4.04.040 Inspection Certificates, Permits and Applications

(a) Inspection Certificate. All private wastewater treatments systems, whether a POWTS, Engineered or Experimental system, holding tank, privy or non-plumbing system, whether newly constructed or existing, must have a current Inspection Certificate issued by the POWTS Inspector.

(1) Inspection Certificates shall be issued to owners of POWTS and other systems which have been inspected by the POWTS Inspector and have been found to be of adequate size, meet all Performance Standards, and function properly.

(2) POWTS and other systems not meeting such criteria shall not receive an Inspection Certificate and are subject to a Compliance Schedule Agreement or Compliance Order.

(3) Inspection Certificates shall initially be valid for a period of one (1) to three (3) years based upon an inspection schedule determined by the POWTS Inspector and POWTS Board, to allow for a rotating schedule of inspection. Thereafter, Inspection Certificates shall be valid for a period of three (3) years from the date of renewal if the system passes inspection and the Inspection Certificate is not suspended or revoked.

(4) The POWTS Inspector may enter the property at any reasonable time to inspect the system to ensure the POWTS is functioning properly or to investigate the adequacy of the system.

(5) The POWTS Inspector may suspend or revoke any Inspection Certificate upon a finding of system failure or inadequacy.

(b) Requirement. No person shall construct, install, renovate or use any type of individual sewage treatment system within the Bad River Reservation without first obtaining the required permit or permits from the POWTS Inspector applicable to the specific activity to be undertaken. All construction permits issued shall expire within 24 months after the date of issue. Permits are not transferable from one site to another. No system permit of any type shall be issued except following compliance with the provisions contained herein.

(1) Soil, site evaluations and design plans shall be complete prior to the issuance of permits as specified in this Ordinance, in compliance with WAC Comm 83, 85 and 91.

(2) Soil test pits shall be constructed which allow adequate visual observation, in the opinion of the POWTS Inspector, of the soil profile in place.

(3) Thee must be verification of the Soil and Site Evaluation Report by the POWTS Inspector. This will be done prior to the issuance of a sanitary permit. Verification may result in the following:

(A) Issuance of the permit, provided all information on the application, plans and calculations are correct and complete and the site otherwise meets all provisions of this Ordinance;

(B) Establishment of a file indicating site suitability;

(C) Holding the application pending clarification of information or new information by the owner, the plumber, or the certified soil tester; or

(D) Denial of the permit if the site does not meet all the provisions of this Ordinance.

(4) The POWTS Inspector may request verification of a Soil and Site Evaluation Report by a certified soil tester before a complete sanitary permit application is submitted. Application for this verification shall contain all information required in this section.H and 406.4.1 on forms provided by the POWTS Inspector, the original copy of the Soil and Site Evaluation Report and as many copies as are required by the POWTS Inspector.

(d) Sanitary Permits

(1) Every instance of construction, installation, repair or modification of a private sewage system shall require a separate application and sanitary permit immediately upon enactment of this Ordinance, unless otherwise exempted by this Ordinance. A sanitary permit shall be obtained by the property owner, prior to the installation, establishment or construction of any structure which requires a private sewage system. Any property owner, his agent or contractor, who starts construction prior to obtaining a sanitary permit is in violation and may be subject to citation or other enforcement action.

(2) A sanitary permit shall be obtained by the property owner, except as permitted in Section 4.04.030.N, before any private sewage system or part thereof may be installed, replaced, repaired, reconnected or modified.

(3) If any part of a private sewage system has failed or requires replacement or modification, the entire system shall be evaluated for compliance with existing Codes and Ordinances prior to sanitary permit issuance.

(4) If any part of the system is found to be defective or not in conformance with the applicable provisions of this Ordinance, the sanitary permit application shall include specifications for the repair, renovation, replacement or removal of that part, except as exempted by Section 4.04.030.N.

(5) All sanitary applications and soil and site evaluations must be submitted to the POWTS Inspector's office. The applications must be original documents and written in ink.

(e) Permit Expiration.

(1) A sanitary permit for a private sewage or non-plumbing sanitation system which has not been installed, modified, or reconnected and approved shall expire two years after the date of issuance. Permits may be renewed following written application to the POWTS Inspector by the property owner, his agent or contractor, prior to the expiration date of the original permit.

(2) There shall be a fee for renewal of a sanitary permit.

(3) The renewal shall be based on Ordinance requirements in force at the time of renewal.

(4) Changed Ordinance requirements may impede or prohibit the renewal.

(5) The property owner shall return the original permit prior to receiving a renewal permit.

(6) All sanitary permits issued prior tot he effective date of this Ordinance shall expire two years from the date of issuance unless renewed.

(7) A new sanitary permit shall be obtained by the owner or his agent prior to beginning construction if a sanitary permit has expired.

(f) Permit Denial. When applicable provisions of this Ordinance have not been complied with when applying for a sanitary permit, or if the system will not meet the standards of this Ordinance, the permit shall be denied. Reasons for the denial shall be forwarded to the plumber, landowner and when appropriate the POWTS Board or Bad River Tribal Council. The POWTS Inspector must approve or deny a permit, or request additional information or clarification, within thirty (30) days of receipt of the permit application.

(g) Permit Fees. The Fee Schedule shall be set initially by the Bad River Tribal Council upon enactment of this Ordinance. Thereafter, the POWTS Board shall have the sole authority to amend rates and fees. The Fee Schedule shall be attached to this chapter as Exhibit A. There shall be no refunds of application fees for retracted, deficient, or denied applications.

