[HISTORY: Adopted by the Board of Supervisors of Washington
County as Ch. 25 of the 1998 Code. Amendments noted where applicable.]
[Amended 3-11-2020 by Ord. No. 2019-18[1]]
This chapter shall be entitled and cited as the "Washington
County Private On-site Wastewater Treatment Systems (POWTS) Ordinance."
[Amended by Ord. No. 2003-42]
Recognizing that certain requirements are necessary and desirable
for the proper protection of individual, public and community health
and, insofar as possible, to prevent the creation of nuisances, sources
of filth, and conditions menacing the public health; to protect Wisconsin's
drinking water and groundwater resources; and to promote the health,
safety, comfort and general welfare of the people of Washington County,
these regulations and standards are adopted pursuant to the authority
of the Wisconsin Statutes and rules promulgated as set forth in the
Wisconsin Administrative Code.
[Amended 3-11-2020 by Ord. No. 2019-18]
The general intent of this chapter is to regulate the location,
construction, installation, alteration, design and use of all private
on-site wastewater treatment systems, hereinafter referred to as POWTS,
and of industrial, domestic, solid and other waste disposal systems
and sites so as to protect the health of residents and transients;
to assure safety from disease and pestilence; to further the appropriate
use and conservation of land and water resources; to provide for the
regulation and dispersion of water disposal systems in shoreland and
floodplain areas so as to assure proper operation of such systems
near navigable water; to prevent and control further pollution of
surface and subsurface waters; and to preserve and promote the beauty
of Washington County and its communities. It is further intended to
provide for the administration and enforcement of this chapter and
to provide penalties for its violation.
[Amended by Ord. No. 2000-3; 3-11-2020 by Ord. No. 2019-18]
The provisions of this chapter shall apply to all lands and
waters within Washington County except as otherwise provided by the
Wisconsin Statutes and Administrative Code.[1]
[1]
Editor's Note: Original Sec. 25.04(3) of the 1998 Code, regarding
denial of sanitary permits pursuant to Table 383.04-1, Wis. Adm. Code,
as amended by Ord. No. 2000-6, which immediately followed this section,
was repealed 10-9-2019 by Ord. No. 2019-12.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules, regulations or permits previously adopted
or issued pursuant to law.
In any case where a provision of this chapter is found to be
in conflict with a provision of any other regulation of Washington
County, the provision which, in the judgment of the administrative
officer, established the higher standard for the promotion and protection
of the health and safety of the people shall prevail. These regulations
shall be construed liberally in favor of Washington County and for
the utmost protection of the public health and shall not be decreased
to limit or repeal any of the power granted to Washington County by
the Wisconsin Statutes and Administrative Code. References to State
Statutes and Administrative Rules shall be construed to refer to the
statute or rule in effect at the time of the violation or citation
even if the statute or rule has been renumbered or repealed and recreated.
A.
Severability. If any provision or clause of this chapter or application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be
severable.
B.
Nonliability. Washington County does not guarantee, warrant or represent
the safe and proper operation of POWTS located, constructed and maintained
in accordance with this chapter and hereby asserts that there is no
liability on the part of the County Board of Supervisors, its agencies
or employees for any health hazards or damages that may occur as a
result of reliance upon, and compliance with, this chapter.
[Amended 3-11-2020 by Ord. No. 2019-18]
[Amended by Ord. No. 1999-45; Ord. No. 2000-3; 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
A.
Authorized personnel. The Washington County Central Services Director
and other departmental personnel so authorized by the Director shall
have the duties and powers to administer this chapter hereinafter
specified in § 145.20, Wis. Stats., and Ch. SPS 383, Wis.
Adm. Code.
A.
Licenses. All persons performing any work on POWTS shall obtain the
required license from the state prior to commencing such work and
be supervised where required. Licensing and supervision shall be in
accordance with Wisconsin Statutes and the Administrative Code and
pertinent sections of this chapter.
[Amended 3-11-2020 by Ord. No. 2019-18]
B.
Inspections.
[Amended 3-11-2020 by Ord. No. 2019-18]
(1)
Permits issued for POWTS, additions to POWTS, sanitary privies, outdoor
toilet waste disposal installations and sanitary repairs must comply
with inspection requirements as § SPS 383.26, Wis. Adm.
Code.
