Chapter 2: Sewage, Wastewater, & Excreta Dis.

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Sanitation Code

Harper County, KS

Chapter 2: Sewage, Wastewater, and Excreta Disposal

Section 2-1.0 Purpose and Intent of Code: The provisions of this chapter are adopted for the purpose of regulating and controlling the location, construction, maintenance, and use of septic systems, alternate sewage systems, privies, and the removal and disposal of materials from such facilities in order to protect the health of the citizens and the environment of Harper County.

Section 2-2.0 Applicability. The provisions of this chapter shall apply to all unincorporated land located in Harper County.

Section 2-3.0 Definitions

2-3.1 Domestic Sewage: means all water-borne wastes produced at family dwellings in connection with ordinary family living (process including toilet flushings, laundry waste water, shower and bath tub used water) and similar type wastewater produced at offices, churches, industrial, and commercial firms, exclusive of storm water, foundation drains, and cooling water.

2-3.2 Industrial and Commercial Wastes: means any other liquid or water-borne wastes produced in connection with any industrial or commercial process or operation, other than domestic sewage.

2-3.3 Public Sewerage System: means a sewerage system that is used or designed to be used, for the collection, treatment and discharge of domestic wastes, industrial, or commercial wastes into a receiving water course of the state and has a valid permit from KDH&E.

2-3.4 Private Sewerage System: means a storage system other than a septic-tank absorption system that is used or designed to be used to collect, treat, hold, or discharge waste from residential, industrial or commercial property into a soil absorption field.

2-3.5 Private Sewerage Disposal System: means a septic tank-soil absorption system used for the collection and disposal of domestic and industrial and commercial sewerage as defined in 2-3.1 and 2-3.2. This includes such systems as evaporation transpiration fields and mechanical treatment systems which include a soil absorption field.

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2-3.6 Sewer District: means a special district authorized and empowered by state statutes to plan, construct, and operate a public waste-water system.

2-3.7 Privy: means a facility designed and/or used for the disposal of human excreta.

2-3.8 Human Excreta: means the normal body wastes from humans (feces and urine).

2-3.9 Sanitary Service: means the pumping out and/or removal of wastes, sludge, or human excreta from privies, septic systems, or alternate wastewater systems, and the transportation of such material to a point of final disposal.

2-3.10 Subdivision: means any tract of land that is or has been subdivided into two or more lots for the purpose of sale or building development, whether immediate or future, including the streets, alleys or other portions there of intended to be dedicated for public use; and any re-subdivision of lands or lots.

2-3.11 Distance: means horizontal distances unless otherwise designated. Measurements referred to as not less than, minimum, at least, and other similar designations shall mean horizontal distances unless specifically indicated otherwise.

2-3.6 KDH&E: means the Kansas Department of Health and Environment.

Section 2-4.0 Prohibited Practices

2-4.1 Use of Non-approved Wastewater Systems. No person shall sell, use, lease, or rent for use any alternative wastewater system, septic system, or privy that: (1) has been constructed after January 1, 1988 until it has been inspected and approved by the Health Officer; (2) has been temporarily or permanently enjoined as a public health nuisance by a court of competent jurisdiction; (3) fails to comply with the provisions of this sanitary code, and written notice thereof has been given by the Health Officer to the owner or responsible person; (4) discharges inadequately treated wastes onto the surface of the ground, into watercourses, lakes, ponds, or any impoundment; or (5) that causes fly breeding, contaminates the water, produces offensive odors or any other condition that is prejudicial to health and comfort.

2-4.2 Use of Private Sewerage System, Septic System, and/or Privy Within 400 Feet of Public Wastewater System (Sewer). Means no private sewerage system, septic system, or privy shall be constructed within 400 feet of an existing public sewer, unless the health officer finds that connection to such a sewer is not feasible and that a private sewerage system, meeting the requirements of this code, can be constructed on the property.

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2-4.3 Location of a Private Sewerage System, Septic System, or Privy Within 100 Feet of Well. No portion of a alternative wastewater system, septic system or privy shall be located less than 100 feet from a water well or a pump suction line from a water well, unless the facility is of watertight construction, less than 50 feet. No wastewater line, regardless of construction shall be located less than 10 feet from a water well or a suction line from a water well.

