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  § 19-4. Applicability.  


Latest version.
  • This chapter shall apply to on-site wastewater systems with a design flow of less than ten thousand (10,000) gallons per day as follows.

    A.

    Wastewater Systems Applied for After the Effective Date of this Chapter, Excluding System Repair. All provisions specified in this chapter and in the On-Site Wastewater Manual shall apply to on-site wastewater systems applied for after the effective date of this chapter, excluding wastewater system repairs, servicing the following types of development:

    1.

    One (1) or more single family or multi-family units sharing the same drain field with a wastewater flow of less than ten thousand (10,000) gallons per day; and/or

    2.

    One (1) or more non-residential uses sharing the same drain field with a flow of less than ten thousand (10,000) gallons per day.

    B.

    Wastewater System Repairs. When wastewater systems fail, they shall be repaired so as to be brought into compliance with the provisions of this chapter to the maximum extent feasible. Repair of failing standard gravity systems with upgraded wastewater systems incorporating supplemental treatment shall not be required, except when specified in the On-Site Wastewater Manual or when the Environmental Health Director has determined that substantial evidence exists indicating that repair of the system without upgrading to supplemental treatment would result in an unacceptable public health or water quality hazard including, but not limited to, continued surfacing of sewage on the ground surface, backup of sewage into the residence, sewage discharge into surface water, or direct sewage discharge into groundwater.

    C.

    Wastewater Systems Constructed or Applied for Prior to the Effective Date of this Chapter. The provisions of this chapter and the On-Site Wastewater Manual pertaining to on-site wastewater system siting, design, and construction shall not apply to wastewater systems that have been constructed or for which a complete, valid application has been received by the LEA prior to the effective date of this chapter. However, all other provisions of this chapter and the On-Site Wastewater Manual shall apply to wastewater systems applied for prior to the effective date of this chapter, including but not limited to those pertaining to operation, monitoring, inspections, maintenance, repairs, abandonment and destruction.

(Ord. No. 4018, § 1, 3-16-10; Ord. No. 4113, § 2, 4-12-16 )