(2)
The Department may make random inspections of all data received for
sanitary permit applications before or after issuance and may report
errors found to the state agency in charge of licensing the person
making the error. The Department is also authorized to enter onto
any premises during normal working hours for the purpose of ascertaining
compliance with the requirements of this chapter and as otherwise
authorized by law.
C.
Permits.
[Amended by Ord. No. 2000-3]
(1)
State sanitary permit.
[Amended 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
(a)
A permit is required pursuant to § 145.19, Wis. Stats.,
for the installation of a POWTS or major modification or addition
to such systems.
(b)
A transfer from a plumber to a new plumber will require a new
state sanitary permit with a new number to be issued. No groundwater
fee is required for the new permit.
(2)
County sanitary permit. A County sanitary permit shall be required
for the reconnection of existing systems, placement of a vaulted or
pit privy for any device regulated under Ch. SPS 391, Wis. Adm. Code,
minor repairs to an existing POWTS, system components or materials
of a POWTS not included in the state sanitary permit requirements
or § SPS 383.21, Wis. Adm. Code.
[Amended 3-11-2020 by Ord. No. 2019-18]
(3)
All sanitary permits shall expire two years from the date of issuance, except where revoked under § 190-9C(4).
(4)
Sanitary permits may be revoked when the data submitted for the sanitary
permit conflicts with the data collected by Department personnel on
the subject premises.
(5)
No POWTS or site or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or its use changed without first obtaining a sanitary permit and complying with the provisions of this chapter and all other applicable local, County and state regulations except as otherwise provided in § 190-9C(6).
[Amended 3-11-2020 by Ord. No. 2019-18]
(6)
Emergency repairs or the removal of stoppages may be performed before
a sanitary permit is obtained, provided such work is reported to the
Department by the next working day so a determination can be made
whether a sanitary permit is required. Excavations must be left open
for this determination to be made, and work completed must be exposed
for inspection if deemed necessary by Department personnel.
D.
Sanitary permit applications. Applications for a sanitary permit
shall be made by the property owner or agent pursuant to the Wisconsin
Administrative Code to the Department on forms furnished by the Department
prior to issuance of any building or zoning permit by the Central
Services Director or municipality prior to the purchase or installation
of or addition to any POWTS.
[Amended 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
E.
Fee schedule.
[Amended by Ord. No. 1999-25; Ord. No. 2000-3]
(1)
As authorized by Chapter 179, Planning and Parks, § 179-10D(2) of the Code of Washington County, the Land Use and Planning Committee may adopt fees for the following:
[Amended 10-9-2019 by Ord. No. 2019-12]
(a)
Sewage distribution cell additions or repairs.
[Amended 3-11-2020 by Ord. No. 2019-18]
(b)
Septic tank repairs.
(c)
Septic tank or cell replacement.
[Amended 3-11-2020 by Ord. No. 2019-18]
(d)
Sanitary permit (new installations: tank and cell).
[Amended 3-11-2020 by Ord. No. 2019-18]
(e)
Sanitary privy.
(f)
State tank or other state fee as required by law.
[Amended 3-11-2020 by Ord. No. 2019-18]
(g)
Holding tank installations, new.
(h)
Holding tank installations, replacement.
(i)
Individual site design approvals by the Wisconsin Department
of Safety and Professional Services.
[Amended 3-11-2020 by Ord. No. 2019-18]
(j)
In-ground pressure system.
(k)
Soil investigations by Department personnel.
(l)
Soil test evaluation letters.
(m)
Sanitary permit application installer/owner transfer form.
[Amended 3-11-2020 by Ord. No. 2019-18]
(n)
Administrative fee, Wisconsin Fund POWTS rehabilitation.
[Amended 3-11-2020 by Ord. No. 2019-18]
(o)
Sanitary permit renewals.
(2)
Fees. If work is started before a permit is applied for and issued, except for emergency repairs authorized in § 190-9C(6), the Department shall charge the amount of the fee as provided in the fee schedule approved by the Washington County Board of Supervisors. Payment of the fee does not relieve the applicant of full compliance with this chapter nor from prosecution for violating this chapter.
[Amended 2-14-2024 by Ord. No. 2023-11]
(3)
Subsequent inspections. Each inspection after the first that is necessary to enforce ordered corrections shall require a fee established under Chapter 179, Planning and Parks, § 179-10D(2), of the Code of Washington County.
