HENRY COUNTY
WASTEWATER TREATMENT SYSTEMS
ORDINANCE
NO. 89-1
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.
It is hereby ordered by the Henry County Health Center Board of Trustees and the
Henry County Commission as follows:
SECTION 1
Authority
This ordinance is enacted pursuant to Section 192.300, RSMo 1986, which provides,
in part, as follows: “The county commissions
and the county health boards of the several counties 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.
SECTION 2
Applicability
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.
SECTION 3
Definitions
The following words and phrases shall have the following meanings:
3.01
Board: The Henry
County Health Center
Board of Trustees.
3.02
County Health Officer: The Administrator of the Henry County Health Center
and/or the Environmental Public Health Specialist.
3.03
Emergency Condition: A condition of such extreme nature which presents
an immediate danger to public health requiring immediate corrective action without the necessary time to apply for the required
permit as set forth herein.
3.04
Health Hazard: Any condition which is known to cause disease or harm to
a person, community or the environment now or in the future.
3.05
Lagoon: Part of a wastewater treatment consisting of a shallow pond, constructed
and located in accordance with any state or local laws or regulations.
3.06
Lateral Lines: An absorptive trench excavated laterally with various state
approved materials: 4” pvc (rock), 10” SB2, Eq 24 chamber EZ flow
etc.
3.07
Modification: Any change, repair, replacement or addition to any wastewater
treatment system, including any earth removal, to obtain access to any wastewater treatment system or any part thereof. This excludes earth removal necessary to empty a septic tank by a registered tank
cleaner or replacement of the inlet line from
the house to septic tank.
3.08
Permit: A written authorization issued by the Board, duly executed by
the environmental public health staff, which authorizes the permittee to construct, install or modify a wastewater treatment
system in compliance with this ordinance.
3.09
Person: An individual, partnership, corporation, association, firm, company,
joint venture or any combination of these.
3.10
Potable Water: Water free from impurities that could cause disease or
harmful physiological effects, and with the bacteriological and chemical quality conforming to applicable public health standards.
3.11
Registered Installers: An installer or homeowner who registers his business
with the Board and meets the requirements for such registration.
3.12
Registered Tank Cleaner: A person engaged in the business of flushing,
cleaning, emptying, or pumping any septic tank within Henry
County.
3.13
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 an approved system for disposal.
3.14
State Registered Engineers: A registered, professional engineer authorized
and empowered to operate in that capacity in the State of Missouri,
registered as such with Missouri Board of Architects, Professional Engineers, and Land Surveyors.
3.15
Stop Order: A written order issued by the Board, County Health Officer
or designated representative, to stop all construction, installation, modification or operation of a wastewater treatment
system.
3.16
Wastewater: Includes but is not limited to any liquid or solid
that goes down
the drain--excreta, wash-water, ground garbage, or any other type of liquid or solid.
3.17
Environmental Public Health Specialist: A person who has graduated from an accredited four year college with major
specialization in one or a combination following: biology, chemistry, bacteriology, food science, soil science, sanitary service,
or environmental health, or a bachelor’s degree in environmental health or years of experience in qualifying areas may
be substituted for deficiencies in the stated education, and taken courses and training required by the Missouri Department
of Health and Senior Services.
3.18
Homeowner-Landowner: A person who is registered with the county to
install a septic system on his/her own property and installs the system themselves.
SECTION 4
Prohibitions and Penalties
4.01
Any person who violates any provision of the ordinance is guilty of a Class A or C misdemeanor. Every day, or any part
thereof, in which a violation occurs or continues shall constitute a separate violation.
4.02
No person shall construct, install or modify any wastewater treatment system, without any of the following requirements:
·
Application
·
Permit (s)
·
County Registration
·
Plan
4.03
No person shall construct, install or modify any wastewater treatment system when the permit has expired or has been
suspended or revoked.
4.04 No person shall fail to comply with a STOP ORDER
issued pursuant to this ordinance. The County Health Officer shall immediately refer such failure to comply to the Prosecuting
Attorney.
