ORDINANCE NO. 2008-2

AN ORDINANCE TO AMEND AND RESTATE THE SEPTIC AND

HOLDING TANK PUMPING AND DISPOSAL ORDINANCE

WHEREAS, the Lake Beulah Management District (the “District”) desires to ensure the proper usage and upkeep of the septic tanks and holding tanks within the District; and

WHEREAS, the District previously established an Ordinance for Septic and Holding Tank Pumping and Disposal; and

WHEREAS, there are certain costs that are necessary as a result of the District’s enforcement and operation under the Ordinance; and

WHEREAS, the District desires that the property owners within the District bear the costs related to the Ordinance while also recognizing that some property owners should be exempt from portions of the Ordinance; and

WHEREAS, the District desires to amend the Ordinance accordingly;

NOW, THEREFORE, the Board of Commissioners of the Lake Beulah Management District does hereby ordain as follows:

SEPTIC AND HOLDING TANK PUMPING AND DISPOSAL ORDINANCE

Section 1: General Provisions

Section 1.01: Title

This Ordinance shall be known as the “Septic and Holding Tank Pumping and Disposal Ordinance.”

Section 1.02: Authority

This Ordinance is authorized under Wis. Stat. § 60.77(5)(c), and shall constitute a rule and order of the Commission. The same is authorized pursuant to the adoption of sanitary district powers by the Lake Beulah Lake Management District (“District”) as provided for in Wis. Stat. § 33.22(3).

Section 1.03: Purpose

This Ordinance is adopted to promote and protect public health and to provide for the administration and enforcement of the Lake Beulah Lake Management District septic and holding tank pumping and disposal program, and to supplement Walworth County’s administration of the septic tank maintenance program.

Section 1.04: Construction

This Ordinance and order of the District shall be broadly and liberally construed to require property owners within the District to comply with the District’s septic and holding tank pumping and disposal program. This Ordinance shall be interpreted and construed to be consistent with Chapters 33 and 66 of the Wisconsin Statutes, as well as Administrative Code regulations and ordinances administered and enforced by the Wisconsin Department of Commerce and the Wisconsin Department of Natural Resources.

Section 2: Access and Identification

Section 2.01: Right of Entry

The District or its duly authorized representatives, septage hauling contractor or its representatives (“Contractor”) bearing proper identification, shall be permitted to enter all properties for the purpose of inspection, observation or pumping of any holding tank or septic system in accordance with the provisions of this Ordinance.

Section 2.02: System Access

Property owners shall take appropriate actions to assure that the Contractor will have access to inspect and pump any septic system or holding tank.

Section 3: Holding and Septic Tank Information

Section 3.01: Duty to Respond

All property owners shall respond in full to any inquiry by the Contractor, the District or their representatives, with respect to the information relating to the owner’s septic system or holding tank. Such duty shall extend both to written and verbal inquiries from the Contractor or District representatives.

Section 3.02: Questionnaires

Owners shall respond to written questionnaires from the Contractor within twenty-one (21) days of mailing. Owners shall be required to conduct a reasonable investigation regarding the age, design, pumping history, system failure history, or any other system problems and to fully report such information. Once a property owner submits a signed questionnaire, such party shall be deemed to have given the Contractor both the information and the authority to proceed.

Section 4: Inspection and Pumping Notice

Section 4.01: Service Areas

All properties in the District shall be divided into three (3) service areas, one (1) of which will be pumped each year.

Section 4.02: Septic Tank Notice

Owners of property containing a septic tank will have a twenty (20) day window in which the Contractor will pump their septic tanks. Septic tank owners shall receive a first class mail notice from the District at least twenty (20) days in advance of the twenty (20) day window in which their property will be inspected and pumped.

Section 4.03: Holding Tank Notice

Holding tank property owners shall receive a first class mail notice from the District advising that their service area is being pumped. Holding tank owners shall schedule a pumping with the Contractor as needed, but under no circumstances more than sixty (60) days after receiving the notice.

Section 4.04: Presumption of Notice

Where the District alleges that there has been non-compliance with this Ordinance, there shall be a rebuttable presumption that the owner received notice of the required action if the District or the Contractor submits proof of the date and first class mailing of such notices.

