NOTE: FEES MAY BE CHANGED AT ANY TIME Ordinance No 110706 AN ORDINANCE GOVERNING THE CONSTRUCTION, MODIFICATION, INSTALLATION AND OPERATION OF ON-SITE DISPOSAL SYSTEMS/WASTEWATER TREATMENT FACILITIES WITHIN THE COUNTY, REQUIRING CERTAIN PERMITS AND QUALIFICATIONS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF WHEREAS, The Missouri Revised Statute Section 192.300 provides that the county health center board may make and promulgate orders, ordinances, rules or regulations, respectively as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable or dangerous diseases into such county, but any orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the Department of Health and Senior Services in accordance with this chapter or by the Department of Social Services under Chapter 198, RSMo. WHEREAS, Missouri Revised Statutes Chapter 192 Department of Health and Senior Services Section 192.300 authorizes the county health center board to establish and collect fees for services performed by County Officers and employees; and WHEREAS, Dallas County Health Department Board of Trustees recommended the adoption of the Missouri Revised Statutes Chapter 701 State Standards, Sections 701.025 to 701.59, Rules of Department of Health and Senior Services Division 20, Chapter 3 and Missouri Department of Health Environmental Health Operational Guidelines Section 5.0 On-Site Sewage with certain amendments. WHEREAS, Adoption of this ordinance will benefit the health and welfare of the citizens of Dallas County Section 1 Authority Authority for onsite sewage systems Authority to regulate Onsite Sewage systems comes from the Revised Statutes of Missouri 701.025 to 701.059, and the Code of State Regulations 19 CSR 20-3.060 - 080. Section 2 Definitions Adoption of 701.025 with amendments contained within this document 2.01 The following words and phrases shall have the following meanings in this document: 1 "Department", the Dallas County Health Department of Buffalo, Missouri 2 “Commission” the Dallas County Commission 3 “County Health Officer” the administrator of the Dallas County Health Department or a designee of the administrator 4 "Board", the Board of Trustees of the Dallas County Health Department 5 "Existing system", an on-site sewage disposal system in operation prior to September 1, 1995 6 "Human excreta", undigested food and by-products of metabolism which are passed out of the human body; 7 "Imminent health hazard", a condition which is likely to cause an immediate threat to life or a serious risk to the health, safety, and welfare of the public if immediate action is not taken; 8 "Major modification" or "major repair", the redesigning and alteration of an on-site sewage system by relocation of the system or a part of the system, replacement of the septic tank or construction of a new absorption field; 9 "Nuisance", sewage, human excreta or other human organic waste discharged or exposed on the owner's land or any other land from an on-site sewage disposal system in a manner that makes it a potential instrument or medium for the breeding of flies and mosquitoes, the production of odors, or the transmission of disease to or between a person or persons, or which contaminates surface waters or groundwater; 10 "On-site sewage disposal system", any system handling or treatment facility receiving domestic sewage which discharges into a subsurface soil absorption system and discharges less than three thousand gallons per day; 11 "On-site sewage disposal system contractor", any person who constructs, alters repairs or extends an on-site sewage disposal system on behalf of, or under contract with, the property owner; 12 "Person", any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the state of Missouri or any department thereof, or any political subdivision of this state; 13 "Property owner", the person in whose name legal title to the real estate is recorded; 14 "Sewage" or "domestic sewage", human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances. Sewage and domestic sewage waste are further categorized as: a "Blackwater", waste carried off by toilets, urinals and kitchen drains; b "Graywater", all domestic waste not covered in paragraph a including bath, lavatory, and laundry and sink waste; 15 "Subdivision", land divided or proposed to be divided for predominantly residential purposes into such parcels as required by local ordinances, or in the absence of local ordinances, "subdivision" means any land which is divided or proposed to be divided by a common owner or owners into multiple lots or parcels or into platted or unplatted units, regardless of lot size or acreage, as a part of a uniform plan of development; 16 "Subsurface soil absorption system", a system for the final renovation of the sewage tank effluent and return of the renovated wastewater to the hydro-logic cycle, including the lateral lines, the perforated pipes, the rock material and the absorption trenches. Included within the scope of this definition are: sewage tank absorption systems, privies, chemical toilets, single-family lagoons and other similar systems; except that a subsurface sewage disposal system does not include sewage system regulated pursuant to Chapter 644, RSMo; 17 "Waste", sewage, human excreta or domestic sewage 18 “Permit” A written authorization issued by the Dallas County Health Department which authorized the permitted person to construct, install, modify, repair or operate an on-site disposal/ wastewater treatment facility as set forth in this ordinance. 19 “Person” Any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name the state of Missouri or any department thereof, or any political subdivision of this state 20 “Stop Order” A written order issued by the County Health Officer to stop all construction, installation, modification, repair or operation of an on-site disposal system or a wastewater treatment system. 