4.05
No person shall construct, install, modify or operate any wastewater treatment or any “on-site sewage disposal
system” as defined in 701.025, RSMo, in violation of the provisions of chapter 701.025 through 701.059 RSMo.
4.06
All violations of section 4 will result in a penalty fee of $250.00 per violation per day. Any violation lasting longer
than 5 business days will result in a penalty fee of $500.00 per violation per day. On the sixth day of the violation, the
County Health Officer shall refer such violation Prosecuting Attorney.
SECTION 5
Permit Application Procedure and Requirements
Any person desiring to construct, install or modify a wastewater treatment system
must first obtain a valid permit issued by the County Health Officer and the following procedures and regulations will be
followed in applying for a permit: See Section 6.
5.01
Any person who proposes to construct, install or modify a wastewater treatment system shall submit a written application
supplied by, and to be submitted to, the County Health Officer for approval. See Section 4.01.
5.02
The application for a permit to construct, install or modify must be accompanied by design data, copy of plans, specifications
and other pertinent information pertaining to supplies and equipment to be used in construction of the wastewater treatment
systems and any additional information requested by the County Health Officer. Permits must be posted visibly at the septic
job site. .
5.03
Emergencies must be reported immediately, and in no instance later than the next business
day, in writing, to the County Health Officer, and a corresponding application for a permit(s) for such emergency condition
must be submitted within 5 days after reporting of said emergency condition.
SECTION 6
Application Processing Procedure
All permit applications received will be processed in the following manner:
6.01
The County Health Officer shall review each application and will approve or disapprove such application within 15 business
days from the date the application is received.
6.02
All permits, plans and specifications must meet or exceed the requirements of this ordinance.
6.03
The County Health Officer will notify the applicant, in writing, by mail or in person, of the approval of the application
for the permit (s). If, upon review of an application, the County Health Officer
determines that a permit should not be granted, the County Health Officer shall notify the applicant in writing by mail or
in person, of the permit denial and state the reasons for said denial and further shall state any changes in order for the
permit (s) to be issued.
6.04
Any applicant aggrieved by the requirements of the County Health Officer, or a denial of a permit by the County Health
Officer, may request a hearing in accordance with the provisions of Section 18.
SECTION 7 Construction and Operation
in Compliance with Issued Permit
7.01
The permittee shall 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 filed with the County Health Officer to obtain modification of a permit. No
modification shall be implemented until a new or modified permit has been issued or a waiver given pursuant to subsection
7.03.
7.02
The issuance of a permit to construct a wastewater treatment system does not relieve the permittee of the responsibility
to properly operate and maintain the
wastewater treatment system described
in the application, in full compliance with the conditions of the permit and all provisions of this ordinance.
7.03
At the discretion of the County Health Officer, 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 materials and procedures are
approved by the County Health Officer and duly noted on the permit.
7.04
The permittee shall notify the County Health Officer to arrange for a date and specified time to allow the County Health
Officer to inspect and approve the wastewater treatment system prior to backfilling.
Backfilling may be allowed at the discretion of the Health Officer. If
no final inspection is requested or performed as required herein, the owner or permit holder may, in addition to other remedies
or penalties as set forth in this ordinance, be required at their own expense to dig up the system to allow a final inspection
as required herein. There will be a charge of $250.00 for no final inspection.
SECTION 8
Modification of a Permit
8.01
Any permit issued pursuant to these regulations and any plans submitted in application for the permit may be modified
at any time by the County Health Officer:
a) To bring the proposed wastewater
treatment system into
compliance with this ordinance.
b) For any other reason necessary
to prevent a Health Hazard.
8.02
The County Health Officer will notify the permittee in writing of the intent to modify the permit and plans, the reasons
for the modification, and the time in which to have the modifications implemented.
SECTION 9
Permit Duration and Extension
9.01
The permit duration for construction, installation or modification will be variable and expiration date must be recorded
on each permit issued, but in no event shall it exceed one (1) year from date of issuance.
