1 Ordinance No Audrain County, Missouri Individual Sewage Treatment Systems Permit Ordinance An ordinance requiring permits to be issued to construct, install or modify individual sewage treatment systems, the registration of persons qualified for performing such and the penalties regarding violations of said ordinance in Audrain County, Missouri (Individual sewage treatment systems which are functioning properly and not in violation of sections through , RSMo., or sections through , RSMo.. when this ordinance becomes effective, shall not be required to obtain a permit for operation. However, all systems shall be maintained free of nuisances and potential health hazards regardless of when the system was originally installed.). Section 1. Authority Section , RSMo. The county commissions and 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 in accordance with this chapter or by the Department of Social Services under chapter 198, RSMo. The administrative authority shall be the Audrain County Commission as established under chapter 49, RSMo., or its designated representative. Section 2. Applicability This ordinance shall apply to all individual sewage treatment systems, as defined in Section 3.d. of this ordinance, located in unincorporated areas of Audrain County. However, any incorporated area may petition the Audrain County Commission for inclusion under this ordinance. Section 3. Definitions As used in this ordinance, unless the context otherwise requires, the following terms shall mean:
2 a. "Agent", any person authorized, in a written and signed statement by the property owner, to execute the interests of the property owner in matters related to this ordinance. b. "Emergency repair", the modification, extension, or replacement, due to a structural or mechanical failure which prevents the disposal of wastewater from plumbing fixtures, of a sewage tank, secondary sewage treatment system, or any other part of the individual sewage system which provides for the treatment of organic waste". c.. "Hearings", the Audrain County Commission or its representative may convene a hearing to hear information and make determinations with regard to issues affecting the administration of this ordinance, section RSMo. A hearing may be called by the Audrain County Commission or its representative, or a hearing may be held upon receipt of a written request from any person affected by any decision of the Audrain County Commission or its representative. Such request shall be received within ten (10) days following such decision. A hearing shall be held within thirty ( 30 ) days from the receipt of the written request. The decision of the hearing officer shall be conveyed in writing to the affected person within thirty (30) days following the hearing. An appeal of the decision of the hearing shall be consistent with section , RSMo. and chapter 536, RSMo. d. "Individual sewage treatment system", any sewage system, disposal system or treatment system, which is intended to render harmless or remove potentially hazardous organic waste from sewage, originating from a single residential unit serving no more than four (4) families, commercial building, factory, institution or any other facility which generates less than 1500 gallons of sewage per day. e. "Individual sewage treatment system contractor", any person who performs construction, alteration, repair, cleaning or extension of an individual sewage treatment system and/or any person who hauls or disposes of wastes removed from an individual sewage treatment system on behalf of, or under contract with, the owner of such system. An individual sewage treatment system contractor shall be referred to, herein, as a "contractor". f. "Minor repair", any repair which does not involve the modification, extension, or replacement of a sewage tank, secondary sewage treatment system, or any other part of an individual sewage system which provides for the treatment of organic wastes. g. "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, any other governmental body or any political subdivision of this state.
3 h. "Permit", the written authorization from the Audrain County Commission or its representative, which authorizes the permittee to construct, install or modify an individual sewage treatment system according to the standards herein adopted by the Audrain County Commission. i. "Sewage", all wastewater originating from the sanitary conveniences of residences, commercial buildings, factories and institutions, to include, but not restricted to wastewater from toilets, baths, kitchens and laundry facilities. Section 4. Permits Subsequent to the passage of this ordinance, any construction, installation or modification of an individual sewage treatment system shall require the property owner or agent to obtain a permit from the Audrain County Commission or its representative. a. A permit shall only be issued to the official applicant of record who shall be the owner or agent of the property. b. The issuance of a permit to construct, install or modify an individual sewage treatment system does not relieve the permittee of the responsibility to properly plan, design, construct or maintain the system described in the permit application. c. Emergency repairs shall meet or exceed the adopted minimum design standards. The property owner or agent shall obtain a permit within five (5) days after beginning emergency repairs. No part of the emergency repairs shall be backfilled until the compliance section of the permit is signed by the Audrain County Commission or its representative. Section 5. Prohibitions No person, except when authorized by a permit issued by the Audrain County Commission or its representative, pursuant to this ordinance, shall: a. construct, install or modify any individual sewage treatment system after the date of passage of this ordinance; b. construct, install or modify any individual sewage treatment system in a manner inconsistent with the terms and conditions of a permit issued for that system; or, c. construct, install or modify an individual sewage-treatment system with a permit that has expired or has been suspended or revoked.
