PROPOSED SHAWANO COUNTY SANITARY ORDINANCE

PROPOSED SHAWANO COUNTY SANITARY ORDINANCE Section 1.0 Section 1.1 INTENT AND INTERPRETATION The general intent of this ordinance is to regulate the location, construction, installation, alteration, design, and use of all private on-site wastewater treatment systems (POWTS) so as to protect public health and to further the conservation of land and water resources. It is further intended to provide for the administration and enforcement of this ordinance. Section 1.2 It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law except that, where this ordinance imposes greater restrictions, the greater restrictions shall apply. Section 1.3 Interpretation and application of the provisions of this ordinance shall be liberally construed in favor of Shawano County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Section 1.4 The standards for construction and maintenance of private on-site wastewater treatment systems in this ordinance shall not be interpreted to be more lenient nor stringent than the Wisconsin Administrative Code rules promulgated pursuant to Chapter 145, Wis. Stats. Section 2.0 AUTHORITY Section 2.1 This ordinance is adopted pursuant to the provisions of Chapter 145 and S. 59.70(5), Wisconsin Statutes, and all rules and regulations promulgated thereunder regarding private on-site wastewater treatment systems. These rules, regulations and laws shall apply until amended and then shall apply as amended. Section 2.2 Incorporation of provisions by reference. This ordinance incorporates by reference the following rules, regulations and laws as set forth in the Wisconsin Statutes, and the Wisconsin Administrative Code: Chapter 145, Wisconsin Statutes, and Chapters NR 112, NR 113 and COMM 81, 83, 85, 87, 91 of the Wisconsin Administrative Code. The location, design and construction standards therein described are hereby adopted as standards for POWTS, non-plumbing toilets and privies under this ordinance. 1

Section 3.0 Section 3.1 DEFINITIONS General Except as specifically defined below, words and phrases used in this ordinance are to be interpreted as having the same meaning as they have in the State Statutes and Administrative Codes and in Common Law. Words in the present tense include the future; words in singular include the plural and words in the plural include the singular. The word shall is mandatory. Section 3.2 Terms (1) Alternative System means any POWTS other than a conventional, mound, inground pressure or at-grade POWTS. (2) Department means the State Department of Commerce Bureau of Safety and Buildings. (3) Non-plumbing Toilet means chemical, organic (composting), electrical, gas, and other non-water using toilets. (4) Issuing agent means the county office, department, committee, position or employee assigned the duties of administering this ordinance by the County Board. (5) POWTS means a private on-site wastewater treatment system. (6) POWTS component means those components listed under COMM 81.01 183 through 186. (7) Privy means an outhouse or structure used for deposition of human excrement. (8) Effluent means liquid discharged from a POWTS treatment component. (9) Licensed pumper means a person or firm licensed by the State of Wisconsin to pump, haul and dispose of sewage and septage. (10) Plumber means a person licensed by the State of Wisconsin as a Master Plumber or Master Plumber Restricted Sewer Service. (11) Privy-pit means a privy with earthen sidewalls and/or bottom. (12) Privy-vault means a privy with a watertight vault. 2

(13) Redoximorphic feature means a feature formed in the soil matrix by the processes of reduction, translocation and oxidation of iron and manganese compounds in seasonally saturated soil [COMM 81.01(202)]. (14) Sanitary Permit, State means. Those POWTS installations and modifications listed in COMM 83.21(1). (15) Sanitary Permit, County means County issued permits for re-connections, privies and non-plumbing toilets. (16) Sewage means wastewater containing fecal coliform bacteria exceeding 200 CFU, colony forming units, per 100 ml. (17) Structure means anything erected, constructed or installed that is supported by the ground. (18) Wisconsin Fund means the private sewage system replacement or rehabilitation grant program administered by the State of Wisconsin. (19) POWTS maintenance program means the 3-year treatment tank maintenance required by Section 15.2. Section 4.0 Section 4.1 GENERAL CONDITIONS Applicability. This ordinance applies to all unincorporated and unsewered areas of Shawano County. Section 4.2 Compliance. All buildings in Shawano County that are permanently or intermittently intended for human habitation or occupancy and which are not served by public sanitary sewer, shall be served by an approved POWTS, non-plumbing toilet or privy. (1) Modifications to systems and joint liability. No POWTS or part thereof shall be located, installed, moved, reconstructed or substantially altered except as permitted by this ordinance. The owner of the property on which the POWTS is located and the company or individual doing related work are responsible for compliance with this ordinance. 3

