Title 4. Environment and Natural Resources - Chapter 407

Tribal code

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Text

ON-SITE WASTE DISPOSAL

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The matters concerning where the garbage is kept

407.1.

407.2.

407.3.

407.4.

Introduction

Adoption, Amendment and Repeal

Definitions

General Requirements

407.5.

407.6.

407.7.

Permits and Applications

Inspections

Administration and Enforcement

407.1.

Introduction

401.1-1. Applicability. This law shall apply to all Oneida Tribal Entities, the Oneida Nation

itself, and members of the Oneida Nation within the exterior boundaries of the Oneida Nation

Reservation.

407.1-2. Purpose. The purpose of this law is to establish regulations to ensure that private onsite sewage treatment systems will fulfill Oneida Tribal goals for improving environmental

health and safety. The regulations herein will set forth procedures for administration of the

program; general requirements for proper siting, design, installation, inspection, and maintenance

of the systems; limitations of private systems; and enforcement mechanisms and procedures. The

ultimate intent of this law is to support the Oneida belief of taking care of Mother Earth. As

unforeseen events may arise which are not specifically addressed in this law, this stated intent,

along with the following basic principles, should define a course of action for unforeseen events.

(a) NEED-Every building intended for human habitation or occupancy shall be provided

with a properly functioning system for treatment and disposal of domestic waste.

(b) PUBLIC SEWERS-When public sewers become available to any building intended

for human habitation or occupancy, the use of the private sewage system shall be

discontinued within that period of time required by order, but not exceed one (1) year.

The owner shall be required to connect to public sewers sooner than the one (1) year date

if the system meets the definition of a failing system. When funding for the connection is

available, the owner shall be required to connect sooner than the one (1) year date, and

the connection shall be made form the private sewage system and be connected to the

public sewers sooner than the one (1) year date if the system meets the definition of a

failing system. When funding for the connection sooner than the one (1) year date, and

the connection shall be made according to the contractor s construction schedule. The

building sewer shall be disconnected from the private sewage system and be connected to

the public sewer. All abandoned treatment tanks and seepage pits shall have the contents

pumped and disposed of in accordance with chapter NR 113, Wisconsin Administrative

Code. The top or the entire tank shall be removed and the remaining portion of the tank

or excavation shall be immediately filled with clean, suitable soil material.

designed, located and constructed to prevent ponding of effluent within the soil

absorption system or an y discharge or sewage into drain tiles, onto the ground surface,

into the structure served, or into the surface waters or groundwater within the exterior

boundaries or adjacent to the Oneida Nation Reservation including zones of seasonal soil

saturation.

4 O.C. 407 – Page 1

(d) MAINTENANCE-Every private sewage system shall be adequately maintained.

(e) NUISANCE-Every private sewage system shall be designed and constructed to

adequately dispose of all the wastewater generated in the structure or facility it is serving.

407.2.

Adoption, Amendment and Repeal

407.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-28-88A and amended by resolution BC-07-26-17-C.

407.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

407.2-3. Should a provision of this law or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this law

which are considered to have legal force without the invalid portions.

407.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

407.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

407.3.

Definitions

407.3-1. For the purposes of this law, the following definitions shall apply. All other words

shall be defined according to dictionary reference.

(a) “Approved” means accepted or ratified by the Environmental Health and Safety

Division.

(b) “As-Built Plan” means a final plan of any system as installed.

front of a lot line or comes within two hundred feet (200’) of a lot line, availability of the

public sewers for servicing buildings on the lot is established.

(d) “Bedrock” means the rocks that underlie soil materials or are at the earth s surface.

Bedrock is encountered when the weathered in-place consolidated material, larger than 2

mm in size, is greater than fifty percent (50%) by volume.

(e) “Building” means -a structure having walls and a roof erected or set upon an

individual foundation or slab-constructed base designed or used for the housing, shelter,

enclosure or support of any kind, which is intended for human habitation or occupancy. A

mobile home is included in this definition. Each structure abutting another structure

which does not have an ingress-egress doorway through the basement foundation walls,

or structures with separate exterior or exterior abutting walls, or public use structures

separated by an unpierced firewall, shall be considered as separate or individual building.

(f) “Cesspool” means a covered excavation in the ground which receives sewage or

other organic matter and solids, permitting the liquids to seep into the soil cavities.

Cesspools are prohibited.

(g) “Cleanout”- means a plug or cover made of material approved by the Department,

joined by means of a screw thread to an opening in a pipe, which can be removed for the

purpose of cleaning or examining the interior of the pipe.

(h) “Cleanwater Wastes” means cooling water and condensate drainage from

refrigeration compressors and air-conditioning equipment, water used for impurities have

4 O.C. 407 – Page 2

been reduced below a minimum concentration considered harmful, and cooled

condensate from steam heating systems or other equipment.

(i) “Color” means the moist color of the soil based on Munsell soil color charts.

(j) “Community On-Site Waste Disposal System” means an on-site waste disposal

system servicing more than one (1) building being served. A community sewage system

may be owned by the property owners, the Nation, or special purpose district.

(k) “Conventional Soil Absorption System” means a system that employs gravity flow

from the septic or other treatment tank and applies effluent to the soil through the use of a

seepage trench, bed or pit.

(l) “Department” means the Oneida Tribal Environmental Health and Safety Division.

(m) “Detailed Soil Map” means a map prepared by or for a state of federal agency

participating in the national cooperative soil survey showing soil series, type and phases

at a scale of not more than 2,000 feet to the inch and includes related explanatory

information.

(n) “Dosing Tank” means a tank used for the collection of sewage effluent from a septic

or solids tank. The effluent is pumped form the dosing tank to a soil absorption field.

(o) “Dwelling Unit” means one (1) or more rooms with provisions for living, sanitary

and sleeping facilities which are used or intended to be used by one (1) person or by two

(2) or more persons maintaining a common household.

(p) “Effluent” means liquid discharge from a septic or other treatment tank.

(q) “Existing” means prior to the adoption date of this law.

