15.08.050 Prohibited practices.
(1) Prohibited Activities. It shall be a violation of this chapter to knowingly or unknowingly cause the following infractions:
(a) Refuse or neglect or ignore any lawful order from the Sanitarian or the Department of Planning and Development, Division of County Development.
(b) Construct, install, extend, enlarge, convert, re-connect, structurally alter, disconnect or modify any private sewage system or non-plumbing sanitation system without first obtaining a Sanitary Permit or inquire to the Sanitarian as to whether a permit is required except as stated in this ordinance.
(c) To construct, extend, enlarge, convert, re-connect, structurally alter, modify or attempt to maintain any private sewage system in such a manner that untreated or partially treated sewage enters any surface or subsurface waters; including zones of soil saturation as defined by redoximorphic soil features or discharges onto any ground or other surface.
(d) Continue the construction or alteration/modification of any POWTS or any component thereof after a notice of a possible violation has been issued or written orders have been delivered by the Department of Planning and Development, Division of County Development.
(e) To install a POWTS or use or maintain a private sewage system when public sewer is available to the property.
(f) Construct or to alter, modify or maintain any private sewage disposal system within any area designated as a floodplain in accordance with the official zoning maps of the Kenosha County Department of Planning and Development, Division of County Development and the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance.
(g) To install or permit or direct any individual or company to install, alter or repair any POWTS unless such installer or person acting under their direction or supervision is properly licensed by the State of Wisconsin to install, alter or repair such systems or any plumbing or components of such systems.
(h) To leave exposed unfilled soil and site evaluation pits more than thirty (30) days from the initial fieldwork regardless of a request for a soil on-site evaluation by the County or the Department.
(i) To not remove all soil saturation observation pipe and properly abandon bore holes within sixty (60) days after completion of a soil saturation determination unless specifically extended by the Department or the County.
(j) To fail to submit a complete soil saturation determination report to the Department and County within sixty (60) days of the completion date pursuant to Comm 85 of the Wisconsin Administrative Code.
(k) The removal or mutilation of any “Notice of Possible Violation” placard signed and posted on any premises by the County.
(l) Continue to use any malfunctioning POWTS or non-plumbing sanitation system after issuance of an order by the County unless the owner initiates interim maintenance practices to eleviate any nuisance or human health hazard.
(m) Failure to remove or abate any nuisance within thirty (30) days after receipt of an order from the County.
(n) Failure to proceed and put forth a good faith effort to initiate the replacement of a failing POWTS that has been issued orders by the County.
(o) Fail to have a POWTS or non-plumbing sanitation system inspected or serviced where required by this ordinance or the Wisconsin Administrative Code
(p) Failure to pump and/or service any anaerobic treatment tank, holding tank or pre-treatment component when required to do so by this ordinance or by notice by the County or as a requirement in the management plan of a particular POWTS or by the product manufacturer.
(q) Failure to maintain records or provide proof of pumping or other maintenance records when required to do so by this ordinance or by notice of the County.
(r) To change the use or the occupancy of a premise so as to change wastewater quality and/or quantity discharging to an approved or existing POWTS thus causing that system to be no longer in compliance with the Wisconsin Administrative Code and/or this ordinance.
(s) Failure to report any soil and site evaluation accurately or completely to the best of the ability of the licensed individual.
(t) Failure to report any; existing system evaluation, treatment or holding tank evaluation, maintenance or pumping report accurately and completely to the best of the ability of the licensed individual.
(u) To contract and conduct a service to maintain or pump and/or haul and dispose of waste from a POWTS and do such activities without being properly licensed by the Department and/or the State of Wisconsin where applicable.
(v) Failure of licensed installers to adhere to conditions of approval on a Sanitary Permit, written requests for revisions to plans or notices of non-compliant installations at the time of system inspection or in a written format by the County Sanitarian. [Code § 15.08-5, 2018.]