(2) Inspection prior to occupancy. The POWTS for newly constructed buildings shall be approved under this ordinance, installed by a licensed master plumber and inspected by the issuing agent before the building can be occupied. Section 4.3 Retroactivity. Pursuant to COMM 83.03(2), if no permit was required for installation of a POWTS, non-plumbing toilet or privy and the system has failed, it shall be replaced in compliance with standards for a new system. If any component of an approved POWTS has failed, only that component must be replaced. However, installation of an effluent filter is required for all treatment tanks. Section 5.0 Section 5.1 ADMINISTRATION AND ENFORCEMENT. Issuing Agent. The Shawano County Zoning Enforcement Officer and his or her designees shall administer this ordinance. Section 5.2 Powers and Duties. The issuing agent shall have the responsibility and authority to: (1) Delegate duties to and supervise Zoning and Land Use Control Division staff for administration and enforcement of this ordinance. (2) Explain the provisions of this ordinance and assist applicants in preparing permit applications. Review all related applications and plans for POWTS submitted to the county for compliance with the provisions of this ordinance. (3) Issue, deny, and rescind sanitary permits; maintain records of permits, inspections made, work approved and performed and other information as appropriate. (4) The issuing agent shall review soil and site evaluation reports for the proposed POWTS, verify the report at the proposed site, if necessary, and maintain related records. (5) Inspect all POWTS during construction. (6) Investigate all complaints related to this ordinance consistent with S. 145.20(2)(f) of Wisconsin Statutes and order compliance if the system is found to be in violation of this ordinance or applicable state regulations. (7) Report unresolved violations of this ordinance to the Corporation Counsel. 4

(8) Enforce any or all of the rules or orders and amendments thereto of the Department of Commerce applicable to POWTS. (9) Request access to any structure or land during reasonable business hours or as otherwise agreed upon for the purpose of determining compliance with this ordinance. If access is denied, the issuing agent shall seek a special inspection warrant as provided in S. 66.0119, Wis. Stats. (10) Administer the Wisconsin Fund Grant Program and distribute grant monies to eligible applicants. (11) Any other duties relating to POWTS administration and enforcement of this ordinance as assigned by the Planning, Development & Zoning Committee or as required by State regulations. Section 6.0 ABANDONMENT OF POWTS Section 6.1 Public sewer. When a municipal sewage district orders a structure or premises to be connected to public sewer, the POWTS serving the structure or premises shall be abandoned consistent with s. 6.2 of this ordinance. Section 6.2 Discontinued Use. The components of an existing POWTS that are not part of the approved design of a replacement POWTS shall be abandoned at the time of the installation of the replacement POWTS by the plumber installing the POWTS. Abandonment shall include: (1) Disconnecting all piping to the tanks and pits. (2) Sealing all disconnected piping to the tanks and pits in accordance with COMM 82.21(2)(h). (3) Pumping and disposing of the contents from all tanks and pits. The disposal of the contents from septic tanks, treatment tanks, distribution tanks, seepage pits and holding tanks shall comply with Ch NR 113. (4) Removing all tanks or removing the covers of the tanks or pits and filling the tanks and pits with uncontaminated soil, gravel or an inert solid material. 5

Section 7.0 Section 7.1 SANITARY PERMITS Permit required (1) A land use permit may not be issued until the sanitary permit for the structure has been issued. (2) No person may install or modify a POWTS, privy or non-plumbing toilet unless the owner of the property on which the POWTS or non-plumbing toilet is to be installed holds a valid State or County Sanitary Permit and installation or modification is in complete compliance with the terms of the permit and this ordinance. Permits shall be obtained prior to the start of construction of the POWTS. (3) Emergency repairs. Emergency repairs or the removal of obstructions may be performed without a Sanitary Permit provided such work is reported to the issuing agent as soon as possible for a determination as to whether a Sanitary Permit is required. A Sanitary Permit is not required for the addition of manhole risers or replacement of manhole covers, manhole risers, baffles, filters or pumps. (4) Sale of components. Pursuant to s. 145.19(1), Stats. no person may sell at retail a POWTS or holding system component unless the purchaser holds a valid sanitary permit. Section 7.2 Applications for State Sanitary Permits. Application for a State Sanitary Permit shall be made on forms specified by the Department. Completed application forms shall be submitted to the issuing agent. (1) Application and maintenance plan requirements. The Sanitary Permit shall include the information required by COMM. 83.21(2)(c) & 83.22(2). (2) Maintenance plan. Application for a sanitary permit for all POWTS must include information on design, and maintenance provisions and monitoring procedures to assure the proper operation of the system. A maintenance plan is required. Maintenance for a septic tank shall include a pump out and inspection at intervals not to exceed 3 years. All other system types shall include a management plan for 6

