§ 52.024 PRIVIES, CESSPOOLS, SEPTIC TANKS.
   (A)   Use prohibited.
      (1)   After the effective date of this chapter, construction of privies, cesspools and septic tanks shall be prohibited within the corporate limits of the town. Should a transfer in ownership of properties with the facilities occur after the effective date of this chapter, it shall be the responsibility of the new owner to construct indoor sanitary plumbing facilities in accordance with all applicable plumbing codes prior to occupation of the property and use of the existing facilities shall be terminated and the facilities destroyed or otherwise removed.
      (2)   No septic tank nor cesspool overflow to any open drain, ditch, stream or water well shall be allowed within the corporate limits of the town.
   (B)   Exceptions.
      (1)   Where publicly-owned treatment works are not accessible and cannot presently be made available to properties proposed for new construction with sanitary facilities within the corporate limits of the town, septic tanks with drain fields may be installed in accordance with septic tank permit specifications and regulations and minimum lot area requirements of the County Health Department, which department issues permits for the same; in no case shall the tank in question have a working capacity of less than 500 gallons (i.e. the capacity below the bottom of the outlet pipe) and a nitrification bed of less than 100 feet of drain tile for sandy soil and 200 feet of drain tile for medium soil.
      (2)   The permits shall be presented to the approving authority of the town prior to installation. The approving authority may approve or reject private sewage disposal facilities in accordance with a standard set of plans and specifications for the installation of the facilities.
(OC, §§ 5-2-12 and 5-2-13) (Ord. passed 3-8-88) Penalty, see § 52.999