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Sewer Ordinance October
12, 1993
Proposed
amendments to Article I Individual Sewage Disposal Systems - FIFTH DRAFT Delete
all text of the 1983 Ordinance and substitute the following in its place:
SEWAGE
ORDINANCE FOR THE TOWN OF BRANDON, VERMONT
RELATING TO INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS SECTION
I 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:
1. prevent the creation
of health hazards which include, but are not limited to surfacing sewage; the
contamination of drinking water, groundwater, and surface water;
2. insure adequate
drainage related to the proper function of sewage disposal; and
3. insure that
facilities are designed, constructed, operated, and maintained in a manner which
will promote sanitary and healthful conditions. SECTION
II DEFINITIONS
Applicant -- the legal owner of the property on which the sewage
disposal system will be constructed.
Designated Review Personnel --
any qualified person or firm designated by the Sewage Officer to aid in
review and inspection of an on site sewage disposal system.
Minor Modification -- generally
understood to be work on or replacement of the septic tank or the piping between
the septic tank or the pump chamber and the house.
The Sewage Officer shall decide what constitutes a minor modification on
a case by case basis.
Sewage Disposal System -- system for disposal of waste using
undisturbed soil on-site as a disposal medium, including a tank for collection
of solids and a 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.
Permit -- a written authorization issued by the town sewage
officer or other authorized person. Said
permit shall become void if not used within two years after the date it is
issued.
Person -- any institution, public or private corporation,
individual, partnership, or other entity.
Seasonal Dwellings --
a structure which is not a primary residence and is not occupied for more
than six (6) months of the year.
Sewage Officer -- the
legally designated authority of the town acting under authority of this
ordinance. The Sewage Officer shall
be appointed by the Board of Selectmen. The
Sewage Officer may be the town's Health Officer, Administrative Officer, or
other town official.
Vermont Health Regulations --
Vermont Health Regulations Chapter 5, Sanitary Engineering; Subchapter
10, Wastewater Treatment and Disposal -- Individual On-Site systems; effective
June 7, 1983, promulgated by the Vermont Department of Health and adopted by the
Vermont Department of Water Resources and Environmental Engineering, July 1,
1984. These Regulations are
incorporated into this ordinance by reference.
SECTION
III APPLICABILITY OF ORDINANCE
1. Sewage disposal
systems shall be built, altered, repaired and used in accordance with this
ordinance, and only after a permit has been issued by the Sewage
Officer.
2. When a minor
modification to an existing system 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.
3. Change of use shall
include, but is not limited to, the addition of plumbing or running water, the
addition of bedrooms, conversion of single family residential structures to
multiple or commercial or industrial use. 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 and that the sewage disposal system and all
proposed alterations meet the minimum standards of this ordinance.
4. Existing sewage
disposal systems in operation at the time of adoption of the original ordinance
on March 21, 1983 shall be considered approved, 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
polluting surface or groundwater shall be determined by the Sewage Officer or
Health 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.
5. Any seasonal dwelling
constructed after the enactment of this ordinance must receive a disposal system
construction permit meeting the full minimum standards of this ordinance if the
useful occupancy of the dwelling requires running water.
All seasonal dwellings which will not have plumbing and which shall have
no running water at any time do not need a disposal system construction permit.
These seasonal dwellings shall receive a minor permit from the town prior
to commencement of construction on the property.
The use of any seasonal dwelling shall not be changed until the necessary
requirements are met.
6. Where a municipal
sewer is available for connection from a building, the building shall be
connected to the municipal sewer.
7. In the case of any
other applicable regulation, bylaw, ordinance or statute which differs from this
ordinance, the more strict shall apply. SECTION
IV PERMIT PROCEDURE
1. Applications fees for
permits shall be established by the Board of Selectmen.
2. All application shall
be reviewed by the Town's designated review personnel.
Such review includes site and test pit evaluation; review of all
paperwork and designs submitted; and review of final construction of the system.