maintaining the designed performance and operational standards required by this ordinance. The management plan shall be a part of the Sanitary Permit application. The plans shall include all information necessary to maintaining the continued operation and treatment capability of the system. This information may include, but is not limited to the following: (a) Accumulated solids or byproduct removal; (b) Influent and effluent volumes and characteristics; (c) Groundwater monitoring well location(s); (d) Monitoring well construction requirements and sampling procedures; (e) Monitoring/sampling port location; (f) Metering, sampling and monitoring schedules; (g) Site vegetative cover maintenance; (h) Load and rest schedules; (i) Contingency plans for events involving component or operational failure; (j) Alarms or other systems to alert owner when the system is not operating properly; (k) Odor and nuisance control; (l) All maintenance requirements in terms of processes and their frequency; (m) Reporting frequency, and designated reporting agent; (n) Other pertinent information as deemed necessary. (3) Incomplete applications and denial. The issuing agent may return incomplete or inaccurate permit applications noting their deficiencies. 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. 7

(b) Inform the applicant of the right to appeal and the procedures for conducting an appeal under Chapter 68, Wis. Stats. (4) Permit Cards. (a) The Permit Card issued by the issuing agent to the property owner or their agent shall serve as the State Sanitary Permit. (b) The Permit Card shall be displayed at the site in such a manner that it will be visible from a road abutting the lot during all phases of construction. (c) The Permit Card may not be removed until the POWTS has been entirely installed, inspected, and approved. (d) Failure to display the permit card shall be considered a violation of this section and may subject the property owner, their agent or contractor, to penalty provisions of this ordinance. Section 7.3 Validity. A sanitary permit is valid for 2 years from the date of issuance and is renewable for additional 2-year periods thereafter. Permits may be renewed following written application to the issuing agent by the property owner, his agent, or contractor prior to the expiration date of the original permit provided that the proposed site and system comply with applicable codes at the time the renewal is requested. A new sanitary permit must be obtained as a replacement for an expired permit. Section 7.4 Transfers. A sanitary permit may be transferred from the owner to a subsequent owner of the land. A transfer copy of the sanitary permit must be obtained from the issuing agent. Section 7.5 Revision. A change in plumbers and any change in system design described in COMM 83.22(4) shall require a sanitary permit revision. A change in plumbers requires a revision form and any additional information required to describe proposed system design changes. Permits issued for systems requiring State approval shall not be assigned to another plumber unless the plan bears the stamp of the approving architect, engineer, or plumbing designer or until new State approval is obtained. 8

Section 8.0 Section 8.1 INSPECTION The issuing agent shall inspect all POWTS after construction, but before backfilling. Inspection shall occur no later than the end of the next workday following notice from the plumber in charge. No inspection will be scheduled for the same day as permit issuance. Section 8.2 Inspections shall determine compliance with approved plans and component manual requirements. Section 8.3 Mounds and at-grade systems shall be inspected at the time the ground s surface is plowed, while the sand fill for a mound is being placed, at the time the distribution piping has been placed and after all work has been completed. Additional inspections may be determined by the issuing agent to be necessary. Section 9.0 Section 9.1 SOIL REPORTS AND SITE EVALUATIONS. Soil and site evaluation report. No sanitary permit may be issued until a soil and site evaluation report has been reviewed and approved by the issuing agent. For all new or replacement construction at least one backhoe pit must be excavated for each system area submitted for approval. The report and evaluation must comply with the standards of COMM 83 and COMM 85 and must be submitted to the county within 30 days of the observations/tests. If the report is not acceptable, the issuing agent shall notify the applicant in writing and state the reasons for noncompliance consistent with COMM 85.50(1)(d). Section 9.2 Verification. The issuing agent may verify the report and soils at the proposed site if deemed necessary. Backhoe pits are required whenever the County verifies soil boring data. Backhoe test pits shall be made accessible for County evaluation of the soil profile. The County will verify all soil and site evaluation reports submitted for at-grade systems. Section 10.0 Section 10.1 HOLDING TANKS. General. Holding tanks for private sewage are prohibited, with the following exceptions: 9