4 Section 6. Contractors to Register; Suspension or Revocation of Registration No person shall operate as an individual sewage treatment system contractor in Audrain County unless registered by the Audrain County Commission or its representative. Registration shall be issued to a contractor upon compliance with Section 6. a., of this ordinance. A contractor's registration shall be valid from the date of issuance to April 30 of the following year. (Nothing in this section shall preclude a property owner from installing his/her own system provided the property owner obtains a permit and complies with the provisions of this ordinance and sections through , RSMo, or other statutes or rules promulgated therefrom.) a. To qualify for registration and annual re-registration by the Audrain County Commission or its representative, effective on the 1st day of January, the contractor shall: 1 ) submit a completed form provided for contractor registration; and, 2) make payment of an annual registration/seminar fee; and, 3) successfully pass an annual written examination with a rating of seventy percent (70) or greater. b. The Audrain County Commission or its representative shall maintain a roster of individual sewage treatment system contractors currently registered in Audrain County. c. Each contractor shall furnish proof of valid registration if requested by the Audrain County Commission or its representative. d. The registration may be denied, suspended or revoked by the Audrain County Commission or its representative if the contractor violates any section of this ordinance or sections through , RSMo., or any rule or regulation adopted under this ordinance or other statute. 1) The contractor may request a hearing pursuant, to Section 3. c. of this ordinance. 2) If the decision to deny, suspend or revoke the registration of a contractor is upheld and not appealed, the contractor may reapply for registration one (1) year after the date of the final decision. Section 7. Application Procedure The following procedure shall be adhered to when making application to the Audrain County Commission or its representative for an individual sewage treatment
5 system permit: a. Any person who proposes to construct, install or modify an individual sewage treatment system shall submit a written application on forms provided. A permit fee is due upon submission of the application. b. The application for a permit to construct, install or modify an individual sewage treatment system shall: 1) provide identifying information; 2) be accompanied by two (2) copies of plans, specifications, design data and other pertinent information covering the project or additional information as required. c. All plans and specifications shall meet or exceed the minimum design standards on file with the Missouri Secretary of State, design guide of the Missouri Department of Natural Resources, "Individual Sewage Treatment Systems Standards": 10 CSR d. Exceptions to 10 CSR may be allowed by the Audrain County Commission or its representative on systems existing prior to the adoption of this ordinance. Plans for modification or replacement of systems existing prior to the adoption of this ordinance may vary, except as to: 1) the protection of public and private water wells, systems and lines, (10 CSR , (1), (D), Table I): 2) the protection of surface and ground waters; 3) the provisions of primary sewage treatment; and, 4) the requirement to contain the wastewater upon the property from which it is generated. e. Modification of plans devised pursuant to the exception in Section 7. d.. of this ordinance, for individual sewage treatment systems existing prior to the adoption of this ordinance shall be pro-pared by a licensed professional engineer, architect or a representative of a Missouri local or state health department. f. Any new or modified system using an aeration unit shall meet the minimum requirements of 10 CSR and the following additional requirements: 1) The aeration unit plans shall meet the requirements of the National Sanitation
6 Foundation (NSF) Standard 40 for Class I effluent, July 1990, or as may be amended. The unit must bear the NSF Class I seal. 2) Effluent from the aeration unit shall receive additional treatment from a chlorinator and dechlorinator supplied by an aeration unit manufacturer, or by the use of any other secondary treatment consistent with the adopted standards. 3) The aeration unit plans shall be installed, operated, and maintained in accordance with the manufacturer's instructions. The aeration unit shall have a minimum capacity of 150 gallons per bedroom per day or 500 gallons, whichever is greater. 4) Maintenance agreements between the property owner and the manufacturer (or person certified by the manufacturer for maintenance) are required so long as the aeration unit exists on the property. 