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(1) Systems with Permits Issued as of July 1, 2000. All POWTS shall be managed and maintained in accordance with Comm 83 and 84 of the Wisconsin Administrative Code and this ordinance.

(2) Owner’s Responsibility. The property owner shall report to the County each inspection, maintenance or service event regarding their POWTS pursuant to Comm 83.52 Wisconsin Administrative Code and this ordinance.

(3) Recordable Maintenance Agreement. Every State Sanitary Permit issued for a POWTS shall have a recordable maintenance agreement that runs with the property it serves and shall notify any subsequent owner of their maintenance and management responsibilities for as long as a POWTS serves that particular property. The maintenance agreement shall be drafted by the Kenosha County Department of Planning & Development, Division of County Development and recorded with the Register of Deeds by the owner prior to or at the time of Sanitary Permit issuance. The agreement shall specify that if the owner fails to have the anaerobic treatment tank(s) properly maintained in response to orders from the county and it is necessary to prevent or abate a human health hazard as described in Chapters 254.01(2) and 254.89 Wisconsin Statutes, the County shall take the following action:

(a) The Sanitarian will contact a licensed waste hauler of their choice to provide pumping service and transport of the anaerobic treatment tank contents.

(b) The Sanitarian shall assess the owner of the POWTS for costs related to the pumping of anaerobic treatment tanks in accordance with Chapter 145.20(4) Wisconsin Statutes.

(c) The County may require verification of any information contained in an inspection, maintenance or service report. To complete this process the County may request the assistance of other qualified individuals or agencies to perform the verification process.

(4) Change in Maintenance or Service Contracts. The owner shall submit to the County with proper recording fees any new or revised maintenance agreements or servicing contracts whenever there is a change in the document or the service provider.

(5) Notice to County Prior to Expiration. The owner shall be responsible to notify and provide the County with any new maintenance and/or service contracts prior to expiration of any existing maintenance agreement or service contract.

(6) Change in Service Entity. The owner shall be required to submit to the County any change in service provider or maintenance entity. Notice must be in the form of a completed maintenance agreement or service contract.

(7) Failure to Maintain a POWTS. Any POWTS that is not maintained in accordance with the approved management plans shall be considered a failing private sewage system and a human health hazard and shall be in violation of this ordinance. [Code § 15.06-1, 2018.]