(r) “Experimental System” means an on-site wastewater treatment system designed to

overcome site limitation which would preclude the installation of any of the standard soil

absorption systems defined in this law. Not all sites are suitable for experimental systems.

(s) “Failing Private Sewage System” means a failing private sewage system is one

(1)which causes or results in any or the following conditions:

(1) The failure to accept sewage discharges resulting in the back up of sewage

into the structure served by the private sewage system.

(2) The discharge of sewage to the surface of the group or to a drain tile.

(3) The discharge of sewage to any waters within the exterior boundaries or

adjacent to the Oneida Nation Reservation.

(4) The introduction of effluent into zones of saturation which adversely affects

the operation of a private sewage system.

(5) The ponding of effluent within the soil absorption system.

(t) “Grease Interceptor” means a watertight tank which is installed underground for the

collection and retention of grease from cooking of food processing and which is

accessible for periodic removal of the contents.

(u) “High Groundwater” means zones of soil saturation which include: Perched water

tables, shallow regional groundwater tables or aquifers, or zones that are seasonally,

periodically or permanently saturated. Unless otherwise proven, the presence of soil

mottles indicates the level of seasonal saturation.

(v) “Holding Tank” means an approved watertight receptacle for the collection and

holding of sewage, which requires pumping by a licensed sanitary hauler.

(w) “Indoor Plumbing” means one (1) plumbing fixture constitutes an indoor plumbing

4 O.C. 407 – Page 3

system.

(x) “In-Ground Pressure Distribution System” means a pressurized soil absorption

system placed entirely within the natural soil and based on the mound system design.

(y) “Legal Description” means inaccurate Metes and Bounds description, a claim

number, a lot and block number in a recorded subdivision, a recorded assessor s plat or

public land survey description to the nearest forty (40) acres in 1/4-1/4 sections (ie: NW

1/4 of the NE 1/4, Section 10, T24N-R18E).

(z) “Mobile Home” means a transportable structure mounted on a chassis and designed

to be used with or without a permanent foundation as a dwelling as a dwelling unit. The

phrase without a permanent foundation indicates that the support system is constructed

with the intent that the mobile home thereon may be moved from time to time at the

convenience of the owner.

(aa) “Modified Mound System” means a soil absorption system which utilized pressured

distribution of the effluent and sandy fill materials to overcome sites with specific

limiting conditions. The limiting conditions are:

(1) Depth to seasonal high groundwater of 24 to 54 inches with percolation rates

of 0 to 180 minutes per inch.

(2) Depth to seasonal high groundwater of 12 to 54 inches with percolation rates

of 0 to 120 minutes per inch.

(bb) “Mound System” means a system which utilized pressurized distribution of the

effluent and sandy fill conditions are:

(1) Depth to fractured bedrock of twenty-four inches (24”) to fifty-four inches

(54”) with percolation rates of zero (0) to sixty (60) minutes per inch

(2) Depth to seasonal high groundwater levels of twenty-four inches (24”) to fiftyfour inches (54”) with percolation rates between zero (0) and one hundred twenty

(120) minutes per inch.

(cc) “Nuisance” means -any source of filth, odor or probable cause of sickness, as is

described in Wisconsin Statue 146.14

(dd) “Oneida Nation” means Oneida Nation, a federally recognized Indian government

and a Treaty Tribe recognized by laws of the United States.

(ee) “On-Site Waste Disposal System” means a sewage treatment disposal system

serving a single building with a septic tank and soil absorption field located on the same

parcel as the building. This term also means an alternative substitute for the septic tank or

soil absorption field, a holding tank, a system serving more than one (1) building, or a

system located on a different parcel than the building, or a system located on a different

parcel than the building. A private sewage system may be owned by the property owner

or by a special purpose district.

(ff) “Percolation Test” means the method used for testing soil absorption qualities, as

described in ILHR 83,09(5), Wisconsin Administrative Code. All soil Wisconsin-licensed

Certified Soil Testers.

(gg) “Permeability” means the ease with which liquid move through the soil. One (1) of

the soil qualities listed Certified Soil Testers.

(hh) “Plumber” means a person licensed by the State of Wisconsin as a Master Plumber

or Master Plumber Restricted Sewer Services, as described in Wisconsin State Statute

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145.01

(ii) “Pressure Distribution System” means a soil absorption system that employs a pump

or automatic siphon and small diameter distribution pipping with small diameter

perforations to introduce effluent into the soil. Plan review and departmental approval is

required for each system of this type. Approval will only be given on a case by case

basis. Approval shall only be given on an individual basis.

(jj) “Privy” means a structure that is not connected to a plumbing system, which is used

by persons for the deposition of human body wastes.

(kk) “Privy-Pit” means a privy with earthen sidewalls and/or bottom. The privy shall be

so constructed as to be insect and rodent proof as described in ILHR 53.63, Wisconsin

Administrative Code

(ll) “Privy-Vault” means a privy with watertight vault consisting of one (1) of the

following:

(1) concrete sidewalls and bottom(poured in place)

(2) a prefabricated concrete tank

(3) an asphalt coated steel tank

(A) The tank shall be constructed insect and rodent proof per ILHR 52.63

Wisconsin administrative Code.

(mm) “Public Sewers” means a wastewater treatment system which utilizes collection of

the sewage through underground sewer pipes, which all flow to one (1) collection station,

where the wastewater is then treated. Public sewers provide service to more than one (1)

residence, and each residence is charged a fee for wastewater collection and treatment.

(nn) “Seepage Bed” means an excavated area larger than five feet (5’) in width which

contains a bedding of aggregate and has more than one (1) distribution line.

(oo) “Seepage Pit” means an underground receptacle so constructed as to permit disposal

of effluent or clear wastes by soil absorption through its flood and walls.

(pp) “Septic Tank” means a tank which receives and partially treats sewage, through

processes of sedimentation, oxygenation, flotation and bacterial action so as to separate

solids from liquid in the sewage, and discharges and public buildings.

(qq) “Sewage” means the liquid and water carried wastes created in and conducted away

from residences, industrial establishments and public buildings.

(rr) “Soil” means the unconsolidated material over bedrock.

