Green Lake County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Green Lake County 8-18-2020 by Ord. No. 10-2020[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 334, Private Sewage Systems, adopted 5-20-1980 by Ord. No. 225-80, amended through Ord. No. 720-01.
This chapter is adopted pursuant to the authority contained in §§ 59.70(5), 66.0703, 145.19(1b), 145.20, and 254.59(2) Wis. Stats. and Wis. Admin. Code SPS Chs. 381, 382, 383, 384, 385, and 391.
This chapter is adopted for the purpose of promoting and protecting the public health, safety, prosperity and general welfare and to further the maintenance of safe and healthful conditions for the people and communities within the County. This chapter is intended to ensure the proper siting, design, construction, installation, inspection, and maintenance of all private on-site wastewater treatment systems so as to protect the health of the citizens of the County. As unforeseen circumstances arise which are not specifically covered, the basic principles enumerated in this chapter shall serve to define the intent.
This chapter shall apply throughout the unincorporated areas of the County, including all lands and waters, and shall apply to those incorporated areas of the County which have not adopted and do not adopt their own sanitary code or Code.
A. 
This chapter incorporates by reference the following rules, regulations, and laws, as set forth in the Wisconsin State Statutes and the Wisconsin Administration Code: §§ 59.70(5), 281, 145, 146 and 968.10, Wis. Stats.; SPS 381, SPS 382, SPS 383, SPS 384, SPS 385, SPS 387, SPS 391, NR 113 and NR 116 Administrative Code, as amended. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered.
B. 
The Land Use Planning and Zoning Department (hereinafter "Department") under direction of the Land Use Planning and Zoning Director (hereinafter "Director") shall be responsible for the administration and enforcement of this chapter. The responsibilities of the Department may be delegated by the Director to personnel employed by the County.
C. 
The Director or their designee(s) shall have the following duties and power:
(1) 
Administer provisions of Wisconsin Fund Grant Program as required by Wisconsin State Statutes and Wisconsin Administrative Code.
(2) 
Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.
(3) 
Review and approve plans for private on-site wastewater treatment and sanitation systems that treat domestic wastewater.
(4) 
Issue or deny permits and inspect properties for compliance with this chapter.
(5) 
Keep records of all permits issued, inspections made, work approved and other official actions.
(6) 
Have access to any structure or premises between 8:00 a.m. and 6:00 p.m. for the purpose of performing duties. Application for and issuance of a sanitary permit shall constitute permission by the owner for said access.
(7) 
Report violations of this chapter to the Planning and Zoning Committee and the Corporation Counsel.
(8) 
Upon reasonable cause or question as to proper compliance, revoke any permit issued under this chapter and require cessation of any construction, alteration or use of any building which is in violation of the provisions of this chapter until compliance with this chapter or all applicable State Statutes and Codes is obtained.
(9) 
Order any person owning, using, operating or installing a POWTS to modify, repair, replace or return the POWTS to a safe and sanitary condition if they find the POWTS defective, unsanitary, malfunctioning or otherwise in violation of this chapter or other applicable state regulations.
A. 
Public sewer. All plumbing fixtures shall be connected to a public sewer where available. Determination of whether a sewer is available shall be made by the local sanitary district. Where such a public sewer system is not available, a private sewage system shall be used.
B. 
Allowable use. Private sewage systems or other treatment tank and effluent disposal systems shall be constructed when no public sewer is available to the property to be served. Unless otherwise specifically approved by the Department, the wastewater disposal system of each building shall be entirely separate from and independent of that of any other structure or building. A private sewage system may be owned by the property owner or by a special purpose district. The use of a common system will be subject to the same plan review procedures as for systems serving public buildings.
C. 
Floodplain. Any private sewage system, or portion(s) thereof, installed within a floodplain shall comply with all applicable requirements of Wisconsin Administrative Code NR 116 and Chapter 300.
D. 
Abandonment of private sewage systems. All unused treatment tanks, settling chambers, dosing chambers and seepage pits shall have the contents removed and disposed of in accordance with the requirements of Wisconsin Administrative Code NR 113, or acts amendatory thereto. The top or entire tank shall be removed and the remaining portion of the tank or excavation shall be immediately filled with soil material of similar characteristics to that of which exists on the property.
E. 
Failing system.
(1) 
When a failing or malfunctioning private sewage system is identified, the sewage disposal system shall be corrected or its use discontinued within that period of time required by Department order, but in no case shall this time period be extended beyond one year of the notification of failure or malfunction. Health and safety hazards shall be abated immediately.
(2) 
If any part of a system has failed, the entire system shall be evaluated for compliance with existing codes and this chapter.
F. 
