[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-16-2013 by Ord. No. 10-2013]
A.
Statutory authority. This article is adopted pursuant to the authorizations
in §§ 59.70(1) and (5), 145.01, 145.04, 145.19, 145.20,
and 145.245, Wis. Stats., as may be amended from time to time.
[Amended 7-20-2021 by Ord. No. 38-2021]
B.
Conflict of laws. In the event of litigation involving this article,
the laws of Wisconsin shall govern.
C.
Purpose. This article is adopted to promote and protect the public
health and safety by assuring the proper siting, design, installation,
inspection, and management of private on-site wastewater treatment
systems and non-plumbing sanitation systems.
D.
Title. This article shall be titled and referred to and cited as
the "Adams County Private On-Site Wastewater Treatment Systems Ordinance."
E.
Abrogation and greater restrictions. By this article it is not intended
to repeal, abrogate or impair any existing ordinances, rules, restrictions
or regulations; however, where this article imposes greater restrictions,
this article shall prevail.
F.
Interpretation. Provisions of this article shall be liberally construed
and shall not be deemed a limitation or repeal of any other powers
granted by the Wisconsin Statutes and related Administrative Codes.
As unforeseen circumstances arise that are not specifically covered
under this article, the basic principles and purpose of this article
shall guide its interpretation and application.
G.
Repeal and effective date. This article shall be effective after
public hearing, adoption by the County Board and publishing or posting
as required by law. The provisions of the existing Adams County Private
Sewage System Ordinance dated April 21, 2009, regarding servicing
and reporting deadline dates shall be repealed effective on the date
this article is enacted.
H.
Liability. This article shall not create a liability on the part
of or cause of action against the County or any employee thereof for
any private on-site wastewater treatment systems (hereafter referred
to as POWTS) or non-plumbing sanitation system that may not function
as designed. There shall be no liability or warranty for any site
that is approved or denied. The issuance of a sanitary permit and
inspections thereof do not warrant the system's function, nor is there
a guarantee that the system is free of defects or that all aspects
of the system comply with Wisconsin Statutes or Administrative Codes.
I.
Incorporation by reference. This article incorporates by reference the following rules, regulations, and laws, to govern the location, construction and use of a POWTS and non-plumbing sanitation systems pursuant to this article: as set forth in Chapter 145 and §§ 254.59, 281.48, 968.10, and 59.70(5) of the Wisconsin Statutes and Chapters SPS 305, 381, 382, 383, 384, 385, 387 and 391 and Chapters NR 113 and 116 of the Wisconsin Administrative Code, as may be amended from time to time.
J.
Applicability. The requirements of this article shall apply to all
geographic areas of Adams County not served by public sewer.
A.
General. For the purpose of this article, the following definitions and those contained in rules and regulations promulgated pursuant to Ch. 145, Wis. Stats., and Ch. SPS 381, Wis. Adm. Code, shall apply. Other words shall be presumed to have their customary dictionary definition. Pursuant to this article the Adams County Planning and Zoning Department shall be referred to as the "Adams County Planning and Zoning Department," "Planning and Zoning Department" or "County."
B.
BUILDING
BUILDING SEWER
BUSINESS DAY
CAMPING UNIT
CONVENTIONAL POWTS
FAILING NON-PLUMBING SANITATION SYSTEM
FAILING POWTS
HUMAN HABITATION
MODIFICATIONS TO WASTEWATER FLOW OR CONTAMINANT LOAD
NON-PLUMBING SANITATION SYSTEM
NON-PLUMBING SANITATION SYSTEM COUNTY PERMIT
OCCUPY
PLUMBER
PORTABLE RESTROOM
POWTS
PRIVY, PIT
PRIVY, VAULT
REBUILT
RV TRANSFER CONTAINER
SANITARY INSPECTOR
SANITARY PERMIT
SANITARY PERMIT, COUNTY
SEPTIC TANK
STATE
STRUCTURE
USE PERMIT, COUNTY
PLANNING AND ZONING ADMINISTRATOR
Specific definitions. As used in this article, the following terms
shall have the meanings indicated:
Items constructed, erected or placed on a property requiring
a more or less permanent location on or in the ground, intended or
capable of temporary, intermittent or permanent human habitation or
to occupy as an accessory use, including but not limited to items
such as a dwelling, manufactured dwelling or home, residential, commercial,
industrial or public facility, accessory building, cabin, cottage
or other similar uses.
Portions of the drain system which are defined as a building
sewer or private interceptor main sewer by Ch. SPS 381, Wis. Adm.
Code, shall not be considered a part of the POWTS.
A day the Adams County Planning and Zoning Department is
open for business within the hours of 8:00 a.m. to 4.30 p.m., excluding
Saturdays, Sundays or holidays.[1]
Any portable device no more than 400 square feet in area,
having an overall length of 45 feet or less, and a body width of eight
feet six inches or less, primarily designed as temporary living quarters
for recreational, camping or travel use, including but not limited
to a camping trailer, motor home, bus, park model, van, truck camper,
tent, and popup-type camping trailer.
[Added 7-20-2021 by Ord. No. 38-2021]
A type of POWTS utilizing and consisting of a septic tank
with in-ground soil absorption components and gravity distribution
of effluent, or non-pressurized in-ground type system.
One which causes or results in the discharge of human wastes,
excrement or partly treated sewage to:
As specified in § 145.245(4), Wis. Stats., which
reads as follows: "A failing private on-site wastewater treatment
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 on-site wastewater treatment 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 on-site wastewater treatment system."
An act of inhabiting a place of abode; to occupy a structure
whether intermittently or as a principal residence, as a dwelling,
or as a sleeping place.
Modifications in wastewater flow or contaminant load discharging
to a POWTS shall be considered to occur:
Pursuant to this article refers to sanitation systems or
devices within the scope of Ch. SPS 391, Wis. Adm. Code, which are
alternatives to water-carried waste plumbing fixtures and drain systems.
Refers to a permit issued by the Adams County Planning and
Zoning Department for the installation, replacement, modification
and repair of non-plumbing sanitation systems within the scope of
Ch. SPS 391, Wis. Adm. Code, not governed under a County use or privy
permit.
Pertains to and is the purpose for which a building is used.
