Chapter 13.12
SUBSURFACE SEWAGE DISPOSAL SYSTEMS*
Sections:
13.12.040 Requirements for subsurface sewage disposal systems—Intent of regulation.
13.12.042 Adoption of state regulations.
13.12.044 Adoption of Installer’s Manual.
13.12.050 Subsurface sewage disposal system permit.
13.12.060 Violations—Penalties.
13.12.070 Conflict of ordinances, effect on partial invalidity.
13.12.090 Subdivision plan review.
13.12.110 Approval of pre-existing systems.
*Prior history: Prior code Sections 22-31 through 22-55.
13.12.010 Title and scope.
A. Title. This chapter shall be known as the “subsurface sewage disposal regulations of the city of Valdez”.
B. Scope. The provisions of these regulations establish limitations of the construction and use of subsurface sewage disposal systems, community systems and commercial installations and establish the requirements for obtaining a subsurface sewage disposal permit. The regulations also require review of subdivision plans for wastewater treatment and sewage disposal. (Ord. 96-33 § 1 (part))
13.12.020 Definitions.
For the purpose of these regulations, the following words and phrases shall have the meanings ascribed to them in this section.
“Adequacy test” means a test to insure the system is sufficient for the purpose in which it is being used.
“Community system” means any system serving more than one dwelling unit.
“Director” means the city building official or his designee or authorized agent.
“Municipal or public system” means any system controlled and operated by the city.
“Permit” means unless otherwise designated, a written permit issue by the director, or his designee, pursuant to this regulation.
“Person” means any institution, public or private corporation, individual, partnership, or other entity.
“Regulations” means the subsurface sewage disposal regulations of the city.
“Subsurface sewage disposal system” means a sewage disposal system, other than a municipal or community system, which receives either human excreta or liquid waste, or both, from one lot or premises. Included within the scope of this definition are septic tank-soil absorption systems, privies and chemical-type toilets, and such other types as may be approved by the director. (Ord. 96-33 § 1 (part))
13.12.030 Sewer required.
A. Every building in which plumbing fixtures are installed and every premises having drainage piping thereon, shall have a connection to a public sewer.
B. When no public sewer intended to serve any lot or premises is available drainage piping from any building or works shall be connected to an approved sewage disposal system.
C. Within the limits prescribed by subsection D of this section, the rearrangement or subdivision into smaller parcels of a lot which abuts and is served by a public sewer shall not be deemed cause to permit the construction of a private sewage disposal system, and all plumbing or drainage systems on any such small parcel or parcels shall connect to the public sewer.
D. The public sewer may be considered as not being available when such public sewer is located more than two hundred feet from any lot.
E. No permit shall be issued for the installation, alteration or repair of any private sewage disposal system or part thereof, on any lot for which a connection with a public sewer is available.
F. On every lot or premises hereafter connected to public sewer all plumbing and drainage systems or parts thereof, on such lot or premises shall be connected with such public sewer.
G. No rain, surface or subsurface water shall be connected to or discharged into any drainage system, unless first approved by the director.
H. No cesspool, septic tank, seepage pit or drain field shall be connected to any public sewer or to any building sewer leading into such public sewer.
I. If a public sewer becomes available, every building previously connected to a septic system shall be connected to the public sewer within ninety days.
Exception: Single-family dwellings and buildings or structures accessory thereto, existing and connected to an approved subsurface sewage disposal system prior to the time of connecting the premises to public sewer may, when no hazard, nuisance or insanitary condition is evidenced and written permission has been obtained from the director, remain connected to such properly maintained private sewage disposal system when there is insufficient grade or fall to permit drainage to the sewer by gravity. (Ord. 96-33 § 1 (part))
13.12.040 Requirements for subsurface sewage disposal systems—Intent of regulation.
The city, in order to protect the health and safety of the people of the city and the general public, establishes regulations governing the design, construction, installation and operation of subsurface sewage disposal systems. These regulations are intended to insure that the wastes discharged to various subsurface sewage disposal systems:
A. Do not contaminate any drinking water supply;
B. Are not accessible to insects, rodents or other possible carriers of disease which may come into contact with food or drinking water;
C. Do not pollute or contaminate the waters or lands of the state;
D. Are not a health hazard by being accessible to children;
E. Do not give rise to a nuisance due to odor or unsightly appearance or be present on the surface of the ground;
F. Do not discharge into any underground water drain or stormwater drain, any body of water, watercourse, channel or other surface water drain without having been subjected to an approved degree of treatment;
G. Will not violate any other laws or regulations governing water pollution or sewage disposal; or
H. Do not injure or interfere with existing or potential beneficial uses of subsurface waters. (Ord. 96-33 § 1 (part))
13.12.042 Adoption of state regulations.
So much of the Alaska Administrative Code 18 AAC 72, in effect on April 1, 1999, and such amendments as may be made thereto from time to time, as may be and are applicable to the city regarding wastewater disposal are adopted by reference, substituting the words “city of Valdez” in place of “department”. Copies of 18 AAC 72 are available at the city of Valdez. (Ord. 01-04 § 1 (part))
13.12.044 Adoption of Installer’s Manual.
So much of the Installer’s Manual for Conventional Onsite Domestic Wastewater Treatment and Disposal Systems, in effect on August 1, 2000, and such amendments as may be made thereto from time to time, as may be and are applicable to the city regarding installation of subsurface sewage disposal systems are adopted by reference, substituting the words “city of Valdez” in place of ADEC. Copies of the Installer’s Manual are available at the city of Valdez. (Ord. 01-04 § l (part))
13.12.046 Amendments.
A. Any future amendments to Alaska Administrative Code 18 AAC 72 or the Installer’s Manual will be effective in this code also.
