(1) 
All structures or premises in the County that are permanently or intermittently intended for human habitation or occupancy, which are not serviced by a public sewer, shall have a system for holding or treatment and dispersal of sewage and wastewater which complies with the provisions of this chapter.
(2) 
The POWTS or nonplumbing sanitation system for newly constructed structures or structures requiring a reconnection permit shall be installed, inspected, and approved before the structure may be occupied.
This chapter incorporates by reference the following rules, regulations, and laws, as set forth in the Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction, and use of POWTS: § 59.70(5), Chs. 145, 281.48 and 283.31, Wis. Stats.; Chs. SPS 381, SPS 382, SPS 383, SPS 384, SPS 385, SPS 386, SPS 387, SPS 391, NR 113, NR 116 and NR 206, Wis. Adm. Code. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered.
(1) 
All domestic wastewater shall enter a POWTS unless otherwise exempted by the state or this chapter.
(2) 
A nonplumbing sanitation system may be permitted only when the structure or premises served by the nonplumbing sanitation system is not provided with an indoor plumbing system. If plumbing is installed in the structure or running water is supplied to the structure, an acceptable method of sewage disposal other than, or in addition to, a nonplumbing sanitation system must be provided.
(3) 
Any POWTS or portion(s) thereof, installed within a floodplain shall comply with all applicable requirements of Ch. NR 116, Wis. Adm. Code, and the Oneida County Floodplain Zoning Ordinance, Chapter 20 of the General Code of Ordinances for Oneida County.
(4) 
Compliance.
(a) 
When a failing POWTS or nonplumbing sanitation system is identified, it shall be brought into compliance with current code requirements, replaced with a code-compliant system or its use discontinued within that period of time required by Department order.
(b) 
Unlawfully modified POWTS, a POWTS that has sewage bypassed or a holding tank which is discharging untreated or partially treated sewage into the ground, onto ground surface or into surface waters may be ordered by the Department to be corrected or replaced with a code-compliant system.
All recreational vehicles used as a dwelling for more than five consecutive days shall comply with the following requirements.
(1) 
Obtain a sanitary permit for a private on-site waste water treatment system if the recreational vehicle is provided a connection to potable water and/or electric.
(2) 
Obtain a nonplumbing sanitary system permit if not connected to water and/or electric.
(1) 
(!) The issuance of sanitary permits for the construction or use of POWTS designs that utilize one or more of the following technologies, designs or methods below shall be prohibited pursuant to Ch. SPS 383.32(2)(a), Wis. Adm. Code:
(a) 
An evapotranspiration bed as a POWTS treatment component.
(2) 
No large on-site wastewater treatment system shall be installed or operated in Oneida County. This prohibition shall not apply to:
(a) 
Any large on-site wastewater treatment system for which a water pollution discharge elimination system (WPDES) permit has been issued by the Wisconsin Department Natural Resources (WDNR) pursuant to § 283.31, Wis. Stats. Any large-scale on-site wastewater treatment system shall be subject to ongoing maintenance and operating strategies required by the WDNR, including periodic permit review and renewal. Failure of the owner of a large on-site wastewater treatment system to have a valid WPDES permit or renewal thereof from the WDNR shall constitute violation of this chapter and be subject to penalties specified in § 13.63(2) until such time as the owner demonstrates that a valid WPDES permit has been again issued by the WDNR.
(3) 
Pursuant to Ch. SPS 383.32(2)(c), Wis. Adm. Code, the issuance of sanitary permits shall be prohibited for POWTS that service two or more structures or buildings that are located on more than one property. This prohibition shall not apply to a POWTS that has a design flow of 3,000 gallons per day or less, or POWTS systems that have a design flow of greater than 3,000 gallons per day and are owned by a governmental entity or agency such as a sanitary district, utility district, or special purpose district.
(4) 
Recreational vehicle transfer containers are prohibited unless they are located within a campground permitted by the Department of Health and Family Services under Ch. HFS 178, Wis. Adm. Code.
(1) 
When public sewers approved by the Department of Natural Resources become available to the structure or premises served, the POWTS shall be disconnected within one year and a connection made to the public sewer. Determination of whether the sewer is available shall be made by the local sewer service entity. Abandonment of the disconnected POWTS shall be done in accordance with the provisions of Ch. SPS 383, Wis. Adm. Code.
(2) 
The components of an existing POWTS that are not part of the approved design of a replacement system shall be abandoned per Ch. SPS 383, Wis. Adm. Code, at the time of the installation of the replacement system by the plumber installing the system.
(1) 
Nonplumbing sanitary systems shall comply with the minimum requirements of Chs. SPS 391 and SPS 362.2900(2)(a) and (b), Wis. Adm. Code, unless this chapter is more restrictive.
(2) 
Pit- and vault-type privies shall be sturdily constructed and maintained in a clean and healthful condition.
(3) 
Pit- and vault-type privies shall be located at the minimum horizontal distance of:
(a) 
Twenty-five feet from dwellings.
(b) 
Ten feet from lot line.
(c) 
Fifty feet from any well.
(d) 
Seventy-five feet from the ordinary high water mark of a lake or stream.
(e) 
Fifteen feet from a shoreland/wetland.
[Amended 2-18-2020 by Res. No. 19-2020 (Ord. No. 1-2020), effective 2-29-2020]
(4) 
Composting and Incinerating Toilets.
[Added 2-18-2020 by Res. No. 19-2020 (Ord. No. 1-2020), effective 2-29-2020]
(a) 
The disposal of compost and/or ash shall be in accordance with 40 CFR 503.
(b) 
The disposal of any liquid shall be to a public sanitary sewer system or a POWTS conforming to Chapter SPS 383.
(c) 
The materials, design, construction, setback and performance shall conform to Chapter SPS 391.
[Added 2-18-2020 by Res. No. 19-2020 (Ord. No. 1-2020), effective 2-29-2020]
(1) 
A sanitary permit is not required for a portable restroom.
(2) 
When Allowed.
(a) 
Portable, self-contained toilets may be allowed for emergency purposes, at construction sites, and in quarries for the duration of the project or need. In such cases, there must be a service contract or agreement to ensure the appropriate maintenance of the toilet.
(b) 
Portable, self-contained toilets may be allowed on a temporary basis not to exceed two weeks for short-term events, such as auctions, flea markets, recreational events, etc. In such cases, there must be a service contract or agreement to ensure the appropriate maintenance of the toilet.
(3) 
Portable restrooms are prohibited as a substitution for an approved private on-site wastewater treatment system (POWTS), for other non-plumbing sanitation systems, or for connection to a municipal wastewater system.