A person licensed by the State of Wisconsin per §§ 145.06(1)(a)
and 145.14(1)(a), Wis. Stats., to perform plumbing activities as specified
under § 145.01(10), Wis. Stats.
Pursuant to this article refers to an approved product for
the use within the scope of Ch. SPS 391, Wis. Adm. Code, that is a
self-contained portable unit that includes fixtures incorporating
holding tank facilities designed to contain human waste and/or excrement.
Refers to and means private on-site wastewater treatment
system as specified under § SPS 381.01(182), Wis. Adm. Code,
and has the meaning given under § 145.01(12), Wis. Stats.,
as specified under § SPS 381.01(194), Wis. Adm. Code.
[Amended 6-20-2017 by Ord. No. 18-2017]
An enclosed nonportable toilet with a subsurface storage
chamber that consists of earthen sides and/or bottom that is not watertight,
into which non-water-carried human wastes and/or excrement is deposited
and is not connected to any type of water plumbing system.
An enclosed nonportable toilet with a subsurface watertight
storage chamber into which non-water-carried human wastes and/or excrement
is deposited and is not connected to any type of water plumbing system.
Pursuant to this article a vault privy is considered a non-plumbing
sanitation system.
Construction that takes place after a structure is demolished
or incurred unrepairable (requires replacement of materials) damage
to the extent of 50% or more of its current envelope volume.[2]
Refers to a type of sanitary holding tank, with a mimimum
capacity of 300 gallons, used to collect and hold wastewater discharges
generated by an individual camping unit.
[Added 7-20-2021 by Ord. No. 38-2021]
Title of person employed by Adams County to assist the Adams
County Planning and Zoning Administrator and Adams County Planning
and Zoning Committee with the administration and enforcement of this
article.
Refers to a permit issued by the state or governmental unit
(Adams County Planning and Zoning Department) responsible for the
regulation of private sewage systems per § 145.19, Wis.
Stats.
Refers to a permit issued by the Adams County Planning and
Zoning Department for POWTS reconnections, repairs and alterations
or items not governed under a sanitary permit per the definition of
"sanitary permit."
Component of a POWTS used for sewage containment and treatment.
Pursuant to this article refers to the State of Wisconsin
Department of Safety and Professional Services.
See "building" definition.
Refers to a permit issued by the Adams County Planning and Zoning Department for limited holding tank use per § 294- 3B(6)(a), RV transfer container use per § 294-3B(8) and portable restroom use per the definition of "portable restroom."
[Amended 7-20-2021 by Ord. No. 38-2021]
Title of person employed by Adams County charged with the
administration and enforcement of this article.
[1]
Editor's Note: The former definitions of "camper unit" and
"camper unit transfer container," which immediately followed this
definition, were repealed 7-20-2021 by Ord. No. 38-2021.
[2]
Editor's Note: The former definition of "recreational vehicle,"
which immediately followed this definition, was repealed 7-20-2021 by Ord. No. 38-2021.
A.
Compliance. All structures, residential or commercial, in Adams County
provided with a water plumbing system intended for permanent or intermittent
human habitation or to occupy as an accessory use not connected to
public sewer shall be served by a state-approved private on-site wastewater
treatment system design into which all domestic wastewater and sewage
shall enter for holding or treatment and dispersal that complies with
the provisions of this article.
[Amended 7-20-2021 by Ord. No. 38-2021]
(1)
All POWTS or non-plumbing sanitation systems new or replacement installations,
repairs, modification, testing or reconnections shall be inspected
and approved by the Adams County Planning and Zoning Department prior
to being placed into service or any structure served by the same may
not be occupied or used unless otherwise exempted by the state or
the Adams County Planning and Zoning Department pursuant to this article.
(2)
All
camping units that remain on a property for more than seven days per
calendar month must satisfy one of the following requirements:
(a)
Be connected, through quick-disconnect fittings, to a legal private
on-site wastewater treatment system (septic system) sized for a minimum
of two bedrooms; or
B.
Allowable uses and limitations.
(1)
Water supply. If a water plumbing system is installed in a structure and/or potable water is supplied to a structure serviced by a non-plumbing sanitation system, an acceptable method of sewage disposal in addition to the non-plumbing sanitation system [except vault privies pursuant to Subsection B(3)] shall be provided.
(2)
Portable restroom. Portable restroom use is allowed upon issuance
of an Adams County portable restroom use permit which is an annual
use permit requiring annual renewal or reissuance. An Adams County
portable restroom use permit is not required when the proposed placement
on a parcel will not exceed 30 days or for construction site, commercial
or public uses. The portable restroom must be an approved product
for the use, and the pumping, transportation, and disposal of the
contents shall be in accordance with Ch. NR 113, Wis. Adm. Code, and
shall be maintained pursuant to this article.
(3)
Vault privy. Only vault privy non-plumbing sanitation system type
privies are permitted pursuant to this article, and only when a structure
or premises served by a vault privy is not provided with an indoor
water plumbing system. When a water plumbing system is installed into
a structure served by a vault privy or a vault privy is on the same
parcel, the vault privy shall be abandoned as per the requirements
of Ch. SPS 391, Wis. Adm. Code, and an acceptable method of sewage
disposal other than a vault privy must be provided.
(5)
Non-plumbing sanitation system. Non-plumbing sanitation systems not
limited by this article are permitted when installed and maintained
pursuant to Ch. SPS 391, Wis. Adm. Code, and this article. As a provision
to this article non-plumbing sanitation systems within the scope of
Ch. SPS 391, Wis. Adm. Code, are not recognized as an existing POWTS
design for a replacement holding tank permit.
(6)
Holding tank. Installation or use of holding tanks shall be prohibited for any new POWTS design or method as a POWTS component except as provided in Subsection B(6)(a), Exception. A sanitary permit application that designates a holding tank as a replacement system or as a system failure contingency plan shall not be approved unless a soil and site evaluation determines that the property is unsuitable for a soils-based POWTS design.
(a)
Exception. Limited use of an approved POWTS design tank component
as a holding tank may be allowed with an approved Adams County limited
holding tank use permit only when connection to a public sewer approved
by the Department of Natural Resources is to be made, or only with
an issued new or replacement sanitary permit for a soils-based POWTS
design that shall be installed to serve the structure or property.
