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HomeMy WebLinkAbout1688ORDINANCE NO. Jz AN ORDINANCE defining and regulating the installation, or modification of individual sewage disposal systems: setting standards, requiring permits, setting fees and authorizing the District Health Officer to promulgate reasonable and necessary regulations to carry out the purpose of this Ordinance. WHEREAS, the unregulated design, construction, repair and installation of individual sewage disposal facilities in Port Angeles has been observed to create public health and nuisance problems due to faulty installation or improper location; and WHEREAS, it is in the best interests of the general public that the installation, repair and maintenance of individual sewage disposal systems be inspected by the health department and approved prior to use; NOW THEREFORE BE IT ORDAINED that the City Council of the City of Port Angeles does hereby adopt the following definitions and regulations relating to individual sewage disposal systems. Section 1. Definitions: The following words and terms shall apply in the interpretation and enforcement of these regulations. A. Individual Sewage Disposal System shall mean the house sewer, septic tank, absorption system and appurtenances which are used to conduct sewage in an approved manner from any premise or building to final disposal. B. Sewage shall mean any and all wastes emanating from sanitary fixtures which normally discharge to a sewerage system and shall include toilet, shower, sink and laundry wastes. C. Premises shall mean any building, structure or loca- tion utilized as a residence, place of business, place of public assembly, place of employment, or other place where persons live, congregate or are employed. • • D. Person shall mean any institution, corporation, in- dividual, partnership or association. E. Commercial Installer shall mean any person engaged in the business of installing and /or repairing individual sewage disposal systems. F. Approved shall mean having been approved in writing by the Health Officer. G. Health Officer shall mean the Health Officer of the Olympic Health District as defined by RCW 70.46, or his authorized representative. H. Health Department shall mean the Olympic Health District as legally created under the laws of the State of Washington. I. Permits shall mean a written permit issued by the Health Officer granting permission for the construction or repair of an individual sewage disposal system. J. Fees shall mean those charges made as hereinafter authorized for the issuing of permits and making inspections as found necessary. K. Installers Permit shall mean the written permit issued annually by the Health Officer to a commercial installer who has demonstrated his ability to install individual sewage disposal systems in the manner hereinafter set forth. L. Privy shall mean a structure located over a fly and rodent tight pit to be used for receiving human wastes. M. Cesspool shall mean an excavation into which raw sewage is introduced for final disposition. Section 2. Health Officer to promulgate regulations The Health Officer of the Olympic Health District, in order to protect the health and safety of the people of Port Angeles and of the general public, is hereby authorized and directed, after public hearing, to promulgate, and from time to time amend, regulations establishing minimum standards governing the design, construction, installation, and operation of individual sewage disposal systems. Such regulations shall be based on the commonly accepted standards as set forth in Bulletin E. S. No. 1, A Septic Tank System For Your Home, and U.S. Public Health Service Publication No. 526, The Manual of Septic Tank Practices and shall, in the judgement of the Health Officer, insure that wastes discharged to various individual sewage disposal systems: A. Will not contaminate any drinking water supply. B. Will not become accessible to insects, rodents, or other possible carriers of disease which may come into contact with food or drinking water. C. Will not pollute rivers, lakes, streams or other bodies of water. D. Will not create unpleasant odors or unsightly nuisance conditions. E. Will not become a health hazard by being accessible to humans or animals. The Health Officer is authorized to promulgate such additional regulations as are necessary in his judgement to carry out the provisions of this ordinance. Section 3. General Provisions. From and after the effective date of this ordinance it shall be unlawfull for any person to modify, repair or construct, or reconstruct, an individual sewage disposal system without first having obtained a permit from the Health Officer. Applica- tion for such permit shall be on forms provided and must contain information as required. It shall be unlawful for any person to deposit or allow raw sewage to flow upon the surface of the • ground or to be discharged into any lake, stream, or body of water or to otherwise pollute waters of the state. A person other than a Commercial Installer may construct, alter or repair an individual sewage disposal system on his own property providing a permit is obtained and provisions of this ordinance are complied with. Cesspools and Privies may be constructed only with the written approval of the Health Officer. A Commercial Installer or person must furnish proof if required by the Health Officer that the land area and soil conditions are adequate for receiving and absorbing sewage, such proof to be based on per- colation testa and soil logs in accordance with recommendations. When the Health Officer is satisfied that an individual sewage disposal system can safely be