[Amended 10-9-2019 by Ord. No. 2019-12]
(4)
Appeal fee; POWTS. There shall be paid to the County Planning and Parks Department by each appellant who proceeds under § 190-11 of this chapter, a filing fee established under Chapter 179, Planning and Parks, § 179-10D(2), of the Code of Washington County. Fees collected pursuant to this section shall be used to partially defray the expenses of conducting such appeals.
[Amended 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
(5)
Approval of sanitary permits. Approval or disapproval shall be based
upon the submittal of the information and fees required by this chapter,
verification of test data if deemed necessary by Department personnel,
and compliance with all other provisions of this chapter and rules
relating to POWTS. If subsequent data is obtained, as required by
this chapter, demonstrating noncompliance with these regulations,
said sanitary permit can be revoked immediately. The applicant for
any sanitary permit which has been disapproved shall be informed,
in writing, of the reasons for such disapproval by Department personnel.
[Amended 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
(6)
Agent plan review. County plan review fees for any system listed
in Table 383.22-2, Wis. Adm. Code, approved by the Department as a
designated agent of the state shall be the same as those fees set
by the state in § SPS 302, Wis. Adm. Code.
[Amended 3-11-2020 by Ord. No. 2019-18]
A.
Stop-work orders.
(1)
When the Department finds that any construction or alteration of
any POWTS is in progress without a sanitary permit having been issued,
or any other violation of this chapter, the Department may post in
a conspicuous place on the premises a stop-work order, which shall
cause all work to cease on the premises immediately.
(2)
Failure to discontinue work immediately while the stop-work order
is in effect will be considered a violation of the Washington County
POWTS ordinance and Wisconsin Administrative Codes.
(3)
When a stop-work order is posted, the owner of the premises shall
be notified and informed, in writing, of the Washington County POWTS
ordinance and Wisconsin Administrative Codes violation, and that corrective
measures must be taken to bring the violation into compliance with
the aforementioned codes.
(4)
A stop-work order can only be rescinded by the written permission
of the department.
B.
Thirty-day orders.
(1)
When the Department finds that any POWTS is malfunctioning, needs
repair or is in violation of this chapter, a thirty-day correction
order will be issued.
(2)
When a thirty-day order is issued, the owner of the premises, and
the plumber, where applicable, shall be notified and informed, in
writing, of the Washington County POWTS ordinance and Wisconsin Administrative
Codes and that corrective measures must be taken to bring the violation
into compliance with the aforementioned codes.
(3)
Failure to comply with the thirty-day order will be considered a
violation of the Washington County POWTS ordinance and Wisconsin Administrative
Codes.
(4)
Extensions to thirty-day orders may be granted at the discretion
of the department, providing good-faith efforts are being made to
correct the problem.
C.
Complaints. The Department shall investigate complaints regarding
POWTS and shall keep a written record of all such complaints, except
that the names of any complaining individual shall not be noted if
such individual requests anonymity.
[Amended by Ord. No. 2001-8; Ord. No. 2003-42; 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
A.
Chapter
68 not applicable. Pursuant to § 68.16, Wis. Stats., Washington
County elects not to be governed by Chapter 68 of the Wisconsin Statutes
for purposes of this chapter.
B.
Who may
appeal. A person or municipality aggrieved by any order, requirement,
interpretation or determination made by Department personnel may appeal
the same to the Washington County Land Use and Planning Committee
by filing a notice of appeal. Such person or municipality shall be
known as the appellant. For purposes of this section, the term "person"
shall include any individual, partnership, limited liability company,
corporation, association, public or private organization, officer,
department, board, commission or agency of the municipality whose
rights, duties, or privileges are adversely affected by the Department's
determination. For purposes of this section, the term “municipality”
shall include a county, city, village, town, technical college district,
special purpose district, or board or commission thereof, and any
public or quasi-public board or commission created pursuant to statute,
ordinance, or resolution, but does not include the state, a state
agency, a corporation chartered by the state, or a school district
as defined in § 115.01(3), Wis. Stats.
C.
Notice
of appeal. A notice of appeal shall be in writing and shall be filed
with the Washington County Clerk no later than 30 days from the date
of the Department's order, requirement, interpretation or determination
and shall specify the grounds thereof. Upon receipt of the notice
of appeal, the Washington County Clerk shall transmit a copy of the
notice of appeal to the Department.
D.