(7)
Building sewer. Building sewer pipes shall exit a building such that
a minimum of 18 inches of soil cover is provided above the sewer pipe.
If placement of 18 inches of soil cover results in less than eight
inches of separation between untreated or unprotected building materials
an approved method of insulation or insulated pipe product shall be
used.
(8)
RV transfer container. RV transfer container use is allowed upon
issuance of an Adams County RV transfer container use permit that
shall require annual renewal or reissuance. The servicing of RV transfer
containers as to pumping, transporting and disposal of the contents
shall be in accordance with Ch. NR 113, Wis. Adm. Code, and shall
be maintained pursuant to this article.
[Amended 7-20-2021 by Ord. No. 38-2021]
(a)
The RV transfer container must be an approved product for the
use with a minimum capacity of 300 gallons limited to servicing one
camping unit per container. The container shall be installed under
the camping unit whenever possible or placed no more than 12 inches
horizontally from the camping unit body recessed into the finish grade
no more than four inches with adequate anchoring to prevent flotation
and provisions made to protect the unit from physical damage.
(9)
Public sewer. When public sewer approved by the Department of Natural Resources becomes available to a structure or property served by an existing POWTS, connection to the public sewer shall be made within one year from date of availability. The date public sewer becomes available for connection is established by the local sewer service entity. The disconnected existing POWTS shall be abandoned per Subsection D.
C.
Identified failing POWTS or non-plumbing sanitation system. When a POWTS or non-plumbing sanitation system is identified as failing, its use shall be discontinued within that period of time required by an Adams County Planning and Zoning Department order consistent with Chapter 391 of this Code. When any component of a POWTS or non-plumbing sanitation system fails to operate or function as designed the entire system shall be evaluated for compliance with the Wisconsin Administrative Code in effect at the time the system was installed, including a soils evaluation for those components that utilize in-situ soils for treatment or dispersal.
[Amended 7-20-2021 by Ord. No. 38-2021]
(1)
When an unlawfully altered or installed POWTS or non-plumbing sanitation
system or component thereof is identified, the entire system shall
be evaluated pursuant to this section and an order shall be issued
to the responsible person(s) to correct or replace with a state-approved
system or component.
D.
Abandonment of POWTS. When public sewer connection is required or
components of an existing POWTS are not part of an approved replacement
POWTS design or are identified as failing, the existing POWTS or components
thereof shall be abandoned pursuant to Ch. SPS 383, Wis. Adm. Code,
prior to connection of the replacement POWTS or public sewer. The
contents of all abandoned tanks, seepage pits, or cesspools shall
be pumped out and disposed of in accordance with Ch. NR 113, Wis.
Adm. Code.
E.
Subdivision plats not served by public sewers.
(1)
The provisions of this subsection are to establish lots and elevations with sufficient areas and soils to permit the installation and use of soils-based POWTS designs to serve one- and two-family dwellings that shall apply to all proposed subdivision plats not served by public sewer. Proposed standard building lots on subdivision plats shall comply with the lot standards, zoning, and dimensional requirements of all applicable Adams County ordinances. Words and phrases pursuant to this subsection apply as defined by this article and Chapter 382, Land Division, of this Code.
(2)
A proposed subdivision plat not served by public sewer shall be submitted to the Planning and Zoning Department for review with all applicable fees and must be accepted and approved prior to final plat recording with the Register of Deeds office. In addition to the requirements of Chapter 382, Land Division, a proposed subdivision plat submitted for review shall be drawn to scale that clearly indicates and includes the following:
(a)
All lot areas that do not meet the area, width, elevation, soil,
wetlands, floodplain or zoning requirements shall be delineated with
limitation(s) identified and restricted by a clearly labeled outlot
restriction on the plat. This restriction shall prohibit the construction
of buildings and POWTS installations.
(b)
Identify all lots that will have structures built to be served
by a community-type POWTS design and identify all areas where a community-type
system will be located.
(c)
Ground grade elevation contour lines at one-foot to two-foot
intervals related to a vertical elevation reference point (benchmark).
(d)
The location of all soil profile evaluation excavations with
undisturbed grade elevations established and for all areas where land
slopes exceed 20%.
(e)
A soil and site evaluation report conducted by a certified soil
tester per § SPS 305.33, Wis. Adm. Code, with profile descriptions
and interpretations performed and reported as specified in Ch. SPS
385, Wis. Adm. Code, at a minimum of one soil profile evaluation excavation
per each continuous three acres of plat area, excavated to a depth
of at least four feet below an expected POWTS infiltrative surface
elevation.
[1]
Additional soil profile evaluation excavations shall be ordered
as determined to be necessary at the discretion of the Planning and
Zoning Administrator and/or Sanitary Inspector prior to approval of
a proposed plat.
[2]
The use of existing documentation that may verify the soil conditions
of all or part of a proposed plat may be allowed with pre-approval
by the Planning and Zoning Administrator and/or Sanitary Inspector.
F.
Soil and site evaluation reports. Soil and site evaluation reports
shall be performed and submitted pursuant to Ch. SPS 385, Wis. Adm.
Code.
(1)
Soil and site evaluation reports recorded prior to January 1, 1981,
or that do not indicate grade elevations for soil borings related
to a vertical reference point shall require soils and site verification
by a certified soil tester if used as supporting documentation for
a sanitary permit or County sanitary permit application. Verification
shall require a complete soil and site evaluation report pursuant
to this section with a minimum of one soil profile evaluation excavation
performed within the previously tested area.
G.
POWTS reconnect. An Adams County sanitary reconnect permit is required
when a structure serviced by an existing POWTS is replaced or rebuilt
with a new or different structure or before a disconnected POWTS may
be reconnected. Prior to issuing an Adams County reconnect permit,
the existing POWTS shall be examined to determine that it is functioning
properly, not failing, and capable of handling the proposed wastewater
flow and contaminant loads.
(1)
An Adams County sanitary reconnect permit is not required when replacing a structure with a new or different structure within two years from the date of original sanitary permit issuance. To allow reconnect permit exception the original or most recent plumber of record shall be required to submit a detailed plot plan per § 294-4D(3) and a statement that the existing POWTS was not altered and a modification in wastewater flow or contaminant loads will not occur.
H.