Domestic waste. All water-carried wastes derived from ordinary human living uses shall enter the septic or treatment tank unless otherwise specifically exempted by the state or this chapter.
G. 
A nonplumbing sanitation system. A nonplumbing sanitation system may be permitted only when the structure or premises served by the system is not provided with any type of indoor plumbing system. If plumbing is installed in the structure a private on-site wastewater treatment system shall be installed prior to the connection of water service.
H. 
Cesspools. The use of a cesspool is prohibited.
I. 
Industrial waste/nondomestic waste. The Department of Natural Resources shall be contacted in regard to the treatment and disposal of all industrial or nondomestic wastes, including those combined with domestic waste.
J. 
Clear water. The discharge of surface rain or other clear water into a private sewage system is prohibited, except that water softener or iron filter discharge may enter a private on-site wastewater treatment system.
K. 
Uniform numbering. Prior to any sanitary permit for new construction being issued, the Department shall require the applicant to obtain a fire number under Article II of Ch. 217, Road Names and Building Numbers, of the Code of Green Lake County.
A. 
Installation of a holding tank is prohibited if any other type of private on-site wastewater treatment system (POWTS) permitted by SPS 383, Wisconsin Administrative Code, is to be utilized except for those treatment components enumerated as 1, 2, 3 and 4 of Table 383.04-1 of the Wisconsin Administrative Code. A sanitary permit for the installation of any septic system, which designates a holding tank as a replacement system, shall not be used unless a soil or site evaluation determines that the property is unsuitable for any other type of system permitted by SPS 383, Wisconsin Administrative Code.
B. 
Installation of a holding tank is prohibited for new construction as provided by § 383.32(2)(a)1 SPS 383, Wisconsin Administrative Code with the following exceptions:
(1) 
Systems in an area where a sanitary district has been formed.
(2) 
Holding tanks to service dwellings or structures that replace dwellings, which existed on April 21, 1992.
(3) 
Holding tanks to serve municipal public facilities.
(4) 
Exemptions per § 334-15A(3) where the design wastewater flow is less than 150 gallons per day.
C. 
Installation of a constructed wetland is prohibited as a POWTS treatment component as required under § 383.32(2)(a)2 SPS 383, Wisconsin Administrative Code.
D. 
Installation of an evapotranspiration bed as a POWTS treatment component is prohibited as required under § 383.32(2)(a)3 SPS 383, Wisconsin Administrative Code.
A. 
Soil and site evaluations shall be done prior to the issuance of a sanitary permit as specified in and in compliance with SPS 383 and SPS 385, Wisconsin Administrative Code.
B. 
A soil evaluation shall be conducted by a state certified soil tester or professional soil scientist on all sites regardless of the type of POWTS planned to serve the parcel, unless it can be demonstrated, to the satisfaction of the Department, that sufficient area does not exist for a POWTS, which utilizes in-situ soil.
C. 
At least one soil pit, large enough to enter and allow visual evaluation of the in-situ soil profile, shall be constructed for each proposed soil absorption area.
D. 
Department site evaluation or verification of the proposed absorption area may be required prior to issuance of a sanitary permit.
E. 
Preliminary soil and site evaluations may be required before the creation of new lots by means of a certified survey map or subdivision plat, as defined in the Chapter 315 of the Code of Green Lake County, if review of data, including but not limited to, the County Soil Survey, site and soil evaluations on neighboring lands, and familiarity of the area, indicate that the lots intended may only be served by a holding tank.
F. 
New lots that can only be served by systems enumerated as 1, 2, 3, and 4, of Table 383.04-1 of the Wisconsin Administrative Code, may at the discretion of the Department, be required to have the suitable area delineated on the resultant certified survey map or plat.
A. 
Permits.
(1) 
Every POWTS and nonplumbing sanitation system shall require a separate application and permit.
(2) 
A sanitary permit shall be obtained by the property owner, his agent or contractor, or in the name of the property owner, prior to the start of construction of any structure, which requires a POWTS or nonplumbing sanitation system.
(3) 
A sanitary permit shall be obtained by the owner, his agent or contractor, before any POWTS may be installed, enlarged or altered.
(4) 
No master plumber or master plumber-restricted shall install a POWTS holding or treatment component unless the property owner holds a valid sanitary permit.
(5) 
A County sanitary permit shall be obtained prior to the reconnection of a POWTS, which has been disconnected from a structure.
(6) 
A County sanitary permit shall be obtained prior to constructing or erecting a nonplumbing sanitation system.
(7) 
The permit card issued by the Department shall serve as a notice to the observer that a sanitary permit has been issued for the respective property.
(8) 
The permit card shall be displayed at the site in such a manner that it will be visible from a road abutting the parcel at all phases of construction.
