(a) The person owning or controlling the on-site system (Type I - VI), commonly known as a septic system, shall be responsible for assuring compliance with the laws, rules, and permit conditions regarding system location, installation, operation, maintenance, monitoring, reporting and repair.
(b) An on-site system shall be considered malfunctioning when it fails ("Failure") to meet one or more of the following requirements, either continuously or intermittently, or if it is necessary to remove the contents of the tank(s)at a frequency greater than once per month in order to satisfy the conditions.
(1) Discharge of sewage to the surface of the ground, surface waters, or directly into groundwater at any time.
(2) Back-up of sewage into the facility, drains, collection system, or freeboard volume of the tank.
(3) Free liquid surface within three inches of finished grade over the nitrification trench for two or more observations made not less than 24 hours apart.
(c) The director of public services may request the local health department to make periodic general inspections and report its findings to the village manager.
(d) Notice of violations may be issued for compliance and permit violations by the local health department. Legal remedies, as set forth in Sec. 30-4 and other applicable law, can be pursued after observation and documentation of one or more malfunctions.
(e) The village no longer permits the installation of any type of private on-site sewer systems.
(f) This subsection (f)shall apply only to properties located on Bald Head Island which, prior to the enactment of this article, used a septic system as the sole means of sewage collection and treatment ("prior septic property"). Any prior septic property shall be allowed to continue to use its septic system for a period not greater than 20 years from January 1, 2007, after which period septic system use is prohibited. Further provided, each prior septic property must connect (i.e., "tap on") to the sewer system of the Village of Bald Head Island and discontinue septic system use immediately upon the failure of its septic system. This section in no way prevents an owner of property which utilizes a septic system from earlier connecting to the village sewer system. Other than prior septic properties, no property on Bald Head Island shall use or install a septic system. All costs associated with any connection or tap fees, the discontinuance of use or removal of any septic system and any clean-up or other expenses resulting from a septic system failure shall be the sole responsibility of the property owner of record at the time those expenses are incurred.
(Ord. of 10-26-2007; Ord. No. 2021-0801, § 7, 8-20-2021)