Current through Register Vol. 47, No. 5, March 10, 2024
A.
Responsibility: The owner must be responsible for maintenance of an OWTS unless
the responsibility has been contractually assigned to a tenant or a third party
or a public, quasi-public, or political subdivision.
B. Service Label: For higher level treatment
systems or other components under a service contract, a clearly visible,
permanently attached label or plate giving instructions for obtaining service
must be placed at a conspicuous location.
C. The local board of health may adopt
regulations for:
1. Scheduling of maintenance
and cleaning;
2. Practices adequate
to ensure performance of an OWTS; and/or
3. Submission of proof of maintenance and
cleaning to the local public health agency by the owner of the
system.
D. Permitting
and Oversight of Maintenance for Soil Treatment Area Reductions and Vertical
and Horizontal Separation Distance Reductions Based on Use of Higher Level
Treatment
1. Purpose: Reductions in
requirements for soil treatment areas, vertical separation distances to
limiting layers or reductions in horizontal separation distances by using
higher level treatment systems are based on the criteria that these systems are
functioning as designed. If these criteria are not met, failure or malfunction
is likely, which could result in damage to public health and water
quality.
2. The local board of
health may choose to permit reductions in the size of soil treatment areas and
horizontal and vertical separation distances based on higher level treatment of
effluent, only if an oversight program for inspection, maintenance, and repair
is implemented by the local public health agency. The local public health
agency may designate a separate entity to conduct and maintain the oversight of
this program. However, enforcement of the requirements of this regulation will
remain with the local board of health. System monitoring may be
required.
3. A local board of
health is not required to allow reductions in soil treatment areas or vertical
or horizontal separation distances based on higher level treatment. If these
reductions are not allowed, the local board of health is not required to
implement section 43.14.D.
4.
Before permitting systems with a reduced soil treatment area as a result of
higher level treatment, a local public health agency must develop an oversight
program for inspections, maintenance, recordkeeping and enforcement to ensure
and document that the systems are meeting the designed higher level treatment
standards. At a minimum:
a. Maintain
accessible records that indicate:
(1) Owner
and contact information;
(2)
Address and legal description of property;
(3) Location of OWTS specifying location of
septic tank, higher level treatment system, soil treatment area and other
components;
(4) Description of OWTS
installed;
(5) Level of treatment
to be provided;
(6) Copy of current
contract with a service provider;
(7) Inspection and maintenance performed:
(i) Dates system was inspected and/or
maintained;
(ii) Name and contact
information of inspector and/or maintenance provider;
(iii) Condition of system at inspection;
and
(iv) Maintenance tasks
performed;
(8) Permits,
if required by the local public health agency for the work performed;
and
(9) Condition of system at
completion of any maintenance activity.
b. Frequency of inspection and maintenance
must be the most frequent of:
(1) Manufacturer
recommendations for proprietary systems or design criteria requirements for
public domain technology;
(2) Local
public health agency or Division requirements;
(3) For higher level treatment systems, two
inspections at six-month intervals for the first year of operation, followed by
annual inspections for the life of the system.
5. Owner responsibilities:
a. Ensure OWTS is operating, maintained and
performing according to the required standards for the designated treatment
level;
b. Maintain an active
service contract with a maintenance provider at all times; and
c. Each time his/her current contract with a
maintenance provider is renewed or replaced, send a copy to the local public
health agency within 30 days of signing.
6. Maintenance provider responsibilities:
a. Must notify the local public health agency
when a service contract has been terminated.
b. Must obtain appropriate
training/certification for specific proprietary treatment products as provided
by the manufacturer necessary to provide the required operation and maintenance
for said products.
E. Monitoring and Sampling
1. For an OWTS for which monitoring of
effluent is required, the local public health agency or delegated third party
must collect and test effluent samples to ensure compliance with the provisions
of this regulation.
2. Sampling may
be required by the local public health agency in conjunction with an
enforcement action.
3. Any owner or
occupant of property on which an OWTS is located may request the local public
health agency to collect and test an effluent sample from the system. The local
public health agency may perform such collection and testing services. The
owner or occupant must pay for these services.
a. If the local public health agency or a
delegated third party collects and tests effluent samples, a fee not to exceed
that which is allowed by the OWTS Act may be charged for each sample collected
and tested. Payment of such charge must be stated in the permit as a condition
for its continued use.
b.
Conditions when a local public health agency can require routine monitoring:
(1) Indications of inadequate
performance;
(2) Location in
sensitive areas;
(3) Experimental
systems; and/or
(4) Systems under
product development permits.
c. Sampling and analysis must be performed
according to American Public Health Association, American Water Works
Association, and Water Environment Federation: Standards Methods
for the Examination of Water and Wastewater, 22nd edition, 2012
(International Standard Book Number: 9780875530130).