Oneida County, WI Permits and Applications.

Soil and site evaluations shall be done prior to the issuance of sanitary permits as specified in Chs. SPS 383, SPS 385 and SPS 391, Wis. Adm. Code.

Soil test pits shall be constructed which allow adequate visual observation of the soil profile in place. This is best accomplished by the excavation of backhoe pits as referred to in Ch. SPS 385.20(3)(c).

Department verification of a soil and site evaluation report may be necessary to determine the suitability of a lot for a POWTS as specified in Chs. SPS 385.50(2), Wis. Adm. Code. This verification will be made at the discretion of the issuing agent and will be made prior to the issuance of the sanitary permit. This verification will result in one of the following:

Issuance of the permit, provided all information on the application is correct and complete.

Establishment of a file indicating site suitability.

Holding the application pending clarification of information or new information by the owner, the plumber, or the certified soil tester.

Denial of the permit if the site does not meet all the provisions of this chapter and appropriate Wisconsin Statutes and Administrative Codes.

A certified soil tester may request department verification of a soil and site evaluation report before a complete sanitary permit application is submitted. Application for this verification shall include all information required in § 13.31(2)(a)(1 through 6) on forms provided by the Department and the original copy of the soil and site evaluation report. The department reserves the right to refuse verification of a soil and site evaluation report in accordance with Ch. SPS 385.30(5), Wis. Adm. Code.

§ 13.31 Sanitary Permit Applications.

General.

Every POWTS shall require a separate application and sanitary permit pursuant to § 145.19, Wis. Stats.

A sanitary permit shall be obtained by the property owner, his agent or contractor, in the name of the property owner, prior to the installation, establishment or construction of any structure which requires a POWTS or nonplumbing sanitation system. Any property owner, his agent or contractor who starts construction prior to obtaining a sanitary permit is in violation and may be subject to the penalties provided in this chapter.

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

A County sanitary permit shall be obtained prior to constructing or installing a nonplumbing sanitation system.

A County sanitary permit shall be required for soil remediation or renovation processes such as physical (i.e., Terralift^™) or chemical (i.e., Porox^™). A County sanitary permit is not required for soil remediation or renovation processes if the POWTS was installed after January 1, 1980.

If any part of a POWTS has failed or requires replacement or modification, the entire system shall be evaluated for compliance with codes that existed at the time of installation prior to sanitary permit issuance. This shall include a soil and site evaluation for those components that utilize in situ soil for treatment or dispersal, unless a valid report is already on file with the Department. If any part of the system is found to be defective or not in conformance with the applicable provisions of this chapter, the sanitary permit application shall include specifications for the repair, renovation, replacement or removal of that part.

Application requirements.

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

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

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

All lot dimensions.

Driving directions to the site.

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

Soil and site evaluation report.

System plans [see § 13.31(3)(a through f)].

Appropriate agreements and contracts for system management and maintenance.

Copies of any documents required in § 13.31(2)(d)(1 through 5) and verification that they have been recorded.

10.

Any other information required by the Department, including verification of compliance with § 13.61(11) of this chapter.

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

Pit privy permit applications shall be accompanied by soil data provided by a certified soil tester to determine compliance with Ch. SPS 391, Wis. Adm. Code.

The following documents must be recorded with the Oneida County Register of Deeds prior to sanitary permit issuance:

Maintenance requirements, if recording is required by § SPS 383, Wis. Adm. Code, or § 13.52 of this chapter.

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

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

If a POWTS is owned by a party other than the owner of the parcel on which it is installed, a document identifying the owner of the system, the structures to be served by the system, and the party responsible for operation and maintenance must be recorded.

If the design wastewater flow of a POWTS for a dwelling is not based upon the number of bedrooms within the dwelling, a deed restriction specifying maximum wastewater flow must be recorded.

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

Plans. System plans shall be submitted for approval to the Department or to the state in accordance with Ch. SPS 383, Wis. Adm. Code. Plans shall comply with the requirements of Ch. SPS 383, Wis. Adm. Code, and this chapter.

Plans submitted to the Department shall include the original.