9.02
Permits will be issued to the authorized
representative, and such authorization must be in writing on the application.
9.03
A permit may be extended by the County Health Officer for good cause. Such
extension request shall be in writing to the County Health Officer and shall be received not less than five (5) days prior
to the expiration date of the permit.
SECTION 10
Permit Suspension or Revocation
10.01
The County Health Officer may suspend or revoke a permit for a wastewater treatment system for the following reasons:
a) Non-compliance with the terms
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 (Individual Sewage
Treatment Systems Standards) or 19 CSR 20-3.60 of the State
regulations.
e) If for any other reason the
construction, operation,
modification would constitute a violation of this
ordinance or be a health hazard.
10.02
Before a permit will be suspended or revoked, the permittee will be given ten (10) 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 11
Stop Order
11/01
A STOP ORDER may be issued by the County Health Officer 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.
SECTION 12
Complaint Inspections
12.01
After receiving complaint:
1. Send letter to owner of said
property.
2. Give owner 5 business days
to contact HCHC.
3. Set time and date to investigate
complaint with owner.
4. Go look at complaint site and
record results.
5. Give 30 to 90 days to fix complaint.
SECTION 13 Minimum
Standards for a Wastewater Treatment System
Any wastewater treatment system shall meet the following regulations and requirements:
13.01
Section 303, 208, and 201 of the Federal Clean Water Act, and 10 CSR 20-8.021 (Individual Sewage Treatment Systems
Standards) and Chapter 701 RSMo, Department of Health and Senior Services rules 19CSR 20-3.060 or any local regulations adopted
by the Board.
13.02
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 sq. ft. of suitable land for sewage disposal as
determined
by of the County Health
Officer. Properties under 10
acres on new septic construction must be engineered by a State registered engineer or if soil conditions, properties and permeability
are acceptable as determined by soil profile done by a Soil Scientist, the Installer can draw up a septic system for the property
as long as setbacks can be met. All portions
of any wastewater treatment system shall be at least 100 feet
away from any potable water source used for human or animal consumption,
except:
1) 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 10 ft. from any portion of rural
water district lines.
2) When a non-discharging lagoon
is used as
part of the wastewater treatment system, the
lagoon must be 100 ft. from all property lines.
The house it serves and 200 ft. from all
neighboring residences.
13.03
Septic Tank size shall be a minimum of 1,000 gallon capacity concrete tank or polyurethane tanks that are state approved.
13.04 Raise the minimum standard of lateral trenches
on new construction from 200 linear feet to 300 linear feet. Increase to be in accordance with the number of bedrooms in the
home. Lateral bed systems will be sized 1.5 times the trenched lateral system size.
13.05
Lagoons shall have a septic tank installed ahead of the lagoon. The lagoon
shall be 30 x 40 ft. or 1200 square feet of surface water non-discharging, 3 to 5 feet deep, fenced, mowed and free of all
algae, duckweed and other aquatic vegetation, and shall remain unshaded by trees at all times.
Routine maintenance is required. Lagoon for houses with more than 3 bedrooms will be based on 400 sq feet per bedroom.
13.06
No metal or steel tanks will be approved for sewage disposal, unless they are National Sanitation Foundation approved,
and coated inside and out.
13.07
A two-compartment septic tank may be used when approved by the County Health Officer.
13.08
Other innovative systems may be approved by the County Health Officer when site conditions dictate.
13.09
All lateral trenches must be dug with a level bottom and all distribution lines must be levelly installed, therefore
all installers are required to use a laser or transit when installing septic systems. Systems installed without following
this procedure will not be approved and the violation shall result in a $250.00 penalty.
13.10
A 6 inch (6”) inspection port shall be provided over the inlet and outlet baffles of each tanks and terminate
at or above grade. An inspection port shall not be used as pump-out access. A manhole cover at or above grade may also serve
in place of the inspection ports.
13.11
Owners of a Class One aeration tank must maintain a service contract in accordance with manufactures specifications.
