|
|
|
           |
ST.
CLAIR COUNTY
WASTEWATER
TREATMENT SYSTEMS
ORDINANCE
NO.
09-1
RULES and REGULATIONS
As Provided In Section 192.300, RSMo 1986
And
Adopted by St. Clair County August 5, 1996
Enforced By St. Clair County
Health Department AN ORDINANCE GOVERNING THE CONSTRUCTION, MODIFICATION, INSTALLATION AND OPERATION OF WASTEWATER TREATMENT SYSTEMS WITHIN THE COUNTY, REQUIRING CERTAIN PERMITS AND QUALIFICATIONS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. The St. Clair County Health Center Board of Trustees hereby order it as follows: IMMUNITY: The approval of any permits or wastewater treatment system shall not be taken as a guarantee that the system will operate and function as intended. The St. Clair County Commission and The St. Clair County Health Center Board of Trustees or their representatives shall not be liable for damages resulting from the approval by the St. Clair County Health Center or its representatives for the construction, installation, or modification, maintenance or operation of an individual wastewater treatment system.
SECTION 1 - AUTHORITY: The county commissions and the county health boards of the several counties may make and promulgate orders and ordinances or rules and regulations, respectively, as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable, dangerous diseases or suspected disease into such a county, but orders or ordinances and rules and regulations shall not be in conflict with any rules or regulations authorized and made by the Department of Health. SECTION 2 – APPLICABILITY:
All properties in St. Clair County regardless of acreage or lot size must obtain a permit from the St. Clair County Health Center prior to installing any onsite wastewater treatment system These regulations apply to all wastewater treatment systems except for wastewater treatment systems connected to the sewage system operated by or on behalf of an incorporated municipality within the county. And disposal of wastewater from a dwelling, or other facility producing sewage, of three thousand gallons (3000 gals.) or, more per day. Commercial or Industrial facilities and developers of subdivisions must first contact the Missouri Department of Natural Resources concerning compliance with the Missouri Clean Water Law and Regulations. On new construction sites properties must have a Soils Morphology Test from a soil scientist prior to a septic system being installed (exempt lagoons).The Administrative Authority may require Soils Morphology in areas of potential surface water flooding, depth to the water table, and ground water contamination potential as referenced on the county soil survey reports, which are available from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). The Administrative Authority of the St. Clair County Health Center may determine that a State Certified Engineer design the septic system on these restrictive sites. SECTION 3.
DEFINITIONS: The following words and phrases shall have the following meanings: 3:01 Board: The St. Clair County Board of Health Trustees at the St. Clair County Health Department. 3:02 Plan Design: The sketch drawing indicating all set back distances, boundary points, drinking water sources, and the septic tank size, and lateral footage or lagoon dimensions. 3:03 The Health Officer: The Administrator of the St. Clair County Health Department or the Environmental Public Health Specialist 3:04 The Environmental Public Health Specialist: A person who has obtained a Bachelors Degree in Biology, Chemistry, Environmental Health or a related field from an accredited university 3:05 Emergency Condition: A condition of such extreme nature which presents an immediate danger to public, requiring immediate correction without the necessary time to apply for the required permit as set forth herein. 3:06 Health Hazards: Any condition which is known or suspected to cause disease or harm to a person, community or the environment now or in the future. 3:07 Permit: A written authorization issued by the St. Clair County Health Department which authorizes the permitted to construct, install, modify, repair or operate a wastewater facility as set forth in this ordinance. 3:08 Person: An individual, partnership, corporation, association, firm, company, joint venture or any combination of these. 3:09 Stop Order: A written order issued by the County Health Officer or Environmental Public Health Specialist to stop all construction, installation, modification, repair or operation of a wastewater treatment system. 3:10 Septic Tank: A watertight receptacle which is designed to receive the discharge of a building sanitary drainage system that is designed and constructed so as to separate solids from liquid, digest organic matter through a period of detention and allow the liquid to discharge into a soil treatment septic system of other approved systems. 