4.04.020 Definitions

(a) "Applicant" shall mean a person who submits an application for a permit for the installation or renovation of a POWTS.

(b) "Board" shall mean the POWTS Board.

(c) "Compliance Order" shall mean an order issued by the POWTS Inspector, which shall provide in detail remedial measures, including a sequence of interim requirements and target dates (for instance actions, operations, or milestone events) that lead to compliance with this Ordinance of a Court Order.

(d) Compliance schedule" shall mean that schedule for meeting interim and final requirements agreed to with the POWTS Inspector or issued through a Court order.

(e) "Department" shall mean the Bad River Natural Resources Department.

(f) "Engineered System" shall mean a system designed outside the defined parameters of this Ordinance. The engineered system design plans and calculations must demonstrate equivalency to this Ordinance. An engineered system shall require a variance.

(g) "Experimental System" shall have the same meaning as in WAC Comm 83 as referenced by Section 4.04.010F, above.

(h) "Failing System" shall have the same meaning specified under WSA Section 145.245(4).

(i) "Human Habitation" shall mean the occupying of a structure as a dwelling or sleeping place, whether intermittently or as a principal residence.

(j) "Imminent Threat to Public Health or Safety" shall mean situations that pose an immediate or potential threat to public health or safety. Such situations include, but are not limited to: discharge of sewage to the ground surface, surface water or a groundwater source; any system causing sewage backup into a dwelling, or other establishment; or other situation that prohibits the system from functioning as intended and which poses an immediate or potential threat to public health or safety.

(k) "Inspection Certificate" shall mean a certificate issued by the POWTS Inspector, pursuant to Section 4.04.040, below, for the use of a system that has passed an inspection ensuring the POWTS is of adequate size for the premises being served and is functioning properly, and which includes performance standards, time limitations, maintenance requirements, and other conditions as may be required by the POWTS Inspector to evaluate and assure adequate system performance.

(l) "Installation" shall mean the construction or placement of a sewage treatment system on real property.

(m) "Journeyman Plumber" shall mean any person licensed and registered as a Journeyman Plumber in accordance with WSA Section 145.07.

(n) "Maintenance" shall mean such regular inspection and care for the system as may be determined by the POWTS Inspector in order to ensure safe, healthful operation consistent with the intent of this Ordinance.

(o) "Master Plumber" shall mean any person licensed and registered as a Master Plumber in accordance with WSA Section 145.07.

(p) "Non-plumbing Sanitation System" shall mean sanitation systems and devices within the scope of WAC Comm91, which are alternatives to water carried waste plumbing fixtures and drain systems; including, but not limited to, incinerating toilets, composting toilets and privies.

(q) "Non-Tribal member" shall mean someone whose name does not appear on the membership rolls of the Bad River Band and who is not eligible for membership in the Bad River Band.

(r) "Performance Standards" shall mean requirements and conditions applied to the issuance of an Inspection Certificate or Sanitary Permit for the purpose of evaluating system performance. Performance factors may include, but are not necessarily limited to fecal coliform, BOD, flow rates and other related factors designated in the operating permit.

(s) "Performance System" shall mean any individual wastewater treatment system to which performance standards are applied to used to evaluate performance as a condition of an Inspection Certificate or Sanitary Permit.

(t) "Person" shall mean an individual, partnership, firm, corporation, or association, or other legal entity, the state, or any other political subdivision thereof or governmental entity, but not including the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(u) "POWTS Board" shall mean that board appointed by the Tribal Council to initially recommend fees and rates to the Tribal Council, amend and set fees and rates following the initial schedule adoption, establish a Policies and Procedures Manual, and hear appeals of decisions of the POWTS Inspector.

(v) "Plumbing Apprentice" shall mean any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage.

(w) "Private On-Site Wastewater Treatment System" or" POWTS" shall mean a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure (a cluster system), a system serving more than one structure or a system located on a different parcel than the structure. This term also means an alternate sewage system approved by the Department including a substitute for the septic tank or soil absorption field, or a holding tank. A POWTS may be owned by the property owner or by a special purpose district or management entity.

(x) "Privy" shall mean an enclosed non-portable toilet into which non-water-carried human wastes are deposited.

(y) "Privy-pit" shall mean a privy with a subsurface storage chamber which is not watertight.

(z) "Privy-vault" shall mean a privy with a subsurface storage chamber which is watertight.

(aa) "Privy Permit" shall mean a permit that is issued by the POWTS Inspector for the use of a privy system that includes performance standards, time limitations, maintenance requirements, and other conditions as may be required by the POWTS Inspector to evaluate and assure adequate system performance.

(bb) "Property Owner" shall mean any person who has an ownership interest in the premises upon which the system is located and shall include leaseholders and tenants if such leaseholder or tenant is responsible for home maintenance or construction, and shall also include any person in possession of the premises or who holds an ownership interest in any structures served by the system.

(cc) "Rebuilt" shall mean the construction which takes place after a structure being served by the POWTS is demolished or damaged to the extent of fifty percent (50%)or greater of its current equalized assessed value.

(dd) "Registered Learner" shall mean a person, other than a Restricted Plumber Licensee, who is learning a limited type of plumbing and is engaged in assisting a Restricted Plumber Licensee.

(ee) "Renovation" shall mean activity involving the extension, alteration, reconstruction, or repair of a sewage disposal system in whole or in part.

(ff) "Repair" shal mean the repair or replacement of damaged or faulty component part

of a POWTS such that completion of such repair will return the system to its original operable condition.

(gg) "Residential System" shall mean any POWTS serving a private residence.

(hh) "Restricted Plumber Licensee" shall mean any person licensed as a master plumber (restricted) or a journeyman plumber (restricted) under WSA Section 145.14.

(ii) "Sanitary Permit" shall mean a permit issued for the construction, installation repair or modification of an individual septic system by the POWTS Inspector under authority of the Band.

(jj) "Site Evaluator" shall mean any person who conducts an evaluation of a site proposed for a POWTS and who meets the requirements of licensing and certification set forth in Section 4.04.060 of this Ordinance.

(kk) "Soil and Site Evaluation Application" shall mean an application submitted for the purpose of requesting POWTS Inspector verification of a Soil and Site Evaluation Report.

(ll) "Standards" shall mean any POWTS standards as adopted and amended from time to time by the Band.

(mm) "Standard System" shall mean any POWTS which utilizes at least thirty-six inches (36") of soil, natural or imported, and is constructed and sized in accordance with recognized prescriptive standards and Department recommendations.

(nn) "Transfer, sale, or conveyance" shall mean all transfers, sales, or conveyance's of the original owner's or lessee's interest in the buildings, structures or land which is served by a POWTS or upon which a POWTS is located, regardless of form, so long as the owner or lessee is divested of all rights of ownership or leasehold interest, or as exempted by Section 4.04.040.J.5, below.

(oo) "Variance" shall mean any modification or relief from this Ordinance where it is determined that, by reason of exceptional circumstances, the strict enforcement of the provisions of this Ordinance would cause unnecessary hardship as defined in Section 4.04.070 of this Ordinance.

(pp) "Wetlands" shall mean the presence of hydric soils, surface and subsurface hydrology, and hydrophytic vegetation.