(1) For replacement of an existing POWTS where a soil test indicates that redoximorphic features are present within 4 inches of the bottom of the A soil horizon. (2) For use with a non-residential building provided the structure is not used for human habitation. (3) Where a parcel does not include sufficient area for another type of POWTS. Section 10.2 Holding Tank Forms (1) Holding Tank Agreement. In cases where holding tanks are allowed, the applicant for a holding tank shall be required to enter into a Holding Tank Agreement with the County before the sanitary permit is issued. The agreement shall be signed on forms provided by the Department of Commerce. A certified plumbing inspector with the Zoning and Land Use Control Division shall sign the agreement on behalf of Shawano County, as the Governmental Agent, or where a municipality has notified the County of their intent to sign the agreement then the signature of the Municipal Representative shall be obtained. This agreement shall be recorded with the Shawano County Register of Deeds Office. (2) Holding Tank Servicing Agreement. Prior to the issuance of a Sanitary Permit for a holding tank, a holding tank servicing agreement consistent with COMM 83.52(2) and signed by the property owner and a licensed septage pumper must be submitted to the issuing agent. Section 10.3 Inspections. The County may investigate the condition of the holding tank when pumping reports and/or meter readings indicate that the holding tank is not being properly maintained. The County may also order an evaluation of the holding tank by a licensed plumber to certify that the holding tank is still water tight. If it is not, the holding tank must be replaced with a code compliant POWTS. Section 10.4 Pumping Reports. All holding tank pumpers who pump one or more holding tanks in Shawano County shall submit annual pumping reports to the issuing agent. 10

Section 10.5 Locks and High Water Alarm. All holding tanks shall be equipped with functional locking devices and high water alarms. The high water warning device shall be installed so that it activates 1 foot below the inlet pipe. This device shall either be an audible or illuminated alarm. If the latter, it shall be conspicuously mounted. Electrical junction boxes, including warning equipment junctions, shall be located outside the holding tank unless they are housed in waterproof, explosion-proof enclosures. Electrical relays or controls shall be located outside the holding tank. In cases where the issuing agent finds the locking devices and/or high water alarms missing or not functioning properly, he/she shall order them replaced. Section 10.6 Water meters. Pursuant to COMM 83.54(2)(c), a water meter shall be installed in a new building or structure served by a holding tank or where a replacement holding tank is installed. This provision applies to the replacement of a single unit mobile/manufactured home with a different one as well as the building of a new structure to replace an existing one. The water meter shall be installed by a plumber authorized by the State to conduct such installations and installation shall comply with State regulations and manufacturer s specifications. The owner agrees to maintain the water meter. Section 11.0 Section 11.1 MANAGEMENT STANDARDS Intent. It is the intent of this section to require continuing management of a POWTS as the means of ensuring compliance with the performance standards of COMM 83. Section 11.2 Management and Responsibility. The owner of a POWTS shall operate and maintain the system in compliance with the approved design and maintenance provisions that were submitted with the permit application. Section 11.3 Failing System. Any POWTS that is not maintained in accordance with the approved management plans shall be considered a failing POWTS. The use, maintenance or operation of a failed POWTS is prohibited. Section 11.4 Monitoring Influent and Effluent Loads 11

