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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
Where public sanitary sewerage system is not available and will not be available within six months, a private sewage system may be installed in accordance with §§ 190-28 and 190-29.
B. 
When a public sanitary sewerage system becomes available and a branch sewer is located within 400 feet of the existing or proposed habitable structure, the private sewage system shall be disconnected and connection made to the public sanitary sewerage system within six months, in accordance with § 281.45, Wis. Stats.
[Amended 12-15-1998 by Ord. No. 1526; 6-3-2003 by Ord. No. 2003-1752]
C. 
Outdoor toilets, privies and holding tanks are prohibited except as provided by § 190-30.
D. 
A private sewage system shall not be installed, altered or replaced until a sanitary permit has been applied for and granted, pursuant to the requirements set forth in § 190-31. Emergency repairs or the removal of stoppages may be performed without a permit, provided that such work is reported to the Plumbing Inspector by the end of the next working day for a determination by him or her as to whether a permit is required. Saturdays, Sundays and holidays shall not be considered in the determination of the next working day.
A. 
All private sewage systems shall be the septic tank system or some other alternative system approved by the Wisconsin Department of Commerce, provided that such system does not create a nuisance or a threat to public health.
B. 
Location. Septic tanks shall not be located closer than two feet to any property line, five feet to any building or its appendage, five feet to a water service, 10 feet to any cistern, 15 feet to any swimming pool or 25 feet to any well, reservoir or the high-water mark of any lake, stream, pond or flowage; shall not be located within the interior foundation walls of a building; nor shall a new building or addition to an existing building be located over or within five feet of a tank.
C. 
Capacity. Septic tank size shall be based on the number of persons using the building, the facility to be served or upon the nature and type of waste. The minimum liquid capacity of a septic tank measured below the outlet shall be 750 gallons for any installation.
(1) 
No liquid other than sewage shall be permitted to drain into a septic tank. Liquid depth shall be not less than three feet nor more than an average of six feet. The total depth of the tank shall be at least eight inches greater than the liquid depth.
(2) 
Individual septic tank size for one- and two-family residences shall conform to the following standards:
Number of Bedrooms
Minimum Septic Tank Size
(gallons)
1
750
2
750
3
975
4
1,200
5
1,425
6
1,650
7
1,875
8
2,100
(3) 
Buildings other than one- and two-family residences shall be served by septic tanks not less than the minimum size set forth in § ILHR 83.15(3)(c)2., Wis. Adm. Code.
D. 
Construction. Septic tanks shall be designed and constructed to conform to the standards set forth in § ILHR 83.15(2), Wis. Adm. Code. Each tank shall provide at least one manhole opening no less than 24 inches square or 24 inches in diameter, which shall terminate no less than six inches below the finished surface grade.
E. 
Maintenance. Septic tanks shall be cleaned whenever the sludge and scum occupies 1/3 of the tank volume, and no septic tank installed after January 1, 1984, shall be cleaned less frequently than once every 36 months.
(1) 
A septic tank maintenance report shall be submitted by the property owner or the contractor performing the maintenance whenever cleaning is performed. The report shall state the name and address of the owner and the maintenance contractor, a description of the subject site, the date of the maintenance and the type of maintenance performed, the amount (gallons) of sewage pumped and the location of disposal and general comments from the maintenance contractor regarding the condition of the private sewage system.
(2) 
A notice of required maintenance shall be mailed by the Plumbing Inspector to each property owner of land served by a private sewage system installed in the City after January 1, 1984, who has not filed a maintenance report within 34 months of his or her last report. The property owner or his or her agent shall file the required maintenance report within two months after notification.
(3) 
Failure to comply with the maintenance and maintenance reporting requirements of this chapter shall be grounds for the Plumbing Inspector to order the maintenance of a private sewage system.
A. 
Sewage effluent disposal. The effluent from septic tanks shall be disposed of by shallow absorption systems or by some other system approved by the Wisconsin Department of Commerce, provided that such system does not create a nuisance or a threat to public health. Such systems shall be located, sized, constructed, used and maintained so as to assure that effluent from the septic tank will not reach surface or subsurface waters in a condition which will contribute to health hazards, taste, odor, turbidity, fertility or impair the aesthetic character of any navigable water.
B. 
Soils. Based on soil interpretations as established by the United States Soil Conservation Service, a sanitary permit for soils designated as having severe or very severe limitations will not be issued until such time that a favorable determination of the site has been made by the Plumbing Inspector based upon on-site field investigations.
C. 
Percolation test and soil borings. The type and size of the sewage effluent soil absorption system to be used on soils not exhibiting severe and very severe limitations, as noted in Subsection B above, shall be determined through percolation tests and soil borings conducted by a certified soil tester. The soil tests shall be conducted in accordance with § ILHR 83.09, Wis. Adm. Code, and such tests shall be conducted in the area where the soil absorption sewage effluent system is to be constructed. Where sufficient soil characteristics cannot be determined by augered soil borings, the Plumbing Inspector may require that soil borings be performed with a backhoe or similar equipment at no cost to the City to verify any soil test on file prior to the issuance of a sanitary permit.