Rules
of Land Use and Planning Committee on appeals. With respect to the
administration and enforcement of this chapter, the following rules
shall govern the Washington County Land Use and Planning Committee:
(1)
Appeals
shall be heard at the next regularly scheduled meeting of the Land
Use and Planning Committee or at such other times as the Committee
may determine. Hearings on appeal shall be held in open session except
as otherwise authorized by law. The Washington County Clerk shall
provide the appellant with written notice of the time, date, and place
of the hearing by first-class mail at least five days prior to the
hearing. An appellant's failure to attend the hearing shall result
in a forfeit of the appeal.
(2)
The
Land Use and Planning Committee Chairperson shall preside over the
hearing. The appellant shall have the burden of proof and shall have
the right to present evidence, including calling witnesses at the
hearing. The Department shall be granted the opportunity to present
evidence, including calling witnesses in support of its initial order,
requirement, interpretation or determination. The Land Use and Planning
Committee Chairperson shall determine what evidence shall be allowed.
Chapters 901 through 911 of the Wisconsin Statutes and which are more
commonly known as the Wisconsin Rules of Evidence shall not apply
to hearings held under this chapter.
(3)
At
the conclusion of the hearing, the members of the Land Use and Planning
Committee shall vote to reverse or affirm, wholly or in part, or modify
any order, requirement, decision or determination appealed from and
shall make such order, requirement, decision or determination as in
its opinion ought to be made and to that end shall have all the powers
of the Department personnel. In reaching a decision, the Committee
shall interpret the provisions of this chapter in such a way as to
carry out the intent and purposes of this chapter and the requirements
of the applicable state regulations and may, in appropriate cases,
establish suitable conditions and safeguards in harmony with the general
purpose and intent of this chapter.
[Amended by Ord. No. 1999-2; Ord. No. 2000-3; Ord. No. 2001-08; 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
A.
This section is adopted pursuant to the authority of Wisconsin Statutes.
B.
Effluents. All domestic wastes shall be discharged to an approved
POWTS.
C.
Other substances. No gas, fuel oil inflammables, waste oil, tar,
explosives, sump pump discharges, rainwater, surface water, groundwater,
chemicals, grease, gasoline, rags, whey, milk wastes or any other
substances shall be discharged into any POWTS if the same causes an
obstruction, nuisance or other condition which may interfere with
the system's performance or function.
D.
Location. All POWTS shall be located in accordance with the Wisconsin
Administrative Code except where a written variance is granted by
the State Department of Safety and Professional Services.
E.
Components. All components and materials used in a POWTS shall be
of an approved type except where a written variance is granted by
the State Department of Safety and Professional Services.
F.
Design. All designs for POWTS shall be in accordance with Wisconsin
Administrative Code except where written variance is granted or for
an individual site design that has been approved by the State Department
of Safety and Professional Services.
G.
Holding tanks. Holding tanks will be prohibited hereafter to serve
sewage effluent disposal needs and requirements for any development
except that a permit may be granted under the following circumstances:
(1)
A written public sewer service commitment to service property within
three years by a public sewer authority is presented with the permit
application for a new residence.
(2)
To serve a use with a design wastewater flow of less than 150 gallons
per day.
(3)
For development on a parcel or lot if the proposed development disturbs
any suitable soil absorption system area and disturbance of the suitable
soil absorption system area is necessary for the development.
(4)
On
a parcel or lot where a certified soil tester has documented that
no suitable soil exists for a soil absorption system.
H.
Outdoor toilets. Outdoor toilets and privies are permitted pursuant
to the following conditions and regulations:
(1)
Location. The location and elevation of vault privies shall be in
accordance with Wisconsin Administrative Code locational requirements
for holding tanks, except for all-weather road requirement. The location
and elevation of soil pit privies shall be in accordance with Wisconsin
Administrative Code for site requirements and specific limitations
for floodplain development.
(2)
Prohibitions. Construction, installation or continued use of permanent
outdoor toilets and privies is prohibited where a public sewer system
is available. Existing outdoor toilets and privies shall be replaced
with water-flush toilets and hooked up to the sewer system within
30 days after the structure is served by public sewer system or where
it does not meet the requirements of this chapter.
(3)
Portable outdoor toilets. Portable, self-contained outdoor toilets
may be used at construction and agricultural work sites.
(4)
Parks. Outdoor toilets and privies may be permitted in public or
private parks by the Washington County Land Use and Planning Committee,
provided such privies are constructed in accordance with the Wisconsin
Administrative Code and this chapter.