(ss) “Soil Absorption” means any sewage treatment system which has a solid separation

tank and utilizes distribution of the sewage effluent to unsaturated soil for treatment.

Systems included in this definition are: conventional septic s, mounds, in-ground pressure

distribution, at-grade, etc.

(tt) “Soil Boring” means an observation pit dug by hand or backbone, a hole dug by

auguring or a soil core taken intact and undisturbed with a probe.

(uu) “Soil Mottles” means spots or streaks of contrasting soil colors usually caused by

soil saturation for some period of a normal year. Soil mottles are used as indicators of the

seasonal high groundwater level.

(vv) “Soil Saturation” means the state when all the pores in a soil are filled with water.

Water will flow from saturated soil into a bore hole.

(ww) “Topsoil” means the undisturbed surface horizon of a soil often characterized by a

4 O.C. 407 – Page 5

clack or dark grayish brown color due to a higher content of organic matter.

(xx) “Tribal Vendor s Permit” means a permit issued by the Environmental Health and

Safety Division for the installation of a private sewage system.

(yy) “Vent Cap” means an approved appurtenance used for covering the vent terminal of

a soil absorption system, to avoid closure by mischief or debris, and still permit

circulation of air within the system.

(zz) “Workmanship” means work of such character that will fully secure the results

sought in all the sections of this law as intended for the safety, welfare and health

protection of all individuals.

407.4.

General Requirements

407.4-1.

(a) Every building or structure intended for human habitation or occupancy, within the

scope of applicability of this law, shall have a Tribally-approved on-site private sewage

treatment system or be connected to a public sewer system. Such systems shall be

approved on-site private sewage treatment system or be connected to a public sewer

system. Such systems shall be approved only if no public sewers are available to service

said buildings. Unless specifically approved by the Nation, the private sewage system to

each building. A private sewage system may be owned by the property owner or by a

special purpose district. The use of a community on-site waste disposal system or a

system on a different parcel than the structure shall be subject to the same permit

requirements and procedures as for systems serving public buildings. The private sewage

system for newly constructed buildings shall be installed, inspected and approved before

the building can be occupied.

(b) The type of on-site waste disposal system approved for use on a site shall be

dependent upon site conditions. Approvable types of on-site waste disposal systems are:

(1) Conventional soil absorption systems

(2) In ground pressure distribution systems

(3) Mound systems

(4) Modified mound systems

(5) At-grade systems

(6) Holding tanks

(7) Privies (pit and vault)

Approvable systems are not limited to this list, but systems not included on this list may

only be approved by the Environmental Health and Safety Division on an individual

basis.

(1) Domestic waste-all water carried wastes derived from ordinary living uses

shall enter the septic or treatment tank or be discharged to a public or municipal

treatment system.

(2) Water supply-all new buildings intended for human habitation or occupancy

shall be provided with a well and water supply system.

(3) Cesspools-cesspools are prohibited.

(4) Clear water-The discharge of surface, rain and other clear water into a private

4 O.C. 407 – Page 6

sewage system is prohibited.

(5) Water shortener and iron filter backwash-Water softener of iron filter

discharge may be directed to the private sewage system, a separate below ground

surface soil absorption system or to the ground surface it a nuisance is not created.

(6) Floodplain-On-site waste disposal systems for new buildings will not be

approved for construction within the floodplain. Existing buildings may have a

system approved in the flood fringe subject to Departmental approval on an

individual basis. All systems shall be flood-proofed to a height of at least two feet

(2’) above the one hundred (100) year flood elevation.

(d) Holding Tanks

(1) Holding tanks will not be approved to service any new residential construction.

Holding tanks shall only be approved under the following circumstances:

(A) As a temporary method of waste containment until public sewers are

available, not to exceed two (2) years from the date of installation.

Extended use of the holding tanks beyond the two (2) year period will

require a permit for the Environmental Health and Safety Division. The

holding tanks shall be disconnected and a connection shall be made upon

availability of the public sewer system, and the tanks properly abandoned

in the manner as is described in ILHR 83, Wisconsin Administrative Code.

(B) As a replacement system for existing filing soil absorption systems.

Holding tanks shall be approved only if no other soil absorption system can

be approved for the site.

funding agencies. The site must have received written approval for an onsite soil absorption system, and funding must have been appropriated to

cover all installation costs. The system must be completed as soon as the

funding is made available.

(D) As an interim measure for construction reason. If an approved soil

absorption system is being constructed, and progress on construction is

halted severe weather (ie, winter frost conditions), then holding tanks may

be installed and used only until construction of the soil absorption system

can be permitted. The existing residence must be constructed and occupied

prior to adoption of this law.

(E) For an existing residence where no other soil absorption system can be

permitted. The existing residence must be constructed and occupied prior to

adoption of this law.

(F) For new construction of commercial buildings only where no other soil

absorption system can be permitted.

(e) Privies

(1) Privies are prohibited for all new residential construction.

(2) Privies may be permitted only when the existing building served by the privy is

not provided with an indoor plumbing system. One (1) plumbing fixture

constituted indoor plumbing.

(3) All privies must meet the site requirements as described in IRHR 83.10,

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Wisconsin Administrative Code.

(4) When system upgrade becomes available or indoor plumbing is installed, then

privy must be properly abandoned, and the building must be connected to an

approved on-site waste disposal system or a public sewer system.

(5) All chemical, gas electrical, composting and other non-water using toilets must

comply with all requirements of privies.

(f) Public Sewer Connection

(1) When public sewers become available to any buildings intended for human

habitation or occupancy, the use of the private sewage system shall be

discontinued within that period of time required by order, but not to exceed one (1)

year. The building sewer shall be disconnected from the private sewage systems

and be connected to the public sewer.

(2) The owner shall be required to connect to public sewers sooner than the one (1)

year date if the existing private sewage system meets the definition of a failing

system.

(3) When funding for the connection is available, the owner shall be required to

connect to the public sewer sooner than the one (1) year date. The connection shall

be made according of the contractor s construction schedule.