SECTION 14 Registries of Persons and Businesses in Wastewater Treatment System Projects
14.01
Every person engaged in the design, construction, installation, or modification of wastewater treatment systems, or
septic tank cleaning, within Henry County,
must apply for registration with the County Health Officer. Failure to register will result in a $500.00 penalty.
14.02
The Board may adopt rules and regulations, establishing qualifications and minimum standards of experience and knowledge
for persons desiring to register under this ordinance.
14.03
Any person whose application for Registration under this section has been denied will be notified in writing as to
the reasons for denial, and said person may appeal pursuant to Section 18 of this ordinance.
14.04
Whenever the County Health Officer determines that a holder of a valid registration under this section has violated
any provision of this ordinance, or the rules or regulations adopted by the Board, the County Health Officer may recommend
to the Board that said registration be suspended or revoked. If the Board finds,
in its sole and absolute discretion, that the County Health Officer’s recommendation has merit, then the Board shall
schedule a hearing on the proposed suspension or revocation after giving the said holder not less than ten (10) days notice
of said hearing and reasonable opportunity to be heard. The Board shall set the
term of the revocation or suspension within ten (10) days of said hearing.
SECTION 15
Septic Tank Cleaning Standards
15.01
Inspection of equipment and dumping site - The County Health Officer may 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 dump-site are 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 dump-site may be conducted at the time of registration and periodically as the County Health Officer
deems appropriate.
15.02 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 16
Permit Fees
Wastewater treatment system permit fees are non-refundable. These fees are as follows:
16.01
Single Family Dwellings
The fee for a single family dwelling wastewater treatment system
permit is $200.00. For repair—Tank
replacement-$100, Lateral field repair-
$100, Lagoon
repair-$100, etc
16.02
Non-Single Family Dwellings
The fee for a wastewater treatment system permit other than a
single family
dwelling is $300.00.
16.03
Registered Homeowners, Tank Cleaners
And Registered Installers
The fee for Registered Homeowners, Registered Septic Tank Cleaners and
Registered Installers is an annual fee of
Registered Homeowners
$200.00
State Registered Installers
$25.00 (effective 1-1-2010) If paid after
3/1 then $100.00
Registered Septic Tank Cleaners
$100.00
SECTION 17
Penalties
17.01
Any person who violates any provision of the ordinance is guilty of a Class A or C misdemeanor. Everyday, 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 County Health Officer may appeal to the Board by filing a written application
with the County Health Officer within ten (10) days after being notified of the decision which is the subject of the appeal.
18.02
The Board shall schedule a hearing on the appeal, and shall give the person appealing notice of the date of hearing
at least ten (10) days prior to the hearing date and give the person reasonable opportunity to be heard.
18.03
Appeal Hearings to the Board shall be conducted in accordance with the Board’s adopted rules and procedures.
SECTION 19
Notices
Any notice required herein or any STOP ORDER shall be served by one of the following
methods:
a) By personal delivery
b) By depositing said STOP ORDER
in ordinary mail,
postage prepaid.
c) By posting said STOP ORDER
at the wastewater
treatment system site.
Section 20______________________Severability
20.01
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.
SECTON 21
Amendments
21.01
This ordinance may be amended at anytime pursuant to RSMO 192.300.
AMENDMENTS
A1
9/24/97 See “An ordinance to amend Henry County Wastewater treatment systems ordinance no 89-1 adding sections 23-38.” Separate packet.
It is hereby ordered that all provisions of this ordinance regulating Wastewater Treatment Systems Ordinance NO.
89-1 and any rules and regulations connected therewith, be printed and available for distribution to the public in the office
of the County Clerk,
and this order shall be published in the Daily Democrat for three successive weeks, not later than 30 days after date of this
order.
HENRY COUNTY HEALTH CENTER BOARD OF TRUSTEES
BY:
_________________________
_________________________
Chairman
Vice-chairman
_________________________
_________________________
Member
Member
Attest:___________________________
Secretary
_________________________
Treasurer
