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HICKORY COUNTY
ON-SITE DISPOSAL SYSTEMS
AND WASTEWATER TREATMENT FACILITIES
ORDINANCE 96-01


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.

SECTION 1. AUTHORITY This ordinance is enacted pursuant to Section 192.300 RSMo 1994, and Section 701.025 through 701.059 RSMo, 1994, which provides in part as follows: "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 in accordance with this chapter or by the Department of Social Services under Chapter 198 RSMo".

SECTION 2. SYSTEMS APPLICABILITY.These regulations apply to all on-site
disposal and wastewater treatment facilities EXCEPT:

2.01 Sewage treatment facilities with a maximum daily flow of sewage of
three thousand gallons (3,000) or more.

2.02 Wastewater treatment facilities connected to the sewage system operated by or on behalf of an incorporated municipality or incorporated public
sewer district within the County.

2.03 Single family residence lots of three (03) acres or more, (does not exempt any other occupancy or 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.

2.04 There shall be no exemption, regardless of lot size if adjacent to a lake operated by Corps of Engineers or by a public utility.

Section 3. DEFINITIONS. The following words and phrases shall have the following meanings:

3.01 Board. A five (05) member committee appointed by
the Hickory County Commission.

Commission: The Hickory County Commission.

3.02 Department: The Hickory County Health Department.

3.03 Detailed Design: The sketch drawing with all calculations and
alterations.

3.04 The County Health Officer: The Administrator of the Hickory County Health Department or a designee of the administrator.

3.05 Emergency Condition: A condition of such extreme nature which
presents an immediate danger to public health, requiring immediate correction without the necessary time to apply for the required permit as set forth herein.

3.06 Existing System: An on-site sewage disposal system in operation prior to September 1, 1995.

3.07 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.

3.08 Human Excreta: Undigested food and by-products of metabolism which are passed out of the human body.

3.09 Imminent Health Hazard: A condition which is likely to cause an immediate threat to life or a serious risk to health, safety, and welfare of the public if immediate action is not taken.

3.10 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.

3.11 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.

3.12 Permit: A written authorization issued by the Hickory County Health Department which authorizes the permittee to construct, install, modify, repair or operate an on-site disposal/wastewater treatment facility as set forth in this ordinance.

3.13 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.

3.14 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:
Black water: Waste carried off by toilets, urinals and kitchen drains.
Gray water: All domestic waste not covered in paragraph (A) of this subdivision, including bath, lavatory, laundry, and sink waste.

3.15 Stop Order: A written order issued by the Health Officer to stop all construction, installation, modification, repair or operation of an on- site disposal system or a wastewater treatment system.

3.16 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.

3.17 Sub-Surface Soil Absorption System: A system for the final renovation of the sewage tank effluent and return of the renovated wastewater to the hydrologic 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 a sewage system regulated pursuant to Chapter 644, RSMo.

3.18 Waste: Sewage, human excreta or domestic sewage.

SECTION 4. POWERS AND AUTHORITY OF INSPECTORS

4.01 The County Health Officer, bearing proper credentials and 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. REGISTRY OF PERSONS AND BUSINESSES ENGAGED IN ON-SITE DISPOSAL SYSTEMS/WASTEWATER TREATMENHT FACILITIES PROJECTS.

5.01 Every person engaged in the design, construction, installation, modification, repair or cleaning of on-site disposal systems/wastewater treatment facilities, or septic tank cleaning, within Hickory County must be registered with the County Health Officer.

5.02 The Commission may adopt rules and regulations, establishing qualifications and minimum standards of experience and knowledge for person desiring to register under this ordinance.

5.03 A homeowner is not required to be registered by the Department to install, add to, alter, or repair the private wastewater system that serves his permanent residence, however, he must obtain a permit if the repairs are being done as a result of a valid complaint received by the Department.

5.04 An installer for registration shall demonstrate a thorough knowledge of the Department's current minimum standards for construction. The Installer is required to complete a County training program every two years, which will be provided or made available through the Department.

5.05 An applicant shall guarantee workmanship and materials on all installations

5.06 Any installer failing to comply with any and all regulations, rules, orders, and decisions of the Department relative to the type of systems installed, constructed, or maintained shall be subject to termination or suspension of registered status.

5.07 Any Installer failing to comply with the stated provisions for inspection of the system shall be subject to termination or suspension.

5.08 Any Installer installing any system for which no permit exists shall be subject to termination or suspension.

5.09 Any Installer shall provide any and all installation or construction data requested by the Department and shall maintain complete and accurate records of each installation for a period of not less than one (01) year.

5.10 Any Installer shall report promptly to the Department any conditions not in accordance with the permit and shall cease construction of any installation until approval is obtained.

5.11 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 13 of this ordinance.