Section 5: Pumping

Section 5.01: Pumping

Property owners shall permit the Contractor to pump their tanks at least once every three (3) years and shall fully cooperate with the Contractor to carry out the pumping. If owners require additional pumpings, they shall make arrangements for pumping at their own cost. Year-round property owners are encouraged to pump their systems annually and coordinate that pumping, every third year with the District’s three-year pumping program.

Section 5.02: Fee

All septic tank and holding tank owners shall be charged a fee of $40.00 per year for the pumping and inspection of septic systems, regardless of whether their service area was pumped and inspected under this Ordinance during the given year. This fee may be changed from time to time, but no more than once every year, by the Board of Commissioners, as necessary, to pay pumping and administrative costs.

Section 5.03: Deferrals

Septic tank owners may request a deferral of the twenty (20) day pumping window by submitting a written request to the Contractor at least three (3) business days prior to the first day of the scheduled window along with a deferral fee of $20.00. Said request shall provide the desired window for pumping. Deferrals shall be granted so long as the desired window falls within the current pumping season.

Section 5.04: Fee Collection

All fees assessed under this Ordinance shall be sewerage service charges and shall be collected and taxed and shall be a lien upon the property served, pursuant to Wis. Stat. §§ 33.32(5), 66.0821(4)(d) and 66.0809.

Section 6: Faulty Systems

Section 6.01: Compliance with State Plumbing Code

All property owners shall maintain their systems in compliance with the State Plumbing Code. A property owner must correct any non-compliance within ninety (90) days of the Contractor’s written notification of non-compliance. Any measures to bring the system into compliance shall be done at the property owner’s cost by a qualified party of the owner’s choice.

Section 6.02: Hold Status

If the Contractor determines that there is a problem or other condition of the system that unreasonably increases potential liability for the Contractor or the District, the Contractor shall place the subject property in a “hold status.” The Contractor shall notify the owner and District of the problem or condition and the property shall remain in a hold status until such time as it has been resolved between the District and owner. Owners shall respond to District inquiries regarding such matters within thirty (30) days. Owners shall meet with District representatives and address inquiries by the District within thirty (30) days of a written meeting request.

Section 6.03: Failed System

If the Contractor discovers evidence of failed system, the Contractor shall notify the owner and the District. The owner shall schedule an inspection by a licensed soil tester or other qualified State licensed professional, at the owner’s cost, to inspect the same and report the findings to the District within ninety (90) days. If the failure is verified, the property owner shall be notified in writing and advised that the same must be corrected within 120 days. If more than 120 days pass without compliance being obtained, as verified by the District’s inspector, the information shall be turned over to the Walworth County Sanitarian for formal action.

Section 6.04: District and Contractor Liability

The District and Contractor shall not be liable for failure to detect and/or report any system defect or condition having an adverse impact on the quality of Lake Beulah.

Section 7: Exemptions

Section 7.01: Exemption Certificate

Property owners may apply for an Exemption Certificate and thus be exempt from certain portions of this Ordinance at the sole discretion of the District. Incomplete forms will not be considered. Any property owner seeking exemption shall fill out an Exemption Form, which is available upon request from the District Secretary, and submit the fully completed form to the District. Property owners who meet one or more of the following exemptions may be eligible for an Exemption Certificate:

a. Commercial Operation or Organization. A commercial operation or organization may apply for an Exemption Certificate provided that the property owner utilizes holding tanks that are pumped as needed. A property owner granted an Exemption Certificate under this subsection must present the District each year with written certification of compliance from a qualified pumper stating that the holding tanks are pumped regularly on an “as needed” basis. Any property owner receiving an Exemption Certificate under this subsection shall be required to pay the annual fee as set forth in Section 5.02 of this Ordinance.

b. Vacant Land. An owner of vacant land may apply for an Exemption Certificate. The Contractor will verify that the land is vacant before the issuance of an Exemption Certificate. Any property owner receiving an Exemption Certificate under this subsection shall not be required to pay the annual fee as set forth in Section 5.02 of this Ordinance so long as the property remains vacant.

