Health Regulations Related to On-Site Sewage Disposal Systems

 

TOWN OF READING VERMONT

HEALTH REGULATIONS

RELATING TO ON-SITE SEWAGE DISPOSAL SYSTEMS

Adopted – January 28, 1971

Amended – September 12, 1983

Adopted – May 14, 2001

Approved - June 4, 2001

Effective – July 14, 2001>

Amended – April 14, 2004

Adopted - May 10, 2004

Adopted - January 9, 2006

VSA TITLE 24 CHAPTER 102
Wastewater System and Potable Water Supply Rules
Rules effective January 1, 2005
(Vermont Department of Environmental Conservation)

TABLE OF CONTENTS

SECTION

1000
2000
3000
4000
5000
6000
7000
8000
9000

SUBJECT
PURPOSE
DEFINITIONS
APPLICABILITY OF ORDINANCE
PERMIT PROCEDURE
APPEALS
ENFORCEMENT
WATER SAVING DEVICES
INNOVATIVE / ALTERNATE SYSTEMSSEVERABILITY
ATTACHMENTS BY REFERENCE

VSA TITLE 24 CHAPTER 102
Wastewater System and Potable Water Supply Rules
Rules effective January 1, 2005
(Vermont Department of Environmental Conservation)

SEWAGE ORDINANCE FOR THE TOWN OF READING VERMONT
RELATING TO INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

SECTION  1000. PURPOSE

This ordinance is adopted under V.S.A. Title 24, chapter 102 (On-Site Sewage Systems.).  The purpose of this ordinance is to preserve the public health, prevent pollution and to secure the sanitary protection of waters.  This ordinance is intended to ensure that sewage is discharged into an approved sewage treatment system and to accomplish the following:

  • 1100.     Prevent the creation of health hazards which include, but are not limited to surfacing sewage, contaminated drinking water, ground water and surface water.
  • 1200.   Insure adequate drainage related to the proper function of sewage disposal.
  • 1300.     Insure that facilities are designed, constructed, operated, and maintained in a manner which will promote sanitary and healthful conditions.
  • 1400.   SPECIFICATIONS
    • 1.     All trenches and/or beds should be laser leveled.
    • 2.     Distribution boxes shall be set on 12” of gravel and water leveled so water exits equally from all outlets.
    • 3.     No pipe shall exit the distribution box opposite the inlet pipe.
    • 4.     Piping from the house to the septic tank shall be 4” schedule 40.  Any other piping beyond the septic tank and outside of the field trenches shall be SDR-35.
    • 5.     The thin cast concrete membranes are to be removed from inside of the access chamber at the inlet and outlet locations of concrete septic tanks to allow airflow from the leachfield and tank back into the house stack.
    • 6.     Mound systems shall require periodic inspection by the designer as construction progresses.

SECTION 2000.   DEFINITIONS

Applicant – the legal owner of the property requiring a sewage Disposal System Construction Permit.

Minor Modification –- generally understood to be the work on or replacement of the septic tank or the piping between the septic tank or the pump chamber and modification on a case-by-case basis.

Permit – a written authorization issued by the Town.

Person – any institution, public or private corporation, individual, partnership, or other entity.

Primitive Camps- A primitive camp is a structure on an individual lot that has no interior plumbing and which is occupied no more than 3 consecutive weeks per year and no more than 60 days total per year.

Sewage Disposal Systems – system for disposal of waste using undisturbed soil on-site as a disposal medium, including a tank for collection of solids and leach area for liquids, or any other system which disposes of wastewater on site.  This shall include multiple family, commercial, and industrial on-site disposal systems, as well as individual single family homes.

Sewage Officer – the legally designated person or persons acting under authority of this ordinance.

Single Family – A group of persons related by blood or marriage or a group of persons unrelated by blood or marriage living together as a household.

Single Family Dwelling – Separate living quarters with cooking, sleeping, and sanitary facilities provided within a dwelling unit for the use of a single family maintaining a household.

Town – The Town of Reading Vermont

Wastewater System and Potable Water Rules effective January 1, 2005 promulgated by the Vermont Department of Environmental Conservation.  These rules are incorporated into this ordinance by reference.

SECTION 3000.   APPLICABILITY OF ORDINANCE

All sewage disposal systems shall be built, altered, repaired, and used in accordance with this ordinance.  This includes, but is not limited to, sewage disposal systems for seasonal dwellings, single and multiple family homes, commercial and industrial properties.

  • 3200.     SINGLE FAMILY RESIDENTIAL STRUCTURES

All single family residences shall receive a Disposal System Construction Permit before commencement of construction on the property.  Construction shall be understood to mean the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, including foundation excavation, foundation or building construction, and shall include site work which involves or may affect any portion of existing or proposed sewage disposal or water supply facilities for the structure, and any change in the use of any     structure.