Each step of the review process must be complete prior to advancing to
the subsequent step. Exception: If
the applicant must have a State engineer review for the purpose of obtaining a
State Water Supply and Wastewater Disposal Permit, it may not be necessary for
the Sewage Officer to do a full review process.
3. Any person who
intends to build, replace or alter a sewage disposal system shall notify, in
writing, the sewage officer at
least seven business days prior to conducting any excavation to determine soil
profiles or to conduct percolation tests that will be part of an application to
construct an on-site sewage disposal system.
Such notice is necessary to enable the Sewage Officer to determine the
need and arrange for Town review on-site at the time of the actual tests.
4. The applicant must
then submit an application for a Construction Permit to the Sewage Officer or
his authorized agent. The
application shall contain soil and site information as required by Vermont
Health Regulations, a design of the system that meets the specifications in the
Vermont Health Regulations.
5. Technical information
for the application shall be prepared by a certified Site Technician or a
professional Sanitary or Civil Engineer registered in the State of Vermont. This person shall certify that the application submitted
contains accurate soil and site information and a design that meets the
specification in the Vermont Health Regulations.
6. All applications
shall be reviewed by the town's designated review personnel.
The applicant shall be notified within ten business days of any questions
or concerns by this review and given the opportunity to correct any problems.
When it is determined that the information submitted with the application
complies with the Vermont Health Regulations, a Construction Permit shall be
granted by the Sewage Officer. This
permit shall become void if the disposal system is not completed within two (2)
years of the date of issue.
7. The applicant shall
notify the Sewage 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 Sewage
Officer or his authorized agent may make an inspection during
construction. The actual
installation of the system shall be supervised by the professional who designed
the system.
8. The applicant shall
notify the Sewage Officer or his authorized agent at least 48 hours in advance
of the anticipated date of completion of the system to allow a final inspection
by the Sewage Officer or his authorized agent prior to covering the system. The designer shall submit a final inspection report to the
Sewage Officer. Such report shall
certify if the disposal system has been installed as approved. Any variations from the approved design shall be noted in the
report.
9. The sewage disposal
facilities shall not be used until the Sewage
Officer or his authorized agent has issued an Occupancy Permit. This Occupancy Permit shall not be issued until the Sewage
Officer has received and reviewed the final inspection report of the designer as
being in compliance with this ordinance including any variations from the
approved design. Existing dwellings
which require a replacement system may be occupied provided a certificate of
occupancy 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, not to exceed
thirty (30) days.
10. In situations where the
effects of an improperly designed individual sewage disposal system are likely
to have a substantial adverse impact on the public health and safety -- e.g.,
development within the Aquifer District as described in the Brandon Land Use
Ordinance, projects that would require PRD approval according to the Brandon
Land Use Ordinance, etc. -- the
town may have the plans for any individual sewage disposal systems reviewed, at
the expense of the applicant, by a qualified civil or sanitary engineer or
certified site technician. In such
cases, the approval of the Sewage Officer or his authorized agent shall be
contingent on certification of such engineer or technician that the plans are in
compliance with this ordinance.
11. Conditions of construction
or use may be placed on the Disposal System Construction Permit or the
Certificate of Occupancy.
12. All permits run with the
land and are binding upon each and 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.
13. Easements to allow ingress
and egress for the construction, maintenance and repair of off-lot sewage
disposal systems must be conveyed to the permittee and recorded in the land
records of both the conveyer and the permittee prior to issuance of a
construction permit. Easements for
off-lot sewage disposal systems may be allowed for pre-existing lots. SECTION
V WATER SAVING AND
COMPOSTING TOILETS AND OTHER WATER SAVING DEVICES and ALTERNATIVES SYSTEMS Water
conservation is strongly encouraged as it will increase the life of septic
systems.