(1) The influent loads discharging to a POWTS and/or the effluent loads from a POWTS shall be sampled and evaluated for contaminants if required in the approved plans or component manual design. The results of the analysis shall be reported to the County by the POWTS owner or their designated agent as specified in the management plan. (2) The issuing agent may require monitoring of additional constituents or system components not originally included in the management plan should evidence of potential component or system failure come to the attention of the issuing agent. (3) The samples shall be collected and handled in accordance with the requirements of the approved management plan or, when no procedures are specified, in accordance with published sampling procedures. Section 11.5 Service Reports Pre-07/01/00 system maintenance procedures are required by COMM 83.54(4) and the reporting requirements by COMM 83.55(1)(b) as well as by COMM 83.55(2) & (3). Post-07/01/00 system maintenance procedures are required by the approved management plan and the reporting requirements by COMM 83.55(2) & (3). (1) Reports of system servicing or maintenance shall be submitted to the county: a) Within 10 business days from the date of service; b) By the owner or the owners agent; (2) Reports shall include, but are not limited to, the following information: a) The system owner s name, address, and legal description/parcel number; b) The name and certification number of licensed individuals performing the service or repair; c) Information on any malfunction of system components and any repairs that were made; d) Meter readings; e) Pumping information; f) Results of analysis of any effluent sampling; 12

g) General observations of overall system condition and performance. Section 12.0 Section 12.1 PRIVIES Standards applicable to all privies. (1) No privies shall be allowed on land zoned Residential. Hunting and fishing shelters constructed or expanded after January 1, 2003 shall require a privy or non-plumbing toilet. (2) A privy may be permitted only when the building served by the privy is not provided with plumbing or water service and when there is no electrical service available to the site, except for privies to be located on public lands or campgrounds, parks, private campgrounds and group camps operating as a non-profit service organization. (3) A privy shall be constructed to meet the requirements of COMM 84.25, as referenced by COMM 91.12 dealing with POWTS holding or treatment components. No privy shall be erected or maintained within 50 feet of any water or well, 25 feet of the property line or road right of way or within 25 feet of the door or window of any building. (4) Vault specifications shall be as described in COMM 84.25 as referenced by COMM 91.12. (5) Venting specifications shall be as described in COMM 82.31 (16) as referenced by COMM 91.12. (6) The entire installation shall be kept clean and sanitary. Milk of lime (freshly slaked lime) or other equally effective disinfectant shall be used in the vault and in the urinal trough in sufficient quantities, and at frequent intervals. The floors, seats and urinals shall be scrubbed as often as necessary. The vault shall be cleaned out at proper intervals. (7) All privies shall be inspected after installation for compliance with applicable codes. The property owner shall notify the issuing agent requesting inspection after the privy has been constructed and prior to any use. 13

Section 12.2 Privies for public use. (1) All privies for public use shall comply with provisions of COMM 52.63. (2) All privies for public use shall be provided with a suitable approach, such as a concrete, gravel or cinder walk. (3) The foundations of all privies for public use shall be of concrete or other masonry. Section 13.0 NON-PLUMBING TOILETS Section 13.1 General. Chemical, organic (composting), electrical, gas, and other non-water using toilets that shall be utilized in place of a privy, require approval of the issuing agent prior to the use and may only be used for seasonal dwellings which do not have access to a water supply system. Section 13.2 Permit. Prior to utilization of a non-water-using toilet, an application for a permit must be filed with the issuing agent. Section 13.3 Inspections. All properties where non-water using toilets are utilized shall be inspected by the issuing agent to assure there is no plumbing in the structure, the toilet has no liquid discharge and that no other type of POWTS exists. The property owner shall notify the issuing agent to arrange an inspection. Section 14.0 Section 14.1 EXISTING SYSTEM RECONNECTION AND EVAUATION Application for reconnection. No existing POWTS shall be connected to a rebuilt or replacement structure unless the owner or owner s agent has received approval from the issuing agent for such connection. Application for connection shall be made on forms provided by the issuing agent who shall inspect the system at the time of connection to determine whether compliant materials and methods have been employed. Section 14.2 Activities requiring a sanitary permit and/or system evaluation for existing systems. The owner or owner s agent shall obtain a sanitary permit based on a system evaluation and shall enroll in the POWTS maintenance program in the following cases: (1) prior to replacement of a system that has failed; 14

