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N. Warren Town and County News
Norwalk, Iowa
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March 15, 2012     N. Warren Town and County News
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Page Six N/Warren Town and County News Thursday, March 15, 2012 R OFFICIAL PUBLICATION WARREN COUNTY, IOWA CHAPTER 31 NOTICE OF ORDINANCE CHANGES Notice is hereby given that the following changes to Warren County Ordinances Chapter 31 On-Site Wastewater Treatment and Disposal Systems were approved by the WARREN COUNTY BOARD OF SUPERVISORS at the March 6, 2012 regular board meeting. Please note that all final Ordinance Deletions are indi- cated by strikethroughs and all final Ordinance Additions are indicated in itali- cized bold text. TITLE IV - HEALTH ORDINANCES CHAPTER 31 ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS 31.01 Purpose 31.02 Definitions 31.03 General Requirements 31.04 Permit Requirements 31.05 Inspection 31.06 Water Line/Utility Service Lines 31.07 Wells 31.08 Variances 31.09 Appeal 31.10 Registered Contractor 31.11 Special Penalty 31.01 PURPOSE: To protect the health of residents of Warren County, to prevent increased health risks due to on-site wastewater treatment systems and to imple- ment state on-site treatment standards. Warren County has adopted iowa Administrative Code 567, Chapter 69, in its entirety with the modifications stated below• 31.02 DEFINITIONS. For use in this chapter the following terms are defined: 1. "Alteration" means any change, addition or modification in construction. 2. "Construction" means the action of making or forming by combining parts; i.e., the act of building. 3. "County Sanitanan" means the Warren County Sanitarian. 4. "Non-Discharging System" means any non subsurface soil absorption type system described in IAC 567, Ch. 69, that is followed by a suitable soil absorp- tion system reduced by 50% capacity; determined by soil analysis or percolation test. 5. "NPDES" means National Pollutant Discharge Elimination System. 6. "Department" means the Iowa Department of Natural Resources. 7."Dwelling" means a place for human habitation• 8. "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses or an obstacle to the free use of property so as essentially to inter- fere with the comfortabla enjoyment of life or property. This shall include all definitions in Section 657.2 of the Code of Iowa. 9. "Public Sewer" means a wastewater treatment and disposal facility owned and operated by a corporate public entity such as a city or sanitary sewer dis- tnct. 10. "Repair" means the change or the reconstruction or tha renewal of any part of an existing system for the purpose of its maintenance. 11. "Reconstruction" means the action of reconstructing; i.e., the act of con- stmcting again; re-establishing; reassembling. 12. "Soil Scientist" means an individual whom practices investigating and evaluating the interactions between water, soil minerals, plants and other living organisms that are used to prepare soil scientists' reports for: subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, an other wastes; spray irrigation of wastewater; soil remediation at conventional rates; land application of agricultural products; pro- cessing residues, bioremediation, and volatilization; soil erodibility and sedimen- tation; and identification of hydric soil and redoximorphic features. 13. "NEHA"means National Environmental Health Association. 14. "lOWWA "means Iowa Onsite Waste Water Association. 15. "CIOWTS" Certified lnetaller of Onsita Wastewster Treatment Sys- ems 16. All terms defined in Chapter 69.1(2) of the Iowa Administrative Code 567 shall be defined the sama for these regulations. 31.03 GENERAL REQUIREMENTS. 1. Discharge Restrictions. It is prohibited for any household drainage and/or sewage, from other than an approved system designed to do so, to discharge (unless permitted under NPDES General Permit #4) to any ditch, stream, lake, pond, natural or artificial waterway, county drain tile, surface water drain tile, or to the surface of the ground. Such waste mafedal shall be disposed of in such a sanitary manner as is prescribed by these regulations. 2. State Cede Adopted. All on-site wastewater treatment and disposal sys- tems located in the County, including the corporate boundaries of incorporated cities and towns, shall be constructed and equipped in accordance with the speci- fications and requirements set forth by the Department in the most current edi- tion of the Iowa Administrativ Code 567, Chapter 69, and to such additional requirements as are prescribed by the regulatioas of the Board of Health. The following is a list of emphasis or differences between Iowa Administrative Code 567, Chapter 69, and changes and additions adopted by the Warren County Board of Health and the Warren County Board of Supervisors. s. 33.7 Mound C.t;. ;;'orrsn Count/roq.-:.o; t¢:o tonks :,n s - Jc, c. or qu:rsd end ,n ff:usnt f::tsr men':n,3 ;'C,'- Standard 4€. b.  ....... o;',,;,,sn, C:-;',d F;:, ............... , ,,4 ............... :n • • = •  i n . J L . . • ss.;ss o; ons ,-- n; s;z; .t ,s.st  g::.,ons ....3s t, ,.n th; m;n;m.,um,, s;zs ;sgu :r.dy squ:,;sd r.,';d s, s,ff:,usnt f',',t,. ,-n, sst:,n, ;'OF Ctnd.;d 4C. I. Eff:;cnt s---r', ,p',;s shY'J: b cc.',:ssd onn." -';.',',y r--'CCO ;d:,.,,3 tO. CU trent ,*.'PDES psrm:,t --rid su,b,,:,tt,d to an scorsd:,tsd ','.bortori, ,nd s.,,-',o rss'..'Its .................................................. Hs---',th D.,,ant r, ............. . ........... sf coch c*--,cndO;" • .... " -- -" ..... $ :-'-'-:-"' ...... , ,,, ks co,t to "- '" ..... "" ...... -": ........ ' Hc:th off:on, 2. :f the ::,,:ys::, :s ....................................... ........ , .............. • odjust,',snts sh---',: c m,,---do r-.nd the so,,p',;ng pro- a. If the p[operty owner is issued an NPDES Permit #4, all permitted discharging private sewage disposal systems shall be sampled and tested only by a "Qualified Sampler"as defined in the NPDES General Permit #4; no less than twice a year at six-month intervals for Carbonaceous Biochemical Oxygen Demand (CBOD5) and Escherichia Coil (E. Col•), and once a year for Total Suspended Solids (TSS), regardless of the distance of the State registered Waters as defined in the current NPDES permit #4. 1. Failure to provide acceptable test results according to IAC 567, Chapter 69 or current NPDES permit on two or more consecutive test dates shall void the existing permit and repairs or replacement must be made under a new permit. a. 69.13(2b and 69.13(3a(2) Intermittent Sand Filters. Schedule 40 plastic pipe or EPS aggregate is required. b. 69.14(1). 69.14(3L 69.14f5 and 69.14(6) Mechanical Aerobic Systems 1. For systems installed after the effective date of this ordinance, Warren County requires a pre-tank of 500 gallon minimum size. 2. All maintenance agreements submitted must be original or nota- rized copies and must precede issuance of a permit to install. 3. Sampling of mechanical aerobic units shall follow requirements outlined in Iowa Administration Code Section 567 Chapter 69.10(6) and 69.9(1 )c with these additions: a: Samples will be analyzed by an accredited labora- tory, and samples must be taken in compliance with the current NPDES require- ments. b: Warren County will require all mechanical aerobic systems to be sampled atthe time of each inspection. If no effluent is discharg- ing from the discharge point or present within the sample port at time of inspec- tion, then a report will be sent to the Warren County Environmental health office, indicating that observation. c: Results shall be immediately reorted to the Warren County Sanitadan but no later thn July 1 and December .! of each year. d: If the analysis is above the acceptable limits accord- ing to.,C 567, Chapter 69, necessary adjustments shall be made and the sam- : piing ; rmedure repeated. 4. Failure to provide acceptable test results according to IAC 567, Chapter 69 on two or more consecutive test dates shall void the existing permit if replacement of the system is necessary. A new permit shall be necessary for a replacement system. e. 69.5 1455B Pnmarv Treatment-Septic Tanks Warren County requires all full sized primary treatment tanks, pump tanks, and pretreatment tanks to be fitted with risers with a secure lid at or above final grade at the time of pumping. Full sized primary septic tanks shall be fitted with an effluent filter meeting Na- tional Sanitary Foundation Standard 46. f. If the County performs the required sampling for meeting current NPDES requirements effective after January 1, 2005, then the following fee(s) shall be collected by the Warren County Environmental Health Department. Site Visit ............................................. $100.00 Laboratory Fees for required test(s) from an accredited Laboratory. g. Any onsite septic system other than those system types described within IAC 567, Ch. 69 or this ordinance, that requires an NPDES Permit shall meet those requirements, as well as any agreements required by the Warren County Board of Health, including those permitted under a variance. h. All other discharging systems that require an NPDES General Permit #4, shall meet those requirements same as Intermittent Sand Filters, i.e. Peat Fil- ters. 5. Permit Required. No person shall begin repair, construction, al- teration, or reconstruction of any on-site wastewater treatment and disposal sys- tem for any purpose in the County without first having obtained a permit as set out in this chapter. The permit for repair, construction, alteration, or reconstruc- tion of the on-site wastewater treatment and disposal system shall be obtained prior to the construction of or addition to any dwelling or building to be served by this system. 6. Update of Failed System. In the event an on-site wastewater treat- ment and disposal system should fail, or otherwise be found to cause a nui- sance, and a public sanitary sewer is not available, said system shall be made to conform to these regulations. 1. For systems installed after the effective date of this ordinance, Warren County requires a pre-tank of 500 gallon minimum size. 2. All maintenance agreements submitted must be original or nota- rized copies and must precede issuance of a permit to install. 3. Sampling of mechanical aerobic units shall follow requirements outlined in Iowa Administration Code Section 567 Chapter 69.10(6) and 69.9(1)c with these additions: a: Samples will be analyzed by an accredited labora- tory, and samples must be taken in compliance with the current NPDES require- ments, b: Warren County will require all mechanical aerobic systems to be sampled at the time of each inspection. If no effluent is discharg- ing from the discharge point or present within the sample port at time of inspec- tion, then a report will be sent to the Warren County Environmental health office, indicating that observation. c: Results shall be immediately reported to the Warren County Sanitarian  no later than July I and December 31 of each year. d: If the analysis is above the acceptable limits accord- ing to IAC 567, Chapter 69, necessary adjustments shall be made and the sam- piing procedure repeated. 4. Failure to provide acceptable test results according to IAC 567, Chapter 69 on two or more consecutive test dates shall void the existing permit if replacement of the system is necessary. A new permit shall be necassary for a replacement system. e. 69.5 (455B) Pdmary Treatment-SeDtic Tanks Warren County requires all full sized pnmary treatment tanks, pumptanks, and pretreatment tanks to be fitted with nsers with a secure lid at or above final grade at the time of pumping. Full sized pdmary septic tanks shall be fitted with an effluent filter meeting Na- tional Sanitary Foundation Standard 46. f. If the County performs the required sampling for meeting current NPDES requirements effective after January 1, 2005, then the following fee(s) shall be collected by the Warren County Environmental Health Department. Site Visit ............................................. $100.00 Laboratory Fees for required test(s) from an accredited Laboratory. g. Any onslta septic system other than those system types described within IAC 567, Ch. 69 or this ordinance, that requires an NPDE-S Permit shall meet those requirements, a s well as any agreements required by the Warren County Board of Health, including those permitted under a vadance. h. All other discharging systems that require an NPDES General Permit #4, shall meet those requirements same as Intermittent Sand Filters, i.e. Peat Fil- ters. 7. Permit Required. No person shall begin repair, construction, alteration, or reconstruction of any on-site wastewater treatment and disposal system for any purpose in the County without first having obtained a permit as set out in this chapter. The permit for repair, construction, alteration, or reconstruction of the on-site wastewater treatment and d/sposal system shall be obtained prior to the construction of or addition to any dwelling or building to be served by this sys- tem. 8. Update of Failed System. In the event an on-site westewater treatment and disposal system should fail, or otherwise be found to cause a nuisance, and a public sanitary sewer is not available, said system shall be made to conform to these regulations. 31.04 PERMIT REQUIREMENTS. 1. Permit Application. Any person desinng a permit shall file with the County Sanitarian an application stating the owner's name, property address, phone number, and other information as required by the Board of Health on the most current application form available at the office of the County Sanitanan. 2. Percolation Test or Soil Analysis. Warren County follows Iowa Administra- tive Code Section 567 Chapter 69.6(1) and Appendix B"Percolation Test Proce- dure" with the following exceptions. a. The percolation test or soil analysis shall be certified by a regis- tered professional engineer or soil scientist. b. Warren County requires a four-hole percolation test so as to be more representative of the proposed lateral field. c.Warren County requires an additional test hole 6 feet in depth or to rock, whichever occurs first, be provided in the center of the proposed absorp- tion area to determine the location of ground water or rock formations. The six foot test hole may be augured the same size as the percolation test holes or be made with a soil probe. d. The lateral field shall be installed within no me're than ten feet beyond the perimeter connecting the soil borings or four percolation test holes. 3, Sketch Required. The application shall also include a sketch of the prop- erty with approximate dimensions showing the dwelling served, the location of any wells within 100 feet of the system, as well as a sketch of the proposed system to be installed. Any deviation from the plans or specifications appeanng on the application must be approved by the County Sanitarian. 4. Fee Requirement. Upon approval of the application by the County Sani- tarian, the signed permit shall be issued upon payment of the required appli- cable fees made payable to Warren County Treasurer• 5. Permit Fees. Installation of any type system by a cerlfrdcontractor... $200.00 Installstionofanytypeofsystembythehomeowner ...... $400.00 Repair, Alteration, or Reconstruction With a prior permit ................ $ 50.00 Without a prior permit ............. $100.00 Inspection of Existing System With a prior permit ................ $100.00 Without a prior permit ............ $150.00 • Extension permit ............................. $ 50.00 6. Valid Period. Permits shall have validity for a maximum of twelve (12) months from the time of issuance, dunng which time the on-site wastewater treatment and disposal system shall be completed. Percolation" tests or Soil Analysis shall also be valid for one year after being conducted. An extension permit may be applied for to extend the validity of the septic permit, percolatior test, or soil analysis for an additional year. The request and the $50.00 permit fee must be received by the Warren County Environmental Health Department before the original permit or test expiration date. The final approval of the exten- sion is then contingent uoon a site inspection by the Warren County Environ- mental Health Department. 31 05 INSPECTION• 1. Notification• The Co,mrs Sanitarian shall be notified orally by telephone, or in person, not less than twentv-our (24) hours, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except County observed holidays, before the work is to be insrected or tested. 2. Inspection. No part ,:4 any :3nvate sewage dis pc ;al sy.=,'em shall be used, covered, or constructed so as to deny the mandatory inspection by the County Sanitarian. An on-site wastewater treatment and disposal system is considered ready for inspection when the house sewer, septic tank, distribution box, and secondary treatment are in place but not covered. 3. Inspection of Repair or Alteration to Existing Systems. If an existing on- site wastewater treatment and disposal system is being repaired, altered, recon- structed, or a new system is being installed to replace an existing system, the building to be served by this system shall be connected to the building sewer before final approval is given. 4. Drawing Required. When the on-site wastewater treatment and disposal system has been completed, a drawing shall be completed by the County Sani- tarian showing the exact layout of the septic tank, all distribution boxes, the sec- ondary treatment system, and location of the structure to be served by the sys- tem. This drawing shall have dimensions from two (2) fixed corners of the dwell- ing or structure or other permanent landmark to the center of the septic tank(s) and center of the distribution box(es). The location of all wells within 100 feet of the system must also be shown. A copy of such shall be provided to the owner upon request. 31.06 WATER LINE/UTILITY SERVICE LINES. No service water line or other service utility lines shall be installed within 10 feet, so as to interfere with and/or prohibit the installation or repair of an on-site wastewater treatment and disposal system. 31.07 WELLS. If an on-site wastewater treatment and disposal system is to be constructed, reconstructed, altered, or repaired and a well is located less than the minimum distance as set out in the Iowa Administrative Cede Section 567, Chapter 69.1(6) Table I, then the well shall be abandoned and properly plugged. The well must be plugged according to rules established in the Iowa Administra- tive Code 567, Chapter 39, "Requirements for Properly Plugging Abandoned Wells." 31.08 VARIANCES.Vanances to these regulations may be granted by the Board of Health provided sufficient information is afforded to substantiate the need and propnety forsuch action. Variances shall be requested in writing and addressed to the Board of Health. All decisions regarding this topic shall be issued in wnting to the requester. A. For a variance request a $50.00 fee will be charged. In the situation the County Sanitanan recommends a variance to the Board of Health, the $50.00 fee will be waived. 31.09 APPEAL. Any person who feels aggneved by any notice or order made by the County Sanitarian or the Board of Health shall have the nght to appeal to the Board of Supervisors at the next regular meeting. [ITA 31.1C ,r'=EC:TE,r',E,/CC .... TCn=. ," .................... ,• ,, ,,.,==, C-;" ,;';-., •,,, •, ,=,, •, , terns, :. "*,';7, n Cour, ti sh',: be rsqu:rsd to ,, ccmp',sts  rs,3:,st tor, ,'crm,, --. r,d L P,s§:st=t:,c, :nc:.-dso ,':::,,§ & ...................................... i" Rs.:s.sd ---'-- .... ....................................... " -' p%33onG', .........   ........ u to .... Gn3o ;;';;;;;,';s;" :;-;.;.;t;-, :,.o. An;l=:: k..e,,p;.- .: o; such .oqu:rs,,sn' 3,,,::  s::kjc ts ,?. c ,-d sf : :o,,. ;oviE,'. ',. ,", ,,,,s sr, s t:,ms , for .c£,:ott',on :. ;;'lOn County sh;:', % $25. Do;.., ,, ,-'--. ,-t i ." .,,, ,_:,.:. ,_::.._ q- -:,-;- nts fc.. ;S,,:.t.r---2,C. S" ---- t;.'C, y,; b..C4.% 31.t0 REGISTERED CONTRACTOR. Any individual or firm, other than the homeowner, who installs, repairs, alters or maintains private onsite septic sys- tems, in Warren County shall be required to be certified by the NEHA as a Certified installer of Onsite Wastewstor Treatment Systems (CIOWTS), ei- ther Basic or Advanced levels. Continuing education credits to be defined by NEHA requirements. All inspections of on-site wastewar treatment and disposal systems require that a CIOWTS certified installer be on site during the inspection. 31.11 SPECIAL PENALTY. Any person who 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 $500.00 or by impnsonment of not more than 30 days. In addition thereto, such persons may be enjoined from continuing sch violations. Each additional day of neglect or failure to comply with such provision, rule, or lawful order after notice of violation by the Board of Health shall constitute a separate offense. OFFICIAL PUBLICATION Board Meeting to be approved at the March 20, 2012 Meeting March 6, 2012 The Warren County Board of Supervisors met Tuesday, March 6, 2012, at 6:00 p.m. with all three Supervisors' present. Also present was Kathy Rupp, Budget Director. The purpose of the meeting was to discuss and approve the FY12-13 budget. RESOLUTION 12-85 CLOSE PUBUC HEARING BE IT RESOLVED THAT, The public heanng for the FY 12-13 budget estimate is hereby-closed. Carried Unanimously RESOLUTION 12-86 CONVENE OPEN SESSION BE IT RESOLVED THAT, the Warren County Board of Supervisors hereby ap- proves to-go into open session. Carded Unanimously RESOU.rnoN 12-87 WARREN COUNTY ELECTED OFFICIALS SALARIES FISCAL YEAR 2012/2013 BE IT RESOLVED THAT, the Warren County Board of Supervisors hereby ap- proves the elected officials fiscal year 2012/2013 salaries by reducing the rec- ommended salary increase of the Compensation Board by 33.34%, and are as follows: 9ffi¢e Sheriff $81,199.75 County Attorney $100,614.39 Auditor $59,503.50 Treasurer $59,503.50 Recorder $59,500.63 Supervisors $35,061.31 Carried Unanimously RESOLUTION 12-88 FY 2012/2013 BUDGET BE IT RESOLVED THAT, the Warren County Board of Supervisors hereby ap- proves the Fiscal Year 2012/2013 County Budget as presented. Carried Unani- mously Upon proper motion the meeting was adjourned at 6:24 p.m. ATTEST: AUDITORI Traci VanderLinden' CHAIR During the 18th century, books that were considered offensive were sometimes ",unished" by being whipped.