If plans are reviewed and approved by the state, at least one set of the plans submitted to the Department shall bear an original state approval stamp or seal.

Plans submitted shall be clear, legible and permanent copies.

Plans submitted shall comply with Ch. SPS 383, Wis. Adm. Code, and include the following:

The name of the property owner and the legal description of the site, including parcel identification number.

Estimated daily wastewater flow and design wastewater flow.

A detailed plot plan (site plan), dimensioned or drawn to scale, on paper no smaller than 8 1/2 inches by 11 inches in size. The plot plan shall delineate the lot size and the location of all existing and proposed: POWTS components; building sewers; private interceptor main sewers; wells; water mains or water services; buildings; lot lines; swimming pools; navigable waters; and the benchmark established on the soil and site evaluation report. Adjoining properties shall be checked to insure that the horizontal setback parameters in Ch. SPS Table 383.43-1, Wis. Adm. Code, are complied with. All separating distances and dimensions shall be clearly shown on the plot plan.

Details and configuration layouts depicting how the system is to be constructed.

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

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

Plans shall be signed or sealed as specified in Ch. SPS 383, Wis. Adm. Code.

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

A modification to the design of a POWTS which has been previously approved shall be submitted to the Department or the state as specified in Ch. SPS 383, Wis. Adm. Code. Plan revisions must be approved prior to system installation. A fee may be charged when submitting revised plans, see § 13.37.

§ 13.32 Sanitary Permit — General Approval and Conditions.

Conditional approval.

When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code and this chapter have been complied with when applying for a sanitary permit, the permit shall be approved. Conditions may be attached to the permit application to provide clarifications.

The permit shall only be valid for an installation that completely complies with Wisconsin Statutes, Wisconsin Administrative Code and this chapter. Failure to denote an error and/or correction on the permit application does not lessen the requirements upon the applicant from installing a system and/or component that meets the Wisconsin Statutes, Wisconsin Administrative Code and this chapter.

Permit cards.

The permit card issued by the issuing agent to the property owner or his agent shall serve as the sanitary permit.

The permit card shall contain all the information required by § 145.19, Wis. Stats..

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

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

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

Permit expiration.

A sanitary permit for a POWTS or nonplumbing sanitation system which has not been installed, replaced, repaired, modified or reconnected and approved shall expire two years after the date of issuance unless renewed. Permits may be renewed following submittal of an application to the Department by the property owner, his agent or contractor, prior to the expiration date of the original permit.

There shall be a fee for the renewal of a sanitary permit. (See § 13.37.)

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

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

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

Sanitary permits which have been renewed shall expire two years from the date of renewal.

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

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

The applicable form shall be submitted to the Department.

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

Transfer of ownership shall not affect the expiration date or renewal requirements. There shall be a fee for transfer of ownership. (See § 13.37.)

Change of plumbers.

When an owner wishes to change plumbers, it will be necessary for the owner to furnish the Department with the applicable state form signed by the new plumber.

System plans requiring state plan approval shall not be transferred to a different plumber unless the plan bears the stamp of an architect or engineer, plumbing designer, or a state-level approval is obtained by the new plumber.

There shall be a fee for change of plumbers. (See § 13.37.)

Permit denial. When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code or this chapter have not been complied with when applying for a sanitary permit, the permit shall be denied. The issuing agent shall issue written notice to the owner and the plumber whose sanitary permit application is denied. Each notice shall:

State the specific reason for disapproval or amendments to the application, if any, which would render the application approval.

Inform the applicant of the right to appeal and the procedures for conducting an appeal under the provision of § 68.10, Wis. Stats., and Chapter 17 of the General Code. The Oneida County Board of Adjustment shall conduct the appeal.

§ 13.33 Sanitary Permit — Specific Requirements for Approval.

POWTS with portions crossing town roads. When portions of POWTS are proposed to cross town roads and/or encroach in a town road right-of-way, permission shall be obtained by the town board of that town through an approved motion granting permission to cross the road at a town board meeting and/or through an easement granted by the town board. Certified copies of the minutes and/or the original easement shall be submitted with the sanitary permit application.

POWTS with portions crossing private roads. When portions of a POWTS cross private roads owned fully or partially by others, permission shall be obtained through an easement.