1. Privies, outhouses
and similar facilities with properly sealed vaults may be used in seasonal
dwellings which will not have plumbing and which shall have no running water at
any time, provided they meet the isolation distances established in Chapter 5,
subchapter 10, Appendix A for disposal fields.
The Sewage Officer shall determine if proper isolation distances are
maintained. A minor permit shall be
obtained prior to contracting for, or installation of, vault privies, outhouses,
or similar facilities.
2. Unsealed pit privies
will not normally be approved, but may be considered on a case-by-case basis for
seasonal dwellings which will not have plumbing and which shall have no running
water at any time, if they meet all the isolation distances and separation from
groundwater and bedrock, ledge and impermeable soil applicable to leach fields.
3. 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
included obtaining Disposal System Construction Permit and Certificate of
Occupancy. For residences permitted
to use waterless toilets, the leach field for the septic system may be reduced
in size by 35 percent, provided sufficient area which will comply with the
Vermont Health Regulations exists to expand the field to full size should
conventional toilets be installed, and a full size replacement area is
identified and reserved. Mound
systems may not be reduced in size. If
allowed a reduction of a subsurface disposal field, the applicant shall insure
that subsequent owners of the property are aware of the limitations of the
reduced disposal field and that said disposal area is to be increased to normal
size prior to installation of water-type toilets. SECTION
VI PERMITTED DEVIATIONS
1. At the discretion of the Board of Selectmen, and authorized in writing,
deviations from the design specifications in Sections 5-905, Building Sewers,
and 5-907, Disposal Fields, of the Vermont Health Regulations 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.
2. If a person wishes to
use a sewage disposal system not in accordance with this ordinance, the
applicant may present the proposed system to the Department of Environmental
Conservation for approval. If a
proposed alternative system is approved by the Department of Environmental
Conservation, the Sewage Officer may permit use of the system. SECTION
VII REVOCATION OF PERMITS A
Disposal System Construction Permit, Minor Permit or Certificate of Occupancy
may be revoked by the Sewage Officer at any time during the process for any of
the following reasons:
1. False, fraudulent, or
misleading information contained in the permit application.
2. Installation of a
system which does not comply with the conditions of the permit.
3. Alteration of the
proposed septic system site or replacement area including effluent dispersion
areas so that the proposed septic system does not comply with this ordinance.
4. Information which
shows the proposed septic system will not comply with this ordinance, including,
but not limited to, insufficient isolation distances to water supplies.
5. 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. Current residents
(tenants) will receive a copy of the notice. SECTION
VIII APPEALS
Any applicant aggrieved by a decision of the Sewage Officer
may appeal that decision in writing to the
Board of Selectmen within thirty (30) days of such decision.
The Board of Selectmen 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. Decision of
the Board of Selectmen may be appealed to the Superior Court. The administrative process must be exhausted before appeal to
Superior Court. SECTION
IX ENFORCEMENT
1. A person who neglects
or refuses to comply with the
provisions of this Ordinance may be fined not more than $500 for each offense by
Superior Court. Each week that a
violation is continued shall constitute a separate offense (24 V.S.A. Section
1974).
2. Upon such neglect or
refusal, the Board of
Selectmen 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).
3. Nothing in this
ordinance shall be construed to prevent the Local Board of Health or the Health
Officer from carrying out their duties as prescribed in 18 V.S.A., Chapter 11.
4. 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
X SEVERABILITY
1. 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.
2. Approval of any
sewage disposal system design and installation by the granting of a disposal
system construction permit and certificate of occupancy 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 or any Town official/employee for the sewage disposal
system. Adopted
by the Brandon Select Board February
22, 1994 Approved
by the Vermont Department of Environmental Conservation: Jack
Long 3/4/94 and
made effective: April 23, 1994
Date ALL GENDER REFERENCES ARE
IMPLIED TO INCLUDE BOTH MALE AND FEMALE (ie:his=his/her) Adopted
on February 22, 1994 by the Brandon Select Board.
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