Adoption. Pursuant to § 59.70(5), Wis. Stats., the Pierce County Board of Supervisors adopts the Pierce County Private Sewage System Ordinance.
Reference to state regulations. This chapter shall be subject to the provisions of Chapter 145 and Chapter 254.59, Wis. Stats., and Chapters SPS 381 through 387, and SPS 391, Wisconsin Administrative Code, as applicable, and all subsequent rules and regulations promulgated thereunder regarding private on-site wastewater treatment systems (hereinafter referred to as "POWTS").
Severability. If any section, paragraph, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If an application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A detached building not used as a dwelling unit but incidental to that of the dwelling.
- Any room which could be used for sleeping purposes, regardless of actual use of the room. Examples of such rooms include but are not limited to dens, sewing rooms, studies and nurseries.
- CERTIFIED SOIL TESTER
- Permitted to conduct soil morphological evaluations and evaluate the significance of soil mottling.
- The Department of Safety and Professional Services (SPS).
- DOMESTIC WASTEWATER
- The type of wastewater normally discharged from plumbing fixtures, appliances or devices, including but not limited to sanitary, dishwashing, laundry, bath, garbage disposal and cleaning wastewater.
- Any structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household to the exclusion of all others.
- FAILING SANITARY SYSTEM
- The same meaning as given in § 145.245(4), Wis. Stats., states in part: A failing private sewage system is one which causes or results in any of the following conditions: (a) the discharge of sewage into surface water or groundwater; (b) the introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system; (c) the discharge of sewage to a drain tile or into zones of bedrock; (d) the discharge of sewage to the surface of the ground; (e) the failure to accept sewage discharges and backup of sewage into the structure served by the private sewage system.
- All land under common ownership that is primarily devoted to agricultural use.
- HUMAN HEALTH HAZARD
- A substance, activity, or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public.
- ISSUING AGENT
- The Pierce County Department of Land Management through its authorized agent, the Pierce County Zoning Administrator, assigned the duties of administering the private sewage system program by the Pierce County Board of Supervisors.
- LOCAL GOVERNMENT
- Includes townships, villages and cities.
- OPEN BODIES OF WATER
- All lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water, natural or artificial, public or private, within the state or under its jurisdiction.
- PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS)
- 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 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 POWTS may be owned by the property owner or by a special purpose district.
- PRIVY, PIT
- An enclosed, nonportable toilet into which non-water-carried human wastes are deposited to a subsurface storage chamber which is not watertight.
- PRIVY, VAULT
- An enclosed, nonportable toilet into which non-water-carried human wastes are deposited to a subsurface storage chamber which is watertight.
- SANITARY PERMIT
- A permit issued by the Department or the issuing agent for the installation or modification of a POWTS.
- STATE PLUMBING CODE
- Chapters SPS 381 to 387 of the Wisconsin Administrative Code.
- Anything constructed, erected or manufactured, the use of which requires a more or less permanent location on or in the ground.
- A failure to comply with any provision of this chapter.
The administration of this chapter shall be the duty of the issuing agent. The issuing agent shall provide, contract for, or hire state-certified POWTS inspectors or certified soil testers as directed by action of the Pierce County Board of Supervisors.
The purpose of this chapter is to:
Exercise jurisdiction over the construction and inspection of all new POWTS in the County;
Provide plan review and inspection performed by state-certified inspectors;
Establish and collect permit fees to defray POWTS inspection costs;
Provide remedies and penalties for violations; and
Establish a County office responsible for administration of the POWTS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be a limitation or repeal of any other powers granted by the Wisconsin Statutes and the Wisconsin Administrative Code.