Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
211.357,
211.360,
211.370,
211.375,
211.380,
211.970,
211.976,
211.990(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.350 provides that no person, firm, or
corporation shall construct, install, alter or cause to be constructed,
installed, or altered any on-site sewage disposal system subject to
administrative regulation by the cabinet without having first obtained an
on-site sewage disposal permit from the local health department.
KRS
211.355 authorizes a local board of health to
establish a schedule of fees reasonably related to the cost of administering
programs including inspections incidental to construction, installation, and
alteration of on-site sewage disposal systems, and inspections incidental to
maintenance and operation of on-site sewage disposal systems. This
administrative regulation establishes the requirements for issuance of
permits.
Section 1. Definitions.
(1) "Alter" means to make a physical change
in the original design, sizing, layout, components, location, or method of
operation, either individually or in any combination of changes, of an existing
on-site sewage disposal system, as a result of necessary repair or a change in
wasteload volume or wasteload characteristics.
(2) "Approved" is defined by
KRS
211.970(1).
(3) "Cabinet" is defined by
KRS
211.970(2).
(4) "Certified inspector" means an individual
certified under the provisions of
KRS
211.360.
(5) "Certified installer" means a specific
individual person who has met the requirements for certification contained in
KRS
211.357 and
902
KAR 10:140.
(6) "Component" means any device used in the
construction, installation or alteration of an on-site sewage disposal system
which forms an integral part of that system and has been approved for that
specific use by the cabinet.
(7)
"Construct" or "install" means the physical assembly of various necessary
components and materials into an on-site sewage disposal system and includes
all necessary design, site layout, excavation, backfilling, and additional site
fill work that may be required to produce a finished on-site system.
(8) "Homeowner" means a specific individual
person who actually occupies the single family residence where a proposed new
on-site sewage disposal system is intended to serve, or where an existing
system that is proposed to be altered serves, or who proposes to construct or
have constructed a single family residence for personal use and occupancy where
a proposed new on-site system is intended to serve. This term shall not include
any person who is a builder or contractor who engages in a business of
constructing or rehabilitating residential structures for sale or
resale.
(9) "On-site sewage
disposal system", "on-site sewage system", or " on-site system" means a system
installed on a parcel of land, under the control or ownership of a person, that
accepts sewage for treatment and ultimate disposal under the surface of the
ground, including:
(a) A conventional system
consisting of a sewage pretreatment unit, distribution devices, and lateral
piping within rock-filled trenches or beds;
(b) A modified system consisting of:
1. A conventional system enhanced by shallow
trench or bed placement;
2.
Artificial drainage systems;
3.
Dosing;
4. Alternating lateral
fields;
5. Fill soil over the
lateral field; or
6. Other
necessary modifications to the site, system, or wasteload to overcome site
limitations;
(c) An
alternative system consisting of:
1. A sewage
pretreatment unit;
2. Necessary
site modifications;
3. Wasteload
modifications; and
4. A subsurface
soil treatment and dispersal system using methods and technologies other than a
conventional or modified system to overcome site limitations;
(d) A cluster system;
and
(e) A holding tank that
provides limited pretreatment and storage for off-site disposal where site
limitations preclude immediate installation of a subsurface soil treatment and
dispersal system or connection to a municipal sewer.
(10) "Person" is defined by
KRS
211.970(6).
Section 2. Issuance of Permits.
(1) A certified installer or homeowner
meeting the requirements of this administrative regulation shall complete and
submit to the local health department certified inspector having jurisdiction:
(a) A DFS-307, On-site Sewage Disposal System
Construction Application and Permit;
(b) The on-site sewage disposal permit fee of
fifty (50) dollars; and
(c) The
required fee as established by the local board of health in accordance with
KRS
211.355.
(2) The on-site sewage disposal cluster
system plan review shall be:
(a) Submitted to
the Environmental Management Branch; and
(b) Accompanied by the $600 permit fee
payable by check or money order to the Kentucky State Treasurer.
(3) Except as otherwise provided
by subsection (4) of this section, permits to construct, install, or alter
on-site sewage disposal systems shall be issued only to certified
installers.
(4) Permits to
construct, install, or alter on-site sewage disposal systems may be issued to
homeowners provided:
(a) Application is made
for a permit as specified in
902 KAR
10:085, Section 2(1)(g), (h), and (i) prior to
construction of any portion of the proposed on-site sewage disposal
system;
(b) All work is performed
in compliance with
902
KAR 10:081,
902 KAR
10:085, and this administrative regulation;
(c) All work is personally performed by the
homeowner, except that necessary excavation and backfilling work may be
performed by a certified installer if notification of intent is made at the
time of application for a permit, and the certified installer's name and
certification number are included on the application;
(d) If local electrical codes require
electrically operated components of an on-site sewage disposal system to be
connected to electrical service only by a certified or licensed professional
electrician, and do not permit homeowner performed work, that work shall also
be excepted from the requirements of paragraph (c) of this subsection;
and
(e) No person shall be issued
more than one (1) homeowner permit to construct or alter an on-site sewage
disposal system in any five (5) year period, except in instances of necessary
repair or alteration of the originally permitted on-site system.
Section 3.
Incorporation by Reference.
(1) DFS-307,
"On-site Sewage Disposal System Construction Application and Permit", (10/20)
is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department for Public Health, 275 East Main Street,
Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
211.350,
211.355