  • 3210.   SINGLE FAMILY RESIDENTIAL STRUCTURE DISPOSAL SYSTEM  ALTERATIONS

No sewage disposal system shall be altered, repaired, or rebuilt in any way, except as provided in SECTION 3220 until a Disposal System Construction Permit has been issued.

  • 3220.     EXCEPTIONS: MINOR MODIFICATIONS

When a minor modification (see Definitions) to an existing system for a single family dwelling is proposed, the Sewage Officer may waive the disposal system construction permit requirement on a case-by-case basis and issue a minor permit.  The Sewage Officer will determine what constitutes a minor modification. 

  • 3300.     MULTIPLE (INCLUDING DUPLEXES) FAMILY DWELLINGS

All multiple family dwellings are required to submit an approved Wastewater System and Potable Water Supply State Permit before commencement of construction on the property. Such permits shall satisfy the DISPOSAL SYSTEM CONSTRUCTION PERMIT requirement of Section 4200 of this ordinance unless evidence is submitted that the permit is based on false, fraudulent, or misleading information.  All multiple family dwellings shall obtain a Certificate of Compliance as required by Section 4400 of this ordinance.

  • 3400.     COMMERCIAL AND INDUSTRIAL STRUCTURES

All commercial and industrial structures shall submit an approved Wastewater System and Potable Water Supply State Permit prior to commencement of construction on the property.  Such permits shall satisfy the construction permit requirement of Section 4200 of this ordinance unless evidence is submitted that the permit is based on false, fraudulent, or misleading information.

All commercial and industrial structures shall obtain a Certificate of Compliance as required by Section 4400 of this ordinance.

  • 3500.     CHANGE OF USE
  • 3510.     Change of use shall include, but is not limited to the addition of plumbing or running water, the addition of bedrooms, conversion of seasonal dwellings to single or multiple family residential structures conversion of single family residential structure, to multiple or commercial or industrial use.
  • 3520.     No structure shall be altered in any way so as to change the use of the structure until the Sewage Officer is satisfied that the existing sewage disposal system is adequate for the proposed use or a Disposal System Construction Permit has been issued for the proposed use.
  • 3530.   No structure shall be altered in anyway so as to change the use of the structure unless the sewage disposal system and all proposed alterations meet the   minimum standards of this ordinance.
  • 3600.     REPLACEMENT SYSTEMS

Before a failed system is replaced, the cause of the failure shall be determined to assure that a subsequent failure is avoided.

A Disposal System Construction Permit must be obtained prior to installing a replacement system.  A Certificate of Compliance shall be obtained following the installation of the system.

  • 3610.     Existing single family dwelling and seasonal dwelling sewage disposal systems in operation at the time of adoption of this ordinance that were constructed in accordance with any applicable regulations are accepted, provided that such systems do not create a health hazard, nuisance or pollute surface or groundwater.  Whether an existing system is causing a health hazard, nuisance or is polluting surface or groundwater shall be determined by the Sewage Officer.  Existing systems determined to be a health hazard; nuisance or polluting surface or groundwater shall be upgraded to meet the standards of this ordinance to the extent possible.
  • 3615.   VARIANCES
    • (A)Variances from the technical standards of these Rules for replacement wastewater systems may be granted in the following limited circumstances:
      • (1)   Replacement systems shall be constructed in accordance with the requirements for new wastewater systems whenever possible.
      • (2)   Replacement systems that serve lots, buildings or structures, or campgrounds under this ordinance may be granted the minimum necessary variances from the technical standards when full compliance cannot be obtained or when it would not be cost effective, meaning the value of the incremental increase in environmental and human health protection does not outweigh the cost of achieving the incremental increase. Some replacement systems also require State approval, in which case an approved state permit shall be submitted for approval by the Sewage Officer, prior to the commencement of construction of the replacement system.
      • (3)   A wastewater system does not have to be a failed system in order to qualify for a variance.
      • (4)   Any replacement system must result in equal or better environmental and human health protection than the previous system.
      • (5)   Variances may not be granted if they would allow a replacement system to remain a failed system.
    • (B)Variances will not be granted for replacement systems when:
      • (1)   The replacement system is for a project that required a permit under this or a previous town sewage ordinance but never obtained the permit; or
      • (2)   The replacement system will allow an increase in design flow.
    • (C)  Requests for variances shall be accompanied by plans and specifications for the wastewater system for which a variance is being requested and a statement of the grounds for the request. The disposition of the variance request shall be in writing and shall state the reasons for a denial or the specifications and conditions of any approval.
    • (D) Approval of a variance under this section shall not relieve the applicant of the responsibility to comply with all other applicable State and local laws, rules or ordinances.
    • (E)  Variances related to a potable water supply are governed by the Vermont Water Supply Rules.
  • 3620.     Replacement systems for single family homes and seasonal dwellings which have an approved replacement or contiguous area shall be installed in the approved area in accordance with the original permit issued unless a new location meeting the current standards can be approved.  The replacement septic system shall, at a minimum, meet the standards in effect when the original system was permitted.  Applicants are encouraged to take advantage of improved design technology, if applicable.
  • 3630.     Replacement systems for multiple family dwellings and commercial and industrial structures shall be constructed in accordance with relevant state regulations. An approved state permit shall be submitted for approval by the Sewage Officer, prior to commencement of construction of the replacement system.
  • 3700.     OTHER APPLICABLE REGULATIONS

