tank for each servicing; and
[6]
The disposal sites to which the contents from
the holding tank were delivered.
(2)
Agreement.
(a)
The owner shall enter into agreement with the
Tribe guaranteeing the holding tank will be serviced in such a manner
so as to prevent a nuisance, environmental hazard, or health hazard.
(b)
The pumping agreement required under Subsection D(2)(a) shall be binding upon the owner, the heirs of the owner and assignees of the owner. The owner shall file the pumping agreement with the Community Development Department. Upon receipt of a holding tank agreement, the Community Development Department shall record the agreement 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.
(3)
The owner of a building or facility which will discharge
more than 3,000 gallons of wastewater per day to one or more holding
tanks shall provide a written statement to the Department describing
the method of final disposal for the septage from the holding tanks.
The Department may not approve these types of holding tanks until
the Department determines the final disposal methods are acceptable.
E.
Sizing.
(1)
One- and two-family residences. The minimum liquid
capacity of a holding tank for one- and two-family residences is listed
in Table 15.[1]
[1]
Editor's Note: Table 15 is included at the end of this chapter.
(2)
Public buildings. Public buildings shall have a minimum five-day holding capacity, but not less than 2,000 gallons. Sizing shall be in accord with § 495-14C(3)(b). The minimum of 750 gallons referred to in § 495-14C(3)(b) does not apply to holding tanks. No more than four holding tanks installed in series will be permitted.
F.
Construction. Holding tanks shall be constructed of
welded steel, monolithic concrete, glass-fiber reinforced polyester
or other materials approved by the Department.
G.
Installation.
(1)
Location.
(a)
Holding tanks shall be located in conformance
with the setback distances listed in Table 14.[2]
[2]
Editor's Note: Table 14 is included at the end of this chapter.
(b)
The service port or manhole cover of a holding
tank shall be located no more than 25 feet from a service drive or
road.
(2)
Warning device. A high water warning device shall
be installed so that it activates one foot below the inlet pipe. This
device shall be either an audible or illuminated alarm. If the latter,
it shall be conspicuously mounted. Electrical junction boxes, including
warning equipment junctions, shall be located outside the holding
tank unless they are housed in waterproof, explosion-proof enclosures.
Electrical relays or controls shall be located outside the holding
tank.
(3)
Manholes. Each tank shall be provided with a manhole
opening no less than 24 inches inside diameter extending to a minimum
of four inches above ground. Finish grade must be sloped away from
the manhole to divert surface water from the manhole. Each manhole
cover shall have an effective locking device. Manhole covers may have
a service port reduced in size to eight inches inside diameter four
inches above finish grade level. The reduced opening must have an
effective locking cover or a brass cleanout plug. Reduced locking
devices or cleanouts must be approved by the Department.
(4)
Septic tank. If an approved septic tank is installed
to serve as a holding tank, the inlet and outlet baffle may be removed
and the outlet shall be sealed.
H.
Service suction and discharge lines.
(1)
A service suction line or discharge line serving a
holding tank for servicing purposes shall:
(a)
Be constructed of piping materials approved
by the Department;
(b)
Terminate with a service port consisting of
a quick-disconnect fitting with a removable plug;
(c)
Have the service port of the suction line terminate
at least two feet above final grade;
(d)
Have the service port identified as a sewage
suction line with a permanent sign with lettering at least two inches
in height;
(e)
Have the service port secured to a permanent
support;
(f)
Be protected against frost, unless the entire
length of the line is drained after each pumping of the tank; and
(g)
Be at least three inched in diameter.
(2)
A suction line serving a holding tank may not be installed
such that the tank can be drained by gravity or by siphonic action.
I.
Tank in floodplain.
(1)
Vent. A vent serving a holding tank located in a floodplain
shall terminate at least two feet above the established regional flood
elevation.
(2)
Anchoring. Anchoring of a holding tank located in
a floodplain shall be provided to counter buoyant forces caused by
a regional flood or periodic saturated soil conditions using the following
formula: weight of the tank plus the weight of the anchor = 1.5 x
(volume of water the tank displaces) x [the weight of water (62.4
pounds/cubic foot at 39° F.)].