Construction not affecting wastewater flow or contaminant load. Prior
to starting construction of a structure, an addition to or a structure
modification serviced by an existing POWTS, the owner shall provide
documentation to the Adams County Planning and Zoning Department that
the proposed construction will not cause or effect an increase in
wastewater flow and/or contaminant load to the existing POWTS.
I.
Construction affecting wastewater flow or contaminant load. For construction of a structure, an addition to or a structure modification determined to cause or effect an increase in wastewater flow and/or contaminant load to the POWTS serving the structure or property, the owner(s) shall possess a sanitary permit to modify the existing POWTS or to install a replacement POWTS that will accommodate the increase in wastewater flow and/or contaminant loads prior to starting construction, or the property owner(s) shall provide documentation to the Adams County Planning and Zoning Department that a POWTS with sufficient soil conditions and of adequate size to accommodate the increase in wastewater flow and/or contaminant load already exists to serve the structure. This documentation shall include a plot plan per § 294-4D(3) with the locations of the proposed structure, addition to or structure modification and all existing POWTS components identified to confirm all required setback distances are met.
J.
Alternative wastewater flow calculations. Construction of a structure,
an addition to or a structure modification that is determined to cause
or effect an increase in wastewater flow and/or contaminant load to
the POWTS servicing the structure as originally permitted may be allowed
without installing a new or modifying the existing POWTS if an alternative
method of calculating wastewater flow and/or contaminant load other
than the number of bedrooms is used. The property owner(s) shall provide
documentation of an alternative method of calculating wastewater flow
and/or contaminant load based on a per capita occupancy (number of
users), or on water meter flow data, or on comparable data on flow
and load from similar uses or on influent wastewater analytical data
if the contaminant load is affected (Adams County alternate design
flow calculation and affidavit of alternate design flow forms).
K.
Documents and forms. All documents and forms created and approved
for the administration of this article shall be considered part and
inclusive to this article.
(1)
Recorded document(s). Pursuant to the Wisconsin Administrative Code,
recorded documents are created to establish and implement the management
and maintenance requirements and responsibilities, ownership and use
restrictions for private on-site wastewater treatment and holding
systems and pursuant to this article for non-plumbing sanitation systems,
use permits or items not governed under a sanitary permit. Such document(s)
shall be recorded as an affidavit and restrictive covenant with the
Adams County Register of Deeds office and Adams County Planning and
Zoning Department in a manner that will permit the existence of the
document(s) to be determined by reference to the property. The requirements
and responsibilities as prescribed by such document(s) are binding
upon the property owner(s) or any subsequent owner(s), their heirs
and assignees and shall run with the land. Applicable items to be
recorded prior to permit issuance shall include but not be limited
to the following:
(a)
If a POWTS or parts thereof are located on a different parcel
than the structure served, an appropriate overhead and underground
access, operation and service easement.
(b)
If a POWTS serves more than one structure under different ownership
or owned by a party other than the owner of the parcel on which it
is installed, a document identifying all parties that have ownership
of the parcel, the system, and the structure(s) to be served by the
system. All owners are jointly and severally responsible for the operation
and maintenance of the POWTS.
(c)
If a POWTS design wastewater flow from a dwelling is based on methods other than the number of bedrooms, a document identifying and establishing the method used with occupancy limitation or use restriction to the dwelling determined by an alternate design wastewater flow calculation per Subsection J.
A.
Sanitary permit.
(1)
A sanitary permit shall be obtained prior to issuance of a building permit for construction, establishment or installation of a structure requiring connection to a POWTS per § 145.195, Wis. Stats. Every POWTS installation, component replacement and/or modification, permit renewal, revision, transfer or change of plumber shall require a separate application and sanitary permit. Sanitary permit applications and design plans shall be submitted for review with all appropriate documentation pursuant to Subsections C and D and § 294-6 with review fees to the Adams County Planning and Zoning Department
(a)
Inspection access. An application for any permit governed by
this article or a soil and site evaluation report submitted to the
Adams County Planning and Zoning Department for review grants consent
from the property owner(s) to the Planning and Zoning Department staff
to enter the owner's properties during normal working hours to perform
installation, operation, maintenance or soils inspections pursuant
to the permit or soil and site evaluation report submitted at the
discretion of the Planning and Zoning Administrator or Sanitary Inspector.
(b)
Evaluation. Sanitary permits for POWTS component replacement
and/or modification or County sanitary permits for POWTS repair or
reconnection shall require that all existing or remaining components
of the POWTS be evaluated for compliance with the Wisconsin Administrative
Code in effect at the time originally installed. As part of a permit
application, a system evaluation shall be submitted as supporting
documentation, including a soil and site evaluation report for those
components that utilize in situ soil for treatment or dispersal.
(c)
Fees. Monetary fees are herein established to defray the cost
of administration of this article and shall be required as part of
a permit application and for, but not limited to, sanitary document
review and inspections. The fees shall be set and amended from time
to time by the Adams County Planning and Zoning Committee.
(2)
Sanitary permit revision. A revision permit is required for a proposed
change in use, component(s) or design modification to a previously
approved sanitary permit design. Applications for a sanitary permit
revision shall be submitted for review to the Adams County Planning
and Zoning Department with review fees and all applicable documentation,
including any state-approved design revision and/or variance as required
by the Wisconsin Administrative Code. A design revision may require
the management and maintenance agreement management plan be amended,
including servicing agreement(s) and contract(s).
(a)
If identified during inspection pursuant to § 294-5 that a permit revision is required to a previously approved sanitary permit POWTS design, an application for sanitary permit revision shall be submitted to the Adams County Planning and Zoning Department within 30 days from the date of inspection.
(3)
Change of plumber. A change of plumber permit is required for a proposed
change in plumber of record to a previously approved sanitary permit
POWTS design prior to expiration. An approved POWTS design plan that
does not bear the original stamp of an architect, engineer or registered
POWTS designer cannot be transferred as part of a change of plumber
permit application. A new POWTS design would be required.
(4)
Permit transfer to new owner. To transfer a valid sanitary permit
from the current permit holder to a new owner a transfer permit is
required. Transfer of ownership transfers all management and maintenance
requirements and servicing responsibilities to the new owner and shall
not affect the original sanitary permit expiration date. Applications
for permit transfer to new owner shall be signed by the original plumber
of record with documentation to support the change in property ownership
and original sanitary permit posting card.
