A. An application for a certificate of approval to construct required by Section 7.21.025E shall be made to the environmental officer on forms provided by the department and set forth at least the following information:
1. Legal description of the property, including a verified street address;
2. Owner of property;
3. Owner's mailing address and phone number;
4. Agent or contractor's name, address and phone number;
5. Systems contractor's name, address and phone number;
6. Plot plan as described in Bulletin 12;
7. Type of building by use;
8. Type of water supply and name of water company;
9. Type of soil or soil classifications as required by Bulletin 12;
10. Soil percolation or hydraulic conductivity tests when necessary to the design of the on-site disposal system;
11. Proximal location of bedrock;
12. Proximal depth to the seasonal groundwater level as defined in Bulletin 12;
13. Type of the on-site disposal system;
14. An engineered design by an Arizona registered engineer if required by the environmental officer;
15. Signature of owner or owner's agent;
16. Such additional information as deemed necessary by the environmental officer.
B. The environmental officer shall act on a completed application for a certificate of approval to construct within thirty days by either approving or denying it. If denied, the environmental officer shall state in writing the reasons. No construction shall be commenced until approval has been obtained from the environmental officer and a certificate has been issued.
C. Pima County wastewater management department shall review each application for an on-site disposal system certificate of approval. The chief engineer or his designated representative shall notify the department of the nearest location and availability of the public sewer. Pima County wastewater management review shall be concurrent with the department review.
D. If a public sewer with available capacity is located within two hundred feet of the property line of the parcel for which the certificate of approval is sought, the application shall be denied.
E. A waiver of the requirement in subsection D may be granted when the environmental officer finds that the public health and the environment can be adequately protected and that any of the following conditions apply:
1. The sewer is not accessible by recorded legal access; or
2. The sewer is not accessible by gravity; or
3. The cost of connecting to an adequate public sewer, calculated from the nearest point on the applicant's property line to the public sewer and excluding any sewer connection fees, is greater than two times the cost of installing an on-site disposal system; or
4. Other physical characteristics of the property make connection to the public sewer unreasonable.
F. A request for a waiver shall be made on a form provided by the department and shall be reviewed and acted upon by the environmental officer within thirty days of request. The environmental officer may impose any conditions on the waiver that will:
1. Provide adequately for the protection of the public health and the environment, and the rights of surrounding property owners and residents;
2. Secure the intent and purposes of this title; and
3. Terminate the waiver when it is no longer warranted.
G. An appeal from a decision of the environmental officer may be made in accordance with Section 7.03.140.
H. Subdivisions further than 200 feet from a public sewer using on-site disposal systems shall be required at the time of recordation to record permanent rights-of-way for future public sewer construction and covenants requiring connection within five years of public sewer availability.
I. The minimum requirements for connection to a public sewer for nonresidential uses shall be as required by minimum design criteria. In addition, when the environmental officer finds that such an on-site disposal system may create unsanitary conditions or an environmental or public health nuisance, the environmental officer shall require the property to be connected to the public sewer or other acceptable waste disposal system.
J. A certificate of approval to construct shall become null and void if work or construction authorized is not commenced within one hundred eighty days or if construction or work is suspended or abandoned for a period of one hundred eighty days at any time after work is commenced. Any change in plans or specifications after the certificate has been issued invalidates the certificate unless approval is obtained in advance from the environmental officer for such changes. An expired certificate may be extended or renewed if:
1. There has been no change in the plans and specifications of the proposed system as set forth in the original application;
2. The application for extension or renewal is submitted to the department not more than thirty days after the expiration of the original certificate and meets all of the requirements of the original certificate; and
3. The applicant has paid to the department a fee equal to the fee amount for a certificate of approval to construct.
K. The issuance of a certificate does not constitute assumption by the county or its employees of liability for the failure of any on-site disposal system.
L. Final Inspection: When construction of an on-site disposal system has been completed the system contractor shall notify the department, and a representative of the department shall make a final inspection before the system is covered.
M. Approval to Operate:
1. If upon final inspection of the system, the environmental officer finds it installed in accordance with this chapter and the certificate of approval to construct, the environmental officer shall issue a certificate of approval to operate the completed system.
2. If the system has been designed by and constructed under the supervision of a registered professional engineer, the engineer shall certify in writing that construction and installation of the system has been completed in accordance with the terms of the certificate of approval to construct and the provisions of this chapter.
3. If the inspection discloses any significant departure from the description or design of the system as stated in the application for and certificate of approval to construct, or if any aspect of the system fails to comply with the provisions of this chapter, approval shall be withheld. Written notice of deficiencies causing the denial shall be given to the system contractor. Another inspection shall be made upon notification that the deficiencies have been corrected and the system has been brought into compliance with all applicable requirements.
(Ord. 1991-137 § 13 (part), 1991)