(3)
Manhole. For a holding tank located in a floodplain:
A.
No part of a private sewage system may be covered
by backfill until the Department has had an opportunity to inspect
the system in accordance with this section. In the case of private
sewage systems installed under an Indian Health Service (IHS) contract
under the direct supervision of Indian Health Service personnel, the
Department may waive the inspection if the IHS person in direct supervision
provides an as-built drawing of the system.
(1)
The plumber responsible for the installation of a
private sewage system shall notify the Department when the system
is ready for inspection. The notification shall be in person, in writing,
or by telephone or electronic communication.
(2)
The plumber shall be responsible for maintaining records
of the inspection notifications. The records shall include information
relative to the date and time of notification and the person contacted.
(3)
If an inspection is not made by the end of the next
workday, excluding Saturdays, Sundays and holidays, after notifying
the county, the plumber may proceed with the installation of the system,
including backfilling.
All materials, fixtures or devices sold, used
or entering into construction of a private sewage system or parts
thereof shall comply with § Comm 83.20, Wis. Adm. Code.
A.
General. Building sewers which terminate in a septic tank shall meet the same general criteria as listed in § 495-19, except where specified in this section. All sanitary or special type drainage systems shall be connected by means of independent connections with a public sewer, approved private interceptor main sewer or private sewage system.
B.
Cover. Building sewers which terminate in a septic
tank shall not be less than 18 inches from the top of the pipe to
finished grade.
C.
Materials. All building sewers which terminate in
a septic tank shall be constructed of cast iron, vitrified clay, concrete,
asbestos cement, plastic or bituminous fiber pipe or other approved
materials. The pipe from the septic tank to the soil absorption area
shall be constructed of solid wall pipe.
A.
Soil and site requirements.
(1)
General. The installation of a mound in a floodplain
or filled area is prohibited. Removal of fill material may not make
a site suitable. A mound shall not be installed in a compacted area.
A mound shall not be installed over a failing private sewage system.
(2)
Soil borings and percolation tests. A minimum of three soil borings shall be conducted in accord with § 495-9 to determine depth to seasonal or permanent soil saturation or bedrock. Identification of replacement system area is not required.
(a)
Slowly permeable soils with or without high
groundwater. Mound sizing shall be based on soil evaluation. The most
limiting condition from Table 1[1] that occurs within the top 12 inches of natural soil shall
be used to determine the soil loading factor.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(b)
Shallow permeable soils over creviced bedrock.
Mound sizing shall be based on soil evaluation. The most limiting
condition from Table 1 that occurs within the top 12 inches of natural
soil shall be used to determine the soil loading factor.
(c)
Permeable soils with high groundwater. Mound
sizing shall be based on soil evaluation. The most limiting condition
from Table 1 that occurs within the top 12 inches of natural soil
shall be used to determine the soil loading factor.
(3)
Depth to pervious rock. There shall be at least 24
inches of unsaturated natural soil over creviced or porous bedrock.
(4)
Depth to groundwater.
(a)
Except as provided in Subsection A(4)(b), a mound system shall be allowed where at least 24 inches of unsaturated natural soil exist above estimated high groundwater as indicated by soil morphological conditions.
(b)
A mound system replacing an existing private
sewage system shall be allowed where less than 24 inches of unsaturated
natural soil exists above estimated high groundwater, provided that:
[1]
The soils are not mottled or gleyed in the "E"
or "B" horizon which is within four inches of the bottom of the "A"
horizon; and
[2]
The cumulative depth of sand fill, as specified in Subsection B(4)(a)[1], and a depth of suitable soil provides at least three feet of vertical separation to high groundwater.
(6)
Depth to rock strata or 50% by volume rock fragments.
There shall be at least 60 inches of soil over uncreviced impermeable
bedrock. If the soil contains 50% coarse fragments by volume in the
upper 24 inches, a mound cannot be installed unless there is at least
24 inches of permeable, unsaturated soil that has less than 50% coarse
fragments beneath this layer.
B.
Mound design and dimensions.
(1)
Design criteria.