B. Amendments or supplements to this chapter may be made and/or enacted by the city council as provided by the charter. (Ord. 01-04 § 1 (part))
13.12.050 Subsurface sewage disposal system permit.
A. Permit Required. It is unlawful for any person to construct, alter or extend a subsurface sewage disposal system within the city unless he holds a valid permit issued by the director.
B. Permit Issuance. The permit shall be issued pursuant to Title 15 of this code. (Ord. 96-33 § 1 (part))
13.12.060 Violations—Penalties.
A. Systems Plan Approval and Construction. All plans and specifications for the construction of new subsurface sewage disposal systems, or for improvements or extensions to such existing systems, shall be submitted to and approved by the director before construction thereof may begin. The failure by any person to secure approval from the director of plans and specifications prior to construction or installation of subsurface sewage disposal systems shall constitute a violation of these regulations. All subsurface sewage disposal systems shall be constructed and installed in the manner approved by the director. Failure to construct or install in accordance with the plans and secure approval by the director shall constitute a violation of these regulations.
B. System Operations. Notwithstanding any other provision of these regulations, and further notwithstanding approval by the director of any subsurface sewage disposal systems, any person who discharges any contaminants into or upon waters or lands of this state so as to cause unreasonable interference with multiple legitimate and beneficial uses of such water or lands shall be in violation of these regulations.
C. Violation a Misdemeanor. Any person who wilfully or negligently violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars for each separate violation. Each day upon which such violation occurs shall constitute a separate violation. (Ord. 96-33 § l (part))
13.12.070 Conflict of ordinances, effect on partial invalidity.
In any case where a provision of these regulations is found to be in conflict with a provision of any state or local zoning, building, fire, safety or health ordinance, the provision which, in the judgment of the director, establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of these regulations is found to be in conflict with a provision of any other ordinance or code which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of these regulations shall be deemed to prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with these regulations. (Ord. 96-33 § 1 (part))
13.12.080 Location.
No building sewer or sewage disposal system or part thereof shall be located on any lot other than the lot which is the site of the building or structure served by such sewer or sewage disposal system, nor shall any building sewer or sewage disposal system or part thereof be located at any point having less than the minimum distances of separation indicated in these regulations. (Ord. 96-33 § 1 (part))
13.12.090 Subdivision plan review.
A. Any person proposing a subdivision shall submit the following information to the director within five days after the submission of a proposed subdivision plat to a platting authority or, where no subdivision plat is filed, sixty days before subdividing:
1. A drawing and written description showing proposed domestic wastewater treatment and disposal systems and water sources for each typical set of on-site conditions existing within the subdivision. A plot plan must be included showing special relationship between systems on adjacent lots;
2. An engineer registered by the state of Alaska shall provide soil information sufficient to determine suitability for a wastewater disposal system (if a soil absorption system is proposed) as determined by Title 15 of this code;
3. A map of the proposed subdivision showing lot and street layout with lot dimensions, contours sufficient to show topography, drainage, marshy or wet areas, muskeg, any existing or proposed improvements, bodies of water located within two hundred feet around the proposed subdivision, bodies of water capable of being used as drinking water sources, and nearest existing road or highway accesses;
4. A statement and timetable concerning the possible development of any future community water or sewerage systems to the extent ascertainable;
5. Identification of persons responsible for construction, operation and maintenance of water supply and sewage treatment and disposal facilities in the proposed subdivision;
6. Types and amounts of sewage, excrement, graywater, or other wastes that would be generated on a typical lot in the subdivision;
7. Location of storm sewers, drainage ditches, their ultimate discharges, and treatment, if required to protect receiving waters;
B. The director will issue a decision to the applicant within thirty days after receipt of complete subdivision plans. The director will, in his discretion, attach terms and conditions to subdivision plans necessary to ensure compliance with requirements of this chapter.
C. No person creating a subdivision may sell, contract to sell, lease or otherwise convey an interest in any lot or lots within that subdivision if plan approval has not been granted for that subdivision under this section.
D. The subdivider shall include the terms and conditions of the department’s subdivision plan approval for domestic wastewater treatment and disposal systems on the subdivision’s plat of record and recorded instrument. (Ord. 96-33 § 1 (part))
13.12.100 Community systems.
All community systems must be engineered by a professional engineer registered in the state and sufficient information provided in accordance with Section 13.12.090 of this chapter. (Ord. 96-33 § 1 (part))
13.12.110 Approval of pre-existing systems.
This section applies to all septic systems installed prior to the adoption of these regulations.
A. Approval. In order for the director to issue approval for an existing system, an engineer, registered in the state, must first provide an adequacy test on the septic system.
1. Each system will be dealt with on an individual basis to determine the extent of the adequacy test.
2. The engineer may subject the system to whatever tests deemed necessary to prove the system adequate for the facilities connected thereto.
3. If the system proves to be adequate, the tank must be pumped and all sludge removed.
4. A water sample must be taken from the existing water supply and tested for contaminants.
5. The engineering firm must submit to the director statements showing:
a. Test used;
b. Size of tank;
c. Location of system in relation to property lines, building, well, etc.;
d. Date system was installed (approximate);
e. A receipt showing date tank was pumped.
B. Reports. The director shall approve or disapprove a system only after the engineer’s report and the water sample report have been presented to him.
C. Requirements. The director may at his discretion attach certain requirements, such as performing frequent tests on water samples, as a condition of his approval. (Ord. 96-33 § 1 (part))