21 “Application” A written design documenting all calculations and alterations including but not limited to: Name of property owner, address and phone number, property description, drawing of plans, address of property where installation/modification/repair is to be done, installer and installer registration number, type of system to be installed, size of system to be installed, size of residence that system will serve. 22 “Director” The director of Missouri Department of Health and Senior Services except when pertains to local regulation or ordinance then it will have the meaning of local health department administrator or designee of the administrator. Section 3 Systems Applicability/Scope of coverage 3.01 Adoption of 701.027 with amendments contained within this document 3.02 These regulations apply to all on-site disposal and wastewater treatment facilities except: 1 Sewage treatment facilities with a maximum daily flow of sewage of three thousand gallons (3,000) or more 2 Wastewater treatment facilities connected to the sewage system operated by or on behalf of an incorporated municipality or incorporated public sewer district within Dallas County 3 There shall be no exemption for single or multiple family residence lots regardless of lot size or acreage, except when falls under authority of Department of Natural Resources. There shall be an exemption of any other use provided all points of the system are ten (10) feet from any property line and no effluent enters an adjoining property, contaminates surface or groundwater or creates a nuisance. 4 There shall be no exemption, regardless of lot size if adjacent to a property operated by the Corps of Engineers or by a public utility. 5 There shall be no exemption, regardless of lot size if constructing or modifying lagoon/wastewater stabilization pond for non commercial usage using 3,000 gallons a day or less. Section 4 Powers and Authority of Inspectors 4.01 The County Health Officer, bearing proper identification shall be permitted to enter all applicable properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. Section 5 Operation of on-site sewage disposal system, restrictions 5.01 Adoption of 701.029 with amendments contained within this document Section 6 Disposal of sewage, who, how, exception 6.01 Adoption of 701.031 with amendments contained within this document 6.02 There shall be no exclusion regarding size and ownership of lot or acreage as provided in RSMo 701.031 regarding such. Section 7 Department of health and senior services--powers and duties--rules, procedure 7.01 Adoption of 701.33 with amendments contained within this document Section 8 Local regulations and standards, requirements--private right to action not preempted 8.01 Adoption of 701.35 with amendments contained within this document Section 9 Violations, notice of, contents, prosecuting attorney to institute proceedings, when--emergency situation, when 9.01 Adoption of 701.37 with amendments contained within this document Section 10 Sewage complaints, investigation by department, when--right to inspect adjoining property, procedure requiring notice, exception 10.01 Adoption of 701.38 with amendments contained within this document Section 11 Clean water commission may take action, rules not to conflict 11.01 Adoption of 701.39 with amendments contained within this document Section 12 Standards for sewage tanks, lateral lines and operation of on-site sewage disposal systems, duties of department--rules authorized 12.01 Adoption of 701.040 with amendments contained within this document Section 13 State standards, content 13.01 Adoption of 701.043 with amendments contained within this document Section 14 Modification or major repair to on-site sewage disposal system, requirements--form--fee, how set--additional fee may be set for training contractors performing percolation tests 14.01 Adoption of 701.046 with amendments contained within this document Section 15 City or county may adopt more restrictive standards 15.01 Adoption of 701.047 with amendments contained within this document Section 16 Modifying or repair of on-site sewage disposal system, noncompliance with standards prohibited 16.01 Adoption of 701.048 with amendments contained within this document Section 17 Fees collected by department to be deposited in public health service fund, purpose 17.01 Adoption of 701.049 with amendments contained within this document 17.02 All moneys collected by the Dallas County Health Department shall be deposited in the Department general funds. Section 18 Construction or repair notice--requirements and inspection--failure to comply with standards, effect 18.01 Adoption of 701.050 with amendments contained within this document 18.02 No person shall construct, install or modify any on-site disposal system or wastewater treatment facility without the permit required herein. 18.03 No person shall construct, install or modify any on-site disposal system or wastewater treatment facilities when the permit has expired or has been suspended or revoked 18.04 No person shall fail to comply with a stop order issued pursuant to this ordinance. 18.05 No person shall construct, install modify or operate any wastewater treatment facilities or any on-site sewage disposal system as defined in 701 RSMo in violation of the provisions in 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. 