(5)
Servicing. Servicing of outdoor toilets and privies shall be in accordance
with Wisconsin Administrative Code.
(6)
Soil suitability for privies shall be determined by the Department
based on one soil boring submitted on the state authorized form and
compliance with Wisconsin Administrative Code pertaining to separation
below the bottom of the proposed system, soil maps, soil absorption,
site location relative to floodplain, and slope, filled areas and
depth to bedrock and high groundwater.
(7)
The vault beneath a vault privy shall be constructed to the materials
standards listed in Wisconsin Administrative Code for septic tanks.
I.
Additional discharge to existing systems. If additional discharge,
based on Wisconsin Administrative Code, will be created as a result
of an addition or remodeling or change of use, an addition to the
existing system or replacement of the existing system may be necessary.
Additions may only proceed in conformance with the following:
(1)
The Department personnel must determine whether the existing system
complies with the high groundwater or seasonal saturation and bedrock
requirements in the Wisconsin Administrative Code. This determination
will be made on the basis of the Washington County Soil Survey and
on the basis of a soil pit or pits.
(2)
The Department personnel must determine whether the existing system
is compliant with the requirements of the Wisconsin Administrative
Code, and the owner of the system must show proof of the system capacity.
(3)
The system must be designed and installed in accordance with Wisconsin
Administrative Code; sizing of the addition will be based on the Wisconsin
Administrative Code.
J.
Extensive changes to existing structures. When the Department personnel
determines an increased discharge will occur and the existing POWTS
has insufficient capacity, the system shall be renovated, repaired,
or replaced in accordance with Wisconsin Administrative Code.
K.
Sewer availability. Once sewer has become available to a property
with a condemned POWTS under § 145.245(4), Wis. Stats.,
discharging effluent to the surface, surface waters, backing up into
the structure or discharging to a zone of seasonal saturation, the
owner must sign an agreement with the Department that the owner will
hook up to the sewer within six months of its availability. If the
system is not condemned based on other criteria, the structure must
be hooked up to the sewer system within 12 months of its availability.
[Amended by Ord. No. 2000-3; 8-24-2019 by Ord. No. 2019-10; 3-11-2020 by Ord. No. 2019-18]
A.
Pumping of POWTS. All persons owning, occupying or using a new or
existing POWTS are required to have these systems pumped or inspected
by persons licensed, certified or registered to perform inspections
as provided in Ch. SPS 383, Wis. Adm. Code.
(1)
All POWTS shall be managed and maintained in accordance with Chs.
SPS 383 and 384, Wis. Adm. Code, and this section.
(2)
The property owner shall report or cause to have reported to the
Department each inspection, maintenance or servicing event, in accordance
with Ch. SPS 383, Wis. Adm. Code, and this chapter.
(3)
The property owner shall submit or cause to have submitted a copy
of an appropriate maintenance agreement and/or servicing contract
to the Department prior to sanitary permit issuance.
(4)
The property owner shall submit or cause to have submitted a new
or revised maintenance agreement and/or servicing contract to the
Department whenever there is a change to such document(s).
(5)
The property owner shall submit or cause to have submitted a new
maintenance agreement and/or servicing contract to the Department
prior to expiration of any existing maintenance agreement and/or servicing
contract.
(6)
All POWTS shall be:
(a)
Inspected, evaluated, or maintained or serviced in accordance
with Wisconsin Administrative Code at a minimum of every three years.
(b)
Inspected by persons licensed, certified, or registered to perform
inspections as provided in Ch. SPS 383, Wisconsin Administrative
Code, at a minimum of every three years.
(7)
All new and existing holding tanks shall be pumped in accordance
with Wisconsin Administrative Code. The permanent record should establish
continuity of the pumping events in year-round residences. Permanent
records for seasonal residences should establish continuity of the
pumping event during the portion of the year the residence is occupied.
B.
POWTS maintenance report. All persons obtaining a sanitary permit for a POWTS shall obtain a report to submit information required by this section. Said report shall be properly filled out and returned to the Washington County Planning and Parks Department as required in § 190-14A of this chapter. Failure to return this report in compliance with the foregoing shall constitute a violation of this chapter, punishable by penalties as described by this chapter.
C.
Violations of maintenance report. Submission of incorrect or incomplete
records shall constitute a violation of this chapter. Submission of
inaccurate or incorrect information to the person completing such
records shall also constitute a violation of this chapter.