c. Infrequent Use. A property owner who uses a septic tank infrequently may apply for an Exemption Certificate. The property owner must sign a sworn affidavit attesting that the property serviced by the septic system has been inspected and/or pumped within the last three (3) years and is used by no more than four (4) people for no more than two (2) weeks per year. The Contractor will verify the stated inactivity by inspection during the year in which the Contractor pumps the exempted owner’s service area. Any property owner receiving an Exemption Certificate under this subsection shall pay the annual fee as set forth in Section 5.02 of this Ordinance only in the year in which the septic system is inspected. If the Contractor finds sufficient septage to justify pumping, the Contractor shall pump the tank, and the exemption shall be voided.

d. Inspection Only. A property owner may choose to contract for septic tank pumping with any certified septage servicing operator in accordance with Wis. Admin. Code Chapter NR 113. Property owners working with pumpers other than the District Contractor will receive notice of inspection under Section 4.02 of this Ordinance and are required to complete the enclosed questionnaire. If contracting with a pumper other than the District Contractor, the property owner shall send a copy of the pump report to the District within twenty (20) days of the completed pumping. Any property owner receiving an Exemption Certificate under this subsection shall pay the annual fee as set forth in Section 5.02 of this Ordinance.

Section 7.02: Exemption Certificate Fee

Property owners applying for an Exemption Certificate shall submit a fee of $25.00 with their Exemption Form for the reasonable administrative costs related to the issuance of the Exemption Certificate.

Section 7.03: Duration of Exemption Certificate

Any Exemption Certificate issued under this Ordinance shall continue in effect for seven (7) years, or until such time as the exemption requirements are no longer met, whichever is sooner. It shall be the responsibility of the property owner to notify the District of any change in circumstances affecting the Exemption Certificate. The District shall have discretion to terminate an Exemption Certificate with thirty (30) days prior written notice to the property owner.

Section 7.04: Failure to Request Exemption Certificate

Failure to request an Exemption Certificate is not sufficient reason to relieve any property owner from the fee. All fees will be collected until an Exemption Certificate is in force. No exceptions will be made for systems that were previously exempt.

Section 8: Septage

Section 8.01: Septage Kept Separate

Owners shall prevent septage from being exposed to, mixed with or contaminated by any type of hazardous waste.

Section 8.02: Title Vested

Title to all waste that is pumped and removed from the tanks shall be vested in the Contractor upon being placed into its vehicles.

Section 9: Violations and Penalties

Section 9.01: Violation and Penalty

Any person who violates any provision of this Ordinance shall be subject to a penalty as provided by the Wisconsin State Statutes, which are by this reference made a part hereof as if fully set forth herein. Where there is no statutory penalty provided, such forfeiture shall be not less than $10.00 nor greater than $500.00, plus statutory costs. Each day that an owner is in violation of this Ordinance shall be considered a separate violation for purposes of imposition of penalties. Prosecution of a violation and payment of any judgment obtained does not preclude compliance with the terms and conditions of this Ordinance.

Section 9.02: Public Nuisance

A violation of this Ordinance is a public nuisance and the District, or any property owner therein, may enjoin the creation thereof and abate by action the maintenance thereof.

Section 9.03: Liability to District for Losses

Any person violating any provisions of this Ordinance shall, in addition to any penalty or fine which may be assessed against the owner, become liable to the District for any expense, loss, damage or attorneys fees occasioned by such violation which the District may suffer or incur as a result thereof.

Section 9.04: Enforcement

In the event the District is required to retain legal counsel to bring an action in the Walworth County Circuit Court to enforce any provision of this Ordinance, the owner shall be responsible for all legal fees, Contractor fees, expert witness fees and other costs which may reasonably and necessarily be incurred in enforcing the terms of this Ordinance.

Section 10: Miscellaneous

Section 10.01: Severability

In the event that any section, provision, clause or any portion of this ordinance is found to be effective or invalid by a court of law, such finding shall not affect the validity of the remainder of this Ordinance.

Section 10.02: Effective Date

This Ordinance shall take effect and be enforced from and after its passage and publications as provided by law.

Dated this 2nd day of June, 2008.

LAKE BEULAH LAKE MANAGEMENT DISTRICT

By DAVID SKOTARZAK, Chairperson