5) The aeration unit shall be accessible to allow maintenance and service of all components within the unit. 6) The design and construction of the aeration unit shall prevent discharge of wastewater, under normal operation and component malfunction, from any opening which is not part of the designed flow path of the entire treatment process. The unit shall not be constructed (intentionally or unintentionally) in a manner that defeats this intent. No openings within the unit shall exist which will allow a portion of the treatment process to be bypassed should a malfunction occur. An access opening as provided shall not be deemed an opening which will provide a bypass. 7) The aeration unit shall have an audible and visible alarm in a conspicuous location within the dwelling. 8) All effluent from the aeration unit must be maintained at least thirty-five (35) feet from any property line and shall not pool, thereby creating a potential for mosquito harborage. g. All new or modified systems using a lagoon shall be preceded by an appropriately sized septic or aeration tank. Wastewater surface area shall not be reduced when preceded by a septic or aeration tank. Section 8. Application Processing Procedure The Audrain County Commission or its representative shall process all permits in accordance with the following:
7 a. Each completed application shall be reviewed and a determination made within fifteen (15) days from the date the application is received. Incomplete applications shall not be processed. b. Each application shall be submitted with all the supporting data necessary for review. Processing of the application with respect to recommendations or required changes shall be accomplished in accordance with the provisions of the design standards, 10 CSR c. The applicant shall be promptly notified of the status of the application. If the conditions for the permit are different from the proposed specifications submitted, the permit notification shall include reasons for the specification changes. d. If, upon review of an application, it is determined that a permit is not required, the applicant shall be notified of this determination. Such notification shall constitute final action of the application. e. If, upon review of an application, it is determined that a permit shall not be granted, the applicant shall be notified of the permit denial and the reasons for the denial. f. If the applicant is dissatisfied with the conditions or denial of a permit, the applicant may request a hearing pursuant to Section 3.c. of this ordinance. g. The permit shall be issued by the Audrain County Commission or its representative upon approval of the submitted application. h. In the event that a permit is not required or is not granted, unexpended permit fees may be refunded to the applicant. Section 9. Construction, Installation, Modification or Maintenance in Compliance The permittee shall: with Issued Permit a. construct, install, modify and maintain the permitted individual sewage treatment system in accordance with the terms and conditions of the permit issued by the Audrain County Commission or its representative. Unauthorized changes, deviations or modifications are a violation of the permit conditions. A new or amended application shall be filed to obtain a review of the requested changes to the proposed system. No change of the original specifications shall be implemented by the permittee until a new or
8 revised permit is issued. However, a waiver may be granted pursuant to Section 9.b. of this ordinance. b. request a waiver for authorization to utilize materials and/or procedures differing from the specifications of the issued permit. A waiver may be granted if the materials cannot be obtained or the procedures cannot be accomplished as specified in the issued permit. However, alternative materials must meet minimum standards. The Audrain County Commission or its representative may grant an oral waiver upon receipt of an oral request for such waiver, provided that the content of the oral request and waiver is incorporated in writing into the permit before the final inspection. An oral waiver may be granted to prevent undue delays after construction has begun. c. conduct the maintenance of the permitted individual sewage treatment system in accordance with statements, representations and procedures presented in the complete application and supporting documents, and in a manner free of nuisances and potential health hazards, as accepted and authorized by the Audrain County Commission or its representative. Compliance with this subsection is required from the permittee and any subsequent owners of the permitted individual sewage treatment system as long as the individual sewage treatment system remains in operation. d. notify the Audrain County Commission or its representative at least twenty-four (24) hours prior to the backfilling of the individual sewage treatment system or completion of an alternative system. However, such notification shall allow the inspection to be performed during normal business hours. An inspection shall be