D. 
Horizontal location for soil absorption systems. Private sewage systems shall be constructed within undisturbed soils that have not been made, altered or filled within the last 10 years unless the Wisconsin Department of Commerce, after performing on-site investigations, makes a determination that such systems will operate properly in the made, altered or filled site. In addition, soil absorption sewage effluent systems shall be located at least 50 feet from any well, spring, stream, lake, pond, flowage or wetland, 25 feet from any habitable building with a below-grade foundation, a public water main or a cistern, 20 feet from the crown of a slope exceeding 20%, 15 feet from a swimming pool or habitable slab-constructed building measured from the slab, 10 feet from a water service or an uninhabited slab-constructed building and five feet from a property line.
E. 
Vertical location of soil absorption systems. Soil absorption sewage effluent systems shall be located at a point lower than the grade of any well, spring or reservoir on the same or adjoining property, except that when this is not possible, the absorption site shall be so located that surface water drainage from the absorption site is not toward the well, spring or reservoir and will bypass the well, spring or reservoir by several feet. All surface water drainage shall be diverted away from the soil absorption sewage effluent system. In addition, bedrock, creviced bedrock or fractured rock shall be no closer than three feet to the bottom and sides of any soil absorption system; groundwater shall be no closer than three feet to the bottom of any soil absorption system; and soil absorption systems shall not be located in a floodway. Soil absorption systems shall not be located in a flood-fringe area unless written approval is received from the Wisconsin Department of Commerce. The Department shall consider a flood-fringe installation only if the City Plan Commission has approved such a system and has issued the applicant a permit to fill in a floodplain. In no case shall the bottom of the soil absorption system be located at an elevation that is less than two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.
F. 
Soil absorption area. The minimum soil absorption area required to dispose of private sewage effluent shall be computed in accordance with § ILHR 83.12, Wis. Adm. Code, based on the results of the soil tests required by Subsection C.
G. 
Replacement system area required. On each parcel of land being initially developed, sufficient area of suitable soils based on soil tests shall be provided and reserved for a replacement private sewage system. The replacement site shall be sized to meet all the location and size requirements of this chapter.
H. 
Construction. Private sewage systems shall be obstructed in accordance with § ILHR 83.13, Wis. Adm. Code. In addition, private sewage systems shall not be located in compacted areas, such as parking lots or driveways; soils above the private sewage system shall not be planted with deep-rooted plants which may disrupt the system or with root vegetables which may be used for human consumption; deep absorption systems shall not be installed in areas having a percolation rate slower than 30 minutes per inch of fall; shallow absorption systems shall not be installed in areas having a percolation rate slower than 60 minutes per inch of fall; private sewage systems shall not be installed on slopes exceeding 20% unless the slope is altered in accordance with § ILHR 83.10(7), Wis. Adm. Code; and no liquids other than sewage effluent shall be permitted to drain, wash or discharge into or onto a soil absorption area.
A. 
General. The preferred method of private liquid waste disposal for buildings in unsewered areas is the conventional septic tank subsurface soil absorption sewage effluent disposal area described earlier in this chapter. However, many areas in the City have soil or site characteristics that are unsuitable for the construction and installation of conventional private sewage systems. Some of these areas are covered with existing developments which have private sewage systems that may fail. Some of these areas have existing development interspersed by undeveloped platted lots which represent a prior commitment to urban development of these areas. This section sets forth a series of alternative means of private sewage disposal systems that may be permitted by the Plan Commission when specific conditions are met.
B. 
Replacement systems. In the case of the failure of a conventional private sewage system, where repairing the system is neither possible or practical, the preferred method of replacing the system shall be with a second conventional private sewage system. The system may be constructed on the replacement site provided for in § 190-29G, or where a replacement site has not been provided, the system shall be placed in an area of sufficiently suitable soils, as determined by soil boring and percolation tests. All replacement private sewage systems shall meet the requirements of §§ 190-28 and 190-29.
C. 
Mound systems. Where a conventional replacement private sewage system cannot be installed; or where building sites are characterized by slowly permeable soils with seasonal high-water tables; or by permeable soils with shallow creviced or porous bedrock; or by permeable soils with high-water tables; the Wisconsin Department of Commerce may permit the installation of a mound private sewage system in accordance with the requirements of § ILHR 83.23, Wis. Adm. Code. Mound systems shall be evaluated on a case-by-case basis.
D. 
Holding tanks. In the case of the failure of a conventional private sewage system or the failure of a mound private sewage system or for commercial and industrial development, the Plumbing Inspector may permit the installation of a holding tank. Holding tank installations shall be considered on a case-by-case basis. In addition:
(1) 
The Plumbing inspector shall determine that the holding tank installation is necessary upon a finding of fact that the soil boring and percolation tests do not meet the requirements set forth in this chapter; and a reasonable connection to a public sanitary sewerage system is not available and will not be available within six months; and the applicant for the sanitary permit to install a holding tank has exhausted all alternative means of private sewage treatment, such as constructing a mound private sewage system, installing a deeper soil absorption system or purchasing additional lands adjacent to the subject property.