(4) All abandoned treatment tanks and seepage pits shall have the contents pumped

and disposed of in the same manner as is designated in Chapter NR 113,

Wisconsin Administrative Code. The top or entire tank shall be removed and the

remaining portion of the tank or excavation shall be immediately filled with clean,

suitable soil material.

(g) Failing systems

(1) When a failing or malfunctioning private sewage system is encountered, the

sewage disposal system shall be corrected or its use discontinued within that

period of time required by departmental order, with a maximum time limit of one

(1) year. A failing system is identified when one (1) or more of the following

conditions apply:

(A)The failure of the private sewage system to accept sewage discharges

and or there is back-up of the sewage to the structure the system services.

(B)The discharge of sewage to the surface of the ground or to a drain tile.

(C)The discharge of sewage to any waters within the exterior boundaries or

adjacent to the operation of private sewage system.

(D)The introduction of effluent into zones of saturation which adversely

affects the operation of private sewage system.

(E)The ponding of effluent within the soil absorption system.

(h) Incorporation of provisions by reference

(1) This chapter incorporates by reference the following rules, regulations and

laws, as set forth in the Wisconsin Statues and the Wisconsin Administrative Code

governing the location, construction and use of the private sewage systems.

(A) State Statues:59.065, 59.07(51), 144, 145, 146.13, 146.14, and 968.10

(B) Wisconsin Administrative Codes: NR 113;ILHR 82 and ILHR 83.

(2) These rules, regulations and laws shall be available upon request from the

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Environmental Health and Safety Division.

(3) These rules, regulations, and laws shall be used for purposes of this law only,

and shall apply until amended or renumbered and then shall apply as amended or

renumbered.

(4) References in these codes as to the responsibilities of the State , Department ,

Department of Natural Resources , and County shall be directed to the Oneida

Nation and to the Oneida Environmental Health and Safety Division .

(i) Administration

(1) The Oneida Tribal Environmental Specialist shall be responsible for the

administration of this law. The Environmental Specialist may delegate

responsibilities to personnel employed by or assigned to assist the Environmental

Specialist.

(j) Powers and Duties

(1) In administering this law, the Environmental Specialist shall have the following

powers and duties:

(A) Perform duties, and delegate duties as may be required, to personnel

assigned to or employed to assist the Environmental Specialist, to assure

full and complete compliance with this law.

(B) Provide assistance to applicants preparing permit applications, and

advise said applicants regarding provisions of this law.

systems.

(D) Issue permits and perform site inspections for compliance with this

law.

(E) Keep records of all permits issued, inspections made, work approved

and other official actions.

(F) Report violations of this law or other land use regulations to the Tribal

office designated by the Oneida Business Committee, as provided for in the

Administrative Procedures Act.

(G) Have access to any premises for the purposes of performing said duties

between 8:00 a.m. and 8:00 p.m. or at other times set by mutual agreement

between the property owner or their agent and the Environmental

Specialist. Application for permit is considered, for the purposes of this

law, as the owner s consent to enter the premises.

(H) Upon reasonable cause or question as to proper compliance, revoke any

Tribal sanitary permit and issue cease and desist orders requiring the

cessation of any construction, alteration or use of a building which is in

violation of the provisions of this law, until compliance with this law is

obtained.

(I) Issue and enforce orders to plumbers, property owners, their agents or

contractors of the responsible party, to assure proper owners, their agents or

contractors of the responsible party, to assure proper compliance with all

provisions of this law. The Environmental Specialist may delegate this

authority to the Tribal office designated by the Oneida Business committee,

4 O.C. 407 – Page 9

as provided for in the Administrative Procedures Act.

(2) Violations of this law which occur on leased land will be reported to the

Oneida Land Office and the Oneida Land Office and the Oneida Law Office

because said violations may constitute violations of the Tribal Land Lease.

(k) Repeal and effective date

(1) Tribal sanitary permits are obtained through the Oneida Environmental Health

and Safety Division. Completed application shall be submitted for review to the

Oneida tribal environmental Specialist. The permit shall be reviewed and

processed with two (2) weeks of receiving the completed application package,

except in the case of modified mound an experimental systems which may take

longer to review.

(2) Every on-site waste disposal system installed, expanded, modified, or enlarged

after the adoption date of this law shall require a Tribal Sanitary Permit.

(3) When a change of ownership occurs, the owner of system shall have the system

inspected by a State of Wisconsin Licensed Plumber, Registered Sanitarian or

other person accepted by the Environmental Health and Safety Division.

(4) A Tribal sanitary permit shall be obtained by the property owner, his/her agent

or contractor, in the name of the property owner, prior to the construction of any

building which requires a private sewage system. Any property owner, his/her

agent or contractor, who starts construction on a building, prior to obtaining a

Tribal sanitary permit, is in violations and may be subject to the penalties provided

in this law.

(5) Before any private sewage system may be installed, enlarged, altered, modified

or additions constructed, a Tribal sanitary permit must first be obtained by the

property owner, his/her agent or contractor. Failure to comply with this

requirement constitutes a violation of this law. Violations which occur on leased

land may also constitute violations of the Tribal land lease.

(6) A Tribal sanitary permit shall be obtained prior to constructing or erecting a

privy.

(7) If any part of a system has failed, the entire system shall be evaluated for

compliance with existing codes.

407.5.

Permits and Applications

407.5-1.

(a) Permit Codes

(1) The permit card issued by the Environmental Specialist to the property owner

or his/her agent shall serve as the Tribal sanitary permit.

(2) The permit card shall be displayed at the site in such a manner that it will be

visible from a road abutting the lot during all construction phases.

(3) The permit card may not be removed until the private sewage system has been

installed, inspected and approved by the Environmental Specialist or a Triballyauthorized inspector.

(4) Failure to display the permit card shall be considered a violation of this section

and may subject the property owner, his/her agent or contractor, to penalty

4 O.C. 407 – Page 10

provisions of this law.

(b) Application Requirements

(1) The Tribal sanitary permit application shall include the following information

which shall be furnished by the applicant on forms provided by the Tribal

Environmental Health and Safety Division, along with all applicable fees:

(A) Names and address of the applicant (owner of the site) and the plumber

employed (when applicable).