3:11 Aeration Tank: Any sewage tank, which utilizes the principles of oxidation in the decomposition of sewage by the introduction of air into the sewage. 3:12 Holding Tank: A watertight tank for storage of sewage until it can be transported to an approved location site for adequate treatment and disposal 3:13 Potable Water: Water that is free from impurities that could cause disease or harmful physiological effects and with the bacteriological and chemical quality conforming to applicable safe public health standards 3:14 Wastewater: Defined as including, but not limited to any liquid or solids that goes down the drain, excreta, gray water, ground garbage, or any other type of liquid or solids that is harmful to the natural environment. 3:15 Lateral Lines: An absorptive trench excavated laterally, such as: 4” PVC (rock), 10” SB2, EQ 24 Chamber, EZ Flow, or other approved materials. 3:16 Lagoon: Part of a wastewater treatment system consisting of a shallow pond constructed and located in accordance with state and local regulations 3:17 Modification: A change, repair, replacement, or addition to any wastewater treatment system other than routine maintenance as defined in this section 3:18 Routine Maintenance: Any earth removal necessary to empty a sewage tank by a Registered Tank Cleaner; any cleaning or pumping of a wastewater treatment system; the removal of obstructions from a Septic Line from the building to the septic tank, the cleaning or repair of a pump, the cleaning of filtered system, and any other groundwork, which does not affect the operation of the wastewater system. 3:19 Registered Contractors, Engineers, and Installers: A contractor, engineer or installer who registers his business with the St. Clair County Health Center and meets the requirements of any state or local statutes or codes 3:20 Registered Sewage Tank Cleaner: A person engaged in the business of flushing, cleaning, emptying, or pumping any sewage within St. Clair County and meets the requirements of any state or local statutes or codes 3:21 State Registered Engineer: A registered professional engineer, authorized and empowered to operate in the capacity in the State of Missouri, and registered with the Missouri Board of Architects and Professional Engineers and Land Surveyors. 3:22 Wastewater Treatment Septic System: The structure and equipment designed or being utilized to handle, treat, or dispose of wastewater 3:23 Variance: An alteration in the minimum standards due to limitations that are site specific, and will aid in the protection of the public health and preservation of the quality of surface and ground water: (L) Page 37 19 CSR 20-3.060.
SECTION 4 – PROHIBITIONS: No person shall: 4.01 Construct, install, modify, or operate any sewage or wastewater treatment system without the permit or county registration required herein. 4.02 Construct, install, or modify, any sewage or wastewater treatment system when the permit has expired or has been suspended or revoked. 4.03 Fail to comply with an issued pursuant to this ordinance. 4.04 Construct, install, modify or operate any sewage or wastewater treatment system or any “on-site sewage disposal system” as defined in 701, RSMo in violation of the provisions of Chapter 701 or in violation of any construction, modification or operation permit issued by the Missouri Department of Natural Resources or any other federal or state agency. 4.05 Live, work or assemble in any building or assemble at any public gathering six (6) or more hours in duration where sanitary disposal of all human wastes and domestic sewage is not provided by methods or devices approved by the department. It shall be the responsibility of the property owner to comply with this section.
SECTION 5 - PERMIT APPLICATION PROCEDURE AND REQUIREMENTS: 5.01 Any person desiring to construct, install or modify a wastewater treatment system must first obtain a valid permit issued by the St. Clair County Health Center and follow procedures and regulations in applying for a permit Applicant shall provide the following information: a. Submit a written application to the St. Clair County Health Center b. Submit a design plan, specifications, and other pertinent information pertaining to supplies and equipment to be used in construction of the wastewater treatment system and any additional information requested by the Health Center.
c.
On new construction
submit a Soils Morphology report. d. Post the permit visibly at the job site from the nearest public road. e. Emergency conditions must be reported immediately, or on the next working day in writing, to the St. Clair County Health Center and a corresponding application for a permit for such emergency condition must be submitted within five (5) days after reporting of said emergency condition.