2-4.4 Location of Private Sewerage Systems or Septic Systems Below Full Flood Pool. No portion of a private sewerage system or septic system shall be located below the full flood elevation of any federal reservoir or full pool elevations of any pond, lake or water supply reservoir unless written approval for location below full flood pool is obtained from KDH&E.

2-4.5 Connection to Non-approved Public Wastewater System. No premise shall be permitted to connect to any public wastewater system that does not hold a valid permit from the KDH &E as required in Sec. 2-5.2.

2-4.6 Approval of Plats. No township or county planning commission or zoning board, authorized to review plats of subdivisions of land, shall recommend for approval any plat containing one or more lots or building sites having less than 40,000 square feet of land, unless a public wastewater system is provided to serve all properties within the subdivision; or a surety bond, in an amount stipulated by the Board of County Commissioners, is filed with the county treasurer to guarantee the installation of such public system.

Section 2-5.0 Requirements for Public Systems.

2-5.1 Approval of Plans and Specifications. Plans and specifications for all public sewerage systems shall be submitted to and approved by the KDH&E prior to starting any construction of such systems. Copies of such systems shall be filed with the health officer.

2-5.2 Permit. The owner of every public sewerage system shall obtain a permit for operation of the system from KDH&E and no public wastewater system shall be operated or put in operations until the owner has obtained the required permit.

2-5.3 Responsibility for Operation. Responsibility for operations of all public wastewater systems must be vested in: (1) a sewer district, improvement district, or similar public agency authorized to operate public sewerage systems, or (2) in a private corporation incorporated under Kansas laws and legally bound and authorized by a charter and by-laws to operate and maintain the public sewerage system until such time as the responsibility is transferred to a duly constituted public agency.

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Section 2-6.0 Requirements for Private Sewerage Systems.

2-6.1 Approval of Plans. After January 1, 1988 no person shall construct or permit to be constructed any private sewerage system until the plans and specifications for such system have been submitted to and approved by the health officer, who may require the system to be designed by a professional engineer and who may ask for a review of the proposal by KDH&E. Additional monitoring and reporting requirements of alternative systems may be required by the health officer (Lagoons are to be approved by KDH&E).

2-6.2 Permit for Use: No persons shall use, or permit to be used, any alternative wastewater (private sewerage system) until he/she has applied for and received a permit to use such system from the health officer.

2-6.3 Maintenance. All persons holding a permit for use of a private sewerage system and/or responsible for its operation shall operate and maintain the system in conformity with standard operation practices recommended by KDH&E and shall not overload the system so as to produce discharge onto the surface of the ground or drain into any stream, or roadside ditch, or produce offensive odors; or become a breeding place for flies, mosquitoes or rats, or impair the quality of effluent or create any condition hazardous to health. Whenever the health officer shall find any alternative private sewerage system malfunctioning and causing any of the above prohibited conditions, he/she shall order the owner and/or user to correct the condition within 30 days.

Section 2-7.0 Requirements for Septic Systems and Lateral Field Installations.

2-7.1 Suitable Site. A site shall not be approved by the health officer if: (1) connection to an approved public wastewater system is feasible or violates the provisions of Section 2-4.0 of this code; (2) the site contains less than 40,000 square feet of suitable area for immediate and eventual use as a lateral field exclusive of buildings, roads, streets, driveways, parking areas, patios or other public right-of-way or easements and: (3) the soil percolation rate is faster than one inch in a minute or slower than one inch in sixty minutes. All percolation rates shall be based upon procedures for such tests prescribed by the KDH&E in it s Bulletin 4-2. Such tests shall be made at the direction of the health officer or his/her representative, and/or; (4) impervious layer of rock formations are closer than 6 feet below the bottom of the trench or; (5) the ground water table is, at any time, closer than 4 feet to the bottom of the trench or, (6) the natural slope of the land is greater than 10 percent; (7) the system and lateral field is closer than: (a) 100 feet from any water well; (b) 50 feet from the property line of the premise it serves; (c) 25 feet from a public water supply line; (8) individual laterals are over 60 feet long; (9) the trench bottom and tile distribution lines are not nearly level with a fall of 2 inches to 4 inches per 100 feet, and never to exceed 6 inches per 100 feet; (10) absorption field trenches are to be at least 18 inches with tile laid on 6 inches of gravel, broken brick, washed rock, or similar aggregate from ½ inch to 2 ½ inches.