made of the construction, installation or modification to assure compliance with the conditions and specifications of the permit. The compliance section of the permit shall be signed by the Audrain County Commission or its representative if the conditions and specifications are accomplished. The required fencing of a lagoon may be postponed until after the final inspection but shall be completed no more than fifteen (15) days following approval of lagoon construction. If the prerequisite notice is not given by the permittee, one or more of the following actions shall be required: 1) excavation of the individual sewage treatment system to reveal compliance with the conditions of the permit; 2) revocation/suspension of the permit, pursuant to Section 13; 3) the prescribed legal action in Section 18 of this ordinance. Section 10. Duration, Termination, Renewal, Extension or Transfer of Permits
9 As permitted by the Audrain County Commission or its representative: a. An individual sewage treatment system shall be constructed, installed or modified within one (1) year from the date of issuance of the permit. b. A permit may be transferred to a new owner upon the written request of the official applicant if the construction, installation or modification project is not completed at the time of the sale of the property. The letter requesting the transfer shall also be signed by the new owner. The request for the transfer of an existing permit shall be acted upon within thirty (30) days after receipt. c. Any conditions established in the permit shall remain in effect when a permit transfer is granted to a new owner. d. A permit may be renewed or the expiration date extended upon written request from the official applicant. The request shall state that the conditions of the original permit shall be met. The request shall be received at least thirty (30) days prior to the original expiration date of the permit. e. Upon legal transfer of the property, the new owner of the property becomes the legal owner of the permitted individual sewage treatment system, which remains subject to any conditions of such permit. Section 11. Denial of a Permit The Audrain County Commission or its representative shall deny an individual sewage treatment system permit for any of the following reasons: a. The application does not meet the applicable minimum design and construction standards as specified in the current revision of the design standards, 10 CSR , except as noted in Section 7. d., of this ordinance, b. The project, if constructed, may be in violation of state surface or ground water standards; c. A public sanitary sewer is available within three hundred (300) feet of the building to be served by the proposed individual sewage treatment system. The sewer connection shall be practical, economically feasible and approved by the public sewer authority; d. Any other justifiable reason which shall be provided in writing by the Audrain County Commission or its representative.
10 e. Any person denied a permit may request a hearing within ten (10) days of such denial pursuant to Section 3.c. of this ordinance. Section 12. Change of a Permit The Audrain County Commission or its representative may, for good cause, change an individual sewage treatment system permit. a. Before completion of an individual sewage treatment system, the Audrain County Commission or its representative may change the specifications of a permit due to one or more of the following reasons: 1) unforeseen or changing site conditions which could prevent construction, and resultant operation, from complying with state or local regulations pertaining to the operation and maintenance of an individual sewage treatment system; 2) receipt of additional information affecting the specifications of the proposed individual sewage treatment system permit; 3) any other reason necessary to implement applicable state or local statutes or regulations. b. The Audrain County Commission or its representative shall notify the permittee, in writing, of the intent to change the permit. c. Notification shall include the proposed changes, the reasons for the changes and the time period in which to accomplish the changes. d. The change of the permit shall become final ten (10) days from the date of the notice to the permittee unless within that ten (10) day period, the permittee requests a hearing pursuant to Section 3.a. of this ordinance. e. A copy of the changed permit shall be provided to the permittee on the date the change is made. All changes shall be incorporated into the construction, installation or modification of the individual sewage treatment system before the final inspection. Section 13. Suspension or Revocation of a Permit The Audrain County Commission or its representative shall suspend or revoke a permit before construction, installation or modification of an individual sewage treatment system is completed for the reasons set forth in Section 13.a. of this ordinance.