In case of any other applicable regulation, bylaw, ordinance, or statute which differs from this ordinance, the stricter authority shall apply.

SECTION  4000. PERMIT PROCEDURE

  • 4100.     APPLICATION FEES

Application fees for permits shall be established by the Selectboard.

  • 4200.   DISPOSAL SYSTEM CONSTRUCTION PERMIT

The owner of any property, the useful occupancy of which requires a sewage disposal system, shall apply for a Disposal System Construction Permit.  The owner of any property on which a sewage disposal system is proposed to be built, altered, or replaced shall apply for a Disposal System Construction Permit.  The application shall contain soil and site information as required by Vermont Wastewater System and Potable Water Supply Rules (see definitions) and a design for a disposal system and a replacement system.  The system shall be designed as specified by the Vermont Wastewater System and Potable Water Supply Rules.  The basis for the disposal system design shall be a peak flow of 70 gallons per person per day where the first three bedrooms shall be assumed to have two persons per bedroom.  For additional design flow rules see § 1-504.  Wells must be properly isolated from septic systems, in accordance with Vermont Wastewater System and Potable Water Supply Rules.  No reduction in the size of mound systems shall be permitted.

Technical information for the application shall be prepared by a certified Site Technician B, or a professional engineer registered in the State of Vermont.

The Construction Permit shall be granted or denied by the Sewage Officer.  If the disposal system is not constructed within two (2) years of the date the permit was issued, the permit must be renewed (see Section 4500 Terms and Conditions of Permits).

  • 4300.   MINOR PERMITS: SIMPLIFIED APPLICATION PROCESS FOR MINOR  MODIFICATIONS AND STUCTURES NOT REQUIRING A SEWAGE DISPOSAL  SYSTEM

The owner of an property intending to make a minor modification (see Section 3220) or construct a structure that qualifies as a primitive camp, the useful occupancy of which shall not require running water, shall make an application for a Minor Permit on the prescribed form.  Such minor modifications shall not include changes of use as described in Section 3500.  Vault or pit privies shall receive a Minor Permit prior to installation (see Section 7100).  Such application shall contain sufficient information to enable the Sewage Officer to evaluate the project.  Application shall be made prior to commencement of construction.

  • 4400.   CERTIFICATE OF COMPLIANCE

The Sewage Officer or his/her designee shall inspect all systems before they are covered with soil.  The Sewage Officer may request to inspect systems at different stages during installation.  The Town shall receive a minimum of 48 hours notice for a final inspection.  An approved designer shall submit a final inspection report to the Sewage Officer.  Such report shall certify that the disposal system has been installed as approved or variation s from the approved design shall be noted in the report.  The Sewage Officer shall issue a Certificate of Compliance Permit when satisfied with the installed sewage system.  The newly constructed dwelling may not be occupied until the Certificate of Compliance has been issued.  Existing dwellings which require a replacement system may be occupied provided a certificate of compliance is obtained within a reasonable period of time from commencement of installation of the system.  The Sewage Officer shall decide what is a reasonable amount of time.

