(A) Determination of compliance with § 152.382 shall be determined by the Division of Environmental Management, county’s Health Department, the Public Works Director, the Land Use Administrator or any combination thereof. A development permit may be issued based upon a review of the basic design elements of the proposed sewage disposal system to determine compliance with § 152.382; however, construction of such system may not be commenced until detailed plans and specifications have been reviewed by the agencies/parties mentioned in this division (A), and any appropriate permits issued by such agencies/parties.
(B) The type of development and relevant certifying agency are listed as follows.
(1) If the use is located on a lot that is served by a town or county sewer system or previously approved, privately owned package treatment plant, and the use can be served by a simple connection to the system (single residence) rather than the construction of an internal collection system (shopping center), no further certification is necessary.
(2) If the use (other than a subdivision) is located on a lot that is served by a town or county sewer system but service to the use necessitates construction of an internal collection system as in the case of a shopping center, and the internal collection system is to be transferred to and maintained by the town or county, then the public works director (typically the Land Use Administrator) must certify to the town that the proposed internal collection system meets the town’s or county’s specifications and will be accepted by the town or county. A permit to construct must be obtained from the Division of Environmental Management; the internal collection system is to be privately maintained, the Public Works Director (typically the Land Use Administrator) must certify that the proposed collection system is adequate.
(3) If the use (other than a subdivision) is to be served by a privately-operated sewage treatment system not previously approved with 3,000 gallons or less design capacity, the effluent from which does not discharge to surface waters, the county’s Health Department must certify to the town that the proposed system complies with all applicable state and local health regulations. The applicant must obtain a subsurface sewage disposal permit from the county’s Health Department prior to issuance of a zoning permit.
(4) If the use (other than a subdivision) is to be served by a privately-operated sewage treatment system (not previously approved) that has a design capacity of more than 3,000 gallons or that discharges effluent into surface waters, the Division of Environmental Management must certify to the town that the proposed system complies with all applicable state regulations. A permit to contract and a permit to discharge must be obtained from the DEM.
(5) If the proposed use is a subdivision, the following provisions apply.
(a) Lots within the subdivision are to be served by simple connection to existing town or county lines or lines of a previously approved private system, no further certification is necessary.
(b) Lots within the subdivision are to be served by the town or county system but the developer will be responsible for installing the necessary additions to the town system, the Land Use Administrator must certify to the town that the proposed system meets the town’s or county’s specifications and will be accepted by the same. A permit to construct must be issued from the Division of Environmental Management.
(c) Lots within the subdivision are to be served by a sewage treatment system that has not been approved, that has a design capacity of 3,000 gallons or less, and that does not discharge into surface waters: the county’s Health Department must certify that the proposed system complies with all applicable state and local health regulations. If each lot within the subdivision is to be served by a separate site disposal system, then the county’s Health Department must certify that each lot shown on a major subdivision preliminary plat can properly be served, and each lot and a major or minor subdivision final plat can be served by an on-site disposal system.
(d) Lots within the subdivision are to be served by a privately operated sewage treatment system (not previously approved) that has a design capacity in excess of 3,000 gallons or that discharges effluent into surface waters, the Division of Environmental Management must certify that the proposed system complies with all applicable state regulations. A permit to construct and a permit to discharge must be obtained from the DEM.
(Ord. passed 12-20-2001) Penalty, see § 152.999