(a)
A mound system to be installed on a site where there is at least 24 inches of unsaturated natural soil above estimated high groundwater, bedrock or slowly permeable soils shall be designed using the specifications in Subsection B(2) to (8). The dimensions and corresponding letter designations referenced in this section are shown in Figures 1 through 5.[2]
[2]
Editor's Note: Figures 1 to 5 are included
at the end of this chapter.
(b)
A mound system to replace an existing private sewage system and to be installed on a site where there is less than 24 inches of unsaturated natural soil above estimated high groundwater, bedrock or slowly permeable soils shall be designed using the specifications of Subsection B(2) to (8) with depth of sand fill (D) increased according to the formula in Subsection B(5).
(2)
Design of the absorption area. The minimum size of
the absorption area for a mound system shall be determined by dividing
the total daily wastewater flow by the infiltrative capacity of the
sand fill.
(3)
System configuration.
(a)
Trenches.
[1]
For slowly permeable soils with or without high
groundwater, the effluent shall be distributed in the mound through
a trench system. Trench length should be selected by determining the
longest dimension that is perpendicular to any slope on the site.
Trench width and trench spacing are dependant on specific site conditions.
[2]
Trenches shall be two to four feet in width.
[3]
The linear feet of trench required shall be
calculated by dividing the required absorption area by the trench
width (A). Trench length (B) shall not be more that 100 feet. Where
more that one trench is required, the trenches should be of equal
length. A mound should not have more than three trenches.
[4]
Trench spacing (C) shall be determined by comparing
the estimated wastewater flow, the infiltrative capacity of the natural
soil and the trench length (B). The calculated trench spacing (C)
shall be measured from center to center of the trenches. Trench spacing
(C) shall be calculated as:
|
(C) =
|
Estimated wastewater flow
Number of trenches
|
÷ (0.24 gal/ft2/day) ÷ trench length (B)
|
(b)
Beds. A long narrow bed design should be used
for permeable soils with high water tables. The bed can be square
or rectangular for shallow permeable soils over bedrock. The bed length
(B) should be set after determining the longest dimension that is
available and that is perpendicular to any slope on the site. The
bed width (A) shall be determined by dividing the absorption area
required by (B).
(4)
Mound dimensions.
(a)
Mound height. On sites the mound height shall
be calculated using the following equation where D equals sand fill
depth, E equals the downslope fill depth, F equals the bed or trench
depth, and H equals the cap and topsoil depth:
|
Mound height =
|
(D + E)
2
|
+ F + H
|
[1]
For sites having at least 24 inches above estimated
high groundwater, bedrock, or slowly permeable soils the minimum sand
depth (D) shall be 12 inches, unless otherwise specified in Table
16.[3] For mounds replacing existing private sewage systems on
sites having less that 24 inches above estimated high groundwater,
bedrock, or slowly permeable soils, the sand fill depth (D) shall
be based on the following calculation: where D = 12 inches + (24 inches
- depth in inches to soil or site factor).
[3]
Editor's Note: Table 16 is included at the end of this chapter.
[2]
On a sloping site, the sand fill depth (E) placed
at the downslope edge of the bed or trench shall be increased so that
the bottom of the bed or trench is level. The downslope sand fill
depth (E) shall be increased according to one of the following calculations:
[3]
The bed or trench depth (F) shall be at least
nine inches. At least six inches of aggregate shall be placed under
the distribution pipes and at least two inches of aggregate shall
be placed over the top of the distribution pipes.
[4]
The cap and topsoil depth (H) at the center
of the mound shall be at least 18 inches which includes one foot of
subsoil and six inches of topsoil. At the outer edges of the mound
the minimum cap and topsoil depth (G) shall be one foot which includes
six inches of subsoil and six inches of topsoil. The soil used for
the cap can be topsoil or finer textured subsoil.