(5)
Holding tank permit. As part of a sanitary permit application for
a holding tank the property owner shall enter into an Adams County
holding tank agreement that will require the property owner to agree:
(a)
To have a water meter installed in the structure(s) to be serviced
by the holding tank pursuant to this article and to be responsible
for the purchase, installation, maintenance and repair of the water
meter(s). Water meters are not required for temporary holding tank
use or non-plumbing sanitation systems.
(b)
To enter into a servicing contract with a person licensed under
Ch. NR 113, Wis. Adm. Code, who shall submit to the Adams County Planning
and Zoning Department as prescribed by the management plan a report
on all water meter readings and servicing events of the holding tank.
(6)
Permit posting card. Permit posting cards issued by the Adams County Planning and Zoning Department to the property owner shall serve as the sanitary permit and/or County permit (sanitary or use). The permit card shall contain all the information required by Ch. 145, Wis. Stats., and this article. The original or most recent issued sanitary permit posting card shall be returned as part of an application for sanitary permit transfer or renewal. The permit card shall be displayed at the site in such a manner that it will be visible from the road abutting the lot during all construction phases. Failure to display the permit card shall be a violation of this article.
B.
County sanitary permit. An Adams County sanitary permit is required for POWTS repairs, reconnections, or items not governed under a sanitary permit per the definition of "sanitary permit" in § 294-2.
(1)
Reconnect permit. Pursuant to § 294-3G an Adams County sanitary reconnect permit application shall be prepared and submitted per Subsections C and D(1) and (3) with the following:
(a)
The existing POWTS shall be entered into the Adams County Mandatory POWTS Management and Maintenance Program or amend the existing management plan including servicing agreement(s) and contract(s) pursuant to § 294-6.
(b)
A report by a credentialed person per § SPS 383.25(2)(d)3,
Wis. Adm. Code, relative to the condition of the existing POWTS components,
including but not limited to pumps, pipes, filters, switches, alarms,
electrical systems, verification of setbacks and that the existing
POWTS is not failing.
(c)
A report by a certified septage servicing operator under Ch.
NR 114, Wis. Adm. Code, on the condition of all existing holding or
treatment components, including capacities, watertightness, baffles,
risers and riser covers.
(d)
A soil and site evaluation report per § 294-3F that references the vertical elevation separation distance between the infiltration surface of the existing POWTS and estimated high groundwater and bedrock is required, unless a valid report is on file with the Planning and Zoning Department that would support the existing POWTS.
(2)
Repair permit. An Adams County sanitary repair permit shall be required
for repairs to POWTS components identified as failed or nonfunctional,
including but not limited to septic, holding, ATU and dosing tank
risers and riser covers, effluent pumps, switches or alarms and wiring
components, inlet or outlet baffles, building sewer pipes, ATU unit
components and observation or vent pipes.
C.
Sanitary permit application(s).
(1)
Sanitary permit and County sanitary permit applications shall be
submitted with all applicable state and Adams County documents, including
review fees and the following, but not limited to any additional information
or documentation requested by the Planning and Zoning Department.
The Planning and Zoning Department reserves the right to refuse incomplete
or incorrectly prepared permit applications and to delay permit issuance
until applications are corrected.
(a)
A completed County permit application with parcel identification
number, legal description, and site address.
(2)
When any official state action is required as part of a proposed
POWTS design, an original approval letter and when applicable design
plan bearing an original stamp of approval from the Wisconsin Department
of Safety and Professional Services shall be submitted.
[Amended 6-20-2017 by Ord. No. 18-2017]
(3)
The Adams County Planning and Zoning Department may require floodplain
and wetland delineations for a proposed POWTS area and building site
related to the POWTS design with vertical grade elevations to be tied
to floodplain elevation datum by a professional land surveyor.
[Amended 6-20-2017 by Ord. No. 18-2017]
D.
Design plans. A POWTS design plan submitted for review to the Adams
County Planning and Zoning Department shall comply with the requirements
of § SPS 383.22, Wis. Adm. Code, composed of all original
documents including the following but not limited to any additional
information or documentation requested by the Planning and Zoning
Department:
(1)
A cover page that identifies the title (project name), location,
parcel ID number, design manual(s) used with SDB number(s), and index
of content, signed, sealed, and dated by and with the license number
of the submitting individual pursuant to § SPS 383.22(2)(c),
Wis. Adm. Code.
(2)
A detailed construction plan depicting how the system is to be installed,
with sizing, installation, and operation requirements, including manufacturer-specific
cross-section drawings for each holding, treatment, dosing, filter,
and POWTS dispersal component used.
(3)
A detailed site plan pursuant to § SPS 383.22(2)(a)4c,
Wis. Adm. Code, that delineates all new and existing POWTS components,
property lines and roads with all separating distances and dimensions.
E.
County permit non-plumbing sanitation system. To install a non-plumbing sanitation system within the scope of Ch. SPS 391, Wis. Adm. Code, not limited by this article shall require an Adams County non-plumbing sanitation system permit with a maintenance and management agreement pursuant to § 294-6. Each non-plumbing sanitation system installation, repair or replacement shall require a separate application, review and approval.
(1)
Non-plumbing sanitation system. An Adams County permit application for a non-plumbing sanitation system pursuant to § 294-3B(5) shall be submitted per Subsection C(1)(a), (d) and (e). The applicant shall provide as part of an application the manufacturer's state product approval, installation instructions and servicing requirements, and a management plan with a servicing contract from a licensed provider.
(2)
Vault privy permit. An Adams County permit application for a vault privy pursuant to § 294-3B(3) shall require the property owner(s) to enter into an Adams County privy installation agreement and holding tank servicing agreement to establish the property owner(s) installation requirements and management plan servicing responsibilities. The applicant shall also submit as part of an application a detailed plot plan per Subsection D(3) depicting the vault privy location with servicing access and horizontal setbacks.
F.
County use permit. An Adams County use permit is required for limited holding tank use pursuant to § 294-3B(6)(a) or RV transfer container use pursuant to § 294-3B(8) or portable restroom use pursuant to § 294-3B(2). A County use permit application shall be submitted pursuant to Subsection C(1)(a), (d) and (e). Each placement and/or use shall require a separate application, review and approval.
