4.04.030 General Requirements

(a) Structure Applicability. All structures or premises within the exterior boundaries of the Bad River Reservation that are permanently or intermittently intended for human habitation or occupancy, whether private residential, institutional, or commercial, which are not serviced by a public wastewater treatment system, shall have a system for holding or treatment and dispersal of sewage and wastewater which complies with the provisions of this Ordinance.

(b) Treatment. No building structures, area or premises shall be constructed or maintained for human occupancy, use or assembly without adequate facilities for sanitary and safe treatment and disposal of all human excreta, sewage and all liquid waste that could offer a hazard to the public or create objectionable nuisance conditions.

(c) Dispersal. Regardless of the type of treatment technology used, all sewage must be dispersed below grade in such a matter as to allow no sewage discharge to the ground surface or otherwise create an imminent health threat.

(d) Capacity. POWTS shall be designed to receive all sewage from the dwelling(s) or other establishment(s) served by the system, including laundry waste and basement floor drainage. Surface water, roof drainage, water softener, back flush water, spa/swimming pool water, foundation drainage, and other storm water shall not be allowed to enter any part of the system.

(e) Applicability. The requirements of this Ordinance shall apply to all land within the exterior boundaries of the Bad River Reservation.

(f) Limitations.

(1) All commercial, institutional, and domestic wastewater shall enter a private or public sewage system unless otherwise exempted by the Band through this Ordinance.

(2) A non-plumbing sanitation system may be permitted when the structure or premises served by the non-plumbing sanitation system is not provided with an indoor plumbing system. If plumbing is installed in the structure or water under pressure is supplied to the structure, an acceptable method of sewage disposal other than, or in addition to, a non-plumbing sanitation system must be provided.

(3) A holding tank may be used as a POWTS unless soil and site conditions allow the installation of any of the following POWTS components:

(A) At Grade

(B) In ground non-pressurized system

(D) Mound system

(E) Pretreatment Systems

(F) Alternative Systems

(G) Variance Systems

(H) Engineered Systems.

(4) A thorough soil and site evaluation shall be completed in all areas in order to comply with Section 4.04.040.C.

(g) Expansion. Where it can reasonably be anticipated that the construction of additional structures, dwellings, or bedrooms, or the installation of additional equipment or services will affect the operation of the existing system, a new system shall be installed or a renovation of the existing system shall comply with the applicable requirements for such additional needs.

(h) Replacement Area. All occupied properties shall provide and maintain sufficient undisturbed land area to allow for the replacement of a wastewater treatment system serving any structures, dwellings, or premises on the parcel. This area must meet, or exceed, the minimum site requirements for the treatment and disposal of the wastewater generated. A mound and an at grade system may be considered their own replacement area if no other area is available on the parcel to retain for future use.

(i) Proximity to Public Sewer. No POWTS or other means of sewage or excreta disposal shall be maintained or used on property located adjacent to a sewer main for a public wastewater treatment system or in a block through which such system is extended. Exception to this prohibition shall only be granted in accordance with Chapter 4.03, Bad River Utilities Ordinance.

(j) Location. All on-site sewage systems shall be located wholly upon the property served, except as specifically approved by the POWTS Inspector and included as a condition of the permit. A valid recorded easement shall exist for any part of the system not wholly located upon the property served. Such easement shall allow for access by the POWTS Inspector and other enforcement and maintenance personnel.

(k) Maintenance. It shall be the responsibility of the owner of any premises using a POWTS, Engineered or Experimental System, holding tank, privy or non-plumbing system to provide for the periodic maintenance of such system as necessary to assure adequate function. See Section 4.04.090 for Maintenance Program Requirements. Failure to maintain shall result in civil fine or forfeiture.

(l) Correction: Ineffective Systems. When the POWTS Inspector, based upon inspection, determines any individual sewage treatment system, whether a POWTS, Engineered or Experimental System, holding tank, privy or non-plumbing system, is not operating in an approved manner and is in need of correction, he/she shall notify the owner in writing, through issuance of a compliance order, that the problem shall be corrected within a period of time as defined by the POWTS Inspector. Further, the POWTS Inspector may, upon failure of an individual to follow the compliance order, enter such property, upon authority of the Band, for the purpose of proper closure, restoration or cleanup of pollution as stated in the compliance order.