(9) 
The permit card shall not be removed until the POWTS or nonplumbing sanitation system has been installed, inspected, and approved by the Department.
B. 
Application requirements.
(1) 
The sanitary permit application shall include the following information which shall be furnished by the applicant on forms provided by the Department along with applicable fees:
(a) 
Names and address of the applicant (owner of the property) and the plumber employed (where applicable).
(b) 
Legal description of the property.
(c) 
All lot dimensions.
(d) 
Building use (single-family, duplex, etc.) and/or any other information required by the Department pertaining to projected wastewater output.
(e) 
Soil and site evaluation report.
(f) 
System plans conforming to § 334-8C.
(g) 
Appropriate system management and maintenance agreements and contracts.
(h) 
Copies of any recorded documents required under this chapter.
(i) 
When any official state action is required, an original copy of the official action shall accompany this application.
(j) 
Any other information requested by the Land Use Planning and Zoning Department.
(2) 
Where required, the following documents must be recorded with the County Register of Deeds as an attachment to the property deed prior to the issuance of a sanitary permit:
(a) 
Maintenance agreements or contracts, when recording of such is required by Wisconsin Administrative Code SPS 383 and/or this chapter.
(b) 
When a POWTS, or parts thereof, are located on a different parcel than the structure it serves, an appropriate easement must be recorded.
(c) 
POWTS per capita sizing affidavit for existing systems that is permitted to remain in use under SPS 383, SPS 384, Wisconsin Administrative Code and this chapter.
(3) 
The Department reserves the right to require floodplain and/or wetland delineation for a building site or POWTS area prior to sanitary permit issuance. The Department may require elevations on plans to be tied to floodplain elevation datum.
(4) 
The Department reserves the right to refuse incomplete or incorrect permit applications or to delay permit issuance until corrected or completed applications are received.
C. 
Plans.
(1) 
System plans shall be submitted for approval to the Land Use Planning and Zoning Department or to the state in accordance with SPS 383, Wisconsin Administrative Code. Plans shall comply with SPS 383, Wisconsin Administrative Code, and this chapter.
(2) 
Plans submitted shall be clear, legible, and include the original system plan as well as two copies.
(3) 
Plans shall include the following items:
(a) 
The name of the property owner and a legal description of the site.
(b) 
Estimated daily wastewater flow and design wastewater flow.
(c) 
A detailed plot plan, dimensioned or drawn to scale, on paper no smaller than 8 1/2 inches by 11 inches in size. The plot plan shall delineate the lot size and location of all existing and proposed: POWTS, building sewers, private interceptor main sewers, wells, water mains or water services, buildings, lot lines, swimming pools, navigable waters, replacement system areas, location of building to be served or proposed building location, the benchmark established on the soil and site evaluation report, and accesses and associated public roadways. Adjoining properties shall be checked to insure that horizontal setback parameters in SPS 383, Wisconsin Administrative Code are met. All separating distances shall be clearly shown on plot plan. Plot plans shall include a north arrow.
(d) 
Details and configuration layouts depicting how the system is to be constructed.
(e) 
Systems utilizing an effluent pump shall include pump curve and model information.
(f) 
Effluent filter information; manufacturer, model, manufacturer recommended maintenance interval.
(g) 
A description of a contingency plan in the event the POWTS fails and cannot be repaired.
(h) 
Sufficient supporting information to determine whether the proposed design, installation and management of the proposed POWTS or modification to an existing POWTS complies with SPS 383, Wisconsin Administrative Code, and this chapter.
(i) 
Plans shall be signed or sealed as specified in SPS 383, Wisconsin Administrative Code.
(j) 
A copy of the approved plans shall be maintained at the construction site until the POWTS installation is completed, inspected and accepted. The plans shall be made available to the Land Use Planning and Zoning Department or state upon request.
(k) 
A modification to the design of a POWTS, which has been previously approved shall be submitted to the Land Use Planning and Zoning Department or the state as specified in SPS 383, Wisconsin Administrative Code. Plan revisions must be approved prior to system installation.
D. 
Permit expiration.
(1) 
A sanitary permit for a system which has not been installed, modified or reconnected shall expire two years after the date of issuance.
(2) 
Permits may be renewed prior to the expiration date. Written application to the Land Use Planning and Zoning Department is required and the renewal shall require an additional fee.
(3) 
The renewal shall be based on state code and the County Code requirements in effect at the time that the request for renewal is made.
(4) 
Changes in Code or chapter requirements may impede the renewal.
(5) 
The owner or his agent prior to beginning construction shall obtain a new sanitary permit if a sanitary permit has expired.
E. 
