Article III — NEW OR EXISTING SYSTEMS ON EXISTING LOTS

The installation of new sewage disposal systems upon existing parcels and/or the alteration of existing sewage disposal systems located upon existing parcels shall be subject to all applicable provisions and regulations established within the town adopted on-site manual and this chapter.

(Ord. 219, § 2(part), 1992)

A.

Repairs.

No person shall alter, repair, relocate, add to or replace any existing sewage disposal system without first securing a construction permit from the on-site sanitary official.

With respect to the repair of existing sewage disposal systems, the on-site sanitary official may allow lesser distances as contained in Table 13.04.120 as they shall determine are necessary to avoid undue hardship, but that will accomplish the general purposes and intent of this chapter.

No installation is permitted under this subsection in areas not owned or controlled by the property owner, unless the area is dedicated for sewage disposal purposes, in a document recorded in the recorder's office of the county.

B.

Operating Permit Required.

Before operating any private wastewater disposal system, the owner shall first obtain a written operating permit therefor signed by the on-site sanitary official. The application for such permit shall be made on a form furnished by the town.

Operating permits shall be issued to each owner of a private wastewater disposal system by the on-site sanitary official.

Each owner of a private wastewater disposal system shall pay fees to the town as adopted by resolution of the town council. All fees collected under this section shall be used for the following purposes:

a.

Activities of the on-site wastewater zone;

b.

Processing and record keeping;

c.

Stream and subsurface water monitoring;

d.

Investigations;

e.

Informational programs concerning on-site disposal systems.

The following process shall be followed for the collection of the annual sewage disposal operating permit fee:

No later than July 15th, of each year, the Finance Director shall submit an itemized written report, showing all the parcels and owners thereof who are required to pay the Town's annual Sewage Disposal Operating

Permit fee. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the fees against it, which shall include charges sufficient to meet the administrative costs of the program.

A certified copy of the report shall be filed with the County Auditor on or before August 10th of each year for the entry of such assessment fees on the County Tax roll. The Town shall also prepare an electronic filing of such fees from the annual Wastewater Operating Permit fee report for inclusion on the next immediate tax roll.

The assessment amount shall be collected at the time and in the manner of ordinary, municipal taxes. If delinquent, the assessment amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

If a holder of an operating permit fails to pay any fee adopted pursuant to this subsection within five days after the due date, the town shall the right to record a lien against the real property being served by the private wastewater disposal system. In addition, the town shall have the right to file a lawsuit against the owner of the operating permit to collect any unpaid fees.

C.

Renewal of Operating Permits. Except as hereinafter provided, each operating permit shall be subject to renewal every time the septic tank is pumped, may be renewed every time the on-site wastewater disposal system is inspected by personnel certified by the town, shall be renewed by the new owner upon transfer of title of the lot or parcel to which the permit is applicable, and shall be renewed by the owner upon a change of occupants of business, commercial or industrial property. The town may require more frequent renewals of operating permits with respect to special wastewater disposal systems or to systems serving residences identified as having high rates of water use, or multifamily, business, commercial or industrial property which may require more frequent monitoring of special monitoring devices.

D.

Criteria of Issuance and Renewal of Operating Permits. No operating permit shall be issued or renewed with respect to a wastewater disposal system if the discharge from the system does not meet the applicable policies, regulatory provisions and standards established in the on-site manual.

(Ord. 343, § 7, 2000; Ord. 228, §§ 3(part), 4, 1993: Ord. 219, § 2(part), 1992; Ord. No. 452, § 1, 6-27-06)

Existing on-site wastewater treatment and disposal system installations observed to be operating without adverse impact to public health and safety and in accordance with the provisions of the original permit relating to the installation thereof shall be sanctioned for continued use and maintenance.

(Ord. 254, § 4, 1995; Ord. 219, § 2(part), 1992)