CHAPTER 34 - - SEWAGE DISPOSAL
34.1 SECTION 1: PURPOSE AND JURIDICTION
Purpose. This ordinance is designed to regulate the location, construction, design and use of all sewage systems referenced within this ordinance to protect the health of the residents of the Red Cliff reservation, to prevent the spread of disease and pestilence, and to promote the welfare of the Red Cliff community by ensuring the appropriate Use and conservation of the limited land and water resources on the Red Cliff reservation.
Jurisdiction. This ordinance shall apply to all land located within the boundaries of the Red Cliff reservation.
34.2 SECTION 2: DEFINITIONS
For purposes of this ordinance, the following definitions shall apply:
"Conventional System" means a system that employs either gravity flow or pumping from the septic or other treatment tank and applies effluent to the soil through the use of a seepage trench, bed or pit.
"Effluent" means liquid discharge from a septic or other treatment tank.
34.2.3 "Holding Tank" means a self-contained, watertight tank(s) which receives and stores sewage for pumping and transfer for proper disposal, and which has no outlet .
"In-ground Individual Waste Disposal System" includes conventional and mound systems as defined herein. See definition of "Private Sewage System."
"Mound System" means an alternative sewage disposal system used on sites not meeting the criteria for conventional private sewage systems, but within the criteria established by this ordinance for mound systems .
"Percolation Rate" is synonymous with permeability and means the ease with which liquids move through the soil.
"Percolation Test" means the method specified in Wis. Admin. Code sec. ILHR 83.09(5) of testing absorption qualities of the soil.
"Private Sewage System" means a sewage treatment and disposal system serving a single structure with a septic tank and a soil absorption field located on the same parcel as the structure, or an alternative sewage system approved by the Red Cliff Utilities Department including a substitute for a septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure; and may be owned by the property owner or by a special purpose district.
"Privy" means a structure that is not connected to a plumbing system and which is used for the deposition of human body wastes.
"Seepage bed" means an excavated area larger than 5 feet in width which contains a bedding of aggregate and has more than one distribution line.
"Seepage pit" means an underground receptacle so constructed as to permit disposal of effluent or clear wastes by soil absorption through its floor and walls.
"Seepage trench" means an area excavated one to 5 feet in width which contains a bedding of aggregate and a
single distribution line.
"Septic Tank" means a watertight tank which receives sewage and by bacterial action and sedimentation, effects a process of clarification and decomposition of solids.
"Sewage" means the liquid and water carried wastes created in and to be conducted away from residences, industrial establishments and public buildings.
34.3 SECTION 3: GENERAL REQUIREMENTS
No building intended for human use or occupancy shall be erected, structurally altered, or relocated, unless provisions are made and permits obtained for safe and adequate sanitary facilities in accordance with the applicable requirements of this Ordinance and other applicable state and local regulations.
All plumbing fixtures shall be connected to a public sanitary sewer system where available within one year after the public sewer becomes available. Where such public sewer system is not available, private sewage systems may be used, provided that they meet the requirements of this Chapter.
Sludge, scum, effluent and all other products of human wastes shall be disposed of in a manner not to create a nuisance or a menace to public health. Such disposal shall comply with Red Cliff Code of Laws, Chapter 12, and with other applicable state and local regulations.
There shall be no sewage disposal whatsoever within 100 feet of any marsh or swamp area or within 150 feet of any stream or navigable waterway, any other provision of this ordinance notwithstanding.
34.4 SECTION 4: PERMITS
Applicants shall submit a completed approved sanitary sewage disposal application to the Red Cliff Utilities Department, who shall review the certified Soil Testers reports (percolation tests) for the proposed site, and verify said report(s), if deemed necessary.
The Red Cliff Utilities Department shall review all sanitary sewage disposal applications submitted for permit on all proposed private sewage systems and inform the applicant of the decision made on their application within a reasonable time.
The Red Cliff Utilities Department shall issue written notice to each applicant whose sanitary permit application is disapproved stating that specific reasons for disapproval and amendments which could be made to render the application approvable.
Work on a structure or use requiring a private sewage system shall not begin until a sanitary permit has been issued.
No persons may install a private sewage system unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit .
A sanitary permit is valid for two years from the date of issuance and renewable for similar periods thereafter .
A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the Red Cliff Utilities Department.
An application to erect, alter or relocate a privy or holding tank shall be filed with the Red Cliff Utilities Department prior to commencing construction activity .
No person may install a privy or holding tank unless the owner of the property on which the structure is to be installed holds a valid sanitary permit.
A permit for a privy or holding tank shall be valid for one (1) year from the date of issuance.
34.5 SECTION 5: PRIVATE SEWAGE SYSTEMS
For purposes of determining which private sewage system best meets the purposes of section 34.1 of this ordinance, and, therefore, will be required until the public sewage system is available, the standards set forth in Wis. Admin. Code sec. ILHR 83 shall apply, except that references to State and County monitoring, review, enforcement and the like shall be inapplicable, and the Red Cliff Utilities Department shall be responsible for all such functions.
