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

4.04.090 System Management and Maintenance

(a) Maintenance and Management.

(1) All POWTS shall be managed and maintained in accordance with this Ordinance and the standards of WAC Comm 83.

(2) The property owner shall report to the POWTS Inspector each inspection, maintenance or servicing event, in accordance with this Ordinance and WAC Comm 83.

(3) The property owner shall submit a copy of an appropriate maintenance agreement and/or servicing contract to the POWTS Inspector prior to sanitary permit issuance.

(4) The property owner shall submit a new maintenance agreement and/or servicing contract to the POWTS Inspector whenever there is a change to such document(s).

(5) The property owner shall submit a new maintenance agreement and/or servicing contract to the POWTS Inspector prior to expiration of any existing maintenance agreement and/or servicing contract.

(b) Holding Tank Maintenance Agreement.

(1) The owner of the holding tank shall enter into a Maintenance Agreement with the POWTS Inspector guaranteeing that a private contractor, who has also signed the agreement, will service the holding tank if the owner fails to have the holding tank properly serviced in response to orders issued by the POWTS Inspector. The Maintenance Agreement shall be binding upon the owner, the heirs of the owner, and assignees of the owner. The Maintenance Agreement shall be filed with the POWTS Inspector and shall be recorded in a manner which will permit the existence of the agreement to be determined by reference to the property where the holding tank is installed.

(2) The owner or agent shall submit a copy of the holding tank Maintenance Agreement when plans are submitted to the POWTS Inspector for review.

(3) Pumping records shall be filed at least quarterly with the POWTS Inspector.

(4) The POWTS Inspector may inspect pumping records and the site for compliance and overflow at all reasonable times.

(5) The POWTS Inspector may require a pumping schedule and/or a meterting or monitoring device on the system.

(6) Holding tanks which are connected to public sewer systems and which serve individual premises and not the entire system are considered to be owned by the individual served by the holding tank and fall within the requirements of this Ordinance. Therefore, servicing requirements and Maintenance Agreements are required for owners of such holding tanks connected to public sewer systems.