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Individual Sewage
SECTION
1.
PURPOSE
This ordinance is promulgated under V.S.A. Title 18, Section 613 (Powers
of Local Board of Health). The
purpose of this ordinance is to:
1. prevent the creation
of health hazards; 2. prevent
surfacing sewage; the contamination of drinking water, groundwater, and surface
water; 3. insure
adequate drainage related to the proper functioning of sewage disposal; and 4. insure
that facilities are designed, constructed, operated, and maintained in a manner
which will promote sanitary and healthful conditions.
SECTION 2.
APPLICABILITY OF ORDINANCE
No individual sewage disposal system shall be built or used except in
accordance with this ordinance, and only after a permit has been issued by the
Health Officer. When a minor
modification to an existing system is proposed, the Local Board of Health may
waive the permit requirement on a case by case basis.
Existing domestic sewage disposal systems in operation at the time of
adoption of this ordinance shall be considered approved, provided that such
systems do not create a health hazard or nuisance.
Where a municipal sewer is available for connection from a building, a
building sewer handling domestic sewage shall be connected to the municipal
sewer. In the case of any other
applicable regulation, bylaw, ordinance or statute which differs from this
ordinance, the more strict shall apply.
SECTION 3.
APPLICATION PROCEDURE
Any person who intends to build, replace or alter a sewage disposal
system shall submit an application for a Construction Permit to the Health
Officer or his authorized agent. The
application shall contain soil and site information as required by Vermont
Health Regulations, Chapter 5, Subchapter 10, Wastewater Treatment and
Disposal--Individual On-Site Systems (incorporated herein by reference and
hereafter referred to as "Vermont Health Regulations").
Individual sewage disposal systems shall be designed in accord with the
design specifications in the Vermont Health Regulations. a. Occupancy Permit The applicant
shall notify the Local Health Officer or his authorized agent at least 48 hours
in advance of the date the sewage disposal system is to be installed so that the
Health Officer or his authorized agent can make an inspection during
construction. The sewage disposal
facilities shall not be used until such facilities have been certified by the
Local Health Officer or his authorized agent as being in compliance with this
ordinance.
SECTION 4.
ALTERNATIVE SYSTEMS
a.
Chemical toilets, privies, composting toilets and incineration toilets
may be approved on a case by case basis by the Local Health Officer or his duly
appointed agent. If one of the
above toilets is used and soil conditions allow, the absorption area of the
associated subsurface sewage disposal system may be reduced, provided sufficient
area is available to add to the leach field in the event that conventional
toilets are used to replace the waterless toilets.
Full replacement area for a subsurface disposal field is also required.
Reduction in the size of any mound system will not be permitted.
In allowing a reduction of a subsurface disposal field, the Local Board
of Health shall insure that subsequent owners of the property are aware of the
limitations of the reduced disposal field and that said disposal area is
increased to normal size prior to installation of water-type toilets. b.
At the discretion of the Local Board of Health, and authorized in
writing, deviations from the design specifications may be allowed.
Such deviations will only be allowed if the minimum soil and site
requirements and the performance standards of the Vermont Health Regulations
will be met. c.
If a person wishes to use a sewage disposal system not in accordance with
this ordinance, the Local Board of Health may present the proposed system to the
State Board of Health for approval. If
a proposed alternative system is approved by the State Board of Health, the
Local Board of Health may permit use of the system.
SECTION 5.
ADMINISTRATIVE PROCEDURE
This procedure is adopted by the authority granted in 18 V.S.A. Section
613 with approval of the State Board of Health, and in accordance with Section
5-909 of the Vermont Health Regulations, Chapter 5, Subchapter 10. a.
Technical Information Technical
information required in the application for Construction and Occupancy Permits
shall be prepared by a Sanitary Site Technician of the Vermont Association of
Conservation Districts, Inc. licensed professional civil or sanitary engineer,
or a certified site technician. b.
Permit Granting Authority Technical
information shall be reviewed and Construction and Occupancy Permits shall be
granted or denied by the Town Health Officer or his authorized agent. c.
Appeals Applicants may
appeal decisions of the Permit Granting Authority to the Local Board of Health.
Decision of the Local Board of Health may be appealed to the Superior
Court.
SECTION 6.
ENFORCEMENT
a.
Written Orders
i.
If the Health Officer or his authorized agent finds a person failing to
comply with this ordinance he may, in writing, order the person to comply within
a specified period of time (18 V.S.A. Section 614). ii. A Person who neglects or refuses to comply with a written order of the local Board of Health, the Health Officer, or his authorized agent, may be fined not more than $500 for each offense. Each week that a violation is continued shall constitute a separate offense (24 V.S.A. Section 1974).
iii.
Upon such neglect or refusal, the Local Board of Health may prevent,
remove or destroy any unhealthful conditions or causes of sickness.
Expenses incurred by such action shall be recovered from the person whose
legal duty it was to comply with such order (18 V.S.A. Section 610). b. Hindrance
Any person who attempts to hinder the work of the Health Officer or his
authorized agent, or the Local Board of Health shall be fined not more than $500
for each offense (18 V.S.A. Section 616).
SECTION 7.
DEFINITIONS
a.
Applicant -- the person who owns the premises on which the sewage
disposal system will be constructed. b.
Local Board of Health -- the Local Health Officer, with the
Selectmen of the Town. c.
Local Health Officer -- the legally designated health authority of
the Town. d.
On-Site Sewage System -- system for disposal of domestic waste
using soil as a disposal medium, including a tank for collection of solids and a
leach area for liquids. e.
Permit -- a written permit issued by the Local Board of Health or
other authorized person. Said permit shall become void if not used within two years
after the date it is issued. f.
Person -- any institution, public or private corporation,
individual, partnership, or other entity g.
Subsurface Sewage Disposal System -- any system which treats and
disposes of domestic sewage underground. Submitted
by Local Board of Health: s/ Brent Bresette March 22, 1983
Health Officer Richard F. Wood March 21, 1983
Chairman, Board of Selectmen Approved by the Vermont Board of Health s/ Roberta R. Coffin
June 7, 1983 Adopted by the Local Board of Health s/ Brent Bresette March 21, 1983 And
Made Effective: June 7, 1983 (This
Ordinance drafted by Vermont
Association of Conservation Districts, Inc., P.O. Drawer B, Montpelier, Vermont
05602, 229-4982) RESOLUTION FOR SETTING FEES FOR
SEPTIC DESIGN REVIEW SERVICES WHEREAS,
the Town of Brandon desires to fairly and equitably enforce the
regulations set forth in the Septic Ordinance, and WHEREAS,
the Town of Brandon has agreed to contract out septic design review
services with the Vermont Association of Conservation Districts (VACD), and WHEREAS,
the cost of VACD services are established as follows:
Review State
Charge Perc Test & Test Pit Review $ 50.00 Design Review 50.00 Final Inspection 50.00 Complete Review Service
$150.00, and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF BRANDON THAT: 1. Test pit review and design review fees shall be paid by the applicant upon submitting the individual wastewater disposal system application. 2. The fee charged for the final inspection, if performed by VACD, shall be paid by the applicant before the issuance of the occupancy permit. 3 Any septic review service performed by the State of Vermont is not subject to review by VACD and therefore no septic review fees (other than the application fee of $25.00) shall be charged to the applicant. 4.
That this resolution shall be in full force and effect this 12th day of
January, 1993.
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