installed on the site for which the application is made, he shall issue a permit which shall be posted on the premises during the period of construction. A permit for installation of a sewage disposal system shall be denied wherever the Health Officer determines that ground, ground water, flooding or terrain conditions would render such installation hazardous to public health or would create a nuisance condition. A permit shall be valid for a period of 6 months from the date of issue. A lapsed permit may be renewed by making re- application to the Health Officer and the payment of a renewal fee. Section 4. Inspection Prior to covering the sewage disposal system with earth the Health Officer shall be notified that the work is ready for inspection. Within three (3) working days of such notification the Health Officer shall make an inspection of the system prior to covering. This requirement may be waived by the Health Officer but it is the responsibility of the Person or Commercial • • Installer to obtain this waiver prior to covering the system. If in his judgement, the Health Officer deems that the installation or workmanship of the installation does not meet the requirements of this ordinance he shall order corrections and cause a subsequent inspection to be made. Section 5. Installer's Permit It shall be unlawful for any Commercial Installer to engage in the business of installing or repairing sewage disposal systems without first having applied for and been issued an Installer's Permit by the Health Officer. Such permit to be issued on the basis of information presented during a written and /or oral examination which would indicate that the applicant has a basic knowledge of the proper design and function of a sewage disposal system and of the provisions of this Ordinance. The Health Officer may deny or revoke an Installer's Permit for failure to comply with the terms of this Ordinance. The Permit may be revoked for incompetency, negligence, misrepresentation, or giving fraudulent information in making application for Installer's Permit, or a Permit, or upon cancellation of the bond as hereinafter required. Any person feeling aggrieved because of the revocation or denial of his license by the Health Officer may, within thirty (30) days of the revocation or denial appeal to the City Council of Port Angeles and a hearing will be granted The determination by the City Council shall be binding upon the applicant. Prior to the issuance of an Installer's Permit the applicant must, EITHER post a bond to the City of Port Angeles in a form approved by the City Attorney in the sum of One Thousand Dollars ($1,000.00) executed by a surety company duly authorized to do business in the State of Washington, or by two good sureties not connected in business with the applicant and approved by the City Attorney, OR be in possession of a bond obtained in accordance with the Specialty Contractor Laws of the State of Washington. The said bond is to guarantee the faithful performance of all work undertaken to be done under the terms of this ordinance. Any person who may be damaged by the wrongful act of the Permitee's failure to perform work in a workmanlike manner may sue upon said bond for damages in a sum not to exceed the amount of the bond. Section 6. Authorization It shall be the duty of the Health Officer to carry out the provisions of this ordinance and he is hereby empowered to enter upon any premise at any reasonable hour for the purpose of making sewage disposal system inspections. Section 7. Fees The fee for the Installer's Permit shall be paid annually by January 30 of each year and shall be as follows: First Year $ 25.00 If not renewed by January 30 $ 50.00 For installation of a sewerage system to serve not more than a 2- family residential unit. . . . $ 15.00 For installation of a sewerage system for a commercial building, and all others $ 25.00 For each septic tank OR drainfield OR alteration to either $ 7.50 For each permit renewal $ 1.00 For each privy $ 2.00 Provided that: persons holding valid annual license *eed from Clallam County as installers shall not be required to pay the annual permit fee. Section 8. Penalties Any person who violates any provision of this ordinance, or any provision of any regulation adopted by the Health Officer pursuant to authority granted by this ordinance shall, upon conviction, be punished by a fine or not more than Two Hundred Fifty Dollars ($250.00) or by imprisonment for not more than 90 days or both such fine and imprisonment, and each days failure to comply shall constitute a separate violation. Section 9. Hearings The Health Officer shall advertise the hearing for the adoption of proposed regulations more than seven (7) days prior to the hearing. All hearings held under this ordinance for the adoption of regulations shall be open to the public and a record of the proceedings kept by the Health Officer. Section 10. Appeal Any person feeling aggrieved at any disapproval of plans or construction by the Health Officer may within fifteen (15) days appeal in writing to the City Council from such disapproval. The Council may then set a date for a hearing of appeal. The decision of the Council may be subject to appeal in the Superior Court of Clallam County. Section 11. Unconstitutionality Clause If any sentence,. clause, phrase or section of this ordinance is held to be unconstitutional, such holding does not affect the legality of any remaining portion of this ordinance. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the A? n,01. day of , 19 70 . . McNEECE City Clerk Approve t /;,/ Approve ir` TYL MO FETT City �t orney PUBLISHED: j I/NC /9 70 gPii,267o6,9 yo(3J6-