[Amended 7-20-2021 by Ord. No. 38-2021]
(1)
Limited holding tank use. A County use permit application for limited holding tank use shall include a sanitary permit for a holding tank POWTS design and Department of Natural Resources public sewer approval verification, with a written statement from the municipality or sanitary district, verifying the date that public sewer will be available for connection or an issued sanitary permit for a soils-based POWTS design with limited holding tank use approval. As part of an application the property owner(s) shall be required to enter into an Adams County holding tank agreement per Subsection A(5) and an Adams County limited holding tank use agreement to establish by provision to this article as an agreement the following requirements:
(a)
To connect to public sewer once it becomes available or, if
public sewer fails to become available, to soil test the parcel and,
if the site will support, to permit, install and connect to a soils-based
POWTS design.
(b)
To connect to the pre-approved soils-based POWTS design.
(c)
To discontinue use and properly abandon the holding tank within
30 days of permanent connection to public sewer or to the pre-approved
soils-based POWTS design.
(2)
Portable restroom use. A property owner(s) wishing to place a portable restroom on a property shall complete a County use permit application with a detailed plot plan pursuant to Subsection D(3) depicting the portable restroom location with servicing access. The applicant shall provide as part of an application the portable restroom manufacturer's state product approval and a management plan with a servicing contract from a licensed provider for the duration of use or placement.
(3)
RV transfer container use.
[Amended 7-20-2021 by Ord. No. 38-2021]
(a)
A property owner(s) wishing to place an RV transfer container on a property shall complete a County use permit application with a detailed plot plan pursuant to Subsection D(3) depicting camping unit location and servicing access with transfer container setback or exposure from the camping unit body and how it is to be anchored and protected from physical damage.
(b)
The applicant shall provide as part of an application the RV
transfer container manufacturer's state product approval and a management
plan with a servicing contract from a licensed provider for the duration
of use or placement.
G.
Permit expiration and renewal or denial.
(1)
Exception. A sanitary permit pursuant to the definition of "sanitary permit" in § 294-2 or County sanitary permit pursuant to the definition of "sanitary permit, County" in § 294-2 not installed, inspected, and accepted by the Planning and Zoning Department shall expire two years from the date of issuance. A sanitary permit or County sanitary permit and all other County permits must be renewed prior to the expiration date of the original or most recent issued permit by written application to the Planning and Zoning Department. Approved permit renewals are effective for two-year periods thereafter except as provided in Subsection G(1)(a) and (b).
(a)
Limited holding tank use permit. An approved Adams County limited
holding tank use permit shall expire 12 months from the date of issuance
unless renewed prior to original permit expiration. Renewals or subsequent
reissuance of an expired Adams County limited holding tank use permit
servicing a structure or property is only allowed if site conditions
were to exist that would inhibit connection to public sewer or installation
and connection of the pre-approved soils-based POWTS design. Permit
renewals shall not exceed four years in total from the date the original
limited holding tank use permit was issued.
(b)
Portable restroom and RV transfer container County use permits.
Adams County use permits for portable restroom or RV transfer container
use are annual use permits requiring annual renewal or reissuance
effective from March 2 to March 1.
[Amended 7-20-2021 by Ord. No. 38-2021]
(2)
Permit renewal POWTS. An application for sanitary permit or County
sanitary permit renewal shall be signed by the original plumber of
record and include all applicable renewals for maintenance agreements,
management plans, servicing contracts and recording documents with
the original sanitary permit posting card.
(3)
Permit renewal County permits. An application for a County non-plumbing
sanitation system or use permit renewal shall be signed by the existing
property owner(s) of record and include all applicable renewals for
maintenance agreements, management plans, servicing contract and recording
documents.
(4)
Permit denial. Permit applications submitted for review to the Adams
County Planning and Zoning Department found not in compliance with
applicable provisions of the Wisconsin Statutes and Wisconsin Administrative
Code or this article shall be denied. Reasons for the denial shall
be forwarded to the property owner(s) and plumber of record and, when
appropriate, the Department of Safety and Professional Services representative(s)
and Adams County Corporation Counsel. An applicant may appeal the
decision in accordance with Ch. 68, Wis. Stats., and § 294-8B(2).
A.
General inspections. To ensure that proper materials and methods
are used that comply with all applicable Wisconsin Statutes and Administrative
Code each private on-site wastewater treatment system installation,
component replacement, modification, repair, or system reconnection
shall be inspected by the Adams County Planning and Zoning Department
pursuant to § SPS 383.26, Wis. Adm. Code, and this article.
Each non-plumbing sanitation system and use permit component installation,
removal or repair shall be inspected by the Adams County Planning
and Zoning Department to ensure that proper materials and methods
are used that comply with the manufacturer's installation instructions,
Wisconsin Administrative Code and this article. After the initial
inspection(s) each POWTS or non-plumbing sanitation system or use
permit component shall be inspected at the discretion of the Sanitary
Inspector for compliance with the management and maintenance agreement
operational and/or servicing requirements.
(1)
Notice of inspection for POWTS. Notice for inspection shall be given
in accordance with the requirements of § SPS 383.26, Wis.
Adm. Code. The plumber in charge shall identify and schedule the inspection
and/or testing with the Adams County Planning and Zoning Department
at least one full business day excluding weekends or holidays prior
to requested inspection time.
(2)
Notice of inspection for non-plumbing sanitation systems or use permits.
The person in charge shall schedule the inspection with the Adams
County Planning and Zoning Department and coordinate with the Sanitary
Inspector at least two full business days excluding weekends or holidays
prior to requested inspection time.
(3)
Notice of inspection for experimental systems and package systems
not recognized. The plumber in charge shall coordinate and schedule
with the Adams County Planning and Zoning Department and the Department
of Safety and Professional Services at least two full business days
prior to any pre-construction meeting(s) and/or inspection(s) as required.
(4)
Reinspection. Reinspections shall be required when the plumber or person in charge is not present at the scheduled inspection time, when the system or component installation is incomplete (not ready for inspection) or when the initial inspection discloses noncompliance with the Wisconsin Administrative Code or this article. A reinspection is subject to the provisions of Subsections A(1) and B and a reinspection fee.