(2) 
The construction of holding tanks shall be in accordance with § ILHR 83.18, Wis. Adm. Code.
(3) 
Holding tank size shall be based on a five-day holding capacity, but no holding tank shall have a capacity of less than 2,000 gallons. Holding tanks for public buildings shall be sized in accordance with § ILHR 83.18(5)(b), Wis. Adm. Code. The minimum liquid capacity of a holding tank for one- and two-family residences shall be as follows:
Number of Bedrooms
Holding Tank Size
(gallons)
1
2,000
2
2,000
3
2,000
4
2,500
5
3,000
6
3,500
7
4,000
8
4,500
(4) 
Location of holding tanks shall be in accordance with § § 190-28B, except that no holding tank shall be closer than 20 feet from a building or its appendage.
(5) 
Maintenance and servicing of holding tanks shall be in accordance with Ch. 146, Wis. Stats., and Ch. NR 113, Wis. Adm. Code. The Plumbing Inspector shall require the owner of the holding tank to enter into a formal agreement, stating his or her intent to maintain the holding tank as prescribed in this subsection. Maintenance of holding tanks shall be reported in the same manner provided for in § § 190-28E(1). Reports shall be made on forms provided by the City, and the owner or his or her agent shall file the reports quarterly.
(6) 
Prior to connection to and at all times during connection to a holding tank for sewage system use, all property owners shall agree to adequately empty the holding tank, maintain a contract with a contractor to empty the tank and have on file with the office of the Business Administrator an executed holding tank agreement with the City, to secure compliance with all laws and regulations and payment of all costs which may be incurred by the City in obtaining such compliance. The form and content of such agreement shall be approved by the City Attorney.
(7) 
No permit shall be issued allowing use of a premises not in compliance with this subsection.
(8) 
Any person not in compliance with this subsection is subject to citation, issued by the Plumbing Inspector, and forfeiture of up to $50, fees, costs and assessment. In default of payment, the court may alternatively sentence the violator to up to 30 days in the county jail. Each day of a violation is a separate offense.
E. 
Sanitary privies. Construction or installation of permanent outdoor toilets or sanitary privies is prohibited, and those existing shall be replaced with water flush toilets within six months after a public sanitary sewerage system becomes available. Sanitary privies may, however, be permitted in private or public parks used for recreation activities or as a remedial action. Sanitary privies shall be constructed as a watertight vault type and in accordance with § Ind. 52.63, Wis. Adm. Code. Location of sanitary privies shall be such that no privy is closer than 25 feet to a building, property boundary or slope exceeding 12%; and no closer than 50 feet to any well, cistern, reservoir, swimming pool or high-water mark of any lake, stream, pond or flowage. No privy shall be located in a floodplain.
F. 
Portable toilets. Portable sealed chemical toilets may be used temporarily at construction and agricultural sites, provided that they meet the locational requirements for a sanitary privy as set forth in Subsection E.
A. 
Application. Applications for a sanitary permit shall be made by the property owner or his or her agent, in triplicate, to the Plumbing Inspector prior to the issuance of a building or zoning permit and prior to purchase or installation of any septic tank or other treatment tank. The application shall be made on forms supplied to the City by the Wisconsin Department of Commerce. A sanitary permit is valid for two years from the date of issuance and renewable for like periods thereafter. A sanitary permit may be transferred from a holder to a subsequent owner of the site, except that the subsequent owner shall obtain a sanitary permit transfer from the Plumbing Inspector.
B. 
Compensation for administration.
(1) 
All persons performing any work on a private sewage system shall pay a fee to the City according to the following schedule:
Type of Permit
Fee
Sanitary permit for a conventional private sewage system or a replacement system
$125
Sanitary permit for a mound system
$250
Sanitary permit for a holding tank
[Amended 12-15-1998 by Ord. No. 98-1526]
$100
Transfer of a sanitary permit
$10
(2) 
In addition to the fees listed in Subsection B(2) above, there shall be a groundwater fee of $25 for each sanitary permit.
[Added 12-15-1998 by Ord. No. 98-1526]
C. 
Double fee. A double fee shall be charged by the Plumbing Inspector if work is begun before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
D. 
Return inspection. Should a plumber in charge notify the Plumbing Inspector that a system is ready for final inspection, and should the Plumbing Inspector find the system not substantially completed, a return inspection shall be required. A return inspection shall not be conducted until the plumber in charge has mailed or hand-carried a reinspection fee of $50 to the City for administrative costs.
E. 
Sanitary permit fee allocation. Within 90 days of the issuance of any sanitary permit, the Plumbing Inspector shall forward $20 of each sanitary permit fee to the Wisconsin Department of Commerce. The remainder of the fee shall be retained by the City for the administration of this chapter.