(B) Legal description of the subject site by claim number, lot block and

recorded subdivision or by metes and bounds. All legal descriptions must

also include a plot 1/4-1/4 section description to the nearest forty (40) acres

(i.e.: NW 1/4 of the SE 1/4, Section 12, T23N-R19E).

(D) Driving directions to the site

(E) Building use (single, family, duplex, multi-family, commercial,

industrial, and Tribal roll number).

(F) Plot plan. Detailed plot plan dimensions are drawn to scale showing the

lot size; the location of all septic tanks; holding tanks or other treatment

tanks; building sewers sanitary and storm; wells; water mains or water

service; streams and lakes; dosing or pumping chambers; distribution

boxes; effluent systems; dual disposal systems; replacement system areas;

and the location of the building served. Adjoining properties shall be

checked to insure that the site location distances and dimensions shall be

shown on the detailed plot plan.

(G) Reference points. A vertical elevation reference point and a horizontal

reference point.

(H) Soil boring and percolation test data related to the undisturbed and

finished grade elevations, vertical elevation reference point and horizontal

reference point. Surface elevations, vertical elevation reference point and

horizontal point. Surface elevations shall be given for all soil borings. All

soil borings and percolation tests shall be performed by a State of

Wisconsin Certified Soil Tester.

(I) Occupancy. The maximum number of bedrooms in the residence shall

be indicated. The number of employees( full time and part time on an 8hour shift), estimated number of customers in an 8-hour shift, number of

washing machines and disposition of commercial/retail buildings.

(J) Other specifications. Complete specifications for pumps and controls

including dose volume, elevation differences (vertical lift), pipe

frictionless, pump performance curve, pump model manufacturer, and all

piping information.

(K) Any other information deemed necessary by the Environmental Health

and Safety Division.

(2) Pit privy permit applications shall be accompanied by soil data provided by a

State of Wisconsin-license certified tester to a depth of three feet (3’) below the

proposed pit bottom. Soil data is not required when making application for a vault

4 O.C. 407 – Page 11

privy. The property owner shall be furnished with a copy of the Tribal privy

construction requirements when the permit for a privy is issued.

(3) The Tribal Environmental Health and Safety Division reserves the right to

refuse incomplete or incorrect permit applications or to delay issuance until

corrected or completed applications are received.

(1) Sanitary permits for private sewage systems, which have not been installed,

shall expire two (2) years after the date of issuance. Permits may be renewed

following written application to the Environmental Health and Safety Division by

the proper owner, his/her agent or contractor, prior to the expiration date of the

original permit.

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

(3) The renewal shall be based on Oneida Sanitary Ordinance requirements in

effect to the time of renewal.

(4) Changed requirements may impede the renewal.

(5) The property owner, his/her agent, or contractor, shall return the original permit

card and receive a new card when the permit is renewed.

(6) All permits issued prior to the effective date of this law shall expire two (2)

years from issue date unless renewed.

(7) If a permit has expired and the owner wants to build on the site, a new sanitary

permit must be obtained, and the site shall be subject to the currently existing

requirements, including any revisions made during the elapsed time period.

(d) Permit Replacement/Transfer

(1) If a sanitary permit is lost or destroyed, a replacement permit may be obtained

from the Environmental Health and Safety Division. The land owner shall submit a

written request, along with the permit replacement fee, to the Environmental

Health and Safety Division, and a new sanitary permit shall be issued prior to

installation of the system shall be subject to the following:

(A) The new property owner shall submit a written request to the

Environmental Health and Safety Division to transfer the permit.

(B) The sanitary permit card shall be returned to the Department so that a

new permit card may be issued.

requirements. Any changes other than transfer of ownership shall require a

new permit.

(D) The new property owner shall submit the permit transfer fee to the

Environmental Health and Safety Division.

(e) Building alteration permits

(1) A tribal building alteration permit shall be required when an existing private

sewage system is intended to serve a building which is to be remodeled such that

there will be an increase in the wastewater load from that building or where the

building is to be rebuilt or replaced with a new or different use or building.

(2) Prior to issuing a building alteration permit, the existing private sewage system

shall be examined. No permits will be issued unless the following conditions are

4 O.C. 407 – Page 12

met:

(A) The system is functioning properly regarding the condition of the

system shall be provided.

(B) The systems will be capable of handling the proposed wastewater load

from the building to be served.

C) The system will meet all minimum setback requirements of ILHR 83.

(3) Soil boring data to a depth of three feet (3’) below the bottom of the existing

system shall be reported by a State of Wisconsin Certified Soil Tester. For all soil

absorption systems, a replacement system site shall be located for future use.

(4) Alteration of a building serviced by existing holding tanks will require an

updated Holding Tank Agreement, one (1) which meets the requirements of this

law. A copy of this completed agreement shall be attached to the permit.

(5) All systems shall be inspected by the Tribal inspector at the time of system

and/or building alteration to ensure that proper materials and methods are being

used.

(6) Reconnecting to an undersized system shall be allowed only if an affidavit for

the use of the undersized system is recorded in the Oneida Nation Register of

Deeds and an adequate area exists for a replacement system.

(7) When a change in the use of a building or premises is contemplated, the

Environmental Health and Safety Division shall be contacted as to whether it shall

be necessary to obtain a sanitary permit or a building alteration permit.

(f) Change of plumbers

(1) A Tribal building alteration permit shall be required when an existing private

sewage system is intended to serve a building which is to be remodeled such that

there will be an increase in the wastewater load from the that building or where the

building which is to be remodeled such that there will be an increase in the

wastewater load from that building or where the building is to be rebuilt or

replaced with a new or different use or building.

(2) Prior to issuing a building alteration permit, the existing private sewage system

shall be examined. No permits will be issued unless the following conditions are

met:

(A) The system is functioning properly, pursuant to this law. A State of

Wisconsin Licensed Plumber s statement regarding the condition of the

system shall be provided.

(B) The system will be capable of handling the proposed wastewater load

from the building to be served.

