Chapter 13.35
SEPTIC AND WASTEWATER DISPOSAL SYSTEMS
Sections:
13.35.030 Permitted septic and wastewater disposal systems.
13.35.040 Plat note requirement.
13.35.050 Mandatory connection to city sewer system.
13.35.070 County approval required.
13.35.090 Discharging waste from cesspools and septic tanks at sewage treatment plant.
13.35.010 General.
This chapter defines the general requirements for all on-site wastewater disposal systems, including septic systems, holding tanks or vaults, and cesspools. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.020 Definitions.
A. “Cesspool” means a covered pit which receives raw sewage directly without an intervening septic tank.
B. “Septic system” means an on-site wastewater system typically consisting of a septic tank or settling tank, and an absorption system utilizing absorption trenches, absorption beds, deep wall trenches, or seepage pits.
C. “Septic tank” means a watertight receptacle which receives the discharge of sewage and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into an absorption system.
D. “Sewage” means liquid or water-carried wastes, or both, produced by any person, animals, or fowl from residences, business buildings, institutions, industrial establishments, or agricultural, recreational, or other locations, including but not limited to septic tanks, privy vaults, and cesspools, together with ground water, surface water and storm water. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.030 Permitted septic and wastewater disposal systems.
It shall be unlawful for any person to construct any sewage holding tank or vault, privy, cesspool, septic tank, or septic system for the storage, treatment or disposal of sewage or waste water within the city boundaries except that a septic system may be approved by the city council with the preliminary subdivision plat approval (for new subdivisions), or the building official (for existing lots or parcels), if it meets one of the following criteria:
A. The lot is:
1. In an existing subdivision that is designated specifically for septic system use on the recorded subdivision plat;
2. More than 300 feet from an existing sewer line; and
3. Not located within a water source protection overlay zone.
B. The proposed lot is:
1. Not in an approved subdivision;
2. Larger than five acres in size;
3. More than 300 feet from an existing sewer line; and
4. Not located within a water source protection overlay zone.
C. The proposed lot is:
1. Larger than one acre in size;
2. In a proposed subdivision that is located at least one-quarter mile (1,320 feet) away from an existing sewer line; and
3. Not located within a water source protection overlay zone. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.040 Plat note requirement.
Any new subdivision that includes lots with a septic system shall include a note on the plat that states: “Lots in this subdivision may not have access to a public sewer line and may require approval and installation of a septic system. If a sewer line is installed within 300 feet of the property, the property owner shall connect any new or existing structures to the public sewer and shall properly abandon or remove any existing septic systems at the owner’s sole cost and expense.” [Ord. O-25-2018 § 2 (Exh. A)].
13.35.050 Mandatory connection to city sewer system.
A. If the subdivision plat for the property includes a note informing the property owner of the requirement to connect to the public sewer system, the property owner shall connect any new or existing structures to the public sewer, and shall abandon or remove any existing septic systems at the owner’s sole cost and expense, within three years of a connection to a sewer line being available within 300 feet of the property.
B. A property owner shall connect any new or existing structures to the public sewer, and shall abandon or remove any existing septic systems at the owner’s sole cost and expense, within one year of a sewer line being available within 300 feet of a property, if any of the following conditions exist:
1. If the city determines and notifies the property owner that the individual septic system, or the combination of multiple septic systems, is polluting or negatively impacting the groundwater or environment.
2. The septic system is impairing any culinary or municipal wells.
3. The septic tank is within any existing or potential water source protection zones.
4. The septic system is not fully functioning or emanating odors.
C. If a sewer line is available within 300 feet of the property, a property owner shall not replace, modify, expand, or construct any improvements to an existing septic system, or make any improvements or modifications to any home or structure on the property that increases the discharge into the septic system. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.060 Exceptions.
A. If the subdivision plat or property predates or does not have the note requiring the property owner to connect to the public sewer, and has an existing septic system working in good repair, the owner shall not be required to connect any existing structures to the public sewer, or abandon or remove an existing septic system to connect to the public sewer, unless the system is found by the city to be polluting or negatively impacting the groundwater, environment, or the public health, safety, and welfare.
1. The owner shall not be permitted to:
a. Change or alter an existing system, including increasing the size or adding new structures to an existing system.
b. Replace a failing system with a new septic system.
2. If the septic system is within 500 feet of a water source protection overlay zone, the owner shall be required to:
a. Have existing septic systems inspected and pumped by a licensed professional no more than every five years, and submit a report to the city.
B. A property owner may make a written request to the city council for a special exception to EMMC 13.35.040. The city council shall consider and grant exceptions on a case-by-case basis. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.070 County approval required.
Septic systems must be approved in writing by the Utah County health department prior to issuance of a building permit. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.080 Design criteria.
All septic systems must be designed in accordance with the Utah County health department requirements and the International Plumbing Code. [Ord. O-25-2018 § 2 (Exh. A)].
13.35.090 Discharging waste from cesspools and septic tanks at sewage treatment plant.
It shall be unlawful for any person, firm, or corporation to discharge the waste material collected and gathered in cleaning cesspools or septic tanks at any place within the corporate limits of the city, except at the designated site created for such purposes at the sewage disposal treatment plant of Eagle Mountain City. Illegal discharges may result in fines up to $10,000 per occurrence. [Ord. O-25-2018 § 2 (Exh. A)].