Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-2-1991 as Title 6, Ch. 4 of the 1991 Code]

§ 267-1 Purpose.

The purpose of this article is to regulate the installation, use and maintenance of holding tanks as private sewage systems within the Town of Cedarburg. The installation, use and maintenance of holding tanks shall be permitted only under the terms and conditions set forth herein. The Town of Cedarburg deems it necessary to have a holding tank ordinance as an acceptable measure for the replacement of an existing inadequate sanitary facility presently in use or for a new facility that was unable to obtain an on-site soil absorption system for domestic sewage.

§ 267-2 Limitation to existing parcels.

The installation and use of holding tanks for sewage disposal service at new residential and nonresidential structures located on residential and agricultural zoned properties shall be prohibited, unless expressly approved by the Town Board. Holding tanks for existing residential structures or other uses shall be considered on an individual basis. The Town Administrator may approve temporary holding tank agreements lasting for no more than six months.
[Amended 5-7-2014 by Ord. No. 2014-6; 8-6-2014 by Ord. No. 2014-13]
Any parcel of land existing on November 25, 1975, which cannot qualify for any other approved on-site wastewater disposal system may be eligible for a holding tank, subject to a holding tank maintenance agreement with the Town.

§ 267-3 Compliance with development regulations.

The provisions of this article shall comply with Chapter 320, Zoning, and Chapter 184, Land Division, of this Code and the Comprehensive Land Use Plan, and in the event of a conflict the stricter provision shall apply.

§ 267-4 Administrative Code requirements.

[Amended 6-6-2012 by Ord. No. 2012-14]
All holding tanks shall fully comply with the requirements of SPS 383, Wis. Adm. Code, the provisions of which are adopted by reference and made a part of this article.

§ 267-5 Agreement required.

Holding tanks for use as private sewage systems shall not be installed for any new or existing structure in the Town without first entering into an agreement as provided herein. Replacement holding tanks for existing structures to replace defective systems shall also be required to comply with this article.

§ 267-6 State permit required.

[Amended 6-6-2012 by Ord. No. 2012-14]
Prior to the installation of any holding tank for private sewage purposes within the Town, the owner of the premises desiring to install the holding tank shall apply (through a properly credentialed contractor) to the Ozaukee County Land and Water Management Department for a State of Wisconsin permit authorizing the installation of the holding tank.

§ 267-7 Holding tank agreement.

[Amended 6-6-2012 by Ord. No. 2012-14]
Prior to the issuance of a permit by the Ozaukee County Land and Water Management Department, the applicant must consent to and sign a holding tank agreement as provided in the attached document Exhibit A and incorporated in this article by reference.[1] The holding tank agreement shall be signed by the Town Chairperson and Town Clerk on behalf of the Town of Cedarburg upon proper approval and recommendation of the Town Board as provided herein.
Editor's Note: The holding tank agreement is on file at the Town Clerk's office.

§ 267-8 Cash deposit.

Prior to the completion of the holding tank agreement between the applicant and the Town of Cedarburg, the applicant shall deposit with the Town a bond in cash, the sum of which shall be $1,000 for commercial and industrial properties and $600 for other properties. The cash deposit, held in escrow by the Town, shall be available to the Town for reimbursement for any and all expenses incurred by the Town while cleaning up and/or preventing any discharge from the applicant's holding tank or alleviating any nuisance which may occur as a result of the installation of the holding tank, its misuse or lack of proper maintenance.

§ 267-9 Tests.

Before application is made for a holding tank agreement, the following tests shall be made and information documented:
A bona fide soil test, as defined in SPS 383, Wis. Adm. Code, shall be made on said property.
[Amended 6-6-2012 by Ord. No. 2012-14]
A copy of the soil test on Wisconsin SPS Form SBD-8330 Soil Evaluation Report (R11/11) shall be submitted to the Town.
[Amended 6-6-2012 by Ord. No. 2012-14]
The results of the above shall show that no other type of on-site wastewater disposal system is available or can be used on said property.

§ 267-10 Inspections.

The Town Building Inspector shall be authorized to inspect at reasonable times any holding tank installed and in use under this article.

§ 267-11 Notice of violation.

Upon personal inspection by the Building Inspector, if the holding tank has not been properly maintained or serviced in compliance with Wisconsin law or in such a manner as to create a nuisance, the Building Inspector may issue a notice to pump or correct the violation within not less than 24 hours. The notice shall indicate that failure to pump the holding tank or take corrective action as directed shall result in the Town causing such work to be done and charged back to the owner and, further, that failure to pay the costs of such work within 30 days of date of notice of the charges shall result in placing the charge on the owner's tax bill as a special charge.

§ 267-12 Action by Town; recovery of costs.

Upon failure of an owner to comply with a proper notice of the Town Building Inspector to pump or correct a violation in the use of a holding tank, the Building Inspector may contract with a properly licensed business to pump or correct the holding tank. The costs of such pumping or corrective action shall be billed to the owner of the land. Failure to pay the costs within 30 days shall result in the placing of the costs on the owner's tax bill as a special charge. The special charge shall be a special assessment against the property.

§ 267-13 Pumping report.

[Amended 6-6-2012 by Ord. No. 2012-14]
Pursuant to SPS 383, Wis. Adm. Code, and the holding tank agreement, a properly credentialed service provider, on behalf of the owner, shall submit a service report through the electronic reporting system of the Ozaukee County Land and Water Management Department within 30 days of any service event. The properly credentialed service provider shall also submit a report to the Town Building Inspector which shall state the following:
The owner's name.
The pumper's name.
Location of property where the holding tank is located.
Dates and volumes pumped.
Disposal site of the volume pumped.
Sanitary permit number issued for the holding tank.

§ 267-14 Violations and penalties.

In addition to the other procedures contained herein, any person violating this article by installing or using a holding tank without the issuance of a proper permit shall be subject to the general penalty provisions of this Code in Chapter 1, § 1-3.

§ 267-15 Injunctive relief.

The Town Board may authorize the commencement of appropriate legal action or proceedings to prohibit the owner, resident, agent or occupant of the premises from use of a holding tank installed or used in violation of this article.