(3) Soil boring data to a depth of three feet (3’) below the bottom of the existing

system shall be reported by a State of Wisconsin Certified Soil Tester. For all soil

absorption systems, a replacement system site shall be located for future use.

(4) Alteration of a building received by existing holding tanks will require an

updated Holding Tank Agreement, one (1) which meets their requirements of this

law. A copy of this completed agreement shall be attached to the permit.

4 O.C. 407 – Page 13

(5) All systems shall be inspected by the Tribal inspector at the time of system

and/or building alteration to insure that proper materials and methods are being

used.

(6) Reconnecting to an undersized system shall be allowed only if an affidavit for

the use of the undersized system is recorded in the Oneida Nation Register of

Deeds and an adequate area exists for a replacement system.

(7) When a change in the use of a building or premises is contemplated, the

Environmental Health and Safety Division shall be contacted as to whether it shall

be necessary to obtain a sanitary permit or a building alteration permit.

(g) Change of Plumbers

(1) When an owner wishes to change plumbers, the owner must complete a Tribal

Change of Plumbers Form, signed by the new plumber. The form must be

submitted to the Environmental Health and Safety Division, along with the

applicable fees.

(2) The change of plumbers shall take place prior to the installation of the private

sewage system.

(h) Modified Mound and Experimental System Permits

(1) Sanitary permits of modified mounds and experimental systems shall only be

approved for existing buildings. Not all sites are suitable for modified mounds and

experimental systems.

(2) Sanitary permits for modified mounds and experimental systems shall be

approved by the Environmental Health and Safety Division only on an individual

basis.

(3) Modified mounds and experimental system sanitary permit applications are

subject to all requirements of a regular sanitary permit, in addition to any

additional requirements deemed necessary by the Environmental Health and Safety

Division. Additional information may include, but is not limited to: more frequent

inspections, additional soil borings, groundwater monitoring or contour maps.

(i) Site Evaluation

(1) A site evaluation may be necessary to determine the suitability of a lot for a

private sewage system. Site evaluations will be made at the discretion of the

Environmental Specialist. The evaluation shall take place within ten (10) working

days of becoming aware of question of suitability and will be made prior to the

issuance of the sanitary permit. The site evaluation will result in one (1) of the

following:

(A) Issuance of the permit, provided all information on the application is

correct and complete.

(B) Holding the application pending clarification of information or new

information by the owner, the plumber or the certified Soil Tester.

law.

(2) Soil test pits shall be constructed which allow adequate visual observations of

the soil provide in place. This is best accomplished by the construction of backhoe

pits. The test pits shall be left in such a manner that will permit access to them for

4 O.C. 407 – Page 14

the evaluation of the soil protection were provided. Bore holes shall be either

fenced or closed within five (5) days of the date of inspection.

(3) Site evaluations shall be done prior to issuance of permits for a mound system.

(j) Permit Denial

(1) When an on-site evaluation of a proposed private sewage system or pit privy

reveals that the site is compliance with the requirements of this law, the permit

application shall be approved. Written justification of the denial must be supplied

to the owner of the Environmental Health and Safety Division within five (5)

working days of the decision.

(k) Holding Tank Agreements

(1) Prior to the issuance of a sanitary permit for the installation of a holding tank,

the owner of the holding tank, or his/her agent, shall sign and register a Holding

Tank Agreement with the Oneida Nation or a State of Wisconsin Licensed

Plumber. The purpose of the agreement is to ensure that the holding tank

wastewater will be properly disposed of.

(2) Holding tank owner shall sign a servicing Contract with the Oneida Utilities for

sewage disposal and must comply with the following requirements:

(A) The holding tank owner shall sign a Servicing contract with the Oneida

Utilities for regularly scheduled servicing of the holding tank by the

Tribally-licensed septic tank pumper. Copies of the servicing contract shall

be attached to the holding tank agreement.

(B) The holding tanks shall be chained and locked at all times, and the

chain, lock and lock keys shall be the property of the Oneida Utilities, to

prevent unauthorized removal of the holding tank wastewater.

dates, owner s names and servicing locations, gallons serviced, and

disposal locations for all owner s names and servicing locations, gallons

serviced, and disposal locations for all holding tanks on registered

Servicing Contracts. This log shall be sent to the Environmental Health and

Safety Division by the 15th of every month, for the previous month s

activities.

(3) Holding tanks owners who contract with a Non-tribal Septic Tank Pumping

Service must comply with the following requirements:

(A) The holding tank owner shall sign a Servicing Contract with the Nontribal Septic Tank Pumping Service for regularly scheduled servicing of the

holding tanks copies of the Servicing contract shall be attached to the

Holding Tank Agreement.

(B) The holding tanks shall be chained and locked at all times.

requirements:

(i) The Septic Tank Pumper must have a valid State of Wisconsin

license, and must meet all requirements of NR 113, Wisconsin

Administrative Code.

(ii) The Septic Tank Pumper must follow all of the Nation’s

4 O.C. 407 – Page 15

disposal requirements.

(D) The Non-tribal Septic Tank Plumber shall keep a log of the holding

servicing dates, owners names, and servicing locations, gallons serviced, an

disposal locations of all holding tanks on registered servicing contacts. This

log shall be sent to the Environmental Health and Safety Division by the

15th of every month, for the previous month s activities.

(4) The signed Holding Tank Agreement shall be binding upon the owner, the

heirs of the owner and assignees of the owner, or the authorized agent.

(5) Removal of the holding tank wastewater by persons other than those employed

by the Oneida Utilities, or those State of Wisconsin-licensed Septic Tank Plumbers

approved by the Environmental Health and Safety Division, shall constitute a

violation of this law. Such violations which occur on Tribally-leased land shall

constitute a violation of the Tribal land lease.

(l) Maintenance Program

(1) All soil absorption system tanks shall be pumped by a Tribally-licensed or

State of Wisconsin-licensed septic tank pumper within two (2) years of the date of

installation and at least once every two (2) years thereafter, unless upon inspection

the tank is found to have less than one third (1/3) of the volume occupied by

sludge and scum.