Permit transfer. Transfer of ownership of a property for which a valid sanitary permit exists shall be subject to the following:
(1) 
The applicable state transfer form shall be submitted to the Department.
(2) 
Transfer fee shall be included with the request.
(3) 
The Land Use Planning and Zoning Department shall issue a new sanitary permit card upon approval of transfer.
(4) 
Transfer of ownership shall not affect the expiration date or the renewal requirements.
F. 
Change of plumbers. When an owner wishes to change plumbers on a valid sanitary permit the following items must be submitted to the Land Use Planning and Zoning Department prior to the installation of the POWTS:
(1) 
A sanitary permit application signed by the new plumber.
(2) 
Sanitary permit transfer fee.
(3) 
A new system plan, which meets the requirements of § 334-8C unless the existing plan bears a stamp of a licensed plumbing designer.
(4) 
The Land Use Planning and Zoning Department shall issue a new sanitary permit, and permit card upon approval of transfer.
(5) 
Change of plumbers shall not affect the expiration date or renewal requirements.
G. 
Permit denial.
(1) 
When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code, or this chapter have not been complied with when applying for a sanitary permit, the permit shall be denied. Reasons for the denial shall be forwarded to the plumber, landowner, and when appropriate DSPS and the County Corporation Counsel.
(2) 
In the event that a sanitary permit is denied the property owner has the right to appeal the denial decision or request a variance.
A. 
A reconnection permit shall be obtained prior to:
(1) 
Construction of a structure to be connected to an existing POWTS.
(2) 
Disconnection of a structure from an existing POWTS and connection of another structure to the system, except as permitted under § 334-9C.
(3) 
Rebuilding a structure that is connected to a POWTS.
B. 
Prior to issuing a reconnection permit, the existing POWTS shall be evaluated to:
(1) 
Determine if the existing system is functioning properly. A licensed plumber's signed statement regarding the condition of the system and all its components shall be provided.
(2) 
Determine if it will be capable of handling the proposed wastewater flow and contaminant load from the building to be served.
(3) 
Determine that all minimum setback requirements of SPS 383, Wisconsin Administrative Code, will be maintained.
C. 
Application for a County reconnection permit shall include the following:
(1) 
All items in § 334-8B(1)(a) through (d).
(2) 
In cases where the existing POWTS was installed based on soil percolation rate or an insufficient soil test, soil boring data shall be provided that documents suitable soil conditions exist to a depth of not less than two feet above groundwater or bedrock for POWTS installed prior to December 1, 1969, and at least three feet above the ground water or bedrock for POWTS installed on or after December 1, 1969.
(3) 
Appropriate agreements and contracts for system management and maintenance.
(4) 
A report by a licensed plumber, certified septage servicing operator or POWTS inspector relative to the condition, capacities, baffles, and manhole covers for any existing treatment or holding tanks.
(5) 
A report provided by a licensed plumber or POWTS inspector relative to the condition and capacities of all other system components and verifying that the system is not failed.
(6) 
Complete plans as specified under § 334-8C for any system components, which will be modified or replaced.
(7) 
A plot plan, as specified under § 334-8C(3)(c) for any system components that are existing and intended for utilization.
(8) 
When reconnecting to a system, that has a design flow capacity below the design flow calculated by number of bedrooms, is permitted under Wisconsin Administrative Code, a "POWTS Per Capita Sizing" affidavit must be recorded in the County Register of Deeds Office.
(9) 
All systems shall be inspected by the Department at the time of reconnection, prior to backfilling to insure that the proper materials and methods are being used.
A. 
An increase in wastewater flow or contaminant load due to new construction shall be considered to take place when one of the following occurs:
(1) 
There is an increase in the number of bedrooms.
(2) 
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.
B. 
Prior to commencing the construction of an addition to or modification of a structure, which will increase wastewater flow or contaminant load to an existing POWTS the owner(s) of the property shall:
(1) 
Possess a sanitary permit to construct a new POWTS or modify the existing system to accommodate the increase; or
(2) 
Provide the following to the Department:
(a) 
Documentation that a POWTS of adequate capability and capacity to accommodate the increase already exists to serve the structure, as specified in SPS 383;
(b) 
Documentation showing that the location of the proposed construction conforms to the applicable setback distances to all of the existing POWTS components; and
(c) 
Documentation specified under § 334-9D(2) through (5).
(3) 
If the existing POWTS is found to be undersized, construction of the building addition or modification shall not be permitted until a new sanitary permit has been issued that will accommodate the increased wastewater flow derived from the building addition.
Prior to commencing construction of any structure or addition to a structure on a site where there exists a POWTS the owner or agent shall determine that the proposed construction conforms with all applicable setbacks of SPS 383, Wis. Admin. Code.