SECTION 6 - APPLICATION PROCESSING PROCEDURE: All permit applications will be processed in the following manner: 6.01 All permit applications will be reviewed and approved or disapproved within fifteen days from the date the application is received. 6.02 All plans and specifications must meet or exceed the requirements of this ordinance 6.03 When all of the documentation is processed and approved, a permit will be issued to the owner, or owners representative. 6.04 Whenever the plans submitted are in noncompliance with state and county standards, then a denial will be issued 6.05 Any aggrieved applicant may request a hearing in accordance with this ordinance
SECTION 7 - CONSTRUCTIONS AND OPERATION IN COMPLIANCE ISSUED
PERMITS 7.01 The Permitted is responsible to conduct all construction, installation, or modification of any wastewater treatment system in accordance with the terms and conditions of the permit. A new application or amended application must be refilled with the Health Center to obtain a modification of a new permit. No modification shall be implemented until a new or modified permit has been issued or a waiver given pursuant to this ordinance. 7.02 The owner is required to operate and maintain the wastewater treatment System in full compliance with the conditions of the permit and all provisions of this ordinance. 7.03 At the discretion of the Health Center, a deviation from the prescribed requirements may be granted if materials and or procedures specified in the permit cannot be obtained or accomplished and alternative material and procedures are approved by the Health Center and duly noted on the permit. 7.04 The Owner or Installer shall notify the Health Center to arrange for a date and a time specified to allow an inspection and approval of the wastewater treatment system prior to backfilling. 7.05 Backfilling may be allowed at the discretion of the Health Center. A final inspection must be conducted up to sixty percent of on-site sewage disposal systems constructed, modified or repaired by a registered installer under Section 701.053 to 701.055. 7.06 All Registered Installers are required to photograph all portions of the waste water treatment systems prior to backfilling when a final inspection is not conducted by the Health Center
SECTION 8 - MODIFICATION OF A PERMIT 8.01 Any plans submitted to the Health Center may be modified at any time by the Health Center 8.02 To bring the proposed plan into compliance with this ordinance 8.03 For any reasons necessary to prevent an Environmental Health Hazard
SECTION 9 - PERMIT DURATION AND EXTENSION 9.01 The Permit expiration date will be recorded on each permit issued 9.02 The Permit shall not exceed one year from the date that it is issued 9.03 Permits issued to resolve such Complaint cases shall not exceed ninety days from the date that it is issued, unless an extension is given by the Health Center 9.04 Permits will be issued to the authorized representative and such authorizations must be in writing on the application 9.05 Permits may be extended by the Health Center for a good cause, such extension requests must be submitted to the Health Center and should not be received not less than five (5) days prior to the expiration date of the permit. SECTION 10 - SEPTIC TANK CLEANING STANDARDS. 10.01 Inspection of equipment and dumping site: The County Health Officer shall inspect or cause to be inspected the equipment and dump site of the registered Tank Cleaner for the purpose of determining if his equipment and dumpsite is in good operating condition and if the same are being operated and maintained in a sanitary and healthful manner, and in compliance with this ordinance. The discharge of wastewater or sewage from the tank truck shall be emptied by using hoses and connections that are approved by the County Health Officer. An inspection of the dumpsite will be conducted, as the County Health Officer deems appropriate. 10.02 The property owner of the dumping site and Registered Tank Cleaner must have an agreement, on file with the County Health Officer to use the property as a sewage disposal site, and said dumping site must be approved by the Department of Natural Resources and the St. Clair County Health Center for proper sewage disposal. The Registered Tank Cleaner must use, one of the following methods for disposal: 1. Land application 2. Lagoon 3. Discharge in municipal treatment plant
SECTION 11 - PERMIT SUSPENSIONS OR REVOCATION 11.01 The Health Officer may suspend or revoke a permit for a wastewater treatment system for the following reasons: a. Non-compliance with the term of the permit b. Unauthorized modifications in design or construction c. Falsification of information submitted d. Non-compliance with DNR 10 CSR 20-8.021 or 19 CSR 20-3.060 of the State Regulation e. If for any reason the construction, operation, or modification would constitute a violation of this ordinance or be a Health Hazard 11.02 Before a permit will be suspended or revoked, the permitted will be given ten working days to correct the construction, installation, or modification in order to come into compliance with all the laws, ordinances, and regulations pertaining to the permit. SECTION 12 - STOP ORDER 12.01 A Stop Order may be issued by the Health Center for the following reasons: a. When substandard materials are being used in construction, installation, or modification of the wastewater treatment system. b. When a wastewater treatment system is being constructed, installed, modified, or operated in violation of this ordinance c. When wastewater discharge constitutes an Environmental health hazard causing pollution to the adjoining neighbor's property, or to the ground and surface waters of St. Clair county, or causes foul and obnoxious odors to near by residences. d. Any other improper handling of wastewater that violates this ordinance
SECTION 13 -
INSPECTIONS
13.01
The St. Clair
County Health Center shall have full power at anytime
to enter onto any property to cause or conduct an
inspection of any
wastewater treatment system under construction,
installation,
modification or operation of any wastewater treatment
system located within the county.
