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(1) Domestic Wastewater. All domestic wastewater shall enter a private sewage system unless otherwise exempted by the Wisconsin Administrative Code or this ordinance.

(2) Non-Plumbing Sanitation Systems. A non-plumbing sanitation system may be permitted only when the structure or premises is a recreational use or agricultural use and is not provided with an indoor plumbing system. If plumbing is provided in the structure or a water supply into the structure, an acceptable method of sewage disposal other than or in addition to, a non-plumbing sanitation system must be provided.

(3) Structures for Human Habitation. In structures intended for human habitation or occupancy that are connected to a water supply and which have plumbing fixtures, at least one (1) water closet shall be provided then and only then can sanitary facilities approved under Comm. 91, Wisconsin Administrative Code be installed.

(4) Vault Privies. Vault privies are only permitted for recreational uses by a County Sanitary Permit. They shall not be used in association with habitable structures of any kind. They shall be constructed and located in accordance with Comm.52.63 and Comm.91 and shall be maintained in compliance of NR 113, Wisconsin Administrative Code.

(5) Pit Privies. Pit privies are prohibited in Kenosha County. Existing privies shall be considered non-compliant and a health hazard unless they can meet a minimum of 3-feet of separation to a soil limiting factor as defined in Comm.85, Wisconsin Administrative Code and they meet all setbacks stated in Comm.52.63, Wisconsin Administrative Code.

(6) Floodplains. All POWTS or portions thereof installed in a floodplain shall comply with all applicable requirements of NR 116, Wisconsin Administrative Code and Chapter 12 of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. Holding tanks are permitted as a replacement system in a floodplain and must be fully floodproofed in accordance with the Wisconsin Administrative Code.

(7) Holding Tank Limitations.

(a) No holding tanks shall serve parcels divided or platted after the effective date of this ordinance except where they are a last resort replacement system.

(b) Holding tanks are a last resort system for a new development parcel established prior to this ordinance.

(c) Installation of a holding tank is prohibited as a replacement system for an existing dwelling if at least an A+4 mound design system may be located on the property except as provided in Section 15.02-2(7)(f)5 of this ordinance.

(d) Holding tanks shall not be the designated replacement system in a contingency plan for a new development parcel after the effective date of this ordinance.

(e) All contingency plans being part of a management plan of a POWTS installation shall not include the use of a holding tank as its replacement system unless the property is being served by a holding tank with a permit issued after the effective date of this ordinance or a soil test documents unsuitable soils and no possible replacement area or system options.

(f) Exceptions to uses of holding tanks:

1. Commercial, industrial, business and all other non-residential uses regardless of when the parcels were created or whether it is a replacement or new development system may use a holding tank as a system of choice.

2. Business establishments producing high strength wastes (BOD >220mg/l,TSS>150mg/l and fats, oils and grease > 30mg/l) may be able to utilize a holding tank as a system of choice. The owner may need to provide acceptable accredited lab analysis to document the request.

3. Non-residential uses where the daily calculated wastewater flow will be less than or equal to 150 gallons per day. The property owner shall sign and record a document provided by the County stating that if there is a change in occupancy or an increase in wastewater flow that exceeds 150 gallons per day the owner will install an on-site disposal system. The building must be equipped to monitor this flow by having a water meter installed with a remote reading device and all outside hosebibs by-passed. Average daily flow using water meter readings will be used to determine daily flow.

4. Non-residential seasonal uses such as, but not limited to: pavilions, festival grounds, fairgrounds, race tracks, golf courses and amusement parks may use holding tanks as a system of choice.

5. Replacement systems whose owner prefers a holding tank in lieu of installing a POWTS on in-situ soils that meet at least the A+4 criteria can request the use of a holding tank. If approved by the Sanitarian, the owner shall sign an affidavit of use drafted by the County which will be recorded with the Register of Deeds. The owner will be required to pay a special Sanitary Permit Fee as determined in Attachment “A” of this ordinance.

(g) Temporary Holding Tanks may be installed to serve a structure in the event sewer is proposed but not available to the property at the time a building permit is being issued and it is the intent of the owner to occupy the building before a sewer connection is possible. Temporary holding tanks may also be used when a failed system is being replaced where sewer is proposed but not available. Prior to the approval of a holding tank the owner or agent will be required to provide the following documents to the County:

1. A letter from the existing sanitary district, municipal sewer district or municipality proposing the sanitary district confirming the future availability of sewer to the parcel in question and that connection will occur within two (2) years of the date of issuance of the Sanitary permit for the holding tank.

2. If connection to sewer requires annexation to a particular municipality, the owner must provide a letter from the municipality acknowledging the application to annex has been filed.

3. Written statement must be provided from the DNR verifying approval of the sewer project.

4. The property owner shall record with the Register of Deeds a temporary holding tank agreement and an affidavit prepared by the County stating that the owner or any future assignees will connect to public sewer when it becomes available and that they will properly abandon the holding tanks at the time of sewer connection. If sewer does not become available within the two (2) year timetable and the municipality cannot provide documentation of a new availability date. The owner shall agree to install a code-compliant POWTS with a dispersal cell thus replacing the holding tank.

(h) Private sewage dispersal systems that have a valid sanitary permit and cannot be installed because of inclimate weather or soil conditions may be permitted to use their treatment tanks as temporary holding tanks provided the temporary use of these tanks will not exceed one (1) year from the time the tanks were installed. The owner or their agent must provide the following documents to the County:

1. A temporary holding tank agreement signed by the owner and prepared by the County.

2. A letter from the installing plumber committing an approximate date in which the remainder of the POWTS will be completed, operational and ready for inspection.

3. Installation of the treatment tanks to be used as temporary holding tanks must be installed per holding tank specifications. Temporary holding tank use may require approval from the Department of Commerce or their agent.

(8) Failing Systems.

(a) When a failing private sewage system or non-plumbing sanitation system is identified and documented by the Sanitarian, the owner shall bring the system into compliance with current Administrative and County Codes by discontinuing the use of the failed system and replacing it with a code compliant POWTS within the time period required by the County enforcement order.

(b) Unlawfully modified private sewage systems or a private sewage system that has sewage by-passed or a holding tank which is discharging untreated or partially treated sewage into the ground, ground surface or surface waters of the state may be ordered by the County to be corrected or replaced with a code compliant system. [Code § 15.02-2, 2018.]