(2) prior to connection of an existing POWTS to a rebuilt or replacement structure; (3) prior to issuance of a zoning permit authorizing a change in use of a structure to be used for human habitation; (4) prior to issuance of a building permit authorizing addition or enlargement of bedrooms or greater than 25% of the habitable area of the existing structure; or (5) prior to sale of a parcel that includes a structure served by a POWTS. Section 14.3 Exceptions to sanitary permit and/or system evaluation requirements. The sanitary permit and/or system evaluation required by Section 14.2 shall not apply in the following cases: (1) where the existing system is less than 10 years old or has previously been determined to comply with applicable standards of COMM 83 and has been enrolled in the POWTS maintenance program; (2) where construction plans clearly indicate that the proposed addition cannot be converted to additional bedrooms and would not otherwise increase the number of inhabitants or intensity of use of the structure. Section 14.4 Maintenance. Reconnection of an existing system other than a holding tank will require that the property be entered in the POWTS maintenance program. Section 14.5 Tank Collapse or Repair. If a treatment tank has failed or collapsed, or if an absorption area has failed, the complete POWTS must be evaluated for compliance with this ordinance prior to permit issuance and reconstruction. Evaluation of drain fields or seepage pits will require a soil boring be done to verify compliance with setback to limiting factors. Section 14.6 Evaluation. All system evaluations required by Section 14.2 shall comply with the following standards: (1) Existing sanitary permits and soil test information on file shall be examined for reliability. (2) If there is not adequate or reliable soils information on file with the County, a soil boring(s) shall be completed by a Certified Soil Tester to determine if there are 15

suitable soils for the system in use and to identify a replacement area if there is not one available. This information shall be reported to the issuing agent, which shall review the report and verify the soils when considered appropriate. (3) The existing treatment or holding tank shall be pumped and inspected by a licensed pumper to determine the condition and size of the tank and whether it is in good repair. (a) The existing POWTS shall be examined to: 1) Determine the location of the POWTS components to determine that all minimum setbacks of COMM 83 will be maintained. If setbacks cannot be met, a variance from the Department of Commerce is required. 2) Determine, where possible, if the POWTS corresponds to the county s files (when available), and whether it is capable of handling the proposed wastewater load. 3) Determine whether the POWTS is surfacing or has an outfall pipe connected to it thereby creating a nuisance or surface discharge. 4) Determine by examining through the vent whether or not the system is ponded, and to what degree it is ponded and whether the ponding represents a failing POWTS. 5) Ensure that all treatment tank covers installed above grade are installed with locks and warning labels visible or will be covered with soil according to COMM 84.25(7) & (8). 6) If it is not possible, due to inclement weather, frozen soil profiles, or snow cover, to evaluate a system intended for reconnection, an affidavit may be filed with the issuing agent until such time as the site can be evaluated. This affidavit will serve as a substitute for a soil test for a period specified by the issuing agent, not to exceed 120 days. Subsequent failure to obtain a full evaluation will constitute violation of this Ordinance. 16

7) Effluent filters shall be retrofitted on all systems that require a reconnection permit. Section 14.7 Holding Tank Reconnection. Reconnection to an existing holding tank requires an inspection of its location to determine if the minimum setback requirements of COMM 83 will be maintained and to ensure that the entire holding tank is watertight and that tank covers, locking devices, warning labels, and alarm systems are functioning properly. A holding tank servicing contract, which meets the requirements of COMM 83, must be submitted as part of the application for the reconnection, if a current one is not on file. Section 15.0 Section 15.1 POWTS MAINTENANCE PROGRAM Program Notification. The applicant for a Sanitary Permit shall be provided written notice of the requirements of the maintenance program at the time the permit is issued. The records of this notification shall be maintained by the issuing agent. Upon sale of the property the owner shall provide written notification of the maintenance program to the buyer. Section 15.2 Maintenance. Every three years after the installation of a POWTS the owner shall be provided with a certification form by the issuing agent, at least 30 days prior to its due date. All servicing shall be performed by individuals qualified per COMM 83. The certification form must be filled out by the qualified person performing the service. It is the owners responsibility that maintenance be performed and that the certification/report be submitted to the issuing agent. Section 15.3 Reporting Form. The certification form will comply with the maintenance requirements of COMM 83.54(4), and reporting requirements of COMM 83.55(1)(b) and COMM 83.55(2) & (3) as they apply to pre-07/01/00 and post 07/01/00 systems. Section 15.4 Delays. The issuing agent may determine that circumstances such as inclement weather, road weight restrictions or site limitations justify a delay in treatment tank maintenance. Section 16.0 FEES 17