Fees shall be established to defray the costs of administering this chapter. Permit fees shall be established by the Land Use Planning and Zoning Committee and shall be included in the County Fee Schedule. Permit fees shall take effect following approval of the County Board and may be periodically adjusted as deemed necessary by the Land Use Planning and Zoning Committee.
A. 
The fee for a sanitary permit shall be as follows:
(1) 
At-grade system: $380.
(2) 
Conventional (in-ground gravity) system: $380.
(3) 
Conventional (in-ground gravity) system with lift: $380.
(4) 
Holding tank: $455.
(5) 
In-ground pressure system: $380.
(6) 
Mound system: $380.
(7) 
Vault privy: $380.
(8) 
Minor repair/modification: $150.
(9) 
Pretreatment unit: $75.
(10) 
Agent status (County) review: $75.
(11) 
Renewal fee: $75.
(12) 
Transfer of sanitary permit between plumbers: $75.
(13) 
Transfer of sanitary permit between owners: $300.
(14) 
After-the-fact fee: Double the initial filing fee.
B. 
An additional fee of $100 shall be collected by the Land Use Planning and Zoning Department for systems that have a design wastewater flow of over 5,000 gallons per day; further an additional $100 shall be collected for each additional 5,000 gallons flow per day, above the first 5,000 gallons per day.
C. 
A fee of $100 shall be collect by the Land Use Planning and Zoning Department to monitor groundwater levels (when required as per SPS 385.60(3), Wis. Adm. Code.
D. 
The above sanitary permit fees include the state fee and WNDR surcharge. The above fees will be automatically adjusted concurrently with each state adjustment, whenever the State of Wisconsin changes its permit fees (See SPS 2.67).
E. 
The county may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any twelve-month period.
F. 
The Land Use Planning and Zoning Department shall forward the required portion of the sanitary permit fee to the Department of Safety and Professional Services.
A. 
As required under Wisconsin Administrative Code SPS 383.255, 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.
(1) 
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 owner of a POWTS shall contract with a POWTS maintenance provider to inspect and maintain their POWTS.
(2) 
The inspection and maintenance shall:
(a) 
Be reported to the Department by way of the "POWTS Reporting - File Reports Here" link on the Department's webpage or https://ascent.co.green-lake.wi.us/PermitManagement/Permit/Permit.
(b) 
Be reported within 30 days of the inspection and maintenance.
(c) 
Address the prompted questions applicable to the POWTS system being inspected and maintained.
(d) 
Include the volume (in gallons) that the licensed septic pumper removed from the tank or if the tank was less than 1/3 full of sludge and scum.
(e) 
Indicate, that after a visual inspection had been done of the in-situ soil treatment component, there is no wastewater ponding on the surface of the ground.
(f) 
Indicate that all wastewater from the structure is discharging to the POWTS.
(3) 
Every three years, the Department shall provide to the owner of the POWTS a first notice POWTS maintenance reminder card. The POWTS owner shall have 30 days from the postmark of the first notice to complete their POWTS maintenance obligation.
(4) 
If the POWTS owner fails to complete POWTS maintenance as required in § 334-13A(1) the Department shall provide the POWTS owner with a final notice POWTS maintenance reminder card. The POWTS owner shall have 30 days from the postmark of the final notice to complete their POWTS maintenance obligation.
(5) 
If the POWTS owner fails to complete POWTS maintenance as required in § 334-13A(1) the Department shall provide the POWTS owner with a notice of violation letter. The POWTS owner shall have 15 days from the postmark of the notice of violation letter to complete their POWTS maintenance obligation.
(6) 
If the POWTS owner fails to complete POWTS maintenance as required in § 334-13A(1) the Department will turn over the violation to Corporation Counsel who will use all appropriate legal remedies to resolve the violation.
(7) 
Service providers that report more than 30 days after the POWTS inspection and maintenance will be tracked and after three late reports the service provider may be referred to DSPS.
(8) 
Upon sale of the property, the owner shall provide written notification of the maintenance program to the buyer.
(9) 
In addition to § 334-13A(1), any master plumber, master plumber restricted, or POWTS service provider or POWTS inspector that performs work on or services a POWTS shall report the event by way of the "POWTS Reporting - File Reports Here" link on the Department's webpage.
B. 
Pursuant to Wis. Stats. § 145.20(4), the County may assess the owner of a private on-site wastewater treatment system (POWTS) located within Green Lake County for costs related to the pumping of a septic or holding tank. The County shall make the assessment in the same manner that a city, village or town makes an assessment under § 66.0703 Wis. Stats.
A. 
