Bad River Band of the Lake Superior Chippewa Indians Law Library
Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

4.04.050 Reconnection and Construction

(a) Reconnection and Construction.

(1) A reconnection permit shall be obtained prior to:

(A) Construction of a structure to be connected to an existing private sewage system;

(B) Disconnection of a structure from an existing private sewage system and connection of another structure to the system; or

(C) Rebuilding a structure that is connected to a private sewage system.

(2) Prior to issuance of a reconnection permit, the existing private sewage system shall be examined, including soil, tanks, and components to:

(A) Determine if it is functioning properly and whether it is a failing system; and

(B) Determine if it will be capable of handling the proposed wastewater flow and contaminant load from the building to be served.

(3) Application for a reconnection permit shall include the following:

(A) All items in Sections 406.4.H and I.

(B) For all systems that utilize soil for treatment or disposal, a Soil and Site Evaluation Report verifying that the vertical separation distance between the infiltrative surface of the existing treatment or dispersal component and estimated high groundwater elevation and bedrock complies with applicable provisions of this Ordinance, unless a valid report meeting these criteria is on file with the POWTS Inspector;

(C) A report provided by a licensed plumber, certified septage servicing operator or a POWTS Inspector relative to the condition, capacities, baffles, RISERS and manhole covers for any existing treatment or holding tanks;

(D) A report provided by a licensed plumber or POWTS Inspector relative to the condition and capacities of all other components and verifying that the system is not a failing system;

(E) A plot plan prepared by a plumber including information specified in Section 4.04.040.H and I; and

(F) Complete plans, as specified in Sections 406.4.H and I for any system components which will be modified or replaced.

(4) In addition, the following may also be required:

(A) Reconnection to existing holding tanks may require a new servicing contract and an updated holding tank agreement which meets the requirements of this Ordinance; and/or

(B) Reconnection to an existing system other than a holding tank may require a new maintenance agreement or contract.

(5) Replacing a structure with a new or different structure within two years of the date of permit issuance will only require a statement that the system has not been altered, a statement that a modification in a wastewater flow or contamination load will not occur, and a plot plan that documents all setbacks between the structure and system components.

(6) When reconnection to an undersized system is permitted by WAC Comm 83 and 84, an affidavit for the use of the undersized system must be recorded in the POWTS Inspector's office.

(7) Systems may be inspected at the time of reconnection, prior to backfilling, at the discretion of the POWTS Inspector to insure that proper materials and methods are being used.

(b) Construction Affecting Wastewater Flow or Contaminant Load.

Prior to commencing the construction of an addition to or modification of a structure which will affect the wastewater flow and/or contaminant load to an existing private sewage system, the owner(s) of the property shall:

(1) Possess a sanitary permit to construct a new private sewage system or modify an existing private sewage system to accommodate the modification in wastewater flow or contaminant load; or

(2) Provide the following to the POWTS Inspector:

(A) Documentation that a private sewage system of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure, as specified in this Ordinance;

(B) Documentation showing that the location of the proposed structure conforms to the applicable setback distances for the existing private sewage system components. (See WAC Comm 83 and Wisc. NR111, 112); and

(C) Documentation specified in this section.A.3.

(3) If the existing private sewage system is found to be undersized, construction of the building addition or modification shall be allowed only if it could be permitted by WAC Comm 83 and 84 and an affidavit for the use of the undersized system is recorded in the Tribe's Realty Office or the Ashland County Register of Deeds if non-trust property. An affidavit for the use of the undersized system must also be recorded with the POWTS Inspector.

(4) Any installation, addition or modification of a system must be completed and accepted before the addition or modified area of the structure may be occupied.

(c) Construction Not Affecting Wastewater Flow or Contaminant Load.

Prior to commencing construction of any structure or addition to a structure on a site where there exists a private sewage system when such will not affect the wastewater flow or contaminant load, the owner or his agent shall still determine that the proposed structure conforms with applicable setback limitations of Comm 83, as adopted by Band law. Documentation shall be submitted to the POWTS Inspector.

(d) Permit Fees.

Reconnection permit fees shall apply as established by Exhibit A.