(5)
Final inspection. A final inspection is required for any POWTS design with a finished grade elevation that is greater than the original grade or when a system elevation is less than 12 inches below the original soil grade or when seeding and mulching, electrical connection or component testing is a design requirement and for all installations pursuant to Subsection A(6), Self-inspection, County. A POWTS installation requiring a final inspection shall not be placed into service until inspected and accepted by the Planning and Zoning Department.
(a)
Exception. The Adams County Planning and Zoning Department may
allow a POWTS placed into service prior to final inspection at the
discretion of the Sanitary Inspector upon request by the installer
or property owner when an interruption of service to an occupied dwelling
were to accrue or when unusual design or site conditions exist.
(6)
Self inspection, County. Pursuant to this article the plumber in
charge shall perform a self-inspection and complete a self-inspection
report provided the scheduled inspection cannot be made by the end
of the next workday excluding weekends and holidays from the scheduled
inspection time. The plumber in charge shall record on forms provided
by the Planning and Zoning Department (Adams County self-inspection
report) all requested elevation and site information for the POWTS
installation, component replacement, modification, repair, or system
reconnection. Adams County self-inspection report forms shall be submitted
to the Planning and Zoning Department within 10 business days from
the date of requested inspection.
B.
Specific inspection.
(1)
Private on-site wastewater treatment system inspections are normally
performed at the time all components of the system are completed prior
to backfilling. Additional inspections shall be required at the discretion
of the Sanitary Inspector, including but not limited to before, during
and after plowing of the ground surface, excavations for sanitary
component(s), placement and bedding of septic tank(s) and drain field
components, including sand fill, aggregate, leaching chambers, distribution
piping, pumps, effluent filters or system and/or component(s) testing.
The plumber in charge shall be present at the scheduled inspection
time and provide the proper apparatus, equipment and necessary assistance
with the inspection as directed by the Sanitary Inspector. A copy
of the approved POWTS design plan shall be made available to the Sanitary
Inspector and maintained at the site until the installation is completed,
inspected, and approved.
(2)
Non-plumbing sanitation systems and use permit components inspections
are normally performed at the time all components of the system are
completed, prior to being placed into service. Additional inspections
shall be required at the discretion of the Sanitary Inspector, including
but not limited to before, during and after system or component installation,
connection or testing. The person in charge shall be present at the
scheduled inspection time and provide the proper apparatus, equipment
and necessary assistance with the inspection as directed by the Sanitary
Inspector. A copy of the manufacturer's installation instruction shall
be made available to the Sanitary Inspector and maintained at the
site until the installation is completed, inspected and approved.
C.
Site-constructed holding tank inspection. All site-constructed holding
tanks shall be inspected before and after the floor is poured and
the key way and water stop are installed or after the forms for the
tank walls have been set, but in all instances before any concrete
for the walls has been poured. Concrete walls may be poured only after
it has been determined that the tank as formed complies with the state-approved
design plan. The completed installation shall be inspected before
backfilling.
D.
Soil and site evaluation report inspection.
(1)
The Adams County Planning and Zoning Department shall require site
inspections of submitted soil and site evaluation reports to verify
reported data pursuant to § SPS 385.50, Wis. Adm. Code,
to determine the suitability of a proposed or existing POWTS design
at the discretion of the Sanitary Inspector prior to or after the
issuance of a sanitary permit or system installation. The responsible
certified soil tester shall be present at the time of inspection and
provide the proper apparatus, equipment and necessary assistance with
soil profile evaluation excavation(s) constructed as directed by the
Sanitary Inspector to allow adequate visual and physical observation
of the soil profiles. County soil and site evaluation report verification
inspections shall result in the following:
(a)
Approval or denial of the soil and site evaluation report.
(b)
Holding action on a sanitary permit application pending clarification
of reported information.
(c)
Require a revised soil and site evaluation report that would
support the proposed or existing POWTS design or an alternative POWTS
design the soil and site conditions would support for the proposed
or existing use.
(d)
Issuance of a stop-work order consistent with Chapter 391 of this Code if site verification performed at time of system installation determines the soil and site evaluation report does not support the approved POWTS design. The POWTS shall remain inoperable until such time a revised soil and site evaluation report is submitted and approved by the Planning and Zoning Department that would support the installed POWTS. If the soil and site conditions do not support the installed POWTS design it shall be removed and replaced with a soils-based POWTS design the site will support.
[Amended 7-20-2021 by Ord. No. 38-2021]
(2)
County soil and site verification inspections are allowed upon request
by the responsible certified soil tester prior to submitting a soil
and site evaluation report and/or a completed sanitary permit application.
E.
Soil saturation determination inspection. The Adams County Planning and Zoning Department shall require inspections of soil saturation determinations pursuant to § SPS 385.60, Wis. Adm. Code, and this article at the discretion of the Sanitary Inspector. The responsible certified soil tester shall notify and coordinate with the Sanitary Inspector prior to performing a soil saturation determination. Inspections shall be performed pursuant to Subsection D with groundwater observation pipe installations prepared and made available for inspection as directed by the Sanitary Inspector.
A.
Adams County Mandatory Management and Maintenance Program. The purpose
of this section is to establish by provision to this article the Adams
County Mandatory Management and Maintenance Program to ensure proper
monitoring, maintenance and reporting for all new or existing POWTS
or holding systems within the scope of Ch. SPS 383, Wis. Adm. Code,
pursuant to Ch. SPS 383, Subchapter V, Management. The Adams County
Mandatory Management and Maintenance Program is herein integrated
with the POWTS Replacement/Rehabilitation Grant Program pursuant to
this article and shall comply with the requirements, enforcement authority
and maintenance as set forth in Chs. SPS 383 and 387, Wis. Adm. Code.
(1)
The purpose of this section is to establish by provision to this
article the proper servicing, operation and maintenance reporting
for non-plumbing sanitation systems within the scope of Ch. SPS 391,
Wis. Adm. Code, and use permit components pursuant to this article
as part of the Adams County Mandatory Management and Maintenance Program.
B.
Implementation. All new or existing POWTS or holding systems shall be entered into the Adams County Mandatory Management and Maintenance Program as part of a permit application under any ordinance governed by the Adams County Planning and Zoning Department or as prescribed by any Wisconsin Department of Safety and Professional Services official action, program or Administrative Code. As part of program entry, all existing POWTS shall be examined per § 294-4B(1)(b), (c) and (d) to determine that they are functioning properly, not failing and capable of accepting the existing wastewater flow and contaminant load.