  • 4500.     TERMS AND CONDITIONS OF THE PERMITS
  • 4510.     If the disposal system is not constructed within two (2) years of the date the Disposal System Construction Permit was issued, the permit must be renewed.  Renewal shall occur prior to the time of construction of the disposal system.  The Sewage Officer can set terms and conditions on the renewal permit.  The permit may be renewed when the applicant submits a report to the Sewage Officer that verifies the original permit conditions can be met, including, but not limited to site conditions and water supplies.  The Sewage Officer may request the applicant to submit a recommendation prepared by a qualified consultant (see Section 4200) if additional information is needed to certify that site conditions have not changed and that the original permit conditions can be met.  Permits shall be renewed unless they are found to be based on false, fraudulent, or misleading information or the original permit conditions can no longer be met.
  • 4520.     Disposal System Construction Permits that have been denied renewal are void.  A new application must be made for a Disposal System Construction Permit.  The conditions of the ordinance in effect at the time of application shall apply to this new permit.
  • 4530.   Conditions of construction or use may be placed on the Disposal System Construction Permit of the Certificate of Compliance.
  • 4540.   All permits run with the land and are binding upon each and all subsequent owners.  At the discretion of the Sewage Officer all permits issued under this ordinance, or those permits with conditions of use issued pursuant to this ordinance, may be filed in the Town land records.
  • 4550.   Easements for off-lot sewage disposal systems must be conveyed to the permittee and recorded in the land records of both the conveyor and the permittee prior to issuance of a construction permit.
  • 4600.   REVOCATION OF PERMITS
  • 4610.   A Disposal System Construction Permit, Minor Permit, or a Certificate of  Compliance may be revoked by the Sewage Officer for any of the following             reasons:
  • 4611.   False, fraudulent, or misleading information contained in the permit application.
  • 4612.   Installation of a system which does not comply with the conditions of the permit.
  • 4613.   Alteration of the proposed septic system site or replacement area including effluent dispersion areas so that proposed septic system does not comply with        this ordinance.
  • 4614.   Information which shows the proposed septic system will not comply with this  ordinance, including, but not limited to, insufficient isolation distances to water supplies.
  • 4615.   Failure to comply with this ordinance or any terms or conditions of permits issued under this ordinance.
  • 4620.   Petition for Revocation: A written petition for revocation shall be addressed to the Sewage Officer and shall set forth the name and address of the petitioner, the petitioner’s interest in the matter, and a brief statement outlining the basis for revocation of permit.  Revocation shall only proceed based on the standards established in Sections 4611 through 4615.

The Selectboard may file a petition and participate in revocation proceedings.

The Selectboard shall notify the permit holder in writing of petition for revocation of permit within 72 hours.

  • 4630.   Receipt of the petition shall initiate the revocation procedure.  The Selectboard shall hold a hearing within thirty days of the Sewage Officer receiving a       revocation petition.  The Selectboard shall render a decision within fifteen days of the conclusion of the hearing.
  • 4640.   The Sewage Officer shall give the permit holder written notice of revocation of the permit within 72 hours of revocation.  All sewage disposal system work must cease immediately upon notification of revocation of the permit. All new construction shall cease except for the protection existing completed work.

SECTION  5000. APPEALS

Any applicant aggrieved by a decision of the Sewage Officer may appeal that decision in writing to the Selectboard within thirty (30) days of such decision.  The Selectboard shall hold a hearing within thirty (30) days of such an appeal and shall render a decision within fifteen (15) days after the close of such hearing.  Following the Selectboard’s hearing, any person aggrieved by a decision of the Selectboard may appeal that decision to the Superior Court.  The administrative process must be exhausted before appeal to the Superior Court.

SECTION  6000. ENFORCEMENT

A person who neglects or refuses to comply with the provision of this ordinance may be fined not more than $500 for each offense by the Superior Court.  Each day that a violation is continued shall constitute a separate offense (24 VSA, Section 1974).

SECTION 7000.  WATER SAVING FIXTURES, INNOVATIVE SYSTEMS  AND OTHER  WATER SAVING DEVICES.

  • 7100.     Properly sealed vault privies, outhouses and similar facilities may be used provided they meet the isolation distances established in the Wastewater System and Potable Water Supply Rules § 1-503.  The Sewage Officer shall determine if proper isolation distances are maintained.  A permit shall be obtained prior to contracting for, or installation of, vault privies, outhouses, or similar facilities.
  • 7200.    All sewage generated in a residence using waterless toilets shall be conveyed, treated and disposed of in the same manner as other sewage, as provided for in this ordinance which includes obtaining a design prepared by a certified site B technician or professional engineer registered in the State of Vermont.  A Disposal Construction Permit and Certificate of Compliance is required.
  • 7300.    Pit privies will not normally be approved, but may be considered on a case-by-case basis if they meet all the isolation distances and separation from groundwater and bedrock, ledge, and impermeable soil applicable to leach fields.

SECTION 8000. INNOVATIVE/ALTERNATE SYSTEMS

As referenced in § 1-309 of the Wastewater System and Potable Water Supply Rules effective 

SECTION 9000.  SEVERABILITY

If any portion of this Ordinance is held unconstitutional or invalid by a court of  competent jurisdiction, the remainder of this Ordinance shall not be affected.

Approval of any sewage disposal system design and installation by the granting of a Disposal System Construction Permit and certificate of compliance shall not imply that the approved system will be free from malfunction.  Proper maintenance of septic systems is vital to their proper functioning.  The provisions of this ordinance shall not create liability on the part of the town, of any town official, or employee for the sewage disposal system.

Adopted by the Selectboard and the Health and Sewage Officer on January 9, 2006.

Approved by Jeffrey Wennberg, Commissioner