Except as provided herein, a County sanitary permit with the proper fee is required for the construction and/or installation of a nonplumbing sanitation system.
B. 
Portable rest rooms may be utilized for municipal purposes for the public benefit on public property or for temporary purposes on private property. For the purpose of this chapter standard, "temporary" shall mean the following: For temporary gatherings, festivals and similar activities, a period of 30 consecutive days or less. For use at any construction site, the duration of the construction plus two weeks. A sanitary permit is not required for a portable rest room.
C. 
Nonplumbing sanitation systems shall be located according to the following minimum setbacks:
(1) 
Ten feet from dwellings.
(2) 
Fifty feet from wells.
(3) 
Seventy-five feet from the ordinary high-water mark of a lake, stream or river.
(4) 
Privies and other structures associated with nonplumbing sanitation systems shall be located 10 feet from lot lines or the applicable setback for the Zoning District in which it is located, whichever is greater.
D. 
Nonplumbing sanitation systems shall be constructed in conformance with SPS 391, Wisconsin Administrative Code, and the following requirements:
(1) 
Foundations shall be of concrete or masonry.
(2) 
Vaults shall extend at least six inches above the surrounding grade.
(3) 
All privy structure openings shall be screened and all doors shall be self-closing. Ventilators shall be provided for the vault and extend not less than one foot above the roof and be provided with an effective ventilating hood.
(4) 
Vaults shall be watertight and constructed of materials that are able to be buried and that meet the applicable provisions of Wisconsin Administrative Code SPS 384.
(5) 
Pit privies require a soil and site evaluation in accordance with Wisconsin Administrative Code SPS 385.
A. 
Sewage holding tanks are prohibited, with the following exceptions:
(1) 
No other private sewage system permitted by SPS 383, Wis. Admin. Code, may be installed on the subject property.
(2) 
The subject property is located within an existing sanitary district or municipal sewer district and the district provides written verification that the subject property will be served by its public sewer system within five years of the date of sanitary permit issuance. The property owner shall record an affidavit with the Green Lake County Register of Deeds stating that if sewer service in not available within five years of the date of sanitary permit issuance, the holding tank will be replaced with another POWTS permitted by SPS 383, Wis. Admin. Code.
(3) 
Holding tanks serving a design wastewater flow of less than 150 gallons per day. The property owner shall record an affidavit with the Green Lake County Register of Deeds stating that if the design wastewater flow increases to equal or exceed 150 gallons per day, the holding tank will be replaced with another POWTS system permitted by SPS 383, Wis. Admin. Code.
B. 
All holding tanks shall be equipped with functioning locking devices and high water alarms. In cases where the Department finds the locking devices and/or high water alarms missing or not functioning properly, the Department shall order them to be replaced.
C. 
Servicing or pumping of a holding tank shall occur when the wastewater in the tank reaches a level of one foot below the inlet invert of the tank(s).
D. 
The service provider shall report any holding tank maintenance performed every time the holding tank is pumped/serviced/maintained by way of the POWTS Reporting - File Reports Here" link located on the Department's webpage or: https://ascent.co.green-lake.wi.us/PermitManagement/Permit/Permit.
E. 
Any holding tank which discharges sewage to the ground surface, including intentional discharges and discharges caused by neglect, shall be considered a failing POWTS which will need to be remediated to remain in compliance with the requirements of the state code and this chapter. This may include, by Department order, the installation of a water meter with remote reading device to monitor pumping compliance.
F. 
The use of a camping unit transfer container as a POWTS holding tank component shall be restricted to a campground permitted by the Wisconsin Department of Health Services under DHS 178, Wis. Admin. Code.
A. 
Notice for final inspection shall be given to the Department for all POWTS installed, modified, or reconnected.
B. 
The plumber shall be responsible for scheduling installation inspections with the Department no later than 24 hours in advance on the business day prior to the day of installation.
C. 
The entire system shall be left completely open until inspected and accepted.
D. 
The plumber in charge shall provide the necessary apparatus, equipment and assistance for a proper inspection. Inadequate equipment may result in a delay of the completion of the inspection.
E. 
The Department reserves the right to require additional inspections if it is determined that they are necessary to ensure compliance with Wisconsin Administrative Code and this chapter.
F. 
When a specific test is required by the product approval division of the state, or as a condition of approval by the state or Department, the installer shall provide notice to the Department at least 24 hours prior to performing the test, and will provide documentation of the results if requested by the Department.
G. 
All nonplumbing sanitation systems shall be inspected for compliance with SPS 391 Wisconsin Administrative Code and this chapter.
H. 
The property owner shall notify the Department for inspection immediately after the nonplumbing sanitation system has been constructed or installed.
I. 