Multiple soil/site evaluations for same parcel. When more than one soil/site evaluation has been performed on a parcel, a County soil and site verification may be performed. The applicant shall provide all necessary equipment to perform such verification. The Department may waive such verification provided the site/soil evaluations show similar findings.

POWTS serving more than one structure on different parcels. When a POWTS is to serve two or more structures or buildings that are located on more than one property with a design flow of more than 3,000 gallons a day of design flow (actual times 150%), the system is required to be owned by a governmental entity or agency. Documentation is required to be recorded pursuant to § 13.31(2)(d)(3) and (4).

Administrative code variance applications. When petitioning the state for any Administrative Code variance, a copy of the request shall be submitted by the petitioner to the Department. Additional documents shall provide background information, the options considered and the reasons why the options could not be used with strict adherence to the Administrative Code. The Department may request that other options be explored to eliminate the need for a variance. The Department shall be allowed to comment on the petition for variance.

Pretreatment components such as, but not limited to, aerobic treatment units, sand filters, recirculating sand filters, gravel filters, and peat filters.

Prior to approval of a POWTS pretreatment unit sanitary permit, a detailed management plan shall be submitted to the Department. This management plan shall provide a list of all replacement equipment, the location as to where the replacement equipment can be obtained, a list of approved maintainers (which includes full names, addresses, company names, corresponding phone numbers), the corporate name, address and phone numbers of the equipment manufacturer.

Also prior to approval of a POWTS pretreatment unit sanitary permit, a meeting shall take place between the Department, the installer and the property owner to ensure the installer and property owner are aware of the necessary site and maintenance requirements. The owner shall recognize that these systems require additional operational maintenance resulting in additional operational expenses.

A preconstruction meeting may be required at the site prior to installation of the pretreatment component at the discretion of the Department. During this meeting, an overview of the work schedule shall be outlined with Department staff and the applicant. Appropriate notices shall be made by the installer to ensure Department staff is in attendance.

(7)

Experimental systems and other systems not recognized by Ch. SPS 383.60.

Prior to application for state experimental plan approval the applicant shall request a meeting with Department staff. During this meeting, information shall be presented to the Department which is detailed in Ch. SPS 383.27, Wis. Adm. Code. A comment period of no less than 30 days after the meeting shall be required by the Department prior to the applicant submitting the application to the state. Additional time may be requested by the Department.

The applicant shall provide a detailed contingency plan, outlining the steps that will be taken upon failure of the experimental system. Further, the Department may require surety bonds to insure that if the experimental system fails, necessary funds are available to restore the site and/or to promote the health and general welfare of residents and visitors of Oneida County.

The department may require additional assurances from the applicant that the experiment will have no deleterious effects upon surface and groundwater. Examples of these assurances include requiring periodic Department inspections, regular-interval results examining the short-term and long-term effects at the site, applicant inspections at predetermined intervals as well as any other similar requirement ensuring health and resource protection.

Prior to approval of a sanitary permit for an experimental design, a detailed management plan shall be submitted to the Department. This management plan shall provide a list of all replacement equipment, the location as to where the replacement equipment can be obtained, a list of approved maintainers (which includes full names, addresses, company names, and corresponding phone numbers), the corporate name, address and phone numbers of the equipment manufacturer.

Also prior to approval of a sanitary permit for experimental and other systems not recognized by Ch. SPS 383.60, Wis. Adm. Code, a meeting shall take place between the Department, the installer and the property owner to ensure the installer and property owner are aware of the necessary site and maintenance requirements. The owner shall recognize that these systems may require additional operational maintenance resulting in additional operational expenses.

§ 13.34 Reconnection.

A County reconnection permit shall be obtained prior to:

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

Disconnection of a structure from an existing POWTS and connection of another structure to the system, except as permitted in § 13.34(4); or

Rebuilding a structure that is connected to a POWTS.

Prior to issuing a reconnection permit, the existing POWTS shall be examined to:

Determine if it is functioning properly and whether it is a failing system.

Determine if it will be capable of handling the proposed wastewater flow and contaminant load from the building to be served.