(b)
Mound length. The total mound length (L) is
equal to the bed or trench length plus the end slopes (K).
|
The end slope (K) = Mound depth at center x
3:1 slope =
|
[(D + E)
2
|
+ F + H]3
|
|---|---|---|
|
The total mound length (L) = (bed or trench
length B) + 2 (end slope K)
| ||
(c)
Mound width. The total width (W) of a mound
with a bed design shall be equal to the upslope width (J), the bed
width (A) and the downslope width (I). When a trench design is used,
the total width (W) shall be equal to the upslope width (J), the trench
width or widths (A), the trench spacing (C) and the downslope width
(I). On sloping sites the downslope width (I) shall be greater than
the upslope width (J). On level sites the upslope width and the downslope
width shall be the same.
[1]
Upslope width (J) = mound depth at upslope edge
x 3:1 slope x slope correction factor from Table 17 = (D + F + G)
x 3 x correction factor.
[2]
Downslope width (I) = mound depth at downslope
edge x 3:1 slope x slope correction factor from Table 17 = (E + F
= G) x 3 x correction factor.
[3]
The mound width (W) for a bed system = upslope
width (J) + bed width (A) + downslope width (I).
[4]
The mound width (W) for a trench system =
|
upslope width (J) + trench width (A) + [(number
or trenches – 1) x
| ||
|---|---|---|
|
(trench spacing (C)] +
|
trench width (A)
2
|
+ downslope width (I)
|
(5)
Basal area.
(a)
The minimum basal area shall be calculated using
the infiltrative capacity of the natural soil and the total daily
wastewater flow. When using soil evaluation, the minimum basal area
shall be determined by dividing the total daily wastewater flow by
the loading rate of the soil as specified in Table 1.
(b)
Basal area available; bed. On sloping sites
the basal area shall be that area under the bed and downslope of the
bed. On level sites the basal area shall be the entire area under
the mound excluding the end slope areas. The appropriate equation
from one of the following shall be used to determine the available
basal area:
(c)
Basal area available trench. On sloping sites
the basal area shall be that area under and downslope of the trenches.
On level sites the basal area shall be the total area under the mound
excluding the end slope areas. The appropriate equation from one of
the following shall be used to determine the available basal area:
|
Trench length (B) x [mound width (W)
– upslope width (J) +
|
trench width (A)]
2
|
= basal area available for sloping
sites
|
|---|---|---|
|
Trench length (B) x total mound width
(W) = basal area available for level sites
| ||
(d)
Adequacy of basal area. If the basal area available
is not equal to or greater than the basal area required, the downslope
width (I) on a sloping site shall be increased or the up and downslope
widths (J) and (I) on a level site shall be increased until sufficient
area is available.
C.
Construction techniques. Construction shall not commence
if the soil is too wet. The soil is too wet for construction if at
any level to a depth of eight inches a soil wire can be formed by
rolling the soil between the hands. Installation of mound systems
when the soil on the site is frozen is prohibited for new construction.
(1)
Site preparation.
(a)
Excess vegetation. Excess vegetation shall be
cut and removed from the area of the mound. Small trees shall be cut
to grade surface leaving the stumps in place.
(b)
Force main. The force main from the pumping
chamber shall be installed before the mound site is plowed. The force
main should be sloped uniformly towards the pumping chamber so that
it drains after each dose.
(c)
Plowing.
[1]
The site shall be plowed with a mold board plow
or chisel plow. The site shall be plowed to a depth of seven or eight
inches with the plowing perpendicular to the slope. Rototillers shall
not be used. The sand fill shall be placed immediately after plowing.
After plowing, all food and vehicular traffic shall be kept off the
plowed area.
[2]
Sand fill material.
(d)
Sand fill quality. The sand fill to be used
in the construction of a mound-type private sewage system shall conform
to fine aggregate specifications delineated in ASTM C33.
(e)
Placement of sand fill. The sand fill shall
be moved into place from the upslope and side edges of the plowed
area. Vehicular traffic is prohibited in the area extending to 25
feet beyond the downslope edge of the mound. The sand fill shall be
moved into place with a track-type tractor. A minimum of six inches
of sand shall be kept beneath the tracks at all times.
(f)
Installation of the absorption area. Form the
bed or trenches within the sand fill. The bottom of the trenches or
bed shall be level. The elevation of the bottom of the trenches or
bed shall be checked at the upslope and downslope edges to make certain
that the fill has been placed to the proper depth.