SECTION 14 - MINIMUM STANDARDS FOR A WASTEWATER TREATMENT
Any wastewater treatment system shall meet the following regulations and requirements: 14.01 Section 303, 208, and 201 of the Federal Clean Water Act and 10 CSR 20-8.021 (Individual Sewage Treatment System Standards) and chapter 701 RSMO, Department of Health Rules, and 19 CSR 20-3.060 or any local regulations adopted by the St. Clair County Health Center Board, 14.02 Minimum lot size and restrictions for permit requirements: a. No wastewater treatment system shall be constructed on a tract of ground, which does not contain a minimum of 10,000 square feet of suitable land for sewage disposal as determined at the discretion of the St. Clair County Health Center b. All portions of the septic tank shall be at least fifty feet away from any potable water source used for human consumption. The lateral lines or lagoons must be at least one hundred (100') feet from any potable water source used for human consumption. Lateral lines must be ten foot, (10') from any adjoining property lines. Lagoons must be at least one hundred feet (100') from the residence it serves, and at least two hundred feet (200') from the nearest existing residence. The Lagoon shall be at least fifty feet (50') from stream, watercourse, lake or impoundment. c. When the property’s potable water is supplied by a rural water district, any portion of the Wastewater Treatment System shall be a minimum of ten feet from any portion of the rural water district lines d. When a Lagoon is used as part of the Wastewater Treatment System, the Lagoon must be seventy-five feet from all property lines 14.03 Septic Tank size shall be a minimum of a one thousand gallon capacity concrete tank, Polyurethane, or other materials, Where the top of the tank is located more than eighteen inches (18") below the finished grade, manholes and inspection holes shall extend to approximately eight inches (8") below the finished grade. A six-inch (6") inspection port shall be provided over the inlet and outlet baffles of each tank and terminated at or above grade. An inspection port shall not be used as a pump out access. A manhole cover at or above grade may also serve in place of inspection ports; all manhole covers, which terminate below grade shall be covered with at least six (6") of earth. 14.04 The Wastewater Treatment System shall have a minimum of 400 square feet of lateral line, (200 linear feet), or six hundred square feet of lateral bed, (300 linear feet), for disposal of effluent in accordance with 19 CSR 20-3.060. 14.05 Lagoons shall have a septic tank ahead of the lagoon. The lagoon shall be a minimum of thirty by thirty or 900 square feet or four hundred forty square feet ( 440') of water surface area per bedroom at the three foot (3') operating level of surface water three to five feet deep, fenced, Mowed and free of all algae, duckweed, and other aquatic vegetation. No trees can shade the lagoon. Routine maintenance is required. No more than one (1) single-family residence will be allowed on one (1) Lagoon. The minimum embankment top width shall be four foot (4'). The embankment slopes shall not be steeper than three to one (3:1) on the inner and outer slopes. inner slopes shall not be flatter than four to one (4:1). Outer embankment slopes shall be sufficient to prevent the entrance of surface water into the lagoon. Freeboard shall be at least eighteen inches (18"). To minimize erosions and facilitate weed control, embankments shall be seeded with a hardy grass from the outside toe to one foot (1') above the water line. effluent from the Lagoon must be disposed of on the property from which it originates. An outlet pipe can be installed eight inches (8") lower on the inlet end than the outlet end of the pipe. This may be accomplished by locating as far as practical, from the property line and out of any natural drainage ditches or swales. Steeply sloping areas should be avoided. (For detail design data refer to 19CSR 20-3.060 Page 27 D) 14.06 Other innovative systems may be approved by the St. Clair County Health Center, when site conditions dictate 14.07 A Holding Tank may be required on restrictive lot campsites as determined by the Department of Natural Resources and the St. Clair County Health Center which are the regulatory authority and must issue this approval. A pumping agreement must be kept on file with the Health Center Gray water pits are not allowed in St. Clair County as of the adoption of this Ordinance.