Determine that all minimum setback requirements of Ch. SPS 383, Wis. Adm. Code, will be maintained.

Application for a County reconnection permit shall include the following:

All items in § 13.31(2)(a)(1 through 5) and § 13.31(2)(a)(9 through 10);

For all systems that utilize in situ soil for treatment or disposal, a soil and site evaluation report verifying that the vertical separation distance between the infiltrative surface of the existing treatment or dispersal component and estimated high groundwater elevation and/or bedrock complies with Ch. SPS 383, Wis. Adm. Code, unless a valid report meeting these criteria is on file with the Department;

A report provided by a licensed plumber, certified septage servicing operator or a POWTS inspector or other person(s) authorized to do so by Ch. SPS 383, Wis. Adm. Code, relative to the condition, capacities, baffles and manhole covers for any existing treatment or holding tanks;

A report provided by a licensed plumber, a POWTS inspector or other person(s) authorized to do so by Ch. SPS 383, Wis. Adm. Code, relative to the condition and capacities of all other system components and verifying that the system is not a failing system;

A plot plan prepared by a plumber or other person(s) authorized to do so by Ch. SPS 383, Wis. Adm. Code, including information specified in § 13.31(3)(d)(3); and

A state sanitary permit for any system components which will be modified or replaced.

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

(h)

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

Replacing a structure with a new or different structure within two years of the date of permit issuance will only require a statement that the system has not been altered, a statement that a modification in wastewater flow or contaminant load will not occur, a plot plan that documents all setbacks between the structure and system components and a reinspection fee.

All POWTS shall be inspected at the time of reconnection, prior to backfilling, to insure that proper materials and methods are being used.

Preconstruction site meetings may be required for all technologies and installations as deemed necessary by the Department. Specific technologies shall require preconstruction site meetings.

§ 13.35 Construction Affecting Wastewater Flow or Contaminant Load.

Construction that is considered to be a modification of wastewater flow or contaminant load is defined in Ch. SPS 383.25(2)(c)2a and b, Wis. Adm. Code.

Prior to commencing the construction of an addition to or modification of a structure which will affect the wastewater flow and/or contaminant load to an existing private on-site wastewater treatment system, the owners of the property shall:

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

Provide the following to the Department:

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

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

Documentation specified in § 13.34(3)(b), (c) and (d).

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

§ 13.36 Construction Not Affecting Wastewater Flow or Contaminant Load.

Prior to commencing construction of any structure or addition to a structure on a site where there exists a POWTS, the owner or his agent shall determine that the proposed structure conforms with applicable setback limitations of Ch. SPS 383, Wis. Adm. Code. Documentation shall be submitted as required in Ch. SPS 383, Wis. Adm. Code.

§ 13.37 Permit Fees.

The applicant upon filing his application, shall pay a fee in accordance with the fee schedule adopted by the County Board.

State sanitary permits for public buildings.

State sanitary permits for nonpublic buildings.

County sanitary permits.

Nonplumbing sanitation system.

Soil remediation or renovation processes.

Reconnection permit (not requiring replacement, addition or modification of system components).

Other fees.

Renewal of sanitary permits.

Plumber change.

Owner transfer.

Reinspection and additional inspection.

Revision.

A fee may be charged for any plan revision which is not submitted and approved by the Department before inspection of the system has commenced. Revisions received after 30 days of system installation shall automatically be charged a revision fee.

If a plan revision results in a change to a system type or site for which a higher sanitary permit or plan is required, the difference between the fee already paid and the fee for the system installed will be charged.

Soil saturation determination.

Wisconsin Fund application.

(h)

Monitoring and management tracking.

(i)

Soil and site evaluation filing.

(j)

At-risk facilities monitoring.

(k)

POWTS Maintenance Program Fee.

[Added 4-20-2021 by Res. No. 39-2021, effective 5-7-2021]

As allowed by Wisconsin Statutes § 145.20(4), each owner of a POWTS shall annually be charged a fee per POWTS for the recordkeeping attributable to the inventory and tracking of the pumping and maintenance of each POWTS. The annual fee shall be included on the property owner’s property tax bill as a special charge.