(g)
Placement of the aggregate. A minimum of six
inches of coarse aggregate ranging in size from 1/2 inch to 2 1/2
inches shall be placed in the bed or trench excavation. The top of
the aggregate shall be level.
(h)
Distribution system. Place the distribution
system on the aggregate with the holes on the bottom of the distribution
lines.
(i)
Cover. The top of the bed or trenches shall
be covered with a minimum of two inches of aggregate ranging in size
from 1/2 inch to 2 1/2 inches. A minimum of four to five inches
of uncompacted straw or marsh hay, or synthetic fabric approved by
the Department, shall be placed over the aggregate. The cap and topsoil
cover shall be placed. The mound shall be seeded immediately and protected
from erosion.
A.
Enforcement. The Environmental Services Department
of the Menominee Indian Tribe shall exercise all such powers as are
reasonably necessary to carry out the provisions of this article.
It may, among other things:
(1)
Enter and inspect at reasonable hours system installations,
corrections, system failures, etc., on private or public property.
(2)
Issue special orders directing and requiring compliance
with this article and any rules promulgated under this article whenever,
in the judgment of the Department, this article or rules pursuant
to article are threatened with violation, are being violated or have
been violated. The Menominee Tribal Court has jurisdiction to enforce
and shall enforce any order brought before it by injunctive and other
appropriate relief. The Tribal Prosecutor shall bring action for its
enforcement.
B.
Any person who violates any provision of this article or terms of any special order issued by the Department shall forfeit not less than $50 nor more than $1,000 for each violation. Each violation of an order under Subsection A(2) above constitutes a separate offense, and each day of continued violation is a separate offense.
[Adopted 11-12-2002 by Ord. No. 02-44]
The following definitions are applicable to
this article:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in Standard Methods.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer.
The extension from the building drain to the public sewer
or other place of disposal beginning outside the inner face of the
building wall.
The permit issued which establishes effluent limitation and
monitoring requirements for the wastewater treatment facility.
The residue from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of food products
and produce.
The wastewater from industrial process, trade, or business,
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of the hydrogen-ions in grams per
liter of solution. Neutral water, for example, has a pH value of seven
and hydrogen-ion concentration of 10-7.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and
shall adversely affect the system and/or performance of the wastewater
treatment works.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Solids that either float on the surface of or are in suspension
in water, wastewater, or other liquids and that are removable by laboratory
filtering as prescribed in Standard Methods for the Examination of
Water and Wastewater and referred to as "nonfilterable residue."
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions;
together with any groundwater, surface water, and stormwater that
may be present but not intentionally admitted.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The management, operation, and control of the
sewer system for the Menominee Indian Tribe are vested in the Menominee
Tribal Legislature acting through the Menominee Department of Tribal
Utilities. All records, minutes and all written proceedings thereof
shall be kept by the Chairperson of the Menominee Tribal Legislature
and the Director of the Department of Tribal Utilities. The financial
records of the Department of Tribal Utilities shall be kept by the
Director of the Department of Tribal Utilities and the Director of
the Department of Finance.
The Department of Tribal Utilities of the Menominee
Indian Tribe shall have the power to construct sewer lines for public
use and shall have the power to lay sewer pipes in and through the
alleys, streets, and public grounds of the Menominee Indian Tribe
and, generally, to do all such work as may be found necessary or convenient
in the management of the sewer system. The Menominee Department of
Tribal Utilities shall have the power by itself, its agents, servants
and employees to enter upon any land for the purpose of making examination
or supervise in the performance of their duties under this article
without liability therefor, and the Menominee Tribal Legislature shall
have the power to purchase and acquire for the Department of Tribal
Utilities all real and personal property which may be necessary for
construction of the sewer system or for any repair, remodeling, or
additions thereto.
Whenever any real estate or any easement therein,
or use thereof, shall in the judgment of the Menominee Tribal Legislature
be necessary to the sewer system and whenever, for any cause, an agreement
for the purchase thereof cannot be made with the owner thereof, the
Menominee Tribal Legislature shall proceed with all necessary steps
to take such real estate easement or use by condemnation in accordance
with the laws of the Menominee Tribe and, if federal funds are used,
in accordance with the Uniform Relocation and Real Property Acquisition
Policy Act of 1970.