(h) Application Requirements.

(1) A Soil and Site Evaluation Report.

(2) Work on existing systems shall require a report by a licensed plumber relative to the condition and capacities of all other system components, and other systems on the parcel.

(3) Work on existing systems shall require a report by POWTS Inspector stating that the new system will relieve the problems of the old, now failing, system.

(4) The application shall also include the following:

(A) Legal description, lot dimensions and driving directions to the proposed site;

(B) Name and address of property owners and of persons performing the permit activity;

(D) Sketch of the proposed system;

(E) Description of water supply, well depth, proximal location of bedrock and water table when available.

(F) Building use (single family, duplex, etc.); and

(G) Any other information required by the POWTS Inspector.

(5) Each permit application shall be kept on file with any permit issued pursuant to this Ordinance.

(6) The POWTS Inspector shall, at his/her discretion, perform site visits or require additional information as necessary to evaluate or clarify information contained in the permit application with regard to the requirements contained herein.

(i) System Plans. System plans shall be submitted for approval of the POWTS Inspector in accordance with this Ordinance. Plans shall comply with the requirements of this Ordinance, except as otherwise provided.

(1) Plans submitted to the POWTS Inspector shall include the original and as many copies as are required by the POWTS Inspector.

(2) Plans submitted shall be clear, legible and permanent copies.

(3) Plans submitted shall comply with this Ordinance and include the following:

(A) The name of the property owner and the legal description of the site;

(B) Estimated daily wastewater flow and design wastewater flow;

(D) Details and configuration layouts depicting how the system is to be constructed;

(E) Provide a contingency plan in the event that the proposed plan fails and cannot be repaired or an alternate area may be provided; and

(F) Sufficient supporting information to ensure the proposed private sewage system or modification complies with the Ordinance.

(4) A copy of the approved plan shall be available at the construction site until completion of the private sewage system.

(5) A final "as built" copy of the plans shall be submitted to the POWTS Inspector and kept in a permanent file for the system.

(6) A modification to the design of the private sewage system which has previously been approved shall be submitted to the POWTS Inspector. Plan revisions must be approved before revision construction begins. Only modifications which affect the treatment of the sewage/effluent (such as downsizing the mound, change in loading rate, any additional pretreatment such as an aerator in the tank) shall require plan revision. Revision is not required for modifications that do not alter the original area, dimensions or concept of the system.

(j) Transfer of Ownership. In order to ensure the provisions of this Ordinance are complied with, upon transfer of ownership of a property for which a valid sanitary permit exists, the following shall apply:

(1) Any person transferring, selling, or conveying a building or dwelling, or land upon which a building or dwelling is located, shall report such transfer, sale, or conveyance fifteen (15) days prior to said transfer, sale or conveyance to the POWTS Inspector. Reporting shall be by such person, such person's agent, or any real estate agent.

(2) Prior to such transfer, sale or conveyance of any building or dwelling, the transferor, seller or conveyer shall have conducted an evaluation of the existing private waste disposal system, if said structure is served by the same. An evaluation of the private waste disposal system shall be done by the POWTS Inspector or any other person certified as a POWTS maintainer, inspector, and soil tester (all inclusive). Evaluation shall be conducted in accordance with and on forms furnished by the POWTS Inspector. All evaluations shall be submitted to the POWTS Inspector for review. The POWTS Inspector is empowered to investigate any system so evaluated.

(3) If, upon inspection, the existing system meets the criteria of a "failing private sewage system" as defined in this Ordinance or WSA Sec. 145.245(4), an order for replacement is issued under this Ordinance or WSA Sec. 145.20(2)(e), (f), and (g), said new system shall be installed within one year of the sale or conveyance date by the transferee unless by written agreement the transferor has retained the obligation to replace the system. Any such agreement shall be filed with the POWTS Inspector and shall be enforceable by the POWTS Inspector against the transferor.

(4) The following changes in ownership shall require an inspection: Gifts through addition of another person to ownership, unless the last inspection was completed within twenty-four (24) months of the transaction; addition of children to a deed; transfer to an irrevocable trust; land contracts; addition of a name to property owners, except between spouses; proposed transfers which fall through, dating from the original transfer notification requirement.

(5) The following changes in interest shall not require an inspection at the time of transfer: life estates until the transferor is divested of all rights of ownership; transfer of marital estate between spouse, except transfer of individually classified property from one spouse to another; transfer of property to or from a revocable living trust; a lease-option until the option is exercised; subtraction of a name from ownership; a transfer within twenty-four (24) months of a passing inspection, at the discretion of the POWTS Inspector.

(6) The sanitary permit shall be returned to the POWTS Inspector so that a new permit may be issued noting the new property holder;

(7) Because the permit runs with the property, transfer of property shall not affect the expiration date unless a renewal is also requested; and

(8) A transfer filing fee of the correct amount as listed in Exhibit A shall be paid at the time of filing.

(k) Change of Plumbers.

(1) When an owner wishes to change plumbers during construction, it will be necessary for him to furnish the POWTS Inspector with the applicable change form signed by the new plumber. New plans must also be submitted by the plumber, designer, or engineer.

(2) The transfer of a sanitary permit shall take place prior to the installation of the private sewage system.

(3) A transfer filing fee of the correct amount as listed in Exhibit A shall be paid at the time filing.