(2) All private sewage systems installed after the date of adoption of this law shall

be inspected once every two (2) years for system compliance and tank integrity.

Additional inspections, or inspections of systems installed prior to the date of law

adoption, may be performed upon request by the system owner.

(3) Inspection of a private sewage shall be conducted by a Registered Sanitarian,

the Tribal Environmental Specialist, a Master Plumper, a Journeyman Plumper or a

Registered Plumper licensed by the State. Inspections may also be performed by

training program and have received authorization from the Nation. Re-certification

of the authorized tribal employees shall be required on a yearly basis, and shall be

provided by the Environmental Health and Safety Division. The inspections shall

be performed at the same time as the tank pumping.

(4) The owner of said soil absorption system shall submit information as to the

condition of the system and tank, and the date of pumping, to the Tribal

Environmental Health and Safety Division within ten (10) days of the date of

inspection of the tank is made by an authorized Tribal employee.

(5) The owner of a holding tank shall sign and register a Holding Tank Agreement,

as specified in section 407.5-1(i) of this law, and shall be subject to all

requirements stated in section 407.4-1(d)(1).

(6) Non-tribal Septic Tank Pumpers who are approved by the Environmental

Health and Safety Division to service on-site waste disposal systems must comply

with the following requirements:

(A) The Septic Tank Pumpers must have a valid State of Wisconsin license,

and must meet all requirements of NR 113, Wisconsin Administrative

Code.

(B) The Septic Tank Pumper must obtain a Tribal Vendor s Permit prior to

4 O.C. 407 – Page 16

servicing any tanks.

reporting requirements.

(m) Permit fees shall be set and periodically amended by the Oneida Business Committee.

Fees may be reduced by fifty percent (50%) if the inspections are performed by Indian

Health Service agents. All fees must accompany permit application. Fees are payable by

check to the Oneida Nation . No out-of-state checks will be accepted. Failure to pay

permit fees constitutes a violation of this law. Applicable fees are as follows:

(1) Private Residential Building Sanitary Permit:

(A) Conventional soil absorption systems:

$20.00

(B) In-ground pressure distribution system:

$20.00

(D) Mound systems, modified mound systems, at gate systems and

experimental systems:

$50.00

(2) Public and Commercial Building Sanitary Permits:

(A) Conventional soil absorption systems:

$45.00

(B) In-ground pressure distribution systems:

$45.00

$90.00

(D) Mound systems, modified mound systems, at grade systems an

experimental systems:

$150.00

(3) Other Fees:

(A) Sanitary renewal:

$5.00

(B) Change of Plumber fee:

$5.00

(D) Building alteration permit fees:

Private Residential building

$20.00

Public and Commercial buildings

$45.00

407.6-1. Inspections

407.6-1. General

(a) All private sewage shall be inspected after construction and before backfilling. The

inspections shall be performed within the following work day excluding Saturdays,

Sundays, and holidays after receiving notice from the licensed plumber responsible for the

installation.

(b) A Tribal Site Inspection form shall be completed by the Environmental specialist or

Tribal inspector. A copy of the report shall be sent to the system owner.

407.6-2. Notice for inspection.

(a) The plumber employed to install the system shall notify the Environmental Specialist

in person, by telephone or in writing when the on-site waste disposal system is ready for

inspection.

(b) The owner shall be notified of regular inspections within twenty-four (24) hours of the

inspection. If the owner cannot be reached within the twenty-four (24) hour period, the

inspection shall continue as scheduled. No prior notification shall be required for

compliance inspections for holding tanks.

4 O.C. 407 – Page 17

407.6-3. Preparation for inspection

(a) When an on-site waste disposal system is ready for inspection, the plumber employed

to install the system shall make such arrangements as will enable the Environmental

Health and Safety Division inspector to inspect all parts of the system.

(b) The plumber shall have present the proper apparatus and equipment for conducting the

inspection and shall furnish such assistance as may be necessary in making a proper

inspection.

407.6-4. Holding Tank Inspections

(a) All site constructed holding tanks shall be inspected after the forms have been set and

reinforcing is in place; but before any concrete has been poured. Concrete may be poured

only after it has been determined that the tank, as formed, complies with the plans as

approved by the Department.

(b) This inspection shall not eliminate the need for an inspection after the installation has

been completed.

407.6-5. Privy Inspections

(a) All privies installed shall be inspected for compliance with this law. The home owner

or his agent shall notify the Environmental Health and Safety Division for inspection

immediately after the privy has been constructed.

(b) Privies may be inspected periodically after the initial inspection.

407.6-6. Mound Inspections

(a) All mound systems shall be inspected during construction by an inspector certified by

the Nation. The plumber installing the mound shall notify the Environmental Specialist

twenty-four (24) hours in advance of the installation. Four (4) inspections of the system

shall be made during the first year of the mound operation in accordance with Tribal

guidelines. Annual inspections may be made after the first year of operation, and may be

more frequent if deemed necessary by the Environmental Specialist.

407.6-7. Re-inspections

(a) The Environmental Specialist may require additional inspections other than the

inspection prior to backfilling, or if the initial inspection disclosed that the installation was

incomplete at the time the installer indicated it would be complete, or if the system was

not in conformance with the requirements stated in this law.

407.6-8. As-built Plans

(a) All on-site waste disposal systems installed, enlarged, modified, or expanded after the

adoption date of this law shall require as-built plans to be registered with the

Environmental Health and Safety Division.

(b) The plumber employed to install the system shall submit the as-built plans to the

Environmental Health and Safety Division within five (5) days of the installation of the

system.

of this law. It shall also include the location of all manhole risers installed as part of the

system for which the as-built is being developed. The manhole covers and other portions

of the system shall be located from two (2) permanent points (i.e., corners of the building

served).

407.6-9. Covering of Work

(a) No part of the private sewage system may be backfilled until it has been inspected and

4 O.C. 407 – Page 18

approved. If any part is covered before being inspected and approved it shall be uncovered

at the discretion of the Environmental Health and Safety Division inspector or Indian

Health Service Inspector.