5.12 Whenever the County Health Officer determines that a holder of a valid registration under this section has violated any provision of this ordinance, or any provisions, rules or regulations adopted by the Commission, the County Health Officer may recommend to the Board that said registration be suspended or revoked. If the Board finds 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. Final appeal shall be made to the Hickory County Commission and their decision shall be final. Appeal to the Commission shall be made within ten (10) days of the Board's decision. Appellant shall file this appeal with the Hickory County Clerk, P O Box 3, Hermitage, MO 65668.

SECTION 6. SEPTIC TANK CLEANING STANDARDS.

6.01 Inspection of equipment and dumping site: The County Health Officer shall inspect or cause to be inspected the equipment and dump site of the Register 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 will be conducted at the time of registration and periodically as the County Health Officer deems appropriate.

6.02 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 County Health Officer 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 7. PERMITS

7.01 Any person engaged in the construction, installation or renovation of any wastewater treatment facilities of less than 3000 GPD shall obtain a construction permit from the Hickory County Health Department.

7.02 Applicant shall provide the following information:

7.021 Legal description of the property to the nearest 1/4, 1/4 section.

7.022 Individual systems-a completed site evaluation information and sketch for the individual sewer treatment systems.

7.023 Commercial systems with a maximum daily flow of less than 3000 gallons per day (GPD)-a completed site evaluation information and detailed design of the proposed system.

7.024 Name of the installer and signature of the installer.

7.03 Individual sewage treatment systems shall be approved as to type, and capacity by the Department prior to issuance of the construction permit, in accordance with the current construction standards of the Missouri Department of Health, and in particular 10 CSR 20-8.021.

7.04 The system shall be constructed by an installer or contractor registered by the Department, except as specified in Section 5.03.

7.05 The permit application shall be signed by the owner of the property on which the system is to be installed, or by his legally authorized representative.

7.06 Any applicant knowingly providing false information on the application shall be subject to termination of the permit.

SECTION 8. ON-SITE DISPOSAL/WASTEWATER TREATMENT SYSTEM PERMIT FEES

On-site disposal systems/wastewater treatment facilities permit fees are nonrefundable and nontransferable. All fees are due and payable upon submission of application to Department. Fees are as follows:

8.01 Single Family Dwellings.

The fee for a single family dwelling on-site disposal system/wastewater treatment facilities is One Hundred-twenty five Dollars. ($125.00)

8.02 Non-Single Family Dwellings.

The fee for an on-site disposal system/wastewater treatment facilities permit other than a single family dwelling wastewater treatment facilities permit is Two Hundred Dollars. ($200.00)

8.03 Registered Engineers, Registered Contractors, Tank Cleaners, and Registered Installers Fees.

The fee for Registered Engineers, Registered Contractors, Registered Septic Tank Cleaners and Registered Installers is Twenty Five Dollars ($50.00) annually. Fees cover a calendar year. Fees will not be pro- rated for less than six (6) months.

8.04 Operating Permit.

The fee for an operating permit is Twenty-Five Dollars (25.00), annually.

SECTION 9. LOAN EVALUATIONS

9.01 Inspection of existing on-site sewage systems may be conducted by the County Health Officer. Fifty Dollars ($50.00) is hereby established for an inspection of an existing on-site sewage system conducted pursuant to a request from a lending institution. Such fee is to be paid at time of request and inspection report will not be provided until fee is paid.

SECTION 10. PROHIBITIONS. No person shall:

10.01 Construct, install or modify any on-site disposal system or wastewater treatment facilities without the permit required herein.

10.02 Construct, install or modify any on-site disposal system or wastewater treatment facilities when the permit has expired or has been suspended or revoked.

10.03 Fail to comply with a STOP ORDER issued pursuant to this ordinance.

10.04 Construct, install, modify or operate any/or wastewater treatment facilities 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.

SECTION 11. PENALTIES

11.01 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.

11.02 Any person who shall continue the cited violation after notification provided for in Section 11.01 shall be guilty of a misdemeanor and upon conviction thereof 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.

11.03 Any person violating any of the provisions of this chapter shall become liable to the Department for any expenses, loss or damage incurred by the Department by reason of such violation.

SECTION 12. STOP ORDER

12.01 A STOP ORDER may be issued by the Health Officer for the following reasons:

12.011 When substandard materials are being used in construction, installation, modification or repaired in a manner which varies substantially from the sketch or design of the on-site wastewater treatment system.

12.012 When an on-site wastewater treatment system is being constructed, installed, modified or operated in violation of this ordinance.

SECTION 13. APPEALS

13.01 Any person aggrieved by any decision of the County Health Officer may appeal to the Board by filing a written application with the Hickory County Clerk at PO Box 3, Hermitage, M0 65668 within thirty (30) days after being notified of the decision which is the subject of the appeal.

13.02 The Board shall schedule a hearing on appeal, and shall give the person 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.

13.03 Appeal hearing to the Board shall be conducted in accordance with the Commission's adopted rules and procedures.

SECTION 14. SEVERABILITY

14.01 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.

14.02 No statement contained in this ordinance shall be construed to interfere with any additional requirements that may be imposed by the Department.