§ 700-160. FAILING SYSTEMS

(a)

No person shall knowingly cause, permit, or allow an OSS failure to occur.

(b)

An on-site sewage system failure occurs when:

(1)

Sewage and/or sewage effluent is present upon the surface of the ground;

(2)

Sewage and/or sewage effluent is discharging to surface water directly or by means of a ditch or depression;

(3)

Sewage is backing up into a residence, business, or facility;

(4)

Effluent is directly or indirectly reaching groundwater and that effluent does not meet Treatment Standard 2 (or Treatment Standard 1, if applicable); and/or

(5)

Sewage is leaking from a septic tank, pump tank, holding tank, or collection system.

(c)

The following systems or system components shall also be considered a failing system and shall be repaired or replaced:

(1)

Pit privies;

(2)

Cesspools or seepage pits/dry wells;

(3)

Deep trenches that discharge effluent directly to groundwater or that are located in a designated area of special concern under Section 700-140 of this [Chapter];

(4)

Metal or wood septic tanks;

(5)

Concrete septic tanks that may be considered a potential safety hazard (i.e. wood lid or otherwise structurally unsound); and

(6)

Drainfields, with no record of approval, that are located within fifty (50) feet of surface water or a water supply well.

(7)

Cesspools are not allowed under any conditions.

(Ord. No. 1632, § 1, 3-28-2017)