[Amended 3-11-2020 by Ord. No. 2019-18]
A.
Compliance with County and state regulations. The Department shall
order any person owning, using, operating or installing any POWTS
to repair, modify, replace or abandon usage of any or all parts of
the system in a manner the Department deems in accordance with County
and state regulations.
B.
Conditions of a failing POWTS. A failing POWTS is defined in § 145.245(4),
Wis. Stats. A failing POWTS is one that consists of one or more of
the following conditions:
(1)
The
discharge of sewage into surface water or groundwater.
(2)
The
introduction of sewage into zones of saturation which adversely affects
the operation of a private on-site wastewater treatment system.
(3)
The
discharge of sewage to a drain tile or into zones of bedrock.
(4)
The
discharge of sewage to the surface of the ground.
(5)
The
failure to accept sewage discharges and backup of sewage into the
structure served by the private on-site wastewater treatment system.
C.
Malfunction or failure of POWTS components.
(1)
Any malfunction caused by collapse of building sewer, septic tank
cover, manhole cover or riser; failure of septic tank baffles; and
mechanical or electrical failure of pumps may be corrected by replacement
of that inoperative component. The Department reserves the right to
determine the nature of any malfunction where repair or replacement
of the above components is involved.
(2)
Any failure of the septic tank, dosing chamber, tile, solid or perforated
pipe between the septic tank and the end of the system, or a dispersal
component to provide sufficient percolation or renovation of sewage
shall be corrected by replacement of the failed component or installation
of a new dispersal component or holding tank, or other system approved
by the state under the provisions of the Wisconsin Administrative
Code.
It shall be unlawful for any person owning or occupying a structure
to engage in or allow any of the following:
A.
Installation of devices. To attach any pump, siphon device, hose,
tile, piping or similar device to the vent pipe, septic tank cleanout,
septic tank manhole cover, or distribution piping of a POWTS, including
holding tanks, except as provided in Wisconsin Administrative Code.
[Amended 3-11-2020 by Ord. No. 2019-18]
B.
Discharge infectious or noxious matter. To discharge infectious or
noxious matter into surface waters as described under Wisconsin Statutes.
[Amended 3-11-2020 by Ord. No. 2019-18]
C.
Create a nuisance. To create a nuisance, source of filth or cause
of sickness as described under Wisconsin Statutes.
D.
Discharge sewage or effluent. To discharge sewage or effluent to
wells, aquifers, groundwater, wetlands, drainage ditches, drainways,
ground surface, surface water or buildings served.
E.
Acceptance of delivery of a septic tank for use in conjunction with
a POWTS on a property unless the owner has obtained a valid sanitary
permit and a notice thereof is displayed conspicuously and is visible
from the road fronting the lot during construction.
[Amended 3-11-2020 by Ord. No. 2019-18]
F.
No person or corporation may sell or deliver at the retail level,
as defined under Wisconsin Statutes, a septic tank for use in conjunction
with a POWTS unless the purchaser holds a valid sanitary permit.
[Amended 3-11-2020 by Ord. No. 2019-18]
A.
Violations. It shall be unlawful to construct or reconstruct any
POWTS or use any system, land or water in violation of any of the
provisions of this chapter. In addition, it shall be unlawful to resist,
obstruct or interfere with Department personnel in the discharge of
their duties or to neglect, refuse or fail to obey Department personnel
orders pertaining to their duties.
[Amended 3-11-2020 by Ord. No. 2019-18]
B.
Injunctions. In case of any violation, Department personnel, the
local government agencies, or any property owner who would be specifically
damaged by such violation may institute appropriate legal action or
proceeding to enjoin a violation of this chapter.
C.
Nuisances. Every POWTS placed or maintained in floodplains in violation
of this chapter is a public nuisance, and the creation thereof may
be enjoined and maintenance thereof may be abated by action at suit
of the state, the County, a municipality or any citizen thereof.
[Amended 3-11-2020 by Ord. No. 2019-18]
D.
Prosecution. All violations of this chapter shall be reported by
Department personnel to the County Attorney, who shall then prosecute
such violations on behalf of Washington County.
[Amended 3-11-2020 by Ord. No. 2019-18]
E.
Citations. Department personnel authorized by the Code of Washington
County may issue citations for violations of this chapter in conformity
with the provisions of the Code.
[Amended 3-11-2020 by Ord. No. 2019-18]
A.