SECTION 15 - REGISTRIES OF PERSONS ENGAGE IN WASTEWATER
TREATMENT SYSTEM PROJECTS 15.01 Every person engaged in the business of construction, installation, or modification of wastewater treatment systems within St. Clair County must hold a State installers license and maintain a registration with the County Health Center. Every person who does cleaning of wastewater treatment systems must register with the St. Clair County Health Center 15.02 The County Health Board may adopt rules and regulations establishing qualifications and minimum standards of experience, training, and knowledge for persons desiring to register under this Ordinance 15.03 Any persons whose application for registration under this section has been denied will be notified in writing as to the reasons for denial as soon as practical after application is made 15.04 Whenever the Regulatory Authority determines that a holder of a valid registration has violated any provision of this Ordinance, then the appropriate Administrative measures will be taken to suspend or revoke such registration. If the measures have merit, then the aggrieved party may schedule a hearing on the proposed suspension or revocation case after reasonable opportunity has been given for them to be heard. The St. Clair County Health Center Board will make a decision within ten days of the hearing 15.05 Installers, homeowners, and realtors who apply for registration must attend a wastewater class, take an examination and pass the exam by at least a 70%, and pay ($100.00) fee, annually, as required by this ordinance.(registration fee exempt for homeowners). 15.06 Homeowners may install their own wastewater treatment systems, however the homeowner is required to obtain the required permit, registered with the St. Clair County Health Center by attending a class, passing the examination by a score of at least a 70%. All Wastewater Treatment System
installations must be in accordance with all state standards
and must meet all requirements of this ordinance. Gray
water pits are no longer allowed by state or county
standards. SECTION 16 - WASTEWATER TREATMENT SYSTEM ORDINANCE FEES 16.01 The fee for a single-family dwelling wastewater treatment system permit is one hundred dollars ($100.00) 16.02 The fee for commercial dwelling wastewater treatment system permits is
one hundred and twenty five dollars
($125.00) 16.03 The Registration fee for Installers is ($100.00) annually 16.04 A Waiver of the required permit fee may be issued if the fee would cause undue hardship on the permit applicant. This will only be done at the discretion of the Administrator and proof of income status is submitted to the Administrator of the St. Clair County Health Center
SECTION 17
PENALTIES 17.01 Any person who violates any provision of this ordinance is guilty of a Class “A” misdemeanor. Every day, or any part thereof, in which a violation occurs or continues shall constitute a separate violation.
SECTION 18 - APPEALS PROCESS 18.01 Any person aggrieved by any decision of the St. Clair County Health Center may appeal to the Board of Trustees by filing a written complaint with the administrator within ten days after being notified of the decision, which is the subject of the appeal. 18.02 The Board of Trustees shall schedule a hearing on the appeal, and shall give the person appealing notice of the date of hearing at least ten days prior to the hearing date and give the person reasonable opportunity to be heard 18.03 Appeal Hearings to the Board of Trustees shall be conducted in accordance with the adopted rules and procedures of this ordinance
SECTION 19 - NOTICES 19.01 Any violations, hearings, stop orders, required herein shall be served by one (1) of the following methods: a. By personal delivery b. By depositing the said stop order in ordinary mail, postage prepaid c. By certified mail d. By posting said stop order at the wastewater treatment site
SECTION 20 -
GRANDFATHER CLAUSE 20.01 All persons now operating an individual wastewater treatment system are Grandfathered under this ordinance, however if the system fails, and if restoration is required, a permit is required to restore that portion of the system that has failed. This restored system would have to be approved by the Health Center and meet the minimum standards under this ordinance. 20.02 For properties that do not, as of the date of this ordinance, have a wastewater treatment system, the property owner shall be required to utilize contiguous property, if necessary, to meet the requirements for a wastewater treatment system under this ordinance. If the property owner does not own any contiguous property, which would allow such requirements to be met, the lack of distance between the proposed sites of the wastewater treatment system and the nearby water wells shall not alone be grounds for the denial of a permit, unless prohibited by other applicable laws or regulations.
SECTION 21 - SEVERABILITY 21.01 If any portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and that holding shall not affect the validity of the remaining portion of this ordinance.
SECTION 22 - AMENDMENTS 22.01 This ordinance may be amended at anytime pursuant to RSMO 192.300 SANITATION MAINTENANCE ADPOTING REGULATIONS REGARDING THE ADMINISTRATION OF SEWAGE TREATMENT SYSTEMS STANDARDS BY THE ST. CLAIR COUNTY HEALTH DEPARTMENT. BE IT ORDAINED AS FOLLOWS: Section 1: The St. Clair County Board of Health Trustee hereby promulgates and adopts Regulations, regarding the Administration of Sewage Treatment Systems Standards as recommended and requested by the St. Clair County Health Department. A copy of said Regulations are attached hereto and made a part hereof by reference. Section 2: The County Clerk is hereby ordered to have the attached Regulations printed and available in their office for distribution to the public. Section 3: A copy of this order shall be published in a newspaper in this County on three (3) successive weeks, with the first publication occurring not later than thirty days after the passage of this order. APPROVED THIS ____ DAY OF ______ 2009. ____________________________________ CHAIRPERSON OF THE HEALTH BOARD ATTEST: ______________________________________ COUNTY CLERK AMENDMENTS: |
 |
Copyright (c) 2007 This page updated |
 |
 |
 |