11 a. The permittee shall be notified, in writing, of the intent to suspend or revoke the permit due to one or more of the following: 1) noncompliance with the terms of the permit; 2) unapproved alterations, by the permittee, in design or construction; 3) determination of false information submitted in the application; 4) changing site conditions which could result in violations of applicable state or local regulations; 5) noncompliance with the current design standards, 10 CSR ; 6) any other reason necessary to implement applicable state or local statutes and regulations. b. The notification to the permittee shall include the reasons for the suspension or revocation. c. The suspension or revocation of a permit shall become final ten (10) days from the date of such notice unless, within that ten (10) day period, the permittee requests a hearing pursuant to Section 3.c. of this ordinance. Plans Section 14. Compliance with State and Local Water Quality Management No permit shall be issued for any individual sewage treatment system which is in conflict with any approved water management plan prepared under Section 301, 208 and/or 201 of the Federal Clean Water Act, as amended. Section 15. Immunity The Audrain County Commission or its representative shall not be liable for damages resulting from approval by the Audrain County Commission or its representative for the construction, installation or modification, maintenance or operation of an individual sewage treatment system. Section 16. Schedule of Fees The Audrain County Commission shall annually adopt a schedule of fees associated with the administration of this ordinance or accept the schedule of fees
12 proposed by its representative. The schedule shall be recorded as a court order effective the 1st day of January of each year. Section 17. Violation Notices Violation notices shall be issued: a. Whenever the Audrain County Commission or its representative has reasonable grounds for believing that there has been a violation of this ordinance, or any rule or regulation adopted pursuant thereto, the Audrain County Commission or its representative shall give written notice to the person(s) alleged to be in violation. Such notice shall identify the provision of this ordinance, or regulation adopted thereby, alleged to be violated and the facts alleged to constitute such violation. b. Such notice shall be served in the manner required by law and may be accompanied by an order of the Audrain County Commission or its representative requiring remedial action, which if taken within the time specified in such order, shall effect compliance with the requirements of this ordinance and regulation issued hereunder. Such order shall become final unless a request for a hearing is made pursuant to Section 3.a. of this ordinance. In lieu of such order, the Audrain County Commission or its representative may require the person named in such notice to appear at a hearing at a time and place specified in the notice. A hearing shall be conducted pursuant to Section 3.c. of this ordinance. c. Such notice shall be deemed to have been properly served upon the owner, operator or contractor when a copy thereof has been sent by registered or certified mail to the last known address furnished to the Audrain County Commission or its representative. Section 18. Penalties The following penalties to be imposed: a. Any person who fails to comply with any provision of this ordinance or procedure issued hereunder, or order pursuant hereto, shall be guilty of a misdemeanor, punishable by a one hundred dollar ($100) to one thousand dollar ($1,000) fine and/or up to one year imprisonment. Each day or any part thereof in which such violation occurs shall constitute a separate offense. b. Operation as a contractor without a valid registration is specifically a violation of this ordinance and subject to the aforementioned penalties. c. The Audrain County Commission or its representative, upon receipt of a valid
13 complaint, as required in sections through , RSMo., from an aggrieved person, is authorized to require the property owner to correct an individual sewage treatment system within a specified time period, not to exceed one hundred twenty (120) days. After which time the property owner shall be guilty of a misdemeanor, punishable by a fifty dollar ($50) to five hundred dollar ($500) fine and/or up to six months imprisonment. Each day or any part thereof in which such violation occurs shall constitute a separate offense. d. The prosecuting attorney of the County of Audrain shall act on behalf of the Audrain County Commission or its representative and shall, upon request of the Audrain County Commission or its representative, institute appropriate proceeding for correction of the noncompliance or violation involved. Section 19. Conflict With Other Laws The provisions of any law or regulation of any municipality, the State of Missouri or federal agency establishing standards affording greater protection to the public health and/or safety shall prevail within the respective jurisdictions over the provisions of this ordinance adopted hereunder. Section 20. Severability 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 21. Revisions; Amendments The Audrain County Commission may convene a hearing and enter into this ordinance any necessary revisions or amendments for the administration of this ordinance. Such revisions or amendments shall represent a separate, distinct and independent entity of the ordinance and may be accomplished by court order or any other method allowed by law. Section 22. Effective Date This ordinance shall become effective on the date that this ordinance is acted upon and ordered by the Audrain County Commission. Presiding Commissioner
14 Date Eastern Commissioner Date Western Commissioner Date Revised December 6, 1994