General. Any person who fails to comply with the provisions of this
chapter or who permits the use of any POWTS or site in violation of
this chapter may, upon conviction thereof, forfeit not less than $10
nor more than $500, and costs of prosecution, for each violation and,
in default of payment of such forfeiture and costs, may be imprisoned
in the County Jail until payment thereof, but not exceeding 30 days.
Each day a violation exists or continues may constitute a separate
offense.
B.
Floodplain violations. Any person who places or maintains any POWTS
in any floodplain in violation of this chapter may be fined not more
than $250 for each offense. Each day a violation exists or continues
may constitute a separate offense.
C.
Remedial action.
(1)
Whenever there has not been compliance with an order of Department
personnel within 30 days after written notice has been mailed to the
owner, resident agent or occupant of the premises, Department personnel
may institute appropriate legal action or proceedings to prohibit
the owner, resident agent or occupant of the premises from the use
of such POWTS or site until there is compliance with the order.
(2)
Such legal action shall be prepared by the County Attorney in the
prosecution of all such actions. The cost of abatement of nuisances
may be recovered from the landowner in accordance with the Wisconsin
Statutes.
A.
AQUIFER
CESSPOOL
CLEANOUT
DEPARTMENT
DEPARTMENT PERSONNEL
DISTRIBUTION CELL
DOMESTIC WASTEWATER
EFFLUENT
FLOODPLAINS
GARBAGE
GROUNDWATER
HIGH GROUNDWATER
HOLDING TANK
LIQUID INDUSTRIAL WASTES
MANHOLE
NUISANCE
PARTIES-IN-INTEREST
PERMANENT OUTDOOR TOILETS
PORTABLE OUTDOOR TOILETS
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS)
PRIVY
PRIVY, SOIL PIT
PRIVY, VAULT
REFUSE
REGIONAL FLOOD
SALVAGEABLE MATERIAL
SEPTIC TANK
SERVICING
SEWAGE
SHORELANDS
SOIL MAPPING UNIT
SOLID WASTE
TOXIC OR HAZARDOUS WASTES
WASTES
WELL
WETLANDS
WISCONSIN ADMINISTRATIVE CODE
WISCONSIN SANITARY LICENSE
Words used in the present tense include the future; the singular
number includes the plural; the plural number includes the singular
number; the word "shall" is mandatory and not directory. Terms as
used in this chapter shall have the following meanings:
Any pervious soil and rock strata that contains groundwater.
An excavation which receives domestic wastewater by means
of a drain system without pretreatment of the wastewater and retains
the organic matter and solids, permitting the liquids to seep from
the excavation. Currently prohibited in Wisconsin.
[Amended 3-11-2020 by Ord. No. 2019-18]
An accessible opening in a drain system used for the removal
of obstructions.
[Amended 3-11-2020 by Ord. No. 2019-18]
The Washington County Planning and Parks Department.
[Added 10-9-2019 by Ord.
No. 2019-12]
Employees of the Washington Planning and Parks Department
and other authorized personnel.
[Amended by Ord. No. 1999-45; 10-9-2019 by Ord. No. 2019-12]
A dimensional zone that is part of a POWTS treatment or dispersal
component where wastewater is disseminated into in situ soil or engineered
soil.
[Added 3-11-2020 by Ord. No. 2019-18]
Wastewater, not including stormwater, normally discharged
or similar to that discharged from plumbing fixtures, appliances and
devices, including, but not limited to, sanitary, bath, laundry, dishwashing,
garbage disposal and cleaning wastewaters.
[Amended 3-11-2020 by Ord. No. 2019-18]
Liquid discharged from a process, device, appurtenance or
piping system.
[Amended 3-11-2020 by Ord. No. 2019-18]
Land which has been or may be covered by floodwater during
the regional flood. The floodplain includes the floodway, flood fringe,
shallow-depth flooding, flood storage and coastal floodplain areas.
[Amended 3-11-2020 by Ord. No. 2019-18]
Discarded materials resulting from handling, processing,
storage and consumption of food.
Any of the waters of the state as defined in § 281.01(18),
Wis. Stats., occurring in a saturated subsurface geological formation
of rock and soil.
[Amended 3-11-2020 by Ord. No. 2019-18]
Zones of soil saturation which include perched water tables,
shallow regional groundwater tables or aquifers, or zones that are
seasonally, periodically or permanently saturated.
An approved, watertight receptacle for the collection and
holding of wastewater.
