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
ST. CLAIR
COUNTY WASTEWATER TREATMENT SYSTEMS ORDINANCE
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
SYSTEM
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:
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