407.6-10. Defects in Materials and Workmanship

(a) If inspection discloses defective material, design, siting or unworkmanlike construction

which does not conform to the requirements of this law, the nonconforming parts shall be

removed, replaced and re-inspected.

407.7.

Administration and Enforcement

407.7-1 . Variances

(a) A request for a variance to the conditions or requirements of this law may be made to

the Environmental Specialist. The Environmental Specialist shall not have the authority to

approve any variance request. The Environmental Resource Board shall issue written

approval or denial of any variances requested.

(b) Parties disagreeing with the determination of the Environmental Resource Board may

contest the decision by filing a complaint to the Judiciary in accordance with section

407.7-5.

407.7-2. Violations

(a) Any person who violates any provision of this law is subject to penalties and

forfeitures provided for by this law and any resultant rules. Actions which constitute a

violation are described in, but not limited to, the following:

(1) Installing a new on-site waste disposal system without first obtaining a Tribal

Sanitary Permit.

(2) Modifying, altering, enlarging or constructing additions to an existing on-site

waste disposal system without first obtaining a Tribal Sanitary Permit or a

Building Alteration Permit.

(3) Servicing or removing sewage from an on-site waste disposal system tank

without a valid State of Wisconsin or Tribal license.

(4) Failing to obey any requirement of an Administrative Enforcement Order.

(5) Failing to properly display the Sanitary Permit card.

(6) Failing to disconnect a failing private on-site waste disposal system within the

Order. Building served by disconnected failing on-site systems shall be

reconnected to public sewer systems.

(7) Failing to connect a building served by a private on-site waste disposal system

to a public sewer system within the time allotted by section 407-4.1(f) of this law,

or the date stated in the Order.

(8) Installing, modifying, altering, enlarging or making additions to any part of an

on-site waste disposal system without a valid State Plumbing License. Privies are

exempt from this requirement.

(9) Failing to pay Tribal permit fees

(10) Failure to correct a failing on-site waste disposal system within three (3)

months of an Administrative Order. A failing on-site waste disposal system

constitutes a threat to public health.

(11) Failure to maintain a system through regularly scheduled pumping, pursuant

to holding tank agreement and maintenance program of this law. Failing to

4 O.C. 407 – Page 19

maintain a holding tank through regularly scheduled pumping constitutes a threat

to public health.

407.7-3. Administrative Orders

(a) The Environmental Specialist may issue an Administrative Enforcement Order when a

violation of any provision of this law occurs, to provide the owner or agent the

opportunity to bring their action into compliance with the provisions of this law.

(b) The Order shall be given to the party responsible for the violation and shall state the

nature of the violation, possible penalties for failure to correct, and shall state the right to

contested the matter with the Oneida Judiciary.

407.7-4. Penalties

(a) The Environmental Resource Board is hereby granted administrative rulemaking

authority to establish penalties for violations of this law. Except as provided in section

407.5-5(b), forfeitures for violations shall amount to not less than ten dollars ($10) and not

greater than fifty dollars ($50) per violation. Each day such violation continues constitutes

a separate offense.

(b) Forfeitures for violations which constitute a threat to public health shall not be less

than fifty dollars ($50) and not more than two hundred dollars ($200) per violation. Each

day such violation continues constitutes a separate offense.

407.7-5. Appeal Permit Decision. Any person wishing to contest a decision of the Department

related to a permit may appeal such action by filing a complaint with the Judiciary Trial Court

naming the Department.

407.7-6. Contested Action Hearings. All citations, penalties, forfeitures, orders and declarations

issued pursuant to this law shall include a pre-hearing date with the Judiciary Trial Court which

shall be set for the next scheduled monthly prehearing date that is at least thirty (30) days after the

citation was issued. Persons wishing to contest a citation shall appear at the prehearing, at which

time the Judiciary Trial Court shall accept pleas which either contest or admit committing the act

for which the citation was issued. The Judiciary shall schedule a hearing as expeditiously as

possible, provided that it shall be scheduled within ninety (90) days of the date of the prehearing,

for all persons entering a plea contesting the fact that they committed the act for which a citation

was issued. In addition to scheduling requested hearings, the Judiciary may also make conditional

orders at the prehearing which are effective until the matter is resolved.

(a) Community Service. Community service may be substituted for fines at the Judiciary’s

discretion, provided that, if so substituted, the Judiciary shall use the rate of one (1) hour

per ten dollars ($10.00) of the fine.

(b) Allocation of Citation Revenue. All fines and penalties issued by citations are payable

to the Environmental Resource Board or its designee, the proceeds of which the

Environmental Resource Board shall contribute to the Nation’s general fund.

the determination of the Judiciary Trial Court may appeal the applicable determination to

the Judiciary’s Court of Appeals in accordance with the Rules of Appellate Procedure.

(d) Pursuing Payment of a Citation. The Environmental Resource Board may pursue

payment from parties who have failed to make the required payments through the

garnishment process contained in the Garnishment law and/or by attaching a Tribal

member’s per capita payment pursuant to the Per Capita law.

407.7-7. Severability

4 O.C. 407 – Page 20

(d) Conflict with Federal Law. Should any part of this ordinance be found to be in conflict

with federal requirements which are required in order that the Oneida Nation receive

federal funds, the conflicting section of this law is to be considered inoperative only for

purposes of that particular funding and that inoperative only for purposes of that particular

funding and that particular conflict. Such conflict shall not affect the operation of the

remainder of this law in its application to those agencies or departments directly affected.

407.7-8. Waiver of liability

(a) This law shall not create a liability on the part of or a cause of action against the

Nation, or any employee thereof, for any private on-site sewage treatment system which

may not function as designed. There shall be no liability of warranty for any site which is

approved or denied. The issuance of a sanitary permit and the formal inspection of such a

system does not warrant the system s function, nor is there a guarantee that the system is

free of defects or that all aspects of the system comply with the requirements or this

ordinance.

Adopted - BC-10-28-88-A

Amended – BC-07-26-17-C

4 O.C. 407 – Page 21

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.