[Amended 3-11-2020 by Ord. No. 2019-18]
Industrial wastes, including suspended solids, which are
in a nongaseous fluid or semifluid state and which are biodegradable
and of animal or plant origin.
An opening constructed to permit access by a person to a
sewer or any underground portion of a plumbing system.
[Amended 3-11-2020 by Ord. No. 2019-18]
Any source of filth or probable cause of sickness.
All abutting property owners and all property owners within
200 feet of the subject site.
A nontransportable structure incorporating holding facilities
designed to receive human body wastes directly from the user.
A transportable watertight structure incorporating holding
facilities designed to receive human body wastes directly from the
user.
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an individual site design 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 POWTS
may be owned by the property owner or a special-purpose district.
[Amended 10-9-2019 by Ord. No. 2019-12; 3-11-2020 by Ord. No. 2019-18]
A structure that is not connected to a plumbing system which
is used by persons for the deposition of human body wastes.
A structure used by the public for the deposition of human
body wastes and the associated cavity in the ground constructed for
toilet uses which receives human body wastes either to be partially
absorbed directly by the surrounding soil or storage for decomposition
and periodic removal.
A privy incorporating watertight vault facilities designed
to receive human body wastes directly from the user.
Combustible and noncombustible rubbish, including, but not
limited to, paper, wood, metal, glass, cloth and products thereof,
litter and street rubbish, ashes, and lumber, concrete and other debris
resulting from the construction or demolition of structures.
A flood determined by the Department to be representative
of large floods known to have generally occurred in Wisconsin and
which may be expected to occur on a particular stream because of like
physical characteristics. The regional flood generally has an average
frequency of the 100-year recurrence interval flood.[1]
Material which is of further usefulness only as raw material
for reprocessing or as imperfect stock from which replacement or spare
parts can be extracted.[2]
A tank which receives and partially treats sewage through
processes of sedimentation, oxidation, flotation and bacterial action
so as to separate solids from the liquid in the sewage and which discharges
the liquid to a soil absorption system.
[Amended 3-11-2020 by Ord. No. 2019-18]
Removing the scum, liquid, sludge or other wastes from a
POWTS, such as septic or holding tanks, dosing chambers, grease interceptors,
distribution cells, privies or portable restrooms and properly disposing
or recycling of the contents as provided in this chapter.
[Amended 3-11-2020 by Ord. No. 2019-18]
Wastewater containing fecal coliform bacteria exceeding 200
CFU, colony forming units, per 100 ml.
[Amended 3-11-2020 by Ord. No. 2019-18]
Those lands lying within the following distances: 1,000 feet
from the high-water elevation of navigable lakes, ponds and flowages;
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Soil types, slopes and erosion factors delineated on operational
soil survey maps prepared by the Natural Resources Conservation Service
for the County in cooperation with the Southeastern Wisconsin Regional
Planning Commission.
Has the meaning specified in § 289.01(33), Wis.
Stats.
[Amended 10-9-2019 by Ord. No. 2019-12]
Solid wastes, such as pesticides, acids, caustics, pathological
wastes, radioactive materials, flammable or explosive materials and
similar chemicals and harmful wastes, which require special handling
and disposal to protect and conserve the environment.
Any materials, such as explosives, fuel, litter, paper, garbage,
sewage, gas, inflammables, oil, refuse, rubbish, tar, wood ashes or
other solid or liquid materials, that may cause or contribute to health
hazards or a reduction in surface or subsurface water quality.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of obtaining
groundwater for human consumption.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
[Amended 3-11-2020 by Ord. No. 2019-18]
The rules of administrative agencies having rulemaking authority
in Wisconsin published as directed by the Wisconsin Statutes, including
subsequent amendments to those rules.
[Amended 3-11-2020 by Ord. No. 2019-18]
A license to service septic tanks, holding tanks, seepage
pits, grease traps, mobile public toilets or permanent or portable
privies, issued by the Wisconsin Department of Natural Resources pursuant
to Wisconsin Statutes.
[Amended 3-11-2020 by Ord. No. 2019-18]
[1]
Editor's Note: The former definition of "retailer," which
immediately followed this definition, was repealed 3-11-2020 by Ord.
No. 2019-18.
[2]
Editor's Note: The former definitions of "seepage bed," "seepage
pit," and "seepage trench," which immediately followed this definition,
were repealed 3-11-2020 by Ord. No. 2019-18.