All property, real, personal, and mixed, acquired
for the construction of the sewer system and all plans, specifications,
diagrams, papers, books and records connected with said sewer system
and all buildings, machinery, and fixtures pertaining thereto shall
be the property of the Menominee Indian Tribe.
The rules, regulations, and sewer rates of the
Menominee Department of Tribal Utilities of the Menominee Indian Tribe
hereinafter set forth shall be considered a part of the contract with
every person, company or corporation who or which is connected with
the sewer system of the Menominee Tribe, and every such person, company,
or corporation by connecting with the sewer system shall be considered
as expressing his or its assent to be bound thereby. Whenever any
of said rules and regulations, or such others as said Department of
Tribal Utilities of the Menominee Tribe may hereafter adopt, are violated,
the service shall be shut off from the building or place of such violation
(even though two or more parties are receiving service through the
same connection) and shall not be reestablished except by order of
the Director of Tribal Utilities and on payment of all arrears and
the expenses and established charges of shutting off and putting on
and such other terms as the Director of Tribal Utilities shall determine,
and a satisfactory understanding with the party that no further cause
for complaint shall arise. In case of such violation, said Director
of Tribal Utilities, furthermore, may declare any payment made for
the service by the party or parties committing such violation to be
forfeited, and the same shall thereupon be forfeited. The right is
reserved to the Menominee Department of Tribal Utilities with approval
from the Menominee Tribal Legislature by motion to change said rules,
regulations, and sewer rates from time to time as it may deem advisable
and to make special rates and contracts in all proper cases.
A.
Plumbers. No plumber, pipe fitter, or other person
will be permitted to do any plumbing or pipe fitting work in connection
with the sewer system without first receiving written permission from
the Menominee Department of Tribal Utilities.
B.
Users.
(1)
Application for service.
(a)
Every person connecting with the sewer system
shall file an application in writing with the Department of Tribal
Utilities on such form as is prescribed for that purpose. Blanks for
such applications will be furnished at the Office of Tribal Utilities.
The application must state fully and truly all the uses which will
be allowed except upon further application and permission regularly
obtained from said Department. If the applicant is not the owner of
the premises, the written consent of the owner must accompany the
application. The application may be for service to more than one building,
or more than one unit of service through one service connection, and
in such case charges shall be made accordingly.
(b)
If it appears that the service applied for will
not provide adequate service for the contemplated use, the Department
of Tribal Utilities may reject the application. If the Department
of Tribal Utilities shall approve the application, it shall issue
a permit for the services as shown on the application.
(2)
Payment for connection application. Prior to the issuance
of the application for service all users shall pay the connection
fee listed in the Schedule of Rates and Fees of the Menominee Department
of Tribal Utilities.
(3)
Tap permits. After sewer connections have been introduced
into any building or upon any premises, no plumber shall make any
alterations, extensions, or attachments unless the party ordering
such tapping or other work shall exhibit the proper permit.
(4)
User to keep in repair. All users shall keep their
own service pipes in good repair and protected from frost, at their
own risk and expense, and shall prevent any unnecessary overburdening
of the sewer system.
(5)
User use only. No user shall allow others or other
services to connect to the sewer system through his or its lateral.
(6)
User to permit inspection. Every user shall permit
the Department of Tribal Utilities and its employees or authorized
agents, at all reasonable hours of the day, to enter his or its premises
or building to examine the pipes and fixtures and the manner in which
the drains and sewer connections operate, and the user must at all
times, frankly and without concealment, answer all questions put to
him or it relative to its use.
(7)
Responsibility. It is expressly stipulated that no
claim shall be made against the Menominee Tribe or the Menominee Department
of Tribal Utilities, or any officers, employees or agents thereof,
by reason of the breaking, clogging, stoppage or freezing of any service
pipes, nor from any damage arising from repairing mains, making connections
or extensions or any other work that may be deemed necessary. The
right is hereby reserved to cut off the service at any time for the
purpose of repairs or any other necessary purpose, any permit granted
or regulation to the contrary notwithstanding. Whenever it shall become
necessary to shut off the sewer service, the Department of Tribal
Utilities shall, if practicable, give notice to each and every user
affected of the time when such service will be so shut off.