Mound and at-grade systems shall be inspected by the Department at the time of plowing, at the completion of the distribution piping installation and after all work is completed.
J. 
Inspections of sand filters, drip-line effluent dispersal and experimental systems shall be scheduled as follows:
(1) 
The plumber installing the system shall coordinate any preconstruction meetings.
(2) 
The plumber installing the system shall notify the Department 48 hours prior to the beginning of the installation to schedule inspections and shall notify the state if required as a condition of plan approval.
(3) 
The Department reserves the right to request as many inspections as deemed necessary to insure proper installation of the system.
A. 
Investigation of alleged violations. Any violation of the provisions of this chapter shall be deemed unlawful and a public nuisance. When necessary, to determine compliance with this chapter, the Land Use Planning and Zoning Department shall investigate alleged violations. After confirmation that a violation exists, the Land Use Planning and Zoning Department shall pursue compliance of the violation and enforce the provisions of this chapter.
B. 
Violations and penalties; citations.
(1) 
Any violation of the provisions of this chapter by or under the direction of the landowner shall be brought into compliance upon notification by the Land Use Planning and Zoning Department or the Land Use Planning and Zoning Committee or the County Corporation Counsel.
(2) 
The County Corporation Counsel shall have the authority to use all legal remedies necessary to enforce the provisions of this chapter. After consultation with the Land Use Planning and Zoning Department and/or the Land Use Planning and Zoning Committee, the Corporation Counsel shall determine which legal remedy or legal remedies are in order to enforce the provisions of this chapter.
(3) 
Each day that the violation exists, after receiving notice of the violation from the Land Use Planning and Zoning Department by certified or registered mail, or personal service per Ch. 801.11 Wis. Stats, shall constitute a separate offense.
(a) 
Any landowner who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture of not less than $50 nor more than $500 per offense, together with the taxable costs of action.
(b) 
A landowner may request an extension to a deadline for compliance as set by the Department. The request for extension must be made in writing and include the following information: parcel number, address, current owner information, reference within the ordinance(s) of existing violations, number of days the extension is being requested for, enforceable compliance schedule/time frame, if any other existing violations on the property have been resolved, and other pertinent information.
(4) 
In addition to the Corporation Counsel having the authority to enforce the provisions of this chapter per Subsection B above, the designated staff of the Land Use Planning and Zoning Department shall have the authority to and may prepare, sign, and issue citations in order to commence action to achieve compliance with the provisions of this chapter.
C. 
Stop-work orders.
(1) 
No sanitary permit obtained. When the Land Use Planning and Zoning Department is notified or becomes aware of any activity in violation of the provisions of this chapter by or under the direction of the landowner that requires issuance of a sanitary permit pursuant to this chapter, and such a permit has not been obtained, the Land Use Planning and Zoning Department may issue a stop-work order requiring any such activity to be immediately stopped and enjoined.
(2) 
Sanitary permit obtained. When the Land Use Planning and Zoning Department is notified or becomes aware of any activity in violation of the provisions of this chapter by or under the direction of the landowner for which a sanitary permit was issued and the actual activity deviates from that sanitary permit, the Land Use Planning and Zoning Department may issue a stop-work order requiring the activity to be immediately stopped and enjoined.
(3) 
The stop-work order shall be mailed to the subject landowner's property tax bill mailing address or the mailing address as stated on the sanitary permit application and/or to any person signing the sanitary permit application.
(4) 
The stop-work order card issued and posted by the Land Use Planning and Zoning Department shall be posted at the subject site in plain view from a non-trespass location off the subject property. A stop-work order card shall remain posted until compliance of the violation occurs. In the event that a stop-work order has been removed from its posted location by persons other than Department staff, the property owner(s) and/or other agents, upon conviction, shall be subject to a $300 fine plus court costs. The fine shall increase by $300 after each offense and be cumulative. For example: $300 first offense, $600 for second offense, $900 for third offense, and so on. If a property owner removes a stop-work order sign three times they shall be subject to $1,800 ($300 + $600 + $900) in fines plus court costs.
(5) 
An action filed pursuant to the Board of Adjustment or to any court shall stop work during and until the final outcome of the action has been reached or until so ordered by a Court of appropriate jurisdiction.
D. 
Injunctions. Every violation of this chapter is a public nuisance, and the creation thereof may be enjoined and the maintenance thereof abated pursuant to § 59.69(11), Wis. Stats.
E. 