Consistent with Wis. Admin. Code sec. ILHR 83, a variance may be granted upon petition to the Red Cliff Utilities Department where soils do not meet the criteria specified by sec. 34.5.1 for the particular system in question. The decision made by the Red Cliff Utilities Department on whether to grant a variance shall be final.
Nothing in this section shall prohibit the Red Cliff Utilities Department from proceeding consistent with Indian Health Service requirements where they are less restrictive than the provisions of ILHR 83.
The Red Cliff Utilities Department shall inspect all private sewage systems after construction, but before backfill ing.
The Red Cliff Utilities Department shall investigate all violations or suspected violations of this ordinance, and shall issue citations where appropriate.
- The Red Cliff Utilities Department shall have all the powers necessary to enforce the provisions of this ordinance including the following:
(a) Access, with the consent of the property owner or his agent, to any structure or premise during regular business hours for the purpose of performing assigned duties.
(b) Prohibit the use of any new sanitary facility until that facility has been inspected and approved .
(c) Order any person, firm or corporation owning, using, operating or installing any sanitary facility to modify, repair, or place in safe and sanitary condition such system found to be contrary to the terms of this Ordinance.
(d) Recommend to the Tribal Council any additional sanitary measures deemed necessary.
(e) Cause abatement of any sanitary facility found to be constructed, operated, or maintained as to be a menace to the health of the community.
(f) Enforce all rules required and perform all duties directed by the tribal council.
34.6 SECTION 6: PRIVIES AND HOLDING TANKS
The installation and use of privies and holding tanks within the boundaries of the Red Cliff reservation is prohibited unless all other private and public sewage disposal systems are inappropriate or unavailable.
Privies are prohibited for structures which are provided with indoor plumbing as defined in Wis. Admin. Code sec. H.62. In structures served by a privy, indoor plumbing (including, but not limited to water closets, sinks, bathtubs or showers, laundry facilities and any fixture or receptacle receiving domestic waste) shall not be installed until a sanitary permit for a private sewage system is issued.
All privies and holding tanks shall be maintained in a clean and sanitary condition.
- Prior to the installation of a holding tank, the following requirements must be met in addition to any other restrictions imposed by this ordinance and any other applicable law:
(a) all plans, including detailed technical data, must be submitted to the Red Cliff Utilities Department for their approval prior to any construction or site preparation;
(b) the applicant must obtain an approved servicing contract with a state-licensed pumper and file the same with the Red Cliff Utilities Department;
(c) the applicant must enter into a holding tank agreement with the Red Cliff Utilities Department; and
(d) the applicant must include in its plans an on-site alarm and monitoring system and effectively install and activate the same before utilizing his/her holding tank. Said monitoring system must be active and effective at all times.
34.7 SECTION 7: PUBLIC SEWAGE SYSTEM
Except as otherwise provided, the Red Cliff Utilities Department shall be responsible for the maintenance of the public sewage system on the Red Cliff reservation. Individuals and others who wish to have the public sewage system extended to their site shall comply with the provisions of this section and with the requirements of the Red Cliff Department.
Sewer and water lines shall be the responsibility of the landowner/lessee to the point at which said lines connect with the public sewage and water system; thereafter, said lines are the responsibility of the Red Cliff Utilities department.
Individuals and others who have the public sewage system extended to their site shall maintain a minimum distance of ten (10) feet between the water and sewer lines.
Nothing in this section shall operate as a restriction or otherwise limit the authority of the Red Cliff Utilities Department to (a) prescribe the manner or method of installation of sewage and water services, or (b) place conditions upon landowner/lessees which must be met prior to the extension of such services.
34.8 SECTION 8: FEES
The fee for a sanitary sewage permit for the installation of a private sewage system shall be $25.00.
The fee for the transfer of a sanitary sewage permit shall be $10.00.
The fee for the return inspection for the installation of any private sewage system shall be $10.00.
The fee for a site evaluation where no permit is issued shall be $10.00.
There shall be no more than one fee charged for a sanitary sewage permit, return inspection or renewal of a sanitary sewage permit in any one twelve (12) month period.
34.9 SECTION 9: PENALTIES
Any person, firm, corporation, or other association of individuals found guilty of violating any provision of this ordinance shall forfeit not less than $50.00 nor more than $5000.00, plus costs of any compliance required to rectify the violation. Each day of violation shall constitute a separate offense.
34.10 SECTION 10: MISCELLANEOUS PROVISIONS
If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
This Ordinance shall not be construed as assuming any liability on the part of the tribe, or any officer or employee thereof, for any problems or damages which may occur as a result of reliance upon and conformance with this Ordinance.
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the tribe and shall not be deemed a limitation or repeal of any power granted by the tribal council.
The tribe, by adoption of this Ordinance, does not waive its sovereign immunity in any respect.