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170 8.2 PRIVATE SEWAGE SYSTEM ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The Douglas County Private Sewage System Ordinance is created to read: SECTION II. ADOPTION A. Pursuant to Section 59.70(5), Wis. Stats., the Douglas County Board of Supervisors hereby adopts the Douglas County private sewage system ordinance. B. This ordinance shall be subject to the provisions of Ch. 145, Wis. Stats., and all subsequent rules and regulations promulgated thereunder regarding private sewage systems. C. This ordinance shall not be more lenient nor stringent than the rules and regulations promulgated pursuant to Ch. 145, Wis. Stats. SECTION III. DEFINITIONS A. "Alternative Systems" - a state approved substitute for a standard designed septic tank or soil absorption area. This includes: 1. holding tanks, 2. the construction of a mound system to dispose of private sewage effluent in areas where soils are inadequate due to bedrock, high ground water or slowly permeable soils, 3. any private system which the State of Wisconsin may approve. B. "Department" - the state department of Industry, Labor and Human Relations-Plumbing Section. C. "Issuing Agent" - the county office, department, committee, position or employe assigned the duties of administering the private sewage system program by the county board. D. "Private sewage system" - 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; an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving ---PAGE BREAK--- 171 more than one structure or a system located on a different parcel than the structure; and may be owned by the property owner or by a special purpose district. E. "Privy" - a structure which has no plumbing or water under pressure and the primary use is to contain human wastes. F. "Sanitary permit" - a permit issued by the department or the issuing agent for the installation of a private sewage system. SECTION IV. ISSUING AGENT The Zoning Administrator shall act as the Douglas County issuing agent and is hereby assigned the duties of administering the private sewage system program. SECTION V. SANITARY PERMIT A. Validity. 1. No person may install a private sewage system unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit. 2. No person may sell at retail a septic tank for installation unless the purchaser holds a valid sanitary permit. 3. A sanitary permit is valid for two years from the date of issue and renewable for similar periods thereafter. 4. A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent. B. Application Forms. The issuing agent shall use the sanitary permit forms provided by the department. C. Application process. 1. The applicant shall submit the completed sanitary permit application to the issuing agent. 2. The issuing agent shall review the certified soil tester reports for the proposed private sewage systems and verify the report at the proposed site, if necessary. 3. The issuing agent shall approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application. 4. The issuing agent shall issue written notice to each applicant whose sanitary permit application is disapproved. Each notice shall: A. State the specific reasons for disapproval and amendments to the application, if any, which would render the application approvable. ---PAGE BREAK--- 172 B. Inform the applicant of the right to appeal and the procedures for conducting an appeal under Chapter 68, stats. SECTION VI. FEES A. The fee for filing of applications for sanitary permits shall be established by the County Zoning Committee. A copy of the current fee schedule shall be kept on file in the office of the County Zoning Administrator. B. A county may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period. C. The issuing agent shall forward a copy of each valid sanitary permit and the appropriate fees to the department within 90 days after the permit is issued. SECTION VII. INSPECTION A. The issuing agent shall inspect or cause the inspection of all private sewage systems after construction, but before backfilling, no later than the end of the next workday, excluding Saturday, Sundays and holidays, after receiving notice from the plumber in charge. B. The issuing agent shall file reports and conduct surveys and inspections as required by the county or the department. SECTION VIII. VIOLATIONS The issuing agent shall investigate violations of the private sewage system ordinance and Ch. 145, Wis. Stats., issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement. Any person who violates this ordinance shall forfeit a sum up to $200.00 plus cost of prosecution for each day of violation. Default of payment shall result in imprisonment in the Douglas County jail for a period of not to exceed six months. SECTION IX. CITATIONS Violation of this ordinance is subject to the provisions of Sections 59.69(11) and 66.0113, Wis. Stats. ---PAGE BREAK--- 172.1 SECTION X. OTHER DUTIES The issuing agent shall perform other duties regarding private sewage systems as considered appropriate by the county or as required by the rules of the department. SECTION XI. PRIVIES The regulation of privies shall be subject to the provisions of State of Wisconsin and Douglas County Codes. A. Privies shall be constructed and maintained in a clean condition so that insects and rodents cannot enter the vault. B. Privies shall be located at the minimum horizontal distance of 50 feet from any potable water well, 75 feet from highwater mark of any lake or stream, 25 feet from crest of 13% slope to any watercourse, 50 feet from any building, 25 feet from any lot lines. There shall be 3 feet of undisturbed soil between the bottom of the earth-pit and the highest ground water level or bedrock. C. An EH 115 form completed by a certified soil tester, or plans for a water tight vault made of approved material must be submitted before a permit can be issued for a privy. Dated this 14th day of August, 1980. Amendments: December 15, 1983 November 15, 2007