MINUTES

LINN SANITARY DISTRICT

April 15 , 2009

1:00PM Conference Room

Walworth County Land Use Resource Management Dept.

Elkhorn, WI

Present: Louise Olson, Tom Busalacchi, Rich Scholze, Jim Livingston, Ted Peters, Michael Cotter, Rich Dorgay.

Peters explained the history of Linn Sanitary District’s inspection program and where it is now and where they wish to go. After inspecting over 1,300 Private On-Site Wastewater Treatment Systems, the District has proceeded to get all systems in the District either on a 3 year maintenance program with the County or if the systems were “illegal” to get them upgraded or replaced.

Peters explained what the District designation of “illegal” means. For the purpose of this grading system, an illegal system is a systems where the tank was found to not be water tight from either it being a cesspool, cracked, leaking, bottomless, constructed of brick or block or there is a presence of roots in the tank. Through our inspection program we identified about 159 such system.

J. Livingston further explained the District’s grading system which included; F=functional, U=unknown where either the tank or soil absorption system were not found, R=need minor repairs, and I=illegal. He mentioned that the inspection reports included a definitive evaluation as well as some “comments” by the inspectors. All of this info went into the grading. It was also mentioned that this info is all data based in Access.

The discussion than addressed the efforts made to date on taking the next step after the inspections. The county’s goal is the same as the District’s, that of replacing or upgrading all failing systems and to get all operating legal systems on a maintenance program.

The dovetailing of the systems into the County’s three year maintenance program began last year. During the summer of 2008 and working with Rick Dorgay, the list of properties ready to move into the maintenance program has been slowly integrated into the mailings for three year maintenance sent out by the County.

A letter was sent to the remaining 159 “illegal” system that explains the owner’s responsibilities to get the system upgraded. The letter was sent to the County for their review prior to being sent out. Peters gave a copy of the letter to R. Dorgay for his files. In that letter the District gave the homeowner till July 1, 2009 to initiate the replacement or upgrade. The District would track it by monitoring Sanitation permits issued by the County.

R. Dorgay gave Peters an updated list of properties on the “illegal system” list that have taken out a permit for replacement or upgrade. It was also explained by R. Dorgay that now the County issues the permit upon application and that it is good for 2 years. It was further explained that to receive the permit all the field work has to be completed, including site review, soil testing and system design. Thus the property owner will need to hire licensed people to complete the needed work to get the sanitation permit.

The discussion then centered on the County’s authority to condemn a system and their willingness to do so with properties that do not move forward with replacement or upgrades.

It was agreed that the Linn Sanitary District will make every attempt to work with the home owners in a manner that continues to move ahead with the upgrades or replacement but progress will need to be shown.

Because of their authority to condemn systems, the County would be the “bad cop”. They would be the enforcing authority mentioned in the District’s letter to owners of illegal systems. It was mentioned that when the time came to report illegal systems where no permit had yet been taken out, the County would handle it as a complaint is presently handled.

A timeline was then discussed. It was suggested the LSD send out a letter about a month prior to July 1, 2009 deadline with a list of licensed personal that they will need to contact to take care of replacement or upgrade. Shortly following the July 1, 2009 deadline a final letter would be sent out by the District and inform them of the next step involving the County and their enforcement authority. In this letter it was suggested that the fine be mentioned. If nothing is done enforcement would start sometime around September 1, 2009. Peters said he would like to have that last letter go out before residents leave at the end of summer.

The enforcement process would start with a site visit by the County to confirm the situation. The County would then follow with a letter stating the owner has 30 days to initiate compliance. They would monitor the progress with a possible fine of $663 per day with each day considered a separate violation if there is no compliance.

Copies of all letters sent to the property owners would also be sent to the County prior to being sent. The District will also send copies of the specific inspection reports for each property that they are asked to follow up on with enforcement.