In making excavations in streets or highways
for laying service pipe or making repairs, the paving and earth removed
must be deposited in a manner that will occasion the least inconvenience
to the public. No person shall leave any such excavation made in any
street or highway open at any time without barricades, and during
the night warning lights must be maintained at such excavations. In
refilling the opening after the service pipes are laid, the earth
must be laid in layers of not more than nine inches in depth and each
layer thoroughly compacted to prevent settling. No opening of the
streets for tapping the pipes will be permitted when the ground is
frozen.
No person, except those having special permission
from the Department of Tribal Utilities, will be permitted under any
circumstances to tap the mains or collection pipes. The kind and size
of the connection with the pipe shall be that specified in the permit
or order.
All service pipes (laterals) on private property
will be installed in accordance with State of Wisconsin Administrative
Code Chapter Comm 82, Design, Construction, Installation, Supervision
and Inspection of Plumbing. All building sewers under construction
will be inspected by a designated representative of the Department
of Tribal Utilities. The building sewers and/or private interceptor
main sewers shall be inspected upon completion of placement of the
pipe and before backfilling and tested before or after backfilling.
Any sewer that is backfilled prior to inspection shall be reexcavated
to allow said inspection at the owner's expense.
No person in the business of gathering and disposing
of septic tank sludge or holding tank sewage shall transfer such material
into any disposal area or sewer manhole on the Menominee Reservation
without permission of the Menominee Department of Tribal Utilities.
A.
It shall be the policy of the Menominee Department
of Tribal Utilities to obtain sufficient revenues to pay the cost
of the annual debt retirement payment on any bonded indebtedness,
any required cash reserve account payment, and operation and maintenance
of the sewage works, including a replacement fund, through a system
of user charges defined in this section. The system shall assure that
each user of the sewage works pays a proportionate share of the cost
of such works.
B.
All sewer users shall be classified by the Department
of Tribal Utilities as residential, commercial, or industrial customers.
C.
User charges shall consist of a minimum quarterly
billing, on the basis of user charge factors, and a unit price per
volume of water utilized, or flat rate.
D.
Users shall be charged in accordance with the Schedule
of Rates and Fees of the Menominee Department of Tribal Utilities
which is approved by the Menominee Tribal Legislature by motion. Said
Schedule of Rates and Fees shall be reviewed not less than biannually.
Such review shall be performed by the Menominee Department of Tribal
Utilities. User charges shall be adjusted, as required, to reflect
actual number and size of users and actual costs, and any changes
shall become effective when approved by the Menominee Tribal Legislature
by motion.
E.
All revenues collected will be applied to operation,
maintenance, and replacement costs for the next year.
The owner of each parcel of land adjacent to
a sewer main on which there exists a building usable for human habitation
or in a block through which such system is extended shall connect
to such system within 30 days of notice in writing from the Department
of Tribal Utilities. Upon failure to do so, the Department of Tribal
Utilities may cause such connection to be made and bill the property
owner for such costs. If such costs are not paid within 30 days, a
penalty for the period that the violation continues in the amount
of $100 per month for each residential unit equivalent shall be payable
quarterly for the period in which the failure to connect continues.
This article ordains that the failure to connect to the sewer system
is contrary to the minimum health standards of the Menominee Indian
Tribe and fails to assure preservation of public health, comfort,
and safety of the community and constitutes a public nuisance.
The Department of Tribal Utilities shall maintain
the sewer service from the street main to the property line and including
all controls between the same without expense to the property owner,
except when it is damaged as a result of negligence or carelessness
on the part of the property owner, a tenant, or an agent of the owner,
in which case it will be repaired at the expense of the property owner.
All sewer service from the point of maintenance by the system to and
throughout the premises must be maintained free of defective conditions
by and at the expense of the owner or occupant of the property. When
any sewer service is to be relaid and there are two or more buildings
on such service, each building shall be disconnected from such service
and a new sewer service shall be installed for each building.