(m) New Systems in Conjunction with Old Systems. A new code compliant POWTS may be used in conjunction with an existing POWTS in an alternating configuration if the existing POWTS is code compliant and if the piping configuration is such that each system may be used independently and the homeowner is able to alternate between each system.

(n) Repair of POWTS. No permit is required for system repair if the repair does not alter the original are, dimensions, or concept of the system. However, written notice of any repair is required to be sent to the POWTS Inspector within ten (10) days of the repair completion.

(o) Failing Systems. Failing systems shall be brought into compliance within the period of time required by the POWTS Inspector's order. In the case of an imminent public health threat, abatement of the threat must be accomplished within ten (10) days of notification. Pump and haul may be required at the discretion of the POWTS Inspector, including in cases of ponding.

(p) Provisional Permit. Where weather or other conditions prevent permanent correction of an imminent public health threat within 60 days or abatement within 10 days, a provisional permit for a temporary holding tank or other method of treatment may be issued, including the use of an existing tank if such tank is in sound condition. The length of the provisional permit shall not exceed 150 days.

(q) Abandonment of Private Sewage Systems.

(1) When public sewers approved by the Band become available to the structure or premises served, in accordance with Chapter 4.03 of the Tribal Code, the private sewage system shall be disconnected within one year and a connection made to the public sewer. The POWTS Inspector shall determine whether the sewer is available. Abandonment of the disconnected private sewage system shall be done in accordance with this Ordinance and the provisions of WAC Comm 83.

(2) The components of an existing private sewage system that are not part of the approved design of a replacement system shall be abandoned at the time of installation of the replacement system by the plumber installing the new system. The abandonment shall comply with this Ordinance and provisions of WAC Comm. 83.

(3) The POWTS Inspector may impose additional requirements for individual sites which may not be abandoned satisfactorily under the provisions of WAC Comm 83.

(4) Previously abandoned POWTS shall be confirmed by the POWTS Inspector to have been abandoned in conformance with this Ordinance, or, if not in conformance, shall be properly abandoned within one of the enactment of this Ordinance. Owners shall bear all costs of abandonment.

(r) Privy Permits and Abandonment of Privies.

It is the policy of the Bad River Tribe to discourage the use of privies, whether pit or vault privies.

(1) A privy shall be permitted only when the structure or premises served by the privy is not served by an indoor plumbing system. If plumbing is installed in the structure or water under pressure is supplied to the structure, an acceptable method of sewage disposal other than a privy must be provided. All privies must meet the requirements of WAC Comm 91.

(2) Existing and new privies must be permitted by the POWTS Inspector. Owners of privies in existence at the time of enactment of this Ordinance must apply for, comply with all requirements of this Ordinance for privies, and receive a privy permit within one year of the date of enactment of this Ordinance. Owners intending to construct a privy must obtain a permit prior to beginning any construction.

(3) Applications for privy permits shall be on forms supplied by the POWTS Inspector and shall contain all information required by the POWTS Inspector, including, but not limited to, a Soil and Site Evaluation Report and an abandonment plan. Permits and applications shall generally follow the requirements for POWTS permits in this Ordinance. Applicants must pay a permit application fee, as stated in Exhibit A, at the time of submission of the application. There shall be no refunds of application fees for retracted, deficient, or denied applications.

(4) Permits shall be valid for a period of one (1) year from the date of issuance. Permit holders must renew privy permits yearly and pay a yearly privy fee, allow for yearly inspection of the privy by the POWTS Inspector or his or her designee, and provide such tests as are required by the POWTS Inspector to ensure the health and safety of the Reservation residents and resources are protected. The POWTS Inspector may refuse to renew a permit and require proper abandonment or repair of a privy where the system does not meet minimum requirements for the protection of health and safety and the environment.

(5) Abandonment. Privies shall be abandoned in accordance with WAC Comm 91.