18.06 All septic and/or pump tank manufacturers and/or distributors within Dallas County or doing business within Dallas County, including those who deliver to a specific property within Dallas County, must notify the appropriate department personnel of the intended delivery no less than three (3) business days prior to delivery of the septic and/or pump tank. Section 19 Inspections by department, who may request--fee--department, may license contractors to inspect 19.01 Adoption of 701.051 with amendments contained within this document Section 20 Violator found guilty not to begin construction for another person without bond or letter of credit--forfeiture when, effect--emergency repairs of--effect 20.01 Adoption of 701.052 with amendments contained within this document Section 21 Registered on-site disposal system contractor, form, qualifications--registration issued by county to be deemed state registration 21.01 Adoption of 701.053 with amendments contained within this document Section 22 Registration of contractor may be denied, suspended or revoked, procedure, appeal—re-registration application may be made when--official roster of contractors published by department, content 22.01 Adoption of 701.054 with amendments contained within this document Section 23 Property owners may install, modify or clean their own on-site sewage disposal system in compliance with requirements, no permit required for cleaning 23.01 Adoption of 701.055 with amendments contained within this document 23.02 There will be no exception for property owners to be able to install, modify or repair their own on-site sewage disposal system. Only installers registered with the Dallas County Health Department may install, modify or repair any on-site waste water treatment inside Dallas County. Section 24 Violations, penalties and fines 24.01 Adoption of 701.057 with amendments contained within this document 24.02 In addition to 701.057, any person found to be in violation of any provision of this ordinance shall be served by the department with written notice, via certified mail, stating the nature of the violation. The notice shall order immediate cessation of the violation and/or a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently correct all violations. Notice shall be deemed to have been given if sent by certified mail to the last known address of the property owner, even if such mail is returned. 24.03 Any person who shall continue the cited violation after notification as provided for in Section 24.02 shall be guilty of misdemeanor as provided in 24.01 and upon conviction hereof shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) for each violation. Each day in which any such violation does continue may be deemed a separate offense. 24.04 Any person violating any of the provisions of this ordinance shall become liable to the department for any expenses, loss or damage incurred by the department by reason of such violation Section 25 Creation of a nuisance on certain residential property is an infraction--sewage disposal system in violation, statute of limitations starts to run, when 25.01 Adoption of 701.059 with amendments contained within this document 25.02 Any person or property owner who creates a nuisance or imminent health hazard as defined in 701.025 regardless of lot size or acreage is guilty of an infraction. Section 26 Issuance of a Stop Order 26.01 A stop order may be issued by the department for, including but not limited to, following reasons 26.011 When substandard materials are being used in construction, installation, modification or repair in a manner which varies substantially from the design or sketch of the on-site wastewater treatment system. 26.012 When an on-site wastewater treatment system is being constructed, installed, modified or operated in violation of this ordinance. Section 27 On-site disposal wastewater treatment systems permit application and fees 27.01 On-site disposal systems/wastewater treatment facilities permit fees are nonrefundable and nontransferable. All applications for new construction must include results of soil test performed in the last 6 months prior to application. Use of percolation soil tests shall not be approved in Dallas County. All fees are due and payable upon submission of the application to the department. No fees will be prorated. Permits will be valid initially for 30 days after issuance unless special circumstances that have been approved by the department warrants an extension. Extensions will be determined on a case by case basis and a written extension for permit will be issued by department. Extensions are not to exceed 60 days from when the initial permit was issued. After 60 days, a new permit application will be required to be resubmitted with the usual permit fee and soil test. 27.02 Fees payable in advance to the Dallas County Health Department are as follows; Fee of $75 for any initial evaluation of single family dwelling permit
Fee of $125 for any initial evaluation of a non-single family dwelling permit
2. Fee of $50 for any system inspection which requires additional evaluation
Fee of $25 annually for the county registration program of registered installers.
Fee of $ 40 for any inspection of existing on-site sewage system performed at the request of a lending institution.
Section 28 Variances 28.01 A variance may be considered and granted by the department after careful consideration of all other options. This variance will be at the discretion of department with assurance for protection of the public health and preservation of the quality of surface and ground water. Any final decision of the department may be appealed. Section 29 Appeals 29.01 Any person aggrieved by any decision of the department may appeal to the Board of Trustees by filing a written application with the Dallas County Board of Trustees PO BOX 199 Buffalo, MO 65622 within 30 days after being notified of the decision which is the subject of the appeal. 29.02 The Board shall schedule a hearing on appeal and shall give the person notice of the date of hearing at least 10 days prior to the hearing date and give the person reasonable opportunity to be heard. 29.03 Appeal hearing to the Board shall be conducted in accordance with the Missouri Sunshine Laws. Any final decisions shall be made in writing and the aggrieved person shall be notified of final decision. Section 30 Severability 30.01 If any article, chapter, section, clause or phrase of this ordinance is, for any reason, held to be invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of the ordinance. 30.02 No statement contained in this ordinance shall be construed to interfere with any additional requirements that may be imposed by the department.