(1)
All non-plumbing sanitation systems or use permit components shall
be entered into the Adams County Mandatory Management and Maintenance
Program as part of an Adams County non-plumbing sanitation system
or use permit application.
C.
Management agreement.
(1)
POWTS. As part of the Adams County Mandatory Management and Maintenance Program, the owner(s) of a private on-site wastewater holding system shall enter into a management agreement pursuant to §§ SPS 383.52 and 383.54, Wis. Adm. Code. The management agreement shall be binding upon the property and POWTS owner(s) and any subsequent owner(s), their heirs or assignees and will run with the land to be recorded with the Adams County Register of Deeds office and Planning and Zoning Department per § 294-3K(1) of this article.
(2)
Non-plumbing sanitation system and use permit component. The owner(s) of a property with a non-plumbing sanitation system or use permit component shall enter into a non-plumbing sanitation system or use permit component management agreement as part of the Adams County Mandatory Management and Maintenance Program pursuant to this article. The management agreement shall be binding on the property owner(s) and any subsequent owner(s), their heirs or assignees and will run with the land and shall be recorded with the Adams County Register of Deeds and Planning and Zoning Department per § 294-3K(1) of this article.
D.
Management plan.
(1)
POWTS. As part of an Adams County POWTS management agreement a management
plan shall be required to establish the management responsibilities
with servicing and reporting requirements for a private on-site wastewater
treatment or holding system pursuant to §§ SPS 383.54
and 383.55, Wis. Adm. Code.
(2)
Non-plumbing sanitation system and use permit component. As part
of an Adams County non-plumbing sanitation system or use permit component
management agreement a management plan shall be required to establish
the management responsibilities with servicing and reporting requirements
of the non-plumbing sanitation system or use permit component pursuant
to this article.
E.
Servicing and reporting requirements. All inspections, maintenance
or servicing events as specified in a management plan for POWTS or
holding systems shall be reported to the Adams County Planning and
Zoning Department pursuant to § SPS 383.55, Wis. Adm. Code,
and this article. All inspections, maintenance or servicing events
as specified in a management plan for non-plumbing sanitation systems
or use permit components shall be reported pursuant to ordinance.
The inspections, maintenance or servicing event frequency as specified
in a management plan begins on the date a POWTS or holding system
is inspected and accepted by the Planning and Zoning Department or
when a non-plumbing sanitation system or use permit component is placed
on a property.
[Amended 7-20-2021 by Ord. No. 38-2021]
F.
POWTS maintenance
program.
[Added 7-20-2021 by Ord. No. 38-2021]
(1)
As
required under § SPS 383.255, Wis. Adm. Code, the County
hereby establishes a POWTS maintenance program for the purpose of
inventorying and monitoring the location and maintenance events of
POWTS located within the County.
(a)
Every three years, after a sanitary permit has been issued and the
POWTS has been installed or after an existing POWTS has been added
to the POWTS maintenance program, the County Zoning Department shall
provide a maintenance certification form to the property owner.
(b)
The certification form shall have a servicing due date and must be
completed and returned to the County Zoning Department by a licensed
service provider.
(c)
The certification form shall state that:
[1]
The POWTS is in proper operating condition.
[2]
The septic tank was pumped by a licensed septic tank pumper, or it
was inspected and is less than 1/3 full of sludge and scum.
[3]
That a visual inspection has been done of the in-situ soil treatment
component and there is no wastewater ponding on the surface of the
ground.
[4]
All wastewater from the structure is discharging to the POWTS.
(d)
Service providers that complete maintenance certification forms that
are submitted to the County Zoning Office, for POWTS serviced after
the effective date of this article, shall be charged a filing fee,
per form submitted, and as established by the County Board of Supervisors.
(2)
The
reporting of inspections, maintenance or servicing events for non-plumbing
sanitation systems or use permit components shall be performed and
reported in a manner as prescribed by the management plan to the Planning
and Zoning Department within 30 days of when the events were performed.
A.
Intent. The intent of this section is to establish the placement,
operation and maintenance of permanent groundwater elevation observation
pipes in Adams County.
[Amended 6-20-2017 by Ord. No. 18-2017]
B.
Purpose. The purpose of this section is to provide a means to accurately
monitor and establish regional water table fluctuations in deep sandy
soils in the Central Sands areas in Adams County for uses pursuant
to soil saturation determinations hydrograph method as set forth in
the Wisconsin Administrative Code.
[Amended 6-20-2017 by Ord. No. 18-2017]
C.
Funding. Program funding shall be provided through a review fee levied
for each soil saturation determination hydrograph method form submitted
to the Adams County Planning and Planning and Zoning Department for
review. The amount of this review fee shall be set and adjusted by
the Adams County Planning and Zoning Committee. The funds procured
shall be placed in an independent account used exclusively to meet
the financial demands of this program. Revenue shall be allowed to
accumulate to the greater of the following: $10,000 or 150% of the
total value of equipment installation and operation costs, including
but not limited to annual maintenance and support services, pipe replacement
or relocation, and all devices used to obtain, transmit, read, or
store groundwater elevation data.
D.
Placement and construction. Groundwater elevation observation pipes
shall be placed on County or public lands in secure locations and
placed in uniform sandy soils to a depth sufficient to provide consistent
and accurate water table fluctuation information. Groundwater elevation
observation pipes shall be constructed of similar materials and installed
in like manner.
(1)
Property. All groundwater elevation observation pipes are the property
of and are under the administrative authority of the Adams County
Planning and Zoning Department. Entry into any shared use agreements
on properties with other County departments, towns, or state or public
entities shall require the approval of the Adams County Planning and
Zoning Committee.
E.
Nonassumption. This program shall not be construed as assuming any
liability on the part of Adams County or any official or employee
thereof for damages to anyone injured, or for any groundwater contamination,
or property damage.[1]
[1]
Editor's Note: Former §§ 294-8, Administration,
as amended, and 294-9, Enforcement; violations and penalties, as amended,
were repealed 7-20-2021 by Ord.
No. 38-2021.
