This chapter is adopted pursuant to the authorization in §§ 59.70(1), 59.70(5), 145.20, 145.245, 145.13, 145.19, Wis. Stats. and Chs. SPS 382, 383, 384, 385, 386, 387 and 391, Wis. Adm. Code.
This chapter is adopted to promote and protect public health and safety by assuring the proper siting, design, installation, inspection and management of POWTS and nonplumbing sanitation systems.
In order to achieve these purposes, it is the intent of this chapter to include, but not be limited to, the following methods and strategies:
Develop a sanitary permit program that continues to ensure public health, safety and welfare to the residents and visitors of Oneida County.
Maintain and improve the inspection and enforcement process for new system installation.
Improve the maintenance and tracking program for systems previously installed as well as new systems installed each successive year.
Allow municipal ownership of a private sewage system servicing multiple structures on different parcels.
Oneida County has over 1,127 lakes and other water bodies within its boundaries. It has a large amount of vacation properties that are used on an intermittent basis.
The land area of Oneida County includes 791,347 acres and 68,096 acres of surface water. The soil in Oneida County is predominately sandy or loamy, which has moderate to very rapid permeability, but poor treatment capabilities (Soil Survey, Oneida County, Wisconsin, February 1993).
Water supplies in Oneida County are predominately drawn from sand and gravel aquifers, which are replenished from precipitation and drainage. Water seeping from private sewage systems help fill these same aquifers that property owners and visitors use for drinking water supplies (Soil Survey, Oneida County, Wisconsin, February 1993).
Should any section, clause, provision or portion of this chapter be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
This chapter shall not create a liability on the part of or a cause of action against the County or any employee thereof for any private sewage system or nonplumbing sanitation system which may not function as designed. There shall be no liability or warranty for any site which is approved or denied. The issuance of a sanitary permit and the final inspection of such a system does 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 to Wisconsin Statute or Administrative Code requirements.
The provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes and related administrative codes.
The following terms shall have the meanings indicated in this section.
- See "structure."
- CONVENTIONAL IN-GROUND PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM
- A private on-site wastewater treatment system consisting of a septic tank and an in-ground soil absorption component with gravity distribution of effluent.
- COUNTY SANITARY PERMIT
- A permit issued by the Department for the reconnection of a private on-site wastewater treatment system or for the installation of a nonplumbing sanitation system, pursuant to §§ 59.70 and 145.04, Wis. Stats..
- The Oneida County Planning and Zoning Department.
- (1) The discharge of sewage into surface water or groundwater.
- (2) The introduction of sewage into zones of saturation which adversely affects the operation of the nonplumbing system.
- (3) The discharge of sewage to a drain tile or into zones of bedrock.
- (4) The discharge of sewage to the surface of the ground.
- HOLDING TANK
- A watertight receptacle for the collection and holding of wastewater.
- HUMAN HABITATION
- The act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a principal residence.
- ISSUING AGENT
- The County Planning and Zoning Department shall act as the County issuing agent and is hereby assigned the duties of administering the POWTS program.
- LARGE ON-SITE WASTEWATER TREATMENT SYSTEMS
- An on-site wastewater treatment system with a subsurface discharge that is designed to treat wastewater from residential buildings that contain the equivalent of more than 85 bedrooms. For those systems with a subsurface discharge that treat wastewater from other types of occupancies (nonresidential), a large on-site sewage system means a system with a daily effluent application rate of greater than 8,000 gallons per day (gpd). The design wastewater flow for these systems is 150% of the daily effluent application (12,000 gpd).
- MINOR REPAIRS
- A minor repair to a private on-site wastewater treatment system includes the replacement or repair of any of the following:
- MODIFICATION OF WASTEWATER FLOW OR CONTAMINANT LOAD
- A modification in wastewater flow or contaminant load shall be considered to occur:
- (1) In public buildings, facilities or places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system; and
- (2) In dwellings, when there is an increase or decrease in the number of bedrooms.
- NONPLUMBING SANITATION SYSTEM
- Sanitation systems and devices within the scope of SPS 391, Wis. Adm. Code, which are alternatives to water-carried waste plumbing fixtures and drain systems, including, but not limited to, incinerating toilets, composting toilets and privies.
- OCCASIONAL OCCUPANCY
- Occupying a building that is serviced by a POWTS for less
than 120 calendar days per year.[Added 5-21-2019 by Res. No. 53-2019, effective 6-13-2019]
- Pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.
- A person licensed by the state as a master plumber or master-plumber-restricted service.
- A private on-site wastewater treatment system has the same meaning given under § 145.01(12), Wis. Stats.
- PORTABLE RESTROOM
- A self-contained portable unit that includes fixtures, incorporating holding tank facilities, designed to contain human excrement.
- An enclosed nonportable toilet into which non-water-carried human wastes are deposited.
- A privy with a subsurface storage chamber which is not watertight.
- A privy with a subsurface storage chamber that is watertight.
- The construction which takes place after a structure is demolished or damaged to the extent of 50% of its current equalized assessed value.
- RECREATIONAL VEHICLE
- A mobile home when fully expanded that contains 400 square feet or less of living space, and which is built and used, or intended to be used, primarily for temporary human habitation or recreational living quarters, and includes the plumbing, heating, air-conditioning and electrical systems contained in the recreational vehicle. A recreational vehicle includes a motor home, park model, truck camper, travel trailer and camping trailer.
- RECREATIONAL VEHICLE TRANSFER CONTAINER
- A type of sanitary holding tank used to collect and hold wastewater discharges generated by an individual camping trailer or recreational vehicle.
- SANITARY PERMIT
- A County sanitary permit, a state sanitary permit, or both.
- SEPTIC TANK
- An anaerobic treatment tank.
- A wetland of two acres or more on the Wisconsin Wetland Inventory Map within 1,000 feet of the ordinary high water mark of navigable waters of a wetland less than two acres but are located in whole or in part within 200 feet of a navigable lake or stream.
- SOIL AND SITE EVALUATION APPLICATION
- An application submitted for the purpose of requesting County verification of a soil and site evaluation report.
- The Wisconsin Department of Safety and Professional Services.
- STATE SANITARY PERMIT
- A permit issued by the Department or the Department of Safety and Professional Services for the installation or modification of a private sewage system, pursuant to § 145.19, Wis. Stats..
- Anything for support, shelter, or enclosure of persons on property, including but not limited to any building, dwelling, manufactured building, manufactured home, mobile homes, house trailer, recreational vehicle, boathouse, or deck.