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2-7.2 Approved Plans. A septic system shall not be constructed, reconstructed, or modified after the effective date of this code without first submitting its plans to the health officer having them approved. The health officer shall follow recommended standards for design, construction, and location of septic systems such as the latest edition of Bulletin 4-2, Recommended standards for locations, constructing, and operating septic tank system for rural homes.

2-7-3 Inspection and Approval of Construction. All septic systems constructed, reconstructed, or modified after the effective date of the sanitary code must be inspected and approved by the health officer for compliance with the approved plans; and no portion of the system shall be covered or made inaccessible to inspection prior to approval.

2-7.4 Proper Maintenance and Operation. All septic systems shall not discharge onto the surface of the ground or drain into any stream, or roadside ditch produce offensive odors, or become a breeding place for flies, mosquitoes or rats, Whenever the health officer shall find any septic system malfunctioning and causing any of the above prohibited conditions, he/she shall order the owner and /or user to correct the condition within 30 days.

2-7.5 Approval of Plats. No township or county planning or zoning board, authorized to review and recommend approval of plats or subdivisions of land, shall recommend for approval and plat containing one or more building sites having less than 40,000 square feet of land, unless public sewers are provided or a surety bond in an amount determined by the county commissioners is filed, and guarantee the installation of such sewers.

SECTION 2-8.0 Requirements for Privies

2-8.1 Approval Plans. A person shall not construct, erect, alter or modify any privy until the plans and specifications for the proposed construction and/or modification have been approved by the health officer. Plans for all new privies shall conform with the provisions of Kansas State Department of Health and Environment's Bulletin 4-3, The Sanitary Privy.

2-8.2 Inspection and Approval of Construction. No person shall use, make available for use, any newly constructed or modified privy until the construction has been inspected by the Health Officer and found to be in conformity with the plans approved under Section 2-9.1 of this code.

2-8.3 Proper Maintenance. No person shall use or offer for use any privy that is not maintained in a clean and sanitary condition. Privies that permit insects, or rodents access to the waste material in the pit, shall be repaired within a reasonable time or condemned by the health officer from further use.

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2-8.4 Vault Required in Certain Areas. In areas where the elevation of the ground water is within 10 feet of the top of the ground, a water tight concrete vault shall be provided in lieu of the standard pit at the direction of the health officer.

2-8.5 Location. (1) A pit privy shall not be installed less than 100 feet from an existing well; (2) A pit privy shall not be constructed or reconstructed on any premise served by a public water supply, or on which water is delivered to any building under pressure, unless special permission for use of a privy is obtained from the health officer and all homeowners within 500 feet of the privy are notified of the proposed construction.

2-8.6 Zoning Regulations. A privy shall not be constructed or approved for construction in any location where zoning regulations prohibit such facilities.

Section 2-9.0 Sanitary Services

2-9.1 License Required. No person shall remove, haul or transport, or offer to move, haul, or transport any domestic waste, industrial or commercial wastes, or human excreta from any alternative wastewater system, septic system, or privy, or offer to remove or transport such wastes unless he/she holds a valid license from the health officer.

2-9.2 Application and Inspection Fee. Every person wishing to obtain a sanitary service license shall make application for a license on forms provided for this purpose and shall pay the inspection fee prescribed in Section 2-9.3 into the County Health Department before filing the application with the health officer. A receipt showing such payment shall be attached to the application form. In case the license is denied, no portion of the inspection fee will be refunded.

2-9.3 Fees. The following fees shall be charged: (1) For initial inspection $5; (2) For initial license $20; (3) For re-inspection and renewal of license $20; (4) For additional inspections $5.

2-9.4 Contracting with Unlicensed Persons Prohibited. No person responsible for operating an alternative wastewater system, septic system, or privy shall contract, or offer to contract, with any person for sanitary services unless that person holds a valid permit or license to provide such services form the health officer.

2-9.5 Minimum Standards for Sanitary Service Equipment. All equipment used for rendering of sanitary services shall be of water-tight construction, maintained in good working condition and provided with hoses, couplings, valves pumps, and other necessary equipment to insure that all material removed from the system will be transported to a point of disposal approved by the health officer without spillage of the waste onto the road or street. All equipment shall be in good workable condition and the operator shall demonstrate that the equipment is in good operating condition and will perform its function without leakage or spillage.