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(1) Holding Tank Agreements shall be signed by the owner and the County Sanitarian on documents prepared by the Department of Planning and Development, Division of County Development. The agreement shall be recorded with the Register of Deeds prior to or at the time of Sanitary Permit issuance. The owner shall be responsible for all recording fees.

(2) Complete Agreement. Holding Tank Agreements shall include the following:

(a) All necessary requirements in accordance with the 1995 Wisconsin Act 110 and Wisconsin Statutes Chapter 59.

(b) The original document shall be returned to the Department of Planning and Development, Division of County Development.

(c) Owners name and address.

(d) Parcel ID number and date of agreement.

(e) Legal description of the property on which the holding tank and the building it serves is located. If multiple lots or parcels are involved, a parcel combination affidavit may be required to be recorded prior to recording of the holding tank agreement.

(f) Owner agrees to service the tank when liquid level is within one (1) foot of the inlet invert and/or when the alarm is activated.

(g) In the event the owner fails to service the tank, the County has the authority to enter the property to service the tank at the expense of the owner. In the event the owner fails to reimburse the County for all pumping expenses within 30 days, the County can request the charges be placed on the tax bill as a special assessment for services rendered pursuant to 66.0703 Wisconsin Statutes.

(h) The owner agrees to install a water meter if required with a remote reading device with all outside hose bibs by-passed. Installation shall be in compliance with Comm 82 Wisconsin Administrative Code.

(i) The owner agrees to sign a service contract with a person and/or company licensed under Chapter NR 113 Wisconsin Administrative Code to have the holding tank serviced. A copy of the contract must be filed with the County prior to permit issuance. The service contract must be a County drafted document.

(j) The County has the authority to enter upon the property to investigate the condition of a holding tank or to read a meter when there appears to be a discrepancy in a pumping report or when a complaint has been filed alleging improper sewage disposal.

(k) The agreement is null and void when the property is served by municipal sewer or a POWTS disposal system. The County will provide a recordable document when requested by the owner to cancel the agreement thus clearing the title index of the deed.

(l) The owner is responsible to maintain the service riser height of the holding tank to a minimum of four (4) inches above surrounding grade.

(m) The owner agrees to pump the holding tank when liquid levels are within one (1) foot of the invert elevation of the inlet. The highwater alarm shall be set at this same elevation. The owner is still responsible to pump in the event the highwater alarm system malfunctions.

(n) The owner will be subject to citations if it is discovered that the holding tank has been altered or sewage has been by-passed from the holding tank system or from the structure it serves or if the owner allows sewage overflow from the tank or is mechanically removed. Each day of discovery will constitute another citation.

(3) Pumping Reports. As required for each holding tank whose Sanitary Permit was issued on or after July 1, 1980. In lieu of the reporting requirements as stated in Comm. 83.55, Wisconsin Administrative Code, the owner or his contracted agent responsible for servicing the holding tank shall submit to the County an annual report that includes the following:

(a) Name and address of the company responsible for servicing the holding tank.

(b) Name and address of the holding tank and property owner.

(c) Address of property where the holding tank is located.

(d) Sanitary Permit number

(e) Dates on which the holding tank was serviced.

(f) Volumes in gallons of the contents pumped from the holding tank for each service date.

(g) Disposal site to which the contents from the holding tank were delivered.

(h) Signature of the property owner and the contracted licensed wastehauler.

(i) Statement of the POWTS condition including but not limited to: tank condition, alarm operable, manhole lids secure and locked, vent condition, any signs of deterioration or alteration, etc.

(j) License certification or registration number of the individuals performing the inspection, maintenance or servicing.

(k) Any additional information as requested by the Sanitarian.

(4) Pumping Records of all Holding Tanks. All existing holding tanks located in Kenosha County shall be subject to further investigation in the event the owner or their agent cannot provide satisfactory information on pumping and maintenance when requested by the County Sanitarian.

(5) Investigations of Existing Holding Tanks. Investigations may be prompted by the Sanitarian in the event that the annual pumping report is showing a non-typical pumping frequency for the occupancy of a particular structure based on national averages of wastewater generation or a discrepancy in pumping records and/or water meter readings. Upon investigation by the Sanitarian the following conditions will be considered a human health hazard and a violation of this ordinance if any one situation exists concerning the condition and maintenance of a holding tank:

(a) The holding tank is no longer water tight and shows signs of deterioration.

(b) The owner cannot provide proof of maintenance pumping that would be typical of wastewater flows for that particular household or building based on national averages.

(c) Any overflow of sewage out of a holding tank riser manhole, a service suction line, electrical conduit or any other hole or opening in the tank.

(d) Any connection of wastewater conveyance pipe other than building sewer that allows sewage to discharge from the tank on to or into the soil or to ground or surface waters. This includes any corrugated tile or perforated drain tile connected to or installed adjacent to an existing holding tank for purposes of conveying sewage.

(e) Upon discovery of any mechanical device placed in or adjacent to a holding tank or any evidence that would imply that a device was used to pump or discharge sewage from a holding tank that is not part of a previously approved method of discharge by the Department of Commerce or Department of Natural Resources.

(f) Any holding tank that allows sewage to leak from the tank or takes on groundwater during saturated conditions.

(g) The by-passing of any wastewater via pipe, pump or manual removal from the structure and disposed of improperly by definition of this ordinance or the Wisconsin Administrative Code that is required to discharge to a holding tank system.

(h) The Sanitarian may request pumping records for holding tanks installed prior to July 1, 1980 from the property owners to verify a pumping history. The owner shall be responsible for providing the requested records within 30 days of the written request. Failure to provide records within the period of time stated will be a violation of this ordinance and the owner may be subject to a citation for failure to submit a maintenance report.

(6) Corrections and/or Replacements of Existing Holding Tanks. Dependent on the findings of the Sanitarian, an existing tank may need replacement and/or the plumbing that serves the structure as well as the connection to the holding tank may need replacement. The following are compliance options the Sanitarian may require:

(a) The holding tank is deteriorated beyond repair or has been altered by the current or former owner. The tank must be replaced in accordance with all soil and site evaluations and system procedures as stated in this ordinance and the Wisconsin Administrative Code.

(b) The holding tank can be repaired to meet compliance with Comm. 83, Wisconsin Administrative Code and be continued to be used by the owner. The Sanitarian may require modifications to the existing holding tank system to insure future compliance with this ordinance which may include but shall not be limited to:

1. Establishment of a water meter and remote reading device to be placed on the structure’s water supply system with the outside hose bibs by-passed.

a. Water meter installation, meter maintenance and all material cost shall be the responsibility of the property owner.

b. The water meter shall be installed and functional within 60 days of notice by the Sanitarian.

c. The owner shall report to the Sanitarian on forms provided by the County monthly water meter readings by the seventh (7th) day of each month.

d. Failure to report meter readings on time shall constitute a violation and shall be treated as a failure to submit a maintenance report as stated in this ordinance. A citation may be issued for this infraction.

2. Extending the height of the manhole riser to one (1) foot above the elevation of the lowest fixture of the floor level closest to ground level in the structure it serves.

3. Complete removal of all piping used to discharge sewage and/or wastewater out of the holding tank or to by-pass the holding tank within a structure and also it’s outdoor piping network. Removal of any pumps and electrical wiring, siphons or manually operated devices used to improperly remove wastewater from the holding tank or used to by-pass sewage from disposal to the holding tank. [Code § 15.06-4, 2018.]