A.
It shall be unlawful for any person to wilfully injure
the sewer system, or any building, machinery, or fixture pertaining
thereto, or to wilfully and without authority of the Department of
Tribal Utilities bore or otherwise cause to leak any tunnel, aqueduct,
reservoir, pipe or other thing used in the system for holding, conveying,
or collecting sewage.
B.
It shall be unlawful for any person to introduce sewage
into the system which shows an excess of BOD or suspended solids concentration
over normal domestic sewage. A surcharge shall be based on the excess
of BOD or suspended solids at the per-pound rate listed in the Schedule
of Rates and Fees of the Menominee Department of Tribal Utilities.
The Department of Tribal Utilities reserves the right to test the
sewage at any point within the connection system of the user or consumer.
A user may not use dilution as a means to achieve a lower concentration
of BOD or suspended solids. Users discharging toxic pollutants shall
pay for any increased operating and maintenance or replacement costs
caused by the toxic pollutants.
C.
No user shall discharge or cause to be discharged
any of the following described liquids or solid wastes to any sanitary
sewer:
(1)
Any stormwater, surface water, groundwater, roof runoff
or surface drainage.
(2)
Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(3)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or any
other solid or sticky substance capable of causing obstruction of
the flow in sewers or other interference with the proper operation
of the sewage works.
(4)
Any water or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, constituting a hazard to humans and animals, or
create any hazard in the receiving treatment facility.
(5)
Any water or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle such material at the sewage treatment plant.
(6)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(7)
Any garbage that has not been properly shredded.
(8)
Any liquid or vapor having a temperature higher than
150° F.
(9)
Any water or wastes which may contain more than 100
parts per million by weight of fat, oil, or grease.
(10)
Any water or wastes having pH lower than 5.5
or higher than 9.0 or having any corrosive property capable of causing
damage or hazard to structures, equipment, and personnel of the sewage
works.
In addition to any other penalty provided by
this article or other law, the Department of Tribal Utilities shall
have the right of recovery from any responsible persons of any expense
incurred by the Tribe for penalties imposed on the Tribe due to a
violation of this article or other law, correction of conditions impairing
the proper operation of the sewer system and the repair or replacement
of any sewer pipe or other property of the sewer system damaged in
any manner by any negligent or intended act or omission by such persons
or by others under their control.
Any person who shall violate any of the provisions of this article or rules or regulations of the Department of Tribal Utilities or who shall connect a service pipe without first having obtained a permit therefor shall, upon conviction thereof, forfeit not less than $50 nor more than $500 and the costs of prosecution. This, however, shall not bar the Department of Tribal Utilities from enforcing the connection duties set out in § 495-34 for mandatory hookup.
The maintenance and use of septic tanks and
other private sewage disposal systems within the area of the Menominee
Reservation serviced by its sewer system are hereby declared to be
a public nuisance and a health hazard. From and after May 1, 2003,
the use of septic tanks or any private sewage disposal system within
the area of the Menominee Reservation serviced by the sewage disposal
system is prohibited.
Whenever premises served by the system are to
be vacated, or whenever any person desires to discontinue service
from the system, the Department of Tribal Utilities must be notified
in writing. The owner of the premises shall be liable for any damages
to the property or such damage which may be discovered as having occurred
to the property of the system other than through the fault of the
system or its employees, representatives, or agents.
A unit of service shall consist of any residential,
commercial, industrial, or charitable aggregation of space or area
occupied for a distinct purpose, such as a residence, apartment, flat,
store, office, industrial plant, church, or school. Each unit of service
shall be regarded as one consumer. Suites in houses, or apartments
with complete housekeeping functions (such as cooking), shall be classed
as apartment houses; thus houses and apartments having suites of one,
two, or more rooms with toilet facilities but without kitchens for
cooking are classed as rooming houses. When a consumer's premises
has several buildings for which services are eligible and such buildings
are used in the same business and connected by the user, the Department
of Tribal Utilities shall set a separate rate for such complex.