Section 16.1 All fees under this ordinance are established by the Shawano County Planning & Development Ordinances and Service Fee Schedule No. 11-01, adopted on December 19, 2001 and as Amended by Ordinance No. 4-02 on June 26, 2002 and as may be amended from time to time. Fees include a $25.00 WI DNR Groundwater Surcharge and $50.00 Department of Commerce Administration Fee. Section 16.2 Shawano County shall not charge more than one fee for a State or County Sanitary Permit or the renewal of a Sanitary Permit in any twelve- (12) month period unless transferring owners or plumbers. Section 16.3 A copy of each valid State Sanitary Permit, the amount required by the Department and the required Department of Natural Resources groundwater surcharge fee shall be forwarded within 90 days after the permit is issued to the Department of Commerce. Section 17.0 Section 17.1 SEVERABILITY If any section, provision or portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 17.2 The County does not guarantee, warrant, represent or hold itself liable for any defects in plans or any omissions, examination oversight, construction or any damage that may result in or after installation and reserves the right to order changes or additions should conditions arise making this necessary. The County asserts that there is no liability on the part of the County, its agencies or the issuing agent for sanitary problems or structural damages that may occur as a result of reliance upon and conformance with this ordinance. Section 18.0 Section 18.1 VIOLATIONS Violations. The issuing agent shall investigate violations of the POWTS ordinance and S. 254.59(2) of Wisconsin Statutes, issue orders to abate the violations and submit orders to the Corporation Counsel for enforcement. 18

Section 18.2 Notification. Persons in violation of this Ordinance shall be notified by the issuing agent of said violation and any corrective actions needed to abate the violation. If the violation is not corrected by the specified deadline, the issuing agent shall proceed under the enforcement policy adopted by the County Planning and Development Committee. Section 19.0 Section 19.1 PENALTIES Penalties. Any person who fails to comply with the provisions of this Ordinance or who permits the use of any POWTS in violation of this Ordinance shall upon conviction thereof forfeit not more than $200.00 and pay costs of prosecution for each violation. However, parties previously convicted of violation of this ordinance may be subjected to double penalties. Property owners and contractors may be held jointly liable for violations. Default of payment shall result in imprisonment in the Shawano County Jail not to exceed six (6) months. Each day a violation exists or continues shall constitute a separate offense. Violations of this Ordinance are subject to the provisions of Sec. 66.119, Stats. providing for enforcement by citation and a Uniform Deposit and Forfeiture Schedule. The issuing agent may also institute actions or proceedings to enjoin violations of this Ordinance or applicable Wisconsin Statutes, rules or regulations. Section 19.2 Remedial Action. Whenever an order of the issuing agent has not been complied with within the time specified, the Corporation Counsel shall institute appropriate legal action or proceedings to resolve the violation, prevent the use of premises, lands or waters until such order is complied with and may seek appropriate penalties. Section 20.0 APPEALS Appeals. Any person, firm or corporation, or any office, department or board of the County aggrieved by any order, requirement, interpretation or determination by the issuing agent may appeal to the Planning, Development & Zoning Committee within ten (10) days of the notification of the decision or order. The Planning, Development & Zoning Committee shall fix a reasonable time and place for a public hearing on the 19

appeal, give a class 1 notice thereof and give notice by mail to the parties in interest. On a finding of fact the Planning, Development and Zoning Committee may affirm, modify or reverse the decision appealed consistent with the provisions of this ordinance, the statutes of the State of Wisconsin and the appropriate administrative codes. A written decision shall be issued as soon as is practical. Section 21.0 VARIANCES Variances. Upon petition by the applicant, the Board of Adjustment may grant variances from the provisions of this ordinance in the manner provided in Section 29 of the Shawano County Zoning Ordinance No. 102 where, owning to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done. No variance shall be permitted which does not meet minimum Department of Commerce or other State requirements or which will threaten health or safety or cause nuisances. Section 22.0 EFFECTIVE DATE This ordinance shall take effect on January 1, 2003 after passage and publication and shall remain in full force and effect as may be amended from time to time until repealed by the Shawano County Board of Supervisors. DATE OF ADOPTION: December 18, 2002 DATE OF PUBLICATION: December 20, 2002 20