Emergency conditions. Whenever the Land Use Planning and Zoning Department finds that an emergency exists such as sudden, unexpected occurrences, or combinations thereof, unforeseen conditions or circumstances at the time beyond a landowner's control, adverse weather conditions, meeting a timetable which requires immediate action to protect the public health, safety, and welfare, the Land Use Planning and Zoning Department may, without notice or hearing, issue an order citing the existence of such emergency and may require that such action be taken as may be deemed necessary to meet the emergency. The Land Use Planning and Zoning Department shall notify the Chairperson of the Land Use Planning and Zoning Committee within 24 hours of such situations. Notwithstanding any other provisions of this chapter, such order shall become effective immediately. Any person to whom such order is directed shall comply therewith immediately. Appeals or challenges to emergency orders may be brought to the Board of Adjustment after emergency conditions have ceased.
To protect the public health, all subdivision plats (preliminary and final) as regulated by Chapter 315, "Land Division and Subdivision" shall identify the primary and a replacement soil absorption areas for proper on-site wastewater treatment for all lots not served by a public sewer. In addition,
A. 
Data for all soil tests shall be submitted to the County on DSPS form SBD-8330 (R04/15) or any future revisions. The form shall be signed and dated by a state certified soil tester.
B. 
The County may conduct field investigations to verify, but limited to, depth to soil mottles, groundwater, and bedrock, soil texture and structure and land slope.
C. 
At least two soil pits, large enough to enter and allow visual evaluation of the in-situ soil profile, shall be constructed for each proposed soil absorption area.
D. 
The County may require the monitoring of groundwater levels for proposed subdivisions where the in-situ soil has been altered.
E. 
The soil absorption (and replacement area) for each subdivision lot not served by a public sewer, shall be of sufficient area to treat a design wastewater flow of 450 gallons per day.
F. 
Where individual subdivision lots are to be served by a community wastewater treatment system, the submitted preliminary and final plats shall clearly explain and identify the location of the system's components and the lots being served. Furthermore:
(1) 
Any community system shall be designed to accommodate a minimum design wastewater flow of 450 gallons per day and a restriction shall be included on.
(2) 
All components of a community wastewater treatment system shall be owned and maintained by a special purpose district.
(3) 
All components of a community wastewater treatment system shall be accessible through easements, public rights-of-way or ownership.
(4) 
Community systems shall be submitted to and approved by DSPS and/or the WNDR prior to final plat approval by the County.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDINGS
See "structure."
DEPARTMENT
The County Land Use Planning and Zoning Department.
DIRECTOR
The Land Use Planning and Zoning Director.
FAILING PRIVATE SEWAGE SYSTEM
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 back up of sewage into the structure served by the private on-site wastewater treatment system. See Wis. Stat. § 145.245(4). In addition, a holding tank which discharges sewage to the ground surface, including intentional discharges and discharges caused by neglect, shall be considered a failing private sewage system.
HUMAN HABITATION
The act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a primary residence.
NONPLUMBING SANITATION SYSTEM
Sanitation systems and devices within the scope of SPS 391, Wisconsin Administrative Code, which are approved alternatives to water carried waste plumbing fixtures and drain systems; including but not limited to, incinerating toilets, composting toilets and privies.
PLUMBER
A person licensed by the state as a master plumber or master plumber-restricted services.
POWTS
Private on-site wastewater treatment system.
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM
Also referred to as a "sewage system," means 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 of Safety and Professional Services, 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 private on-site wastewater treatment system may be owned by the property owner or by a special purpose district. See § 145.01(12), Wis. Stats.
PRIVY-PIT
A privy with earthen sidewalls and/or bottom constructed in accordance with applicable sections of Wisconsin Administrative Code and this chapter.
PRIVY-VAULT
A privy with a subsurface storage chamber that is water tight and has a minimum capacity of 200 gallons.
REBUILT
The construction which takes place after a structure is demolished or damaged in excess of 50% or greater of its equalized value at the time it is demolished or damaged.
SANITARY PERMIT
A permit issued by the Department for the installation of or reconnection to a private on-site wastewater treatment system or non-plumbing sanitation pursuant to Chapter 145, Wis. Stats.
SEPTAGE
See "sewage."
SEPTIC TANK
An anaerobic treatment tank.
SERVICING PROVIDER
An individual or business licensed by the State of Wisconsin as a master plumber, master plumber-restricted service, septage pumper or POWTS maintainer.
SEWAGE
The liquid and liquid carried wastes created in and to be conducted away from residences, businesses, industries, public buildings, and other buildings in which people live, stay or work.
STATE
The Wisconsin Department of Safety and Professional Services.
STRUCTURE
Anything constructed or erected the use of, which requires location in or on the premises, or any other attachment to something having a permanent location on the ground. Included are items that may have been designed as transportable or as a vehicle, but stand in seasonal or permanent locations for storage or human habitation